“Smoove” is a product of EZAdvance Consumer Lending Inc. a registered lending company duly organized and registered with the SEC in the Republic of the Philippines.

This Terms and Conditions of Use is binding for all users and visitors of the “Smoove” website (“Website”), Wallet Services (“Service/s”), and “Smoove” Consumer Lending, Inc. Applications (“Applications”)

By Agreeing on the “Terms and Conditions” checkbox and successfully completing the registration process for a Merchant and User Account, you hereby confirm that you are eligible for the use of our Services and have read, understood, and agreed to be bound by all of these Terms and Conditions of Use (T&Cs).

It is understood that this Terms and Conditions of Use is a legally binding agreement (“Agreement”) between “Smoove”  and:

1. Users of a “Smoove” Wallet (“User” essentially via the Application);
2. Merchant organizations which allow its existing and new customers the option to make a purchase using their “Smoove” Wallet (“Merchant” essentially via the Web Panel); or
3. Any visitor of the Website;

Users, Merchants, and Visitors of this website shall be collectively referred to as “you” while “Smoove”. shall be referred to as “we”, “our”, or “us” in this document.

This Agreement is a contract between “Smoove” and its Mobile Wallet Users; Merchants, and visitors of this website which governs the use of our services. For any individual to register an account and use the designated services, you must be a resident of the Republic of the Philippines and at least 18 years of age.

These Agreement including our Privacy Policy define the terms and conditions under which you are allowed to use the Application/Website. It likewise defines how we treat your information and account with the “Smoove” while you are a member hereof. If you have any questions about our terms, feel free to contact us at [email protected]

AGREEMENT FOR USE

1. We reserve the right to amend this Agreement (Terms and Conditions, Disclaimers, Privacy Policies, other Policies applicable or to particular Service or Services), with prior notice by posting a revised version on our website. The revised version will be effective at the time we post it. We highly advise all our Users to re-visit the site and check for the updated Terms and Conditions from time to time.

2. Users hereby recognise that they will be bound by this Agreement for availing any of the Services offered by us.

3. Users acknowledge that access to use of the “Smoove” Applications (Android iOS), Website and the Services will be solely at the discretion of “Smoove”

4. If you do not agree with the terms of this Agreement, you should stop using the “Smoove” Application (“Application”) and/or any other Services provided by “Smoove”

5. The Agreement is published in compliance with and is governed by the relevant laws of the Philippines.

APPROVAL OF TERMS 

1. By registering, holding, or using a “Smoove” account and/or any of its Services, Users agree to have read and understood all the terms of this Agreement and agree to be bound by the same for the use of the Services. If you do not agree to be bound by (or cannot comply with) any of the terms of this Agreement, please leave the website and cease use of the Application immediately and stop using your Account and our Services. The information that you obtain or receive from “Smoove”, its Team, associates, sponsors, advertisers or otherwise on the Website is for informational and planning reasons only.

2.   The information “Smoove”  provided on the Application and/or this Website is not expert advice and shall not be considered as such. The use of information delivered on the Application and/or Website is solely at all Users’own risk.

3.   Users can accept the Agreement (Terms) by:
Using the Application or Website; or
By basically using the Services of “Smoove”. In this case, Users thoroughly understand and agree that “Smoove”  will treat their use of the Services as acceptance of all the terms of this Agreements from that point onwards.

4.   For being a valid User, they must satisfy the following conditions: You are of legal age to form a binding contract with “Smoove”; or You are not a person barred from receiving the Services under the laws of The Philippines or other countries including the country in which you are resident or from which you access the Application/Website.

5.   Users, by acceptance of this Agreement hereby give full consent to “Smoove”  to submit Know-Your-Customer information and documents as may be required by the relevant laws and regulations of the Philippines.

INFORMATION PRESENTATION/EDITORIAL CONTROL

1. We make the Website available as a part of our Service to our Users and Merchants. We may, but have no obligation to, have non-user-posted information reviewed by the Website’s editorial personnel.

2. It is important to note, however, that the timeliness and accuracy of any or all of the information is not ensured. Neither the authors, the editorial personnel, nor any other party who has been involved in the preparation or publication of the information on this Website and our Application can assure Users that the information contained herein is in every respect accurate or complete, and they are not responsible for any errors or omissions or for the results obtained from the use of such information.

USE OF SERVICES AND INFORMATION

1. In order to access certain Services, Users will be required to provide personal information ‘’about yourself’’ (such as identification, contact, address, or payment details) as part of the registration process for the Service, or as part of the continued use of the Services. You agree that any registration information you give to us will always be true, accurate, correct, complete and up to date. Any phone number used to register with the Website needs to be registered in your name and you might be asked to provide supporting documents to prove the same.

2. Information provided by “Smoove”  or otherwise obtained from the Application/Website will not be used for any unauthorized and unlawful purpose;

3. Users hereby agree to not access (or attempt to access) any of the Services by any means other than through the interface that is provided by “Smoove”, unless they have been specifically allowed to do so in a separate agreement with us;

4. Users hereby agree that they will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services);

5. Users hereby agree that they will not reproduce, duplicate, copy, transfer, license, rent, sell, trade or resell the information obtained from the Application and/or Website for any purpose whatsoever;

6. Users agree that they are solely responsible for (and that“Smoove” has no responsibility to them or to any third party for) any breach of their obligations under this Agreement and for the consequences (including any loss or damage which “Smoove”  may suffer) of any such breach;

7. Users will not impersonate another person, including, without limitation, another User, a Merchant or any other associate for whatsoever reasons;

8. Users agree to the use of their data in accordance with “Smoove” Privacy Policy;

9. All personal and contact information provided by Users will be keep confidential and secure by “Smoove”. This includes your personal information given in relation to your account creation and subsequent administration. “Smoove” may disclose any information or activity of a user to any regulatory authority or governing body at any time if lawfully required to do so.

CONTENT YOU POST OR SUBMIT

1. On creation of an account on the Application or Website, you will have the opportunity to use numerous interactive channels through which you can communicate with our Team and share information (collectively “Posted Information”). It is important that you act responsibly when providing such Posted Information. Do not use inappropriate language, make gratuitous personal criticisms or comments. When participating in interactive aspects of the Service, please do include all relevant information in a concise manner to help us provide you with a helpful response.

2. In this connection:

i) Users are solely responsible for any Posted Information that they submit or transmit to our Team and/or other users of the Website;
ii) Users may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. You may not submit any content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party;
iii) Users may not provide any Posted Information that falsely expresses or implies that such content or material is sponsored or endorsed by “Smoove”; iv) Users may not provide any Posted Information that is unlawful or that promotes or encourages illegal activity;
v) Users understand and agree that “Smoove”  may (but is not obligated to) review and delete any Posted Information that in the sole judgment of “Smoove” \ violates these Terms or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other users of the Website and/or any other person;
vi) Users agree that you will only provide Posted Information that you believe to be true and you will not purposely provide false or misleading information; and
vii) The following is a partial list of the kind of content and communications that are illegal or prohibited on/through the Application/Website. “Smoove”  reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Services and terminating the membership of such violators or blocking your use of the Services and/or the Website. You may not post content that:
– Involves the transmission of unsolicited mass mailing or “spamming”;
– Harasses or advocates harassment of another person;
– Is false or intentionally misleading;
– Violates the intellectual property or other rights of any person;
– Is threatening, obscene, defamatory or libelous; or
– Is pornographic or sexually explicit in nature.

3. Users agree, through the use of this Service, that they will not use the Application and/or Website to post any material which are known to be unlawful, false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, libelous, harmful, obscene, profane, sexually oriented, threatening, racially offensive, invasive of a person’s privacy, or otherwise objectionable material of any kind or nature. Users agree not to post any copyrighted material unless the copyright is owned by them or they have been given permission by the copyright owner to post such material, and Users give due credit to the copyright owner by including the copyright information in your post.

4. Users agree and acknowledge that you will not submit unlawful, offensive, inaccurate, misleading, abusive, pornographic, harassing, libelous, blasphemous, defamatory, obscene, pedophilic, invasive of another’s privacy, hateful, racially or ethically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise inappropriate material.

5. Users also agree that they shall:
i) Not upload or share any information that impersonates another person, threatens the unity, integrity, defense, security or sovereignty of the Republic of the Philippines;
ii) Obtain any consents, permission or licenses that may be legally required for them to submit any material;
iii) Respect the privacy of others;
iv) Not distribute or post spam, unreasonably large files, chain letters, pyramid schemes, viruses;
v) Not use any other technologies or initiate other activities that may harm the Service, or the interest or property of the Users; and
vi) Not use any automated systems or means to access, acquire, copy or monitor any part of the Service.

6. Users will notify “Smoove”  via the ‘Contact Us’ facility upon coming across any objectionable content on the Application and/or Website and “Smoove”  shall initiate best efforts to remove such objectionable content within four (4) working days from being duly notified.

YOUR USE OF INFORMATION

1. Except for Posted Information that Users shall submit, all of the information available on or through the Services and/or the Application and/or Website, including without limitation, text, photographs, graphics and video and audio content, is owned by us and shall be. Users acknowledge that the Services and any underlying technology or software used in connection with the Services contain “Smoove”  proprietary information. We give Users permission to use the aforementioned content for personal, non-commercial purposes only and do not transfer any intellectual property rights to third-parties by virtue of permitting the use of Services. Users may print, download, and store information from the Application and/or Website for their own convenience, but may not copy, distribute, republish (except as permitted in this paragraph), sell, or exploit any of the content, or exploit in whole or in part, for any commercial gain or purpose whatsoever. Except as is expressly and unambiguously provided herein, we do not grant anyone any express or implied rights, and all rights in the Services not expressly granted by us are retained by “Smoove”.

2. We take no guarantees, statements or warranties, whether expressed or implied, with respect to professional qualifications, expertise and quality of work or services or other information concerning the Team or any Personnel working for “Smoove”.

USER RESPONSIBILITIES

Users are solely and fully accountable for maintaining sufficient security and safety of all Login Credentials, i.e. Personal Identification Number (PIN), Passwords or any other codes that Users use to access their accounts and services. Users shall be responsible for keeping their mailing address and other contact information updated on their Account Profile from their Mobile Application via the Menu Tab option.

THIRD PARTY INFORMATION ON THE WEBSITE

1. As some information appearing in the“Smoove” Application and/or Website are supplied by third parties, “Smoove”  will have no liability in respect of any loss or damage arising from third party information which appears on the Application and/or Website, including the manner in which the information is displayed or information which may be:
– Out of date;
– Inaccurate;
– Duplication;
– Impersonation by a person to be another person.

2. All dealings and communication arising from “Smoove”  facilitation of interaction between a Merchant and User will be between the Merchant and User only and “Smoove”  is not responsible in any manner for any communication between the User and the Merchant, and has no liability in respect of such dealings whatsoever.

3. “Smoove” is not an agent or representative of any of the Merchants, Bill Providers or Mobile Network Provides or any other Vendors listed or not listed on the Application and/ or Website and “Smoove”  has no responsibility for and no liability whatsoever in respect of the conduct of a Merchant or quality of service provided by a Merchant.

LINKS TO OTHER SITES

1. The Application and/or Website may include links to other websites. Some of these websites may contain materials that are objectionable, unlawful, or inaccurate. These links are provided for Users’ convenience only and the provision of these links does not mean that “Smoove” endorses these websites or the products and services they provide. Users acknowledge and agree that we are not responsible or liable for the content or accuracy of these other websites.

2. Users will note that the URL to every webpage on our Website begins with “https://”. In other words, every webpage on our Website is hypertext transfer protocol secure (“HTTPS Enabled”) or “identity verified”.

3. We have had our entire Website HTTPS Enabled to better protect everyone security against dummy websites. Please verify that a webpage is HTTPS Enabled before providing any information on it. We will not be liable for any consequences of you providing details on any third-party website, including dummy websites.

NO WARRANTIES

1. The interface/Website is provided subject to all of the terms set forth in the Terms.

2. “Smoove” disclaims all warranties whether express or implied, including but not limited to:
i) That our Application and/or Website will always function without disruptions, delay or errors. A number of factors may impact the quality of the Services and use of the Application and/or Website may result in the failure of the Services including but not limited to: the local network, firewall, the internet service provider, the public internet, the public switched mobile network, private switched mobile networks and the power supply. We take no responsibility for any disruption, interruption or delay caused by any failure of or inadequacy in any of these items or any other items over which “Smoove”  have no control;
ii) The ability to use the Service through the Application and/or Website;
iii) The satisfaction with the Service or the Application and/or Website;
iv) Security and privacy of User data;
v) That bugs or errors in the Service and/or Application/Website will be corrected;
vi) That our Services will be compatible with all internet providers services and broadband and we disclaim any express or implied warranties regarding the compatibility of our Service with any particular broadband service or modems;
vii) We make no expression or implied representations or warranties about our Services or the Application/Website and disclaim any implied warranties, including, but not limited to, warranties or implied warranties of merchantability or fitness for a particular purpose or use or non-infringement. We do not authorize anyone to make a warranty on our behalf and Users may not rely on any statement of warranty as a warranty by us; and
viii) That our Team who furnishes Services to Users in connection with this Agreement or the Service will be liable for any act or omission in relation to the Website.

RESTRICTIONS ON USE

In addition to all Terms of this Agreement, Users shall not:

1. Use the third-party links to sites without agreeing to their website terms & conditions;

2. Post links to third party websites or use their logo, company name, etc. without their prior written permission; or

3. Use the Services for spamming and other illegal purposes.

TERMINATION OF SERVICES

1. Accounts may only be disabled and Services may be terminated upon the representation made by a particular User’s request and “Smoove” may consider terminating the account based on the representation of the User, i.e. User cannot comply and adhere to the terms of the Agreement set by “Smoove”.

2. Moreover, any of the following actions may result in termination of Services:
i) Impersonating another person or entity with the effect of misleading Users about the identity of the creator of content (including misleading account user names, voices and sounds used in broadcasts, and account profile information);
ii) Impersonating the Services or a “Smoove” Team member;
iii) Representing that content, posted or transmitted through the Services is created or endorsed by us;
iv) Providing or sending any content which may be harmful or detrimental to “Smoove”  or its business associates, or which violates any restriction or policy established by “Smoove”  or its business associates;
v) Submission of any content that falsely expresses or implies that such content is sponsored or endorsed by us;
vi) Falsification or deletion of any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is posted;
vii) Putting on the “Smoove”  system any content that contains software viruses, Trojan horses or any other computer code, files, or programs designed to interrupt, destroy, or limit functionality of any computer software or hardware or telecommunications equipment;
viii) Manipulating Service identifiers and providers in order to disguise the origin of any content transmitted via the Services;
ix) Collecting or storing personal data about other Users;
x) Interfering with or disrupting the Service or servers or networks connected to the Service, or disobeying any requirements, procedures, policies or regulations of networks connected to the Service;
xi) Using any robot, spider, website search/retrieval application, or other device to retrieve or index any portion of the Service or collect information about users for any unauthorized purpose; or
xii) Creating user accounts by automated means or under false or fraudulent pretenses.

SPAMMING

Users may not use contact information provided by us or other users or harvest such information for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications such as spam. You may not allow others to use one’s account to violate the terms of this section. We may terminate the membership or access to the Application/Website immediately and take other legal action if the fraudster or anyone using one’s credentials violates these provisions.

ADDITIONAL TERMS

1. Certain Services on the Application and/or Website may have additional terms (such as policies, guidelines, and rules) that will further govern the use of that particular Service and supplement these Terms. When choosing to register for or access any such Services, you will be presented with any relevant additional terms and conditions at that time. By using those Services, you agree to comply with such additional guidelines and rules.

2. Unless otherwise indicated all offers validity, usage, eligibility, availability and or otherwise are subject to Terms and Conditions and may be available at select participating stores and or Merchants or Users only. Be certain to read the terms and conditions for each offer before use.

3. In relation to some Offers and or Promotions, certain release requirements or, where appropriate, withdrawal and or earning restrictions must be satisfied, in addition to the additional eligibility criteria set out in the Terms and Conditions that shall be presented prior any Promotion/Offers.

DISCLAIMER

1. The Service and the Application/Website and its entire contents are provided on an ‘as is’ basis. “Smoove”  and its officers, employees, associates and partners give or make no representation or warranty (either express or implied) as to the suitability of the Service or its contents for any purpose or the completeness, accuracy, reliability, security or availability of the Service or its contents; nor do they accept any responsibility arising in any way (including from negligence) for errors in, or omissions arising from them.

2. “Smoove”  and its officers, employees, associates and partners are not liable for any loss, damage, claim, expense, cost (including legal costs) or liability arising directly or indirectly from the use or non-use of the Service or the Application and/or Website, or your reliance upon the Service or the information contained upon the Website (whether arising from EZAdvance or any other third-party’s negligence or otherwise).

3. You and “Smoove”  agree that any cause of action arising out of your use of the Service or Application/Website must be commenced within twelve (12) months after the cause of action accrues or you become aware of the facts giving rise to the cause of action, whichever is later. Otherwise, such cause of action is permanently barred.

4. Where any legislation implies any term, condition, representation or warranty into this Agreement or the Privacy Policy and that legislation prohibits exclusion of that term, condition, representation or warranty, then that term, condition, representation or warranty is included.

GENERAL LIMITATION OF LIABILITY AND INDEMNIFICATION

1. One of our remedies in case of dispute with our Users is the suspension of our concerned User’s account. In no event shall our total cumulative liability to you for any and all claims relating to or arising out of your use of the Application and/or Website, regardless of the form of action, exceed the total amount you advanced to “Smoove”  by your use of our Services.

2. In no event shall we be liable to you (or to any third party claiming under or through you) for any indirect, special, incidental, consequential or exemplary damages arising from your use of, or inability to use, the Application and/or Website. These exclusions apply to any claims for lost profits, lost data, loss of goodwill, work stoppage, computer failure or malfunction, any other commercial damages or losses, even if we knew or should have known of the possibility of such damages.

3. You agree to defend, indemnify and hold “Smoove” , its Team and Associates harmless from and against any claims, actions, demands, liabilities, judgments, and settlements, including without limitation, reasonable legal fees resulting from or alleged to result from your use of the Services via the Application and/or Website.

4. You hereby indemnify and hold “Smoove”, and its Team harmless from any loss, costs, damages, expenses, and liability caused by your use of the Website, your violation of this Agreement, or your violation of any rights of a third party by use of our Services including the Application and Website.

UNENFORCEABLE PROVISIONS

If any provision of these Terms is, or is found to be, unenforceable under applicable laws, that will not affect the enforceability of the other provisions of these Terms.

GOVERNING LAW AND DISPUTE RESOLUTION

Except as otherwise described, all content availed by the use of this Application and/or Website and its interface is made available only to facilitate the use of the Services by the Users. “Smoove” controls and operates its Services and makes no representation that the contents and Services are appropriate or available for use in other locations. If you use the Services from a location other than the location where the (Services) Application and Website are controlled and operated, you are responsible for compliance with applicable local and international laws. These Terms shall be governed by and shall be construed in accordance with the laws of The Republic of the Philippines.
Any and all inquiries relating to these Terms shall be forwarded to [email protected]

TERMS AND CONDITIONS OF SERVICE FOR USERS

By accepting on the “Terms and Conditions” and successfully completing the registration process, you are stating that you are eligible to be a User of a “Smoove” Wallet (“Wallet”) and that you have read, understood and agreed to be bound by all of these Terms and Conditions of Service (“T&Cs”).

We urge Users to read these T&Cs carefully so they are informed of agreements they are making with us by successfully completing the registration.

INTERPRETATIONS

1. Any reference to the singular includes a reference to the plural and vice versa, unless explicitly provided for otherwise; and any reference to the masculine includes a reference to the feminine and vice versa.
2. Headings and captions are used for convenience only and shall not affect the interpretation of these T&Cs.

WALLET CREATION – Eligibility 

1. You will not be considered “Eligible” to use the services offered by our Wallet (“Services”) unless you:

• – Reside in the Republic of the Philippines;
• – Have attained at least eighteen (18) years of age;
• – Use Services to perform transactions in Filipino Peso only and other currencies specifically handled by the platform; and
• – Benefit of Services on a networked device which supports Services;

2. You may avail of Services only if you are eligible as defined hereunder, otherwise, we request that you cease to use the Wallet and its Services immediately.

3. We reserve the right to immediately terminate your Wallet account if we have reason to believe that your account is being used by another person who is not eligible, or for any other reason subject to our sole discretion.

4. We rely completely on your representation that you are eligible and will bear no liability if you or anyone else who uses or accesses your account or “Smoove”  Wallet is found to be otherwise.

WALLET MANAGING – Keep Your Account Safe

1. To open an Account; you must provide us with the following “Registration Information”:

• – Full name, Date of birth, Gender, Memorable Name
• – A valid and functional phone number registered in your name only (“Registered and Verified Phone Number via OTP Feature”);
• – A four-digit passcode/ personal identification number (PIN)

2. To use the same Account for online purchases and third-party website check out; you must provide us with the following additional details:

• – Your valid mobile number (“Registered Mobile Number”); and,
• – Passcode (“Four Digit”);
• – PVV (“Payment Verification Value”)

3. Any additional information that Banco Sentral Philippines Regulations may prescribe to be necessary to satisfy Know Your Customer norms (“KYC Norms”), or as we deem fit.

4. The Registration Information and any other details provided by you to us must be true to the best of your knowledge, information and belief. Any liability for false registration information provided by you will be borne solely by you and not us.

5. Please do not share your Registration Information with any third party as you will be solely responsible for maintaining the confidentiality of your Registration Information and will be liable for all activities and transactions that occur through Your Account/ “Smoove”  Wallet, whether initiated by you or any third party.

6. In order to protect the security of Your Account/ “Smoove” Wallet, we require you to:

i) immediately inform us at through the “Smoove” “Contact Us” of these T&Cs, of any unauthorized use of your Account and
ii) Ensure that you log out of your Account at the end of every session from every browser or device.

7. In accordance with BSP Regulations to prevent money laundering and the funding of terrorism in the Philippines; we may suspend or terminate your Account with immediate effect if we have reason to believe that the Registration Information or any other details provided by you is incorrect, or that the security of your Account has been compromised in any way.

8. Please note that in order to comply with BSP Regulations, we do not allow you to open more than one account in association with the phone number registered in your name.

9. In the event that you have forgotten the Pin or Password to your Account; you may click on “Forgot Pin/Password”? to request a new pin or password. Based on our sole discretion and if we are satisfied that the identity of the applicant for a new password matches your identity; we will enable and provide access for your credentials to be changed. You will be solely responsible for any and all transactions in your Account at any given time.

10. We highly recommend all users to keep their accounts safe and secure and suggest you change your passcodes from time to time. Moreover, we also advise all “Smoove”  Wallet users to set a screen lock security feature on their mobile device.

11. In the event that you are unable to access your Account or “Smoove” for any reason other than forgetting your passcode, please inform us at  “Smoove” “Contact Us” and make a request for blocking your Account. We will not be liable for any unauthorized transactions made through your Account prior to you making a request for blocking.

WALLET LOADING AND USAGE – “Smoove” Wallet Conditions

1. Once you have successfully created an Account after completing the registration process in accordance with these T&Cs; You can start availing of our Services through the Wallet Application available on Android and iOS.

2. The Features and Limits of EZAdvance Consumer Lending Wallet are as follows:

WALLET LOADING AND USAGE – Terms of Use

1. We charge our users with applicable fees for the Services availed through our Wallet, which fees are subject to change at our sole discretion. We shall inform our Users on these changes in fees as we implement the same.

WALLET LOADING AND USAGE – Terms and modes of payment

1. You may avail only of the modes of payment listed in our Application, Online checkout page which may be revised from time to time by us, to load your “Smoove” Wallet.

2. When you opt to load money into your “Smoove” Wallet you will be required to provide certain details for the purpose of making the desired transaction. If you provide such Payments Details, you agree that you do so voluntarily.

3. The Details you provide must be true and accurate to the best of your knowledge, information and belief. We do not bear any liability for the consequences if you provide false or incorrect Payment Details.

4. You represent and warrant that the bank or mobile money account through which you attempt to load funds into your “Smoove” Wallet has sufficient funds and you are permitted to propose such transaction. We bear no liability for loading transactions which are cancelled on account of insufficient funds or otherwise to load money into your “Smoove” Wallet account.

5. You hereby authorize us to hold, receive and disburse funds in your “Smoove” Wallet in accordance with any payment instructions we receive from you. Among other things; your authorization permits us to debit or credit your “Smoove” Wallet account. Your authorization will remain in effect as long as you maintain an Account with us. You may view the transaction history associated with your “Smoove” Lending Wallet at /Statements. If you wish to request a refund or chargeback on any past transaction which has occurred through your “Smoove” Wallet, you may do so in accordance with the procedure outlined in these T&Cs.

WALLET LOADING AND USAGE – Payments

1. When we receive payment instructions from your “Smoove” wallet to pay a Merchant (In-store or online), you authorize us to commit the payment to that Merchant. This authorization will remain in effect as long as you maintain an Account with us.

2. In the event that you are not satisfied with the goods or services provided to you by a Merchant for any reason; we recommend that you report the matter to the Merchant in question. Please note that we are not responsible for the goods or services provided by our Merchants and cannot be involved in any disputes between a Merchant and User regarding the same.
i) The User will not be granted any refund for any faulty purchase/s and or services provided by any Merchant;
ii) “Smoove” is only a reseller of mobile top-up, and other bill products/services and does not provide mobile operator services or bill provider services. Therefore, “Smoove” is not a guarantor of such services.
iii) Whenever Users make payments to any merchants at stores or online, “Smoove” will not be responsible for any user entering incorrect amount or paying a wrong merchant. “Smoove” considers this act as “User Negligence”; Therefore, the user will solely be responsible for any losses incurred and cannot file a claim nor raise a dispute with “Smoove”. In this case, the only recourse of the User is through the Merchant.
iv) Whenever a User is recharging Mobile Airtime, “Smoove” will not be responsible for any user entering incorrect details while processing the transaction. Therefore, the user will solely be responsible for any losses incurred.
v) Whenever a User is purchasing bills services or any other services“Smoove”  will not be responsible for any user entering incorrect details while processing the transaction. Therefore, the user will solely be responsible for any losses incurred.

WALLET LOADING AND USAGE – Wallet to Wallet

1. Service Available on
– Android App
– iOS App
– Mobile Web and Web browser

2. For Sending / Receiving of Funds on the “Smoove” Wallet:
– This ‘Send’ service is available for existing “Smoove” Wallet users ONLY.
– The Sender must have sufficient monies available to initiate a transfer.
– To avail this facility, a ‘Receiver’ must either have an existing Wallet Account on “Smoove” Wallet to receive the funds that were sent or download and register the Account to retrieve funds that were sent“Smoove” will not be responsible to the ‘Sender User’ for any funds being transferred to a non
– “Smoove” Wallet mobile number.

3. Validity of Transfer: The Wallet to Wallet Transfer will automatically be received by the recipient instantaneously.

4. We rely solely on your representation and will bear no liability in the event that funds are transferred to persons who are not Eligible Transferees.

5. We may terminate, at our sole discretion, any transaction involving ineligible accounts and/or users at any time, without liability whatsoever,

WALLET LOADING AND USAGE – Refunds

1. In the event that the User desires a refund on any amount that has been debited from their “Smoove” Wallet Account, they are requested to kindly visit the ‘Contact Us’ page from their Application or Website and clearly explaining the situation of the refund request in writing which shall be sent as an email to the Admin responsible at “Smoove”

2. Every refund request made by a User is processed by us, including those made by a Merchant.

3. Where we determine that a refund request is valid. We will make every reasonable effort to grant the refund request and return the requisite funds to the “Smoove” Wallet Account. Moreover, “Smoove” holds the rights to deny all and any kinds of refunds requests and may ask Users to solve their issues directly with the Merchant/Vendor whenever “Smoove” Party fails to recognise and resolve the issue raised.

4. We will make every reasonable effort to respond to your refund request at the earliest. Please note that we will not be responsible for delays, which may be caused by any third parties, such as Banks and Merchants, on whom we rely upon in processing your refund request wherever applicable.

WALLET LOADING AND USAGE – Service Charge

“Smoove” can at its will at any point introduce, amend, increase or reduce, Users to pay a small ‘Service Charge’ upon any transactions below a certain amount paid in-stores. “Smoove” shall only charge Users for that particular service and that cost shall get contributed towards the SMS payment confirmation services. The User is bound to such charges and cannot claim a dispute against such charges.

WALLET LOADING AND USAGE – Suspicious Charge

1. If we have reason to believe that any payment instructions made on Your Account have been fraudulently made, we shall suspend and deny the User access to their Account in order to investigate and report the suspicious activity in accordance with Banko Sentral ng Pilipinas (BSP) Regulations and applicable laws of the Philippines. Such suspension will continue in effect till the conclusion of the investigation.

2. Please note that we are reliant on a number of third parties such as banks and Merchants while conducting the investigation. However, we will make every reasonable effort to conclude the investigation at the earliest.

3. Upon conclusion of the investigation and based on its results, we may be required to terminate your Account with immediate effect, in accordance with the clauses on these T&Cs.

WALLET LOADING AND USAGE – Links

1. Our “Official Website” is available at /. You will note that the URL to every webpage on Our Official Website begins with “https://”. In other words, every webpage on Our Official Website is hypertext transfer protocol secure (“HTTPS Enabled”) or “identity verified” in other words.

2. We have had our entire Official Website HTTPS Enabled to better protect your security against dummy websites. Please verify that a webpage is HTTPS enabled before providing any information to it. We will not be liable for any consequences of you providing details on any third-party website, including dummy websites.

3. We do not guarantee the security, functionality or accessibility of any third-party website, including in those cases where the link to a third-party website is available on our Official Website.

WALLET SHUTTING AND EXPIRY – Termination of Account

1. We reserve the right to modify, terminate or suspend Services to you at any time without prior notice due to any changes in our internal policy or due to BSP Regulations or other applicable laws.

2. You may request for termination of Services at any time by submitting a request on the Official Website. We will make every effort to respond to your request for termination of Service at the earliest depending on the genuineness of your case.

3. You will remain responsible for all transactions that occurred prior to termination of your Account.

4.

WALLET SHUTTING AND EXPIRY – Dormant Accounts and Auto Expiry

1. “Dormant” of your “Smoove” Lending Wallet will occur under the following circumstances:
i) An account not in use for more than one hundred and fifty-one (151) days from the date on which it was not in use, meaning no transaction has been carried out.

2. “Expiry” of Your “Smoove” Wallet will occur under the following circumstances:
i) Expiry of a period of 5 (five) years from the date on which you successfully carried out your last transaction/activity on your “Smoove” Wallet Account;
ii) Expiry of a period of 180 (one hundred and eighty) days between the date of successful registration of Your Account and the first use of Services; or

3. We will try to inform Users via their Registered E-mail ID/Registered Phone Number 30 (thirty) days prior to Expiry and Dormant Status of their “Smoove” Wallet.

MISCELLANEOUS – Disclaimers and Warning

1. Except for our limited role in processing payments that You authorize or initiate, we are not involved in any underlying transaction between You, any other User, Merchant, Bank, “Smoove” associates or other third parties. We are not a Bank and do not offer banking services.

2. We may use the services of one or more third parties to provide the Service and process your transactions.

3. We are not a selling agent in connection with any sale to you of goods or services by any Merchant or person. We have no control over the quality, fitness, safety, reliability, legality, or any other aspect of any good or service that you may purchase using the Service or any third-party website that You may use to access the Service.

4. Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis. We disclaim all warranties of any kind whether express or implied including without limitation, any representation or warranty for accuracy, continuity, uninterrupted access, timeliness, sequence, quality, performance, merchantability, fitness for any particular purpose, non-infringement or completeness. Specifically, we disclaim any and all warranties including, but not limited to any warranties concerning the availability, accuracy, usefulness, correctness or completeness of information, and any warranties of title, warranty of non-infringement, freedom from computer virus, warranties of merchantability or fitness for a particular purpose, other than those warranties which are incapable of exclusion, restriction or modification under applicable laws.

5. We do not warrant or makes any representations regarding the use or the results of the Service in terms of its compatibility, correctness, accuracy, reliability or otherwise. You assume total responsibility and risk for Your access and use of the Service.

6. Any material downloaded or otherwise obtained through the use of the Service is done at Your own discretion and risk and that You will be solely responsible for any damage to Your operating system or loss of data that results from the download of any such material.

7. No advice or information, whether oral or written, obtained by You from Us or through or from the Service will create any warranty not expressly stated in these T&Cs.

8. Although We adopt security measures We consider appropriate for the offer of this Service; We do not assure or guarantee that no person will overcome or subvert the security measures and gain unauthorized access to the Service or any Accounts. We will not be liable if any unauthorized person hacks into or gains access to the Service or to Your Account and You will be liable and responsible for the same. “Smoove” considers this act out of its scope.

9. We will take every reasonable effort not to share any of the Personal Details, Registration Information or other information (collectively, “Personal Information”) You provide Us, except as required under Banco Sentral Philippines (BSP) Regulations and other applicable laws, or to the limited extent necessary for us to implement any payment instructions We receive from You. We will bear no liability for the consequences in any event where Your Personal Information has been willingly or inadvertently shared by You with any third party.

MISCELLANEOUS – User conduct

Every User agrees to the following:
1. They will not “stalk” or otherwise harass another User;
2. They do not and will not infringe any third party’s intellectual property,
3 Unlawfully disclose Trade secret, other proprietary rights, infringe on other users’ rights against publicity or right to privacy;
4. They will not be defamatory, libelous, unlawfully threatening or unlawfully harassing in their communications with “Smoove” or other Users;
5. They will not be indecent, obscene in their communications with Us or other Users;
6. They will not be seditious, offensive, abusive, liable to incite racial, ethnic or religious hatred, discriminatory, menacing, tortuous, scandalous, inflammatory or blasphemous in their communication with “Smoove” or other Users;
7. They will not constitute and/or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law;
8. They will not spread material that is technically harmful (including, without limitation, computer/ mobile viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data or any other code or files) or other computer programming routines that may damage, detrimentally destroy, limit, interrupt, interfere with, diminish value of, surreptitiously intercept or expropriate the functionality of any system, data or personal information.
9. They will not create liability for “Smoove” or cause to lose (in whole or in part) goodwill or business; and
10. Their communication “Smoove” or other Users will not be in the nature of political campaigning, unsolicited or unauthorized advertising, promotional and/ or commercial solicitation, chain letters, pyramid schemes, mass mailings and/or any form of “spam” or solicitation.

MISCELLANEOUS – Communication and Notices

1. By successfully registering for an Account, Users agree to receive communication from Us on their Registered Phone Number and Registered E-mail ID regarding Our Services. They agree that any communication so received by them from “Smoove” will not amount to spam, unsolicited communication or a violation of their registration.
2. 2. Any notice or notification in relation to these T&Cs which Users wish to make to “Smoove” must be made in writing to:
   Attn: Legal Department, “Smoove”E-mail: [email protected]

MISCELLANEOUS – Indemnification

Users agree to indemnify, defend and hold “Smoove” and/or related parties harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including and without limitation legal fees and expenses, arising out of or related to the use or misuse of Services or any violation of these T&Cs.

MISCELLANEOUS – Governing Law and Dispute Resolution

1. We may elect to resolve any controversy or claim arising out of or relating to these T&Cs by binding arbitration in accordance with the provisions of the Philippines Arbitration Laws applicable. Any such controversy or claim will be arbitrated on an individual basis and will not be consolidated in any arbitration with any claim or controversy of any other party.
2. These T&Cs will be governed by the laws of the Philippines. Subject to the procedure for arbitration, You and “Smoove” agree and undertake that any controversy or claim arising out of or relating to these T&Cs will be subject to arbitration prior to any legal proceedings.

MISCELLANEOUS – Intellectual Property and Proprietary Rights

1. Users acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other applicable laws. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. Any unauthorized commercial use of the Service or the resale of its services or the copying or reproduction of the Software to any other server or location for further reproduction or redistribution is expressly prohibited and may result in severe civil and criminal penalties.
2. Users further acknowledge that they will not (nor will users allow any third party to) copy, modify, de-compile, translate, create a derivative work of, reverse engineer, reverse assemble the Software or otherwise attempt to discover any source code, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by “Smoove”  for use in accessing the Service.

MISCELLANEOUS – No Waiver

1. Our failure, delay or omission to exercise or enforce any rights or provisions of these T&Cs will not constitute a waiver of such rights or provisions. A waiver on any one occasion will not be construed as a bar or waiver of any rights or remedies on future occasions.
2. Users agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the T&Cs must be filed to “Smoove” thirty (30) days after such claim or cause of action arose or be forever barred.

MISCELLANEOUS – Revision of T&Cs

1. These T&Cs may be modified at any time and from time to time, discontinued temporarily or permanently (“Revised”) by Us.
2. You can review the most current version of these T&Cs at any time from our Website.
3. Unless otherwise specified by “Smoove”, Revised T&Cs will take effect automatically and be binding on and from the day they are posted on the Official Website. By continuing to access or use Services, Users will be deemed to have agreed to accept and be bound by such Revised T&Cs. If you do not agree to the Revised T&Cs, Users should discontinue accessing or using Services immediately.
4. If Users avail of any cashback or bonuses offered by “Smoove”, certain terms and conditions specific to the cashback or bonus offer availed of by them will apply in addition to these T&Cs. We reserve the right to revise, amend or discontinue at our own will any cashback or bonus offers made by “Smoove”. Users agree and acknowledge that they will not be entitled to make any claim against “Smoove” in relation to a cashback or bonus offer.

MISCELLANEOUS – Revision of T&Cs

If Users are not satisfied with the quality of service(s) offered, please contact Our Customer Care at “Smoove” “Contact us”

MISCELLANEOUS – Severability

If any part of these T&Cs is determined to be invalid or unenforceable pursuant to applicable laws then the invalid or unenforceable provisions will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these T&Cs will continue in effect.