Please note that this agreement is a legally binding contract that should be read in its entirety.
The words "You", "Your" and "Yours" refer to Sendah Pinoy users. The words "We", "Us" and "Our" refer to Ayannah Information Solutions, Inc..
In consideration of your use of the Service, you agree that:
ACCEPTANCE. By using the Service, you have accepted and agreed to be bound by all operational rules and general terms and conditions governing the Service, including without limitation all the following sections of this TOU. You likewise agree to be bound by any and all laws, rules, regulations and official issuances applicable to the Service, now existing or which may hereinafter be issued and prevailing at the time of your use of the Service, as well as such other terms and conditions governing the use of other facilities, benefits or services which we may make available to you in connection with Sendah Pinoy.
OVERVIEW OF THE SERVICE. Sendah Pinoy is an online portal that empowers the OFW community by allowing them to have "direct" control over the way their remittances are spent. It is a one-stop online shop that offers Over the-Counter Cash In and Over-the-Web transaction management tool, Bills Payment, Online Shopping, Gifting, Loading and Pharmacy Section.
USE OF THE SERVICE
Eligibility Requirements. By opening a Sendah Pinoy account and using the Service, you warrant that you are at least eighteen (18) years old, have provided true information and are fully authorized to sign, register for, and avail of this Service.
Registration and Required Information. You will be required to sign up for an account before you are allowed to log in to the Sendah Pinoy website. To sign up, you need to submit the following details: Email Address, First and Last Name.
Anti-Fraud Measures. We implement strict anti-fraud measures. We may suspend your account should we suspect unlawful use, or detect inconsistencies which indicate a pattern of fraud. To lift this temporary ban, you will have to send an email to firstname.lastname@example.org and provide your Sendah Pinoy username and full name. You may also be required to send a scanned copy of a valid ID (a government issued ID such as Passport, Driver's License, etc) on a case to case basis to verify your account. Please note that we will never ask you for any of your passwords.
Notifications and Updates. From time to time, you may receive updates, announcements or other news related to Sendah Pinoy to your registered email address. Please let us know if you would rather not receive such updates by sending an email to: email@example.com.
Payment. We may accept or reject at our sole discretion your deposit, subject to our acceptance criteria. You further acknowledge that your deposit may be subject to a processing time of one (1) to three (3) days.
Funds held in your account are in Philippine Peso. The products offered on Sendah Pinoy website are likewise in peso. For deposits not in peso, a currency conversion will be effected based on Sendah Pinoy's exchange rate. Funds held in your account do not expire but will not earn any interest.
Wallet Credits as Payment
To avail of the Sendah Pinoy services, you need to purchase Sendah Pinoy credits via Direct Deposit. These credits will be stored in your Sendah Pinoy wallet and can be used as payment for any of the services.
You will be assigned a Sendah Pinoy Account Reference Number that is unique to your account. This reference number needs to be quoted every time you fund your Sendah Pinoy account.
Limitations of Service. Your transactions may be delayed or otherwise restricted as a result of our verification process including but not limited to delays in contacting and locating of your recipients, and in compliance with applicable law.
Service Level Agreements. We commit to deliver:
Product Description. We attempt to be as accurate as possible. However, we do not warrant that product descriptions or other content of www.sendahpinoy.com is accurate, complete, reliable, current, or error-free.
Refund and Exchange Policy. We want you to be delighted with all your purchases from our site. You are welcome to return or exchange any item in accordance with the conditions stated herein. All your refund requests should be made in writing and emailed to firstname.lastname@example.org for our evaluation. Once approved, we will credit your wallet with the correct amount.
Funds credited in your Sendah Pinoy wallet is non-refundable.
You are solely responsible for the mobile number you purchase load for. We shall not be responsible for any purchase of load for an incorrect mobile number.
Due to the nature of the product involved, a no return no exchange policy will be enforced for mobile phone load purchases unless the number falls under one of these categories:
If for any reason the product that you have chosen is not available any more, a Sendah Pinoy representative will contact and confirm with you the equivalent product that would be substituted to fulfill your order.
You must ensure that the mobile number you specified as recipient is correct. Once an mVoucher is sent, it can no longer be recalled.
Shop and Send
You must ensure that the delivery address of your recipient is accurate and complete. We will gladly accept returns and exchanges if the good/s you have received are incorrect or are not in its proper condition (due to no fault of the user). You may return it plus all associated original contents within 7 days from the day it was received.
For mobile phones, no refund will be entertained but we will gladly offer replacement if the phone damage does not fall under one of these categories:
For ER Card and Dental Cards, your request for refund will only be entertained under the following conditions:
Unauthorized Use. You agree that your use of the Service shall not violate this TOU, or any laws, rules and regulations relating to money laundering, fraud, or the funding of terrorist activities.
Ayannah Information Solutions, Inc. is committed to protect your privacy and security. The policies below are applicable to any information gathered by us and disclosed by you in the Sendah Pinoy site and in the course of using the services offered therein. However, our site contains links to other web sites which we are not responsible for, and these policies do not apply to such other sites or services to which we may link or may have link through us.
In the course of registering for and using the Sendah service, you may be asked certain personal information which we will use primarily to process your application, facilitate your transactions and verify your identity. We will also send you announcements, service updates and promotional offers at your registered email address.
We also collect information about your usage of the services, including your transaction history, your recipients, and information regarding your choice of browsers, your IP address, and your points of entry to and exit from this site. The information we gathered will be used to detect and prevent fraud and any other illegal use of the Service. We may also disclose some or all of the above information to affiliates and other third parties whom we may require to assist in performing and improving the Service and for any other purpose as we may deem necessary.
We work with subsidiaries, affiliates, partners and service providers to provide such services as application development, marketing, content generation, design, analytics, physical delivery and network maintenance, which require access to the information we obtain. Each of these entities are bound by confidentiality and non-disclosure agreements, and are restricted from using, storing, disclosing, transmitting, or altering this information except to support Sendah and its related services.
We may also use or disclose information about you if required to do so by law, or under such circumstances where we believe in good faith that such disclosure is necessary to comply with legal process served on us, protect and defend our rights or property, the Sendah site and the services therein, or its users.
While we make every effort to ensure that the Service is secure, cannot be accessed by unauthorized third parties, and is virus-free, we do not warrant the security, integrity, secrecy or confidentiality of any information or transaction transmitted through any relevant internet service provider, network system or such other equivalent system in any jurisdiction. Nor do we warrant that any information, communication or transaction transmitted or conducted through the Service is not corrupted, free from unauthorized access or interference and/or virus-free.
SEPARATE AGREEMENTS. By availing of the Service, you acknowledge that we provide the Service only. You acknowledge and accept that your payments are conducted through Direct Deposit, and as such you are also subject to the respective rules of banks, financial institutions and service providers.
RESPONSIBILITY OF USER. You are responsible, at all times for ensuring that any communication or transaction through your preferred bank and/or the Service is properly and correctly sent to the intended recipient/s. You expressly agree that any mistake or negligence shall be solely for your own account, and you shall hold us free and harmless from any damage or liability arising from such mistake or negligence. In this regard, we strongly advise you to verify that the designated recipient is your intended recipient (including the mobile and telephone number of your intended recipient) before sending or conducting your communications or transactions. We further advise you to do the same when you use your preferred bank to pay for your transactions.
AVAILABILITY TO AND MODIFICATIONS OF SERVICE. We reserve the absolute discretion to make the Service available to you from time to time, to determine the scope of the Service, to change procedures for transactions and other matters pertinent to the Service without need of notice or responsibility to you. You understand that by using the Service after any modification or change has been effected, you have agreed to such modification or change. If any of the revised terms and conditions is unacceptable to you, you must inform us of your objections immediately and discontinue your transaction. You understand that while the Service is available 24-hours a day, 7 days a week, it may not be available at certain times due to maintenance and/or computer, telecommunication, electrical or network failure or any other reasons beyond our control. Therefore, we shall not be liable to you if you are unable to gain access to the Service or if there is a resulting delay in the transaction.
TRANSACTION RECORD. All your transactions are displayed in your online transaction history. Each transaction has a unique transaction number; you must quote the transaction number when you are communicating with Ayannah about a particular transaction. You should check your transaction history regularly and you should report any irregularities or clarify any questions you may have as soon as possible by contacting Ayannah's Customer Service via email or phone call.
PASSWORD USE. You acknowledge that any access to or use of the Service cannot be made without your Sendah Pinoy password. You are entirely responsible for keeping your password secret and confidential and you shall not disclose the password to any unauthorized person and take all steps necessary to prevent discovery of the password by any unauthorized person.
REPORT OF & LIABILITY FOR UNAUTHORIZED USE. Please inform us immediately if you find out or suspect that someone else knows your password or that unauthorized transactions or any other breach of security have taken place. We advise that you promptly examine your transaction records balance and email us at email@example.com immediately if you discover any discrepancies, omissions, inaccuracies or incorrect entries. You are liable for all losses prior to your reporting any discovered or suspected discrepancies, omissions, inaccuracies or incorrect entries or if you act fraudulently or with negligence, including your failure to properly safeguard your password, or to immediately report any unauthorized transaction made.
LIMITATION OF LIABILITY. In no event will we, our affiliates, partners, service providers or suppliers and their respective shareholders, officers or employees be liable for any direct, indirect, punitive, exemplary, special or consequential damages of any kind arising in any manner from this site or your use of this Service, or errors or defects therein. If any of us are found liable for any grossly negligent or fraudulent act or omission, our liability shall be limited to the amount of the relevant transaction. You acknowledge and accept that we shall not be liable to you for any direct, indirect, incidental, special or consequential loss or damages arising in any way out of the use of the Service.
INDEMNIFICATION. You agree to defend, indemnify and hold us, our partners, affiliates, service providers, and respective shareholders, officers or employees, free and harmless from any claims or damages relating to this agreement, or your use of this Service, and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any action in connection with this Agreement.
DISCLAIMER OF WARRANTIES. We make every effort to ensure that the Service we provide is secure, cannot be accessed by unauthorized third parties, and is virus-free. However, you expressly agree that your use of the Service is at your own risk. We do not warrant the security, integrity, secrecy or confidentiality of any information or transaction transmitted through any relevant internet service provider, network system or such other equivalent system in any jurisdiction. Nor do we warrant that any information, communication or transaction transmitted or conducted through the Service is not corrupted, free from unauthorized access or interference and/or virus-free. We expressly disclaim all warranties of any kind, whether express or implied. We make no warranty that the Service will meet your requirements. We further disclaim and make no warranties, express or implied, with the use of your preferred bank as a mode for payment.
INTELLECTUAL PROPERTY RIGHTS. You acknowledge that the content, including the text, software and graphics, and all proprietary information relating to or in connection with the Service and all updates thereof, including without limitation trademarks, trade names, service marks, patents and/or copyrights, are protected by intellectual property and other proprietary laws, and shall at all times remain vested in us. You may retain a copy of the pages of this site solely for your personal record-keeping purposes, and you agree not to copy, use, or alter the same in any way.
ENTIRE AGREEMENT. This document sets forth the complete and entire agreement between you and us, superseding any prior offers, representations and promises made to you by our customer service representatives or employees. If any part of this agreement is found invalid, the remaining provisions shall remain in effect.
GOVERNING LAW. This agreement shall be governed by, and interpreted in accordance with the laws of the Republic of the Philippines and the exclusive venue for all suits to enforce this agreement shall be the proper courts of Pasig City, Metro Manila, Philippines to the exclusion of all other tribunals.
QUESTIONS/COMMENTS. For your questions, comments, or requests for further information, you may reach us online at firstname.lastname@example.org or at Unit 3003, Jollibee Plaza, F.Ortigas Jr., Rd., Pasig City, Philippines.