Welcome to GCash. Please read these terms and conditions (“Terms” or “Agreement”) before completing the registration for an account with GCash. The following Terms shall govern how you may access and use the products of GCash, the GCash Card, GCash Website, GCash App, and all other associated services (individually, “GCash Service” or collectively, “GCash Services”). By registering to GCash or using the GCash App, you accept and agree to be legally bound by these Terms and the terms of each GCash Service you are availing.
Please also read the Privacy Notice of GCash and Acceptable Use Policy before using any or a portion of the GCash Services. The Privacy Notice describes the purpose and manner of collection, processing, and sharing of your personal data when using the GCash Services, while the Acceptable Use Policy defines the set of rules for your compliance when using the GCash App. If you do not understand or do not wish to be bound by these Terms, the Privacy Notice, or the Acceptable Use Policy, you cannot access or use any of the GCash Services. Further, you acknowledge that you have fully understood and agree to be governed by the rules and regulations of each of the GCash Services you are availing.
These Terms shall be effective, valid, and binding from the time of your agreement, which is from the time of your download, activation, or use of GCash and will exist up to the time that it is terminated by you or us, save for those terms and conditions that will survive and remain effective after termination as stated in these Terms, pursuant to law or regulation, or whose operation necessarily requires survival after the termination.
GCash reserves the right to modify these Terms at any time. If there will be a material change to these Terms, GCash will provide you with 60 days advance notice or any such period as may be required by applicable laws, prior to such change taking effect. Change is considered “material” if there is significant alteration or modification in relation to your use of the GCash App as may be required by our regulators or applicable laws. You signify your acceptance of the modified Terms if you continue accessing or using the GCash App after you have been notified of such changes.
Any version of these Terms in a language other than English is provided for convenience, and you understand and agree that the English language version will control in case of any conflict in translation or meaning.
Under these Terms, the terms “GXI”, “GCash”, “GCash Group”, “we”, “us”, and “our” refer to G-Xchange, Inc. (GXI) including its directors, officers, employees, representatives, partners, service providers, affiliates, successor and assigns. “User”, “you”, and “your” refer to the individual who uses the GCash App and registers for, and avails of the GCash Services, and/or the GCash Card.
GCash is duly registered with and licensed by the Bangko Sentral ng Pilipinas (BSP).
1. BASIC TERMS
1.1 You must be at least eighteen (18) years of age to register for a GCash account. By registering, you represent and warrant that you are at least eighteen (18) years of age and have the legal capacity to agree with these Terms.
If you are below eighteen (18) years old, but above six (6) years old (“Minor”), parental consent or legal guardian consent will be required of you and your use of GCash would be governed by, and subject to, the terms and conditions of GCash Junior. Further, however, even with parental consent or legal guardian consent, your parent(s) or legal guardian shall remain to be the owner of the GCash Junior account, and shall comply and be bound by these Terms and the laws applying to Minors, including Republic Act No. 11930 otherwise known as Anti-Online Sexual Abuse or Exploitation of Children (OSAEC) and Anti-Child Sexual Abuse or Exploitation Materials (CSAEM) Act. Upon reaching the age of emancipation (18 years old), you will be given access to all GCash services and you acknowledge that these Terms shall be binding to you for as long as your GCash Account remains active and subsisting.
Those ages six (6) years old and below are not allowed to register and use any of the GCash Services.
GCash assumes no responsibility or liability for any misrepresentation of your age.
By registering, you represent and warrant that you are of legal age as specified above, a Filipino citizen, and have the legal capacity to agree with these Terms.
1.2 If GCash Services are for the use and for the benefit of a business entity, you represent, warrant, and covenant that you are duly authorized to do business on behalf of the business entity, and that your officers, employees, representative, and agents accessing or using GCash Services are duly authorized to access and use any of the said services and to legally bind you and/or your business entity to these Terms and all transactions conducted under your Username and password.
1.3 You can access and link your GCash Account to a maximum of 2 mobile devices and nominate one as your primary device. Should you link a third device, one of the first 2 devices must be unlinked.
2. REGISTRATION FOR GCASH WALLET
2.1 When you accept these Terms, you are setting up your GCash Wallet that is associated with your mobile number. Depending on the specific GCash Service that you are availing, you will be asked to provide information such as your complete name, present and/or permanent address, date of birth, nationality, source of funds, employment data, photo of yourself, and signature in accordance with the KYC requirements of the BSP. We may also verify your registration information through a third-party verification partner/service provider, as we may deem necessary. In some cases, we may also ask you to provide additional details or information that can aid in verifying your identity.
2.2 You agree to provide all necessary information and render all reasonable assistance and cooperation that we may require to complete the verification process. The information you will provide will be used to determine if you are eligible to use any of the GCash Services. We reserve the right to suspend, deactivate, or limit your access to your GCash Wallet and/or GCash Service if we are unable to obtain or verify your information. We will process your personal data in accordance with the requirements of the Data Privacy Act of 2012, its implementing rules and regulations, and the issuances of the National Privacy Commission (NPC). To know more about how we process your personal information and protect your privacy, please read the Privacy Notice of GCash.
2.3 You are responsible for providing accurate registration information, keeping your registration information up to date, and notifying us in the event of any changes to the same. In addition, as new GCash Services may become available or be offered on a select or promotional basis, supplementary information may be required from your end to enable or avail of the pertinent GCash Services.
2.4 You represent and warrant that:
2.5 For Globe and TM SIMs and subscribers, the registration process may also be done via USSD (by dialing *143#).
2.6 You have the option to obtain the GCash Card and link it with your GCash Wallet. GCash will store in its system all information relating to your GCash Card, including but not limited to your transaction details. The GCash Card is only available for Philippine-GCash registered users.
“Biller” shall refer to the utility company and the like, accredited by GCash to accept bills payment using GCash App.
“Biometric” shall refer to the User’s measurement and analysis of unique physical or behavioral characteristics (such as the face, fingerprint, or voice patterns), especially as a means of verifying personal identity.
“Cash-in” shall refer to the process of loading cash into the GCash Wallet.
“Cash-out” shall refer to the process of withdrawal of cash from GCash Wallet.
“Claim(s)” shall refer to all kinds of claims, demands, losses, costs, expenses, damages, or liabilities of any kind, suits, actions, assessments, judgments, payments, fines, interest, penalties, and other charges, including all reasonable attorneys’ fees and costs of investigation, litigation, settlement, or judgment.
“GCash” shall also refer to a form of electronic money (“e-money”) that allow Users who registered to GCash Service to easily and conveniently send and receive cash as well as make payments electronically.
“GCash Accredited Merchant” shall refer to an establishment that accepts either GCash or GCash Card or both as payment for the purchase of goods and services.
“GCash App” shall refer to the GCash Service application running on mobile devices where the User can avail of the GCash Service or make use of the GCash Wallet.
“GCash Card” or “Card” shall refer to a prepaid card linked to a GCash Wallet which can be used for online purchases, Point-Of-Sale (“POS”) purchases, and Automated Teller Machine (ATM) cash withdrawals. The card is also accepted by accredited merchants worldwide.
“GCash Group” shall refer to (i) GXI, (ii) its affiliates and subsidiaries, including Globe Fintech Innovations, Inc., and Fuse Lending, Inc.; (iii) GXI’s business partners, service providers, and other third-party partners contracted by it to conduct its business operations; and (iv) their respective shareholders, directors, officers, employees, agents, representatives, assigns, and anyone acting under their direction or in their behalf.
“GCash Partner Outlet” or “GPO” shall refer to establishments authorized by GCash to accept Cash-in and Cash-out transactions.
“GCash Wallet” or “GCash Account” shall refer to an e-money instrument that stores Philippine Peso (₱) value which resides in the GCash system. It is an account that is linked to the User’s mobile Subscriber Identity Module (“SIM”) card and which may or may not be evidenced by a physical GCash Card. Functionalities include but are not limited to, transfer of funds, payments of goods and services, over-the-air reload of airtime, and balance inquiry. Your GCash Wallet or GCash Account is not a multicurrency wallet and account, which means it can only receive, transfer, or process transactions using Philippine Peso (₱) currency.
“GCash Overseas” shall refer to the GCash Service that allows Filipinos to register for a GCash Account that is created outside of the Philippines using a non-Philippine SIM.
“GCash Overseas User” shall refer to Filipino citizens residing outside of the Philippines with a fully-verified GCash Overseas account.
“GCash Website” shall be used to officially represent GCash on the internet, where visitors may register to create an account. Users are also provided with information about products and services.
“Know Your Customer” or “KYC” shall refer to the process of establishing the identity of the User as required by the BSP, also known as Customer Verification.
“Mobile Personal Identification Number” or “MPIN” shall refer to the four (4)-digit security personal identification number of, and nominated by, the User that is used for all GCash transactions. It is also used for both POS and ATM transactions.
“One Time Pin” or “OTP” shall mean an automatically generated numeric or alphanumeric string of characters that is sent to the registered mobile number of the user to authenticate a certain transaction or login session.
“Personal QR/P2P QR / Transfer QR” shall refer to a specific QR code associated with the GCash Account that allows Send Money transactions.
“Peer-to-Peer/Person-to-Person (P2P) Express Send” shall refer to the existing send money service which allows a GCash Sender to send money to a GCash Receiver.
“Short Message Service” or “SMS” shall mean a communications protocol allowing the interchange of short text messages between mobile telephone devices. This includes the SMS or E-receipt sent to User’s GCash App inbox.
“Unstructured Supplementary Service Data” or “USSD” shall mean the protocol used by telecommunications companies to communicate with the service provider’s computers.
“Unauthorized Transaction” shall mean when an account is compromised without providing any confidential information (answers to security questions, MPIN, and/or OTP) that may lead to the access of a User’s account.
4. ACCOUNT SECURITY
4.1 You shall keep your MPIN, GCash Card number, OTP, and other GCash Account data confidential and secure at all times. These shall not be disclosed to anyone. You shall be responsible for the security of your GCash Wallet and/or GCash Card, the SIM, and your MPIN. All transactions made using the GCash Wallet or Card are conclusively presumed made by you, and you shall be liable therefor.
4.2 You agree to assume full responsibility and liability for all transactions made in your GCash Account. You acknowledge and agree that your MPIN is known only to you and as such, any transaction using your MPIN and/or OTP shall be presumed to be done by you.
4.3 You agree that GCash, at its sole discretion, is entitled to act on the instructions received from you through the GCash App or web facility after the entry of your MPIN or Biometric authentication. You shall hold GCash free and harmless from any Claims arising from the use of your MPIN or OTP, unless such Claims are due to the gross negligence of GCash.
4.4 The security and proper care of the GCash Account, SIM/ GCash Card, as well as the confidentiality of your MPIN and OTP shall be your sole responsibility.
4.5 In case of loss of mobile phone, SIM, or GCash Card, you shall immediately inform GCash by submitting a ticket through the GCash Help Center (“Help Center”), or by calling GCash’s 2882 hotline (“Hotline”) the moment you have discovered such loss. You agree that GCash shall temporarily deactivate your GCash Wallet and/or GCash Card until you request activation. All transactions made using your GCash App, GCash Wallet, and GCash Card prior to the report of the loss shall continue to be the liability of the User. You shall hold GCash free and harmless from any Claims arising from the loss of your mobile phone, SIM, or GCash Card.
5. GCASH WALLET
The GCash Wallet is a reloadable e-money instrument. It is not a deposit account, and it is not covered by the Philippine Deposit Insurance Corporation (PDIC). It does not earn interest. However, it is subject to the rules and regulations of the BSP, the Anti-Money Laundering Act (AMLA), as amended, and the Data Privacy Act of 2012, its implementing rules and regulations, and other related laws, rules, and regulations. The value loaded in your GCash Wallet may be used to transfer or send money between GCash Wallets via Peer-to-Peer/Person-to-Person (P2P) Express Send or Personal QR/P2P QR/Transfer QR, and purchase goods and services via (a) quick-response or “QR” code scan payment method through the GCash App, or (b) POS/offline or online payment system through the use of the GCash Card.
6. GCASH WALLET SEND MONEY FEATURES
You can send or transfer money from your GCash Wallet to third parties using your GCash Account through the following send money features:
Express Send is a send money feature that allows fully verified users to send money to another GCash user. If you are a GCash Overseas user, the Express Send feature only allows sending to users with a fully verified Philippines-based GCash account.
Personal QR is an additional option available when you use the Express Send feature. Instead of inputting a mobile number, you may scan or import a Personal QR code. For GCash Overseas Users, the Personal QR feature only allows sending to users with a fully verified Philippines-based GCash account.
Send with A Clip is a feature for fully verified users that enhances your send-money experience by enabling you to attach themes, images, audio, and video.
Send Gift (Depending on the season, the service may appear as Send Ang Pao, Send Love, or Send Pamasko) is a feature for fully verified users that will allow you to send money to multiple recipients and attach a theme.
KKB - This product aims to translate an already existing real-life scenario of splitting a bill, payable, or utility payment among friends into a digital service and/or functionality on the GCash App. This should be able to provide the core functions for doing KKB such as computing the total bill, splitting and assigning the payables, request and settling payments between peers.
Request Money is a feature that allows fully verified users to request money from their friends or loved ones who are also GCash users.
Send Money to Bank (Bank Transfer) is a feature that allows you to transfer funds from your GCash Wallet to partner banks or other e-money issuers. For the transfer of funds to partner banks, you may transfer funds immediately by providing the account details and completing the fund transfer transaction, or you may opt to transfer funds, at a later date, or on a regular scheduled date through GCash’s scheduled fund transfer feature. You can save the bank account details (i.e. account number, transfer date, and amount to be transferred) and GCash will auto-deduct such amount and transfer funds to your nominated bank account on the schedule you have set for the fund transfer. Your GCash Wallet must be sufficiently funded on the scheduled date of transfer. This feature is available to GCash Overseas Users.
Domestic Remittance (GCash Padala) is a feature that enables fully verified users to send money to non-GCash users. To receive money, the recipient must register via the GCash App or receive the money through any participating GCash partner outlet.
7. CASH-IN AND CASH-OUT
You may Cash-in Philippine Peso (₱) value into your GCash Wallet through the following means:
(a) through mobile banking service which allows you to transfer Philippine Peso (₱) amount from your qualified bank account into your GCash Wallet;
(b) through GCash Pera Outlet (“GPO”) where you may personally hand over Philippine Peso (₱) cash (bills/coins) for the amount to be cashed into your GCash Wallet; or
(c) Phone-to-Phone/Person-to-Person transfer which allows you to transfer Philippine Peso (₱) amount from your GCash Wallet to another GCash Wallet.
You may Cash-out your GCash funds to Philippine Peso (₱) by:
(a) using your GCash Card through participating ATMs subject to applicable bank charges; or
(b) through any GPO subject to minimum and maximum Cash-out amount limits as may be imposed by GCash.
For GCash Overseas Users, you may cash in via GCash’s global partners. If you are a GCash Overseas User, you may link your GCash Account with partner banks and financial institutions and withdraw funds from such accounts through the GCash App.
8. TRANSACTIONS WITH MERCHANTS
For online purchases, diligence is expected of the User to only transact with reputable merchants. You acknowledge and agree that your online purchases are made at your own risk. GCash makes no representations or warranties of any kind, express or implied: (i) about the quality, quantity, completeness, fitness for a particular purpose, and/or results of the merchants’ products or services paid for by the User through GCash or made accessible by GCash to the Users through the GCash App; (ii) on how you will receive the products and/or services that you purchased from the merchant; or (iii) for any remedies on undelivered products and services, or any defects, damages, and after-sales services. Transactions you have with a merchant shall be subject to such merchant’s terms and conditions, including terms and processes for purchase, return, and refund.
You may agree with a merchant to use GCash as the payment channel for future purchases with that merchant. This agreement is between you and the merchant and allows the merchant to take funds from your GCash Account with your authorization on a one-time, regular, or sporadic basis. Examples of automatic payments that can be arranged by you either with a merchant or with GCash include those that GCash calls a "billing agreement," "subscription," "recurring payment," "reference transaction," "pre-authorized debit", "preauthorized transfer" or "preapproved payment."
You may cancel an automatic payment up to two (2) business days before the date of the next scheduled payment from your account settings or by contacting the merchant directly. Once an automatic payment is canceled, all future automatic payments under your agreement with that merchant will be stopped. If you cancel an automatic payment, you may still owe the merchant funds for the purchase of their products or services or have additional obligations to the merchant for any products or services that you received but have not paid for and you may be required to pay the merchant through alternative means.
You acknowledge that GCash is not involved in any of your transactions with the merchants, and is only used as a payment channel or a platform such that merchants’ products or services are accessible to Users through the GCash App. You further acknowledge that GCash does not represent any merchant. As such, GCash is not responsible and liable for the acts and/or omissions of the merchants and any liability arising from your transaction with the merchants. You shall therefore indemnify, defend, and hold GCash Group harmless from any Claims arising from your transactions with merchants using the GCash App.
9. PAY BILLS
Payment of bills does not require a printed receipt from the biller. GCash shall be affiliating billers to accept payments via the “Pay Bills” menu. For this transaction, the User selects the biller to be paid, and inputs payment details and the amount to be paid. Once the details are inputted, the User shall be directed to a summary page with the payment details for User’s confirmation. An SMS/E-receipt will be sent to your GCash Account which confirms the payment transaction.
The use of your MPIN upon log-in to GCash Account shall be sufficient evidence that you have authorized the payment transactions. The transaction reference no. in the SMS/E-receipt shall be your proof of payment to the biller.
Erroneous transactions shall be deemed successful and shall follow a “No Refund” policy if the erroneous transaction, after investigation by GCash, is proven to be due to the User’s mistake or error (e.g. input of wrong recipient details or wrong biller). The result of GCash’s investigation shall be final and conclusive.
You may opt to pay your bills immediately, at a later date, or on a regular scheduled date through GCash’s scheduled bills pay feature. You can save biller details (i.e. account number, due date, and amount due) and GCash will auto-deduct such amount and remit your payment to your nominated biller on the schedule you have set for payment. Your GCash Wallet must be sufficiently funded on the scheduled date of payment. The Bills Pay feature is available to GCash Overseas Users.
10. PINOY CHANNEL
Pinoy Channel is a feature that allows GCash Overseas Users to access the mini program platform of GCash’s partner merchants within the GCash App. With Pinoy Channel, Users will be able to access, register and sign in, transact, and pay partner merchants using GCash. Payment of Users for the transactions with their partner merchants will be deducted from the User’s GCash Wallet.
11. AIRTIME LOAD AND MICROPAYMENTS
Loading of airtime credits and/or payment of products and services to GCash-accredited merchants using funds from a GCash Wallet shall be available via keyword-based commands or menu-based transactions. This feature is also available to GCash Overseas Users.
For USSD, the SMS sent to the User shall be sufficient evidence that the User authorized the transaction and therefore, cannot be disputed by the User. The same rule shall apply for menu-based transactions, once the User keys in his MPIN. In both cases, the transaction reference number in the SMS/E-receipt confirmation shall be the User’s proof of payment.
12. TRANSACTION AND WALLET LIMIT
User’s GCash Wallet is subject to transaction and/or GCash Wallet limits (“Limits”). The Limits are applied on a per User basis and not on a per-wallet basis. If a User has multiple GCash Wallets under his name, Limits shall be shared across all the GCash Wallets linked to the User’s profile.
GCash will generate your GScore to determine your eligibility to avail yourself of the wide range of GCash Services. To know more about GScore, please read the GScore FAQs
14. ACTIVATION AND DEACTIVATION OF GCASH WALLET/CARD FEATURES
GCash has the prerogative to activate or deactivate GCash Wallet features whenever it deems appropriate and necessary. Reactivation may be done upon the request of the User and approval of GCash. GCash may charge a fee upon reactivation of some of GCash Wallet features.
All fully verified KYC’d Users, excluding GCash Overseas Users, postpaid or prepaid, are qualified to apply for a GCash Card, subject to the terms and conditions for the use of the Card, as may be modified by GCash from time to time.
A User can have more than one GCash Wallet registered under his name. However, only a maximum of three (3) GCash Cards can be linked to a GCash Wallet.
Any person without legal impediment may apply for a GCash Card. Minors who are at least seven (7) years old may apply for GCash Card through their parent or guardian, and such Card shall remain under the exclusive control of the parent or guardian until the minor reaches the age of majority in which case, exclusive control passes to the latter.
Any GCash Card issued to the User is non-transferable. GCash may suspend or terminate the use of the GCash Card for whatever reason it deems fit. The User agrees to surrender the GCash Card upon demand by GCash. In the event of any suspension, termination, or confiscation of the GCash Card, the User agrees to hold GCash Group free and harmless from any Claims arising from such suspension, termination, or confiscation, unless the Claims are proven to be due to GCash’s gross negligence.
In the event of any unauthorized use of the GCash Card, GCash Group shall not be liable for any inconvenience or damage caused to the User, unless the unauthorized use of the GCash Card is proven to be due to GCash’s gross negligence.
15. LOYALTY OR REWARDS PROGRAM
GCash may and has the prerogative to provide a loyalty or rewards program to its select users.
16. FEES, RATES, AND OTHER CHARGES
The User shall pay a fee for the GCash Card application or renewal, if any. GCash may waive such fees at its sole discretion and for whatever reason. The User agrees to pay other fees and charges related to his GCash Wallet/Card and its use, as may be imposed by GCash, such as but not limited to, ATM Withdrawal, Cash-in, and Cash-out fees. You will be notified of the applicable fees and charges prior to completing a transaction and such fees and charges shall be debited from your GCash Wallet or you may opt to pay it upfront. You authorize GCash to debit from your GCash Wallet the fees and charges corresponding to the use of the GCash Card and/or GCash Services you have availed of.
GCash may charge dormancy maintenance fees (“Dormancy Fee”) to GCash Wallets that have not been used for any monetary transaction at least six (6) months from the date of the last transaction but with available balance in the GCash Wallet. GCash will provide thirty (30) days prior notice to the User if it will impose a Dormancy Fee and the amount of such fee. The Dormancy Fee may be automatically debited from the GCash Wallet.
GCash Wallets with zero balance and have been inactive for six (6) months shall be automatically deactivated without further notice. To know more about GCash fees, please visit our Help Center.
17. TRANSACTION HISTORY SETTLEMENT
Upon the User’s request, GCash shall send a copy of the GCash transaction history statement (“Statement”) via the registered email address of the User. The mere act of GCash in sending the statement to the registered email address of the User is a conclusive presumption that the User has received the same. GCash Group shall be held free and harmless from any Claims should the Statement be received and read by any person other than the User. Neither may User thereafter raise the defense that he failed to receive the Statement. In all instances, the User may inquire about the Statement by contacting the Help Center or the Hotline. GCash may charge a fee for Statement requests.
18. DISPUTES AND ERRONEOUS TRANSACTIONS
The details in the SMS/E-receipt in the GCash App after every successful transaction and the entries in the Statement are presumed accurate unless the User notifies GCash in writing of any dispute it may have thereto within fifteen (15) days from the date of transaction. If no dispute is reported within the said period, all transactions and the entries in the Statement are considered conclusive and accurate. Disputed transactions shall only be credited back to the User’s GCash Wallet once the dispute has been properly processed, investigated, and proven to be in favor of the User. On the other hand, there shall be no reversals for transactions made through key-word based commands and erroneous transactions made by the User.
In case of errors or questions about your transactions, you shall inform GCash through the Help Center or the Hotline within fifteen (15) business days from the date of the transaction. In such a case, You allow GCash to conduct an investigation within ten (10) to forty-five (45) business days from receipt of your notice. "Error" means an incident in which your GCash Wallet is mistakenly debited or credited, or when a transaction is incorrectly recorded in your GCash account.
19. PHONE AND GCASH WALLET /CARD SECURITY
The User shall be responsible for the security of the GCash Wallet/Card, the enabled phone’s SIM, and his MPIN. All transactions made using the GCash Wallet/Card are conclusively presumed made by the User and the User shall be liable therefore.
20. LOSS OF GCASH REGISTERED SIM/CARD
The security and proper care of the GCash registered SIM/GCash Card, as well as the confidentiality of MPIN, shall be the User’s responsibility.
In case of loss of GCash registered SIM/GCash Card, the User shall immediately inform GCash through the Help Center or the Hotline within twenty-four (24) hours from the discovery of such loss. Suspension of the GCash Wallet and/or Card due to reported loss shall be processed by GCash only upon proper verification of the phone call or written report/affidavit, as the case may be. All transactions made prior to the report of the loss shall continue to be the liability of the User. GCash may issue a replacement Card upon the request of the User and at its cost.
21. SUSPENSION OR DEACTIVATION OF GCASH ACCOUNT OR CARD
You acknowledge that, in the following cases, GCash has the right to suspend or deactivate your GCash Account and/or Card depending on the ground for suspension or deactivation:
You further acknowledge that GCash has the absolute discretion and for whatever reason to:
GCash has the right to hold the release of the funds in your GCash Wallet if the same is subject to an investigation or claim until the matter is resolved.
In the event that your GCash Account has been deactivated for whatever reason and you request for account recovery or reactivation, you agree that you will comply with the account recovery or reactivation requirements of GCash. GCash, at its discretion, may reject or allow such requests depending on the facts and circumstances, including the reason for the deactivation of your GCash Account.
The User shall hold GCash Group free and harmless from any Claims arising from this section unless such Claims are proven to be due to the fault or gross negligence of GCash Group.
22. LIMITS ON LIABILITY
GCash makes no warranty, express or implied, regarding GCash Services.
The GCash Services are offered on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, other than warranties that are incapable of exclusion, waiver, or limitation under the applicable laws. Without limiting the generality of the foregoing, GCash makes no warranty: (1) as to the quality or accuracy of transactional data or information received or transmitted using the GCash App; (2) as to any product or service obtained using the GCash App; (3) that the GCash products or services will be uninterrupted or error-free; or (4) that any particular result or information will be obtained.
GCash shall not be liable for any Claims arising from, in connection with, or as a result of any acts or circumstances that are beyond its control, including:
You agree that in the event of any dispute or Claim arising from these Terms due to GXI Group’s fault, gross negligence, or willful misconduct, the sole and exclusive remedy available to the User and the liability of GXI Group shall be the award and the amount of actual damages as determined and granted by a court of competent jurisdiction.
23. FRAUDULENT OR SUSPICIOUS TRANSACTIONS
Without need of a court order or prior notice to the User, GCash has the right to suspend or deactivate your GCash Account and/or Card in the event that GCash has reason to believe that your GCash Account is or may be used for fraudulent or suspicious transactions or by an unauthorized person.
Subject to GCash’s investigation of any claim, GCash has the right to debit from your GCash Account any and all amounts representing, involving, or relating to the proceeds of a fraudulent or unlawful activity, which GCash shall credit to the defrauded or otherwise injured Users.
The User shall hold GCash Group free and harmless from any and all Claims arising from this section unless the User has proven GCash’s fault or negligence.
The GCash Wallet and Card may not be assigned, transferred, or used by any person other than the User.
25. DATA PRIVACY
To know more about how we collect, process, share, and protect your personal data when using the GCash Services, please read our Privacy Notice.
26. GOVERNING LAW AND VENUE OF LITIGATION
This Agreement shall be construed, interpreted, and governed by Philippine laws. Venue of all suits or legal actions in connection with this Agreement shall exclusively either be at Taguig City, or at any venue at the sole discretion of GCash, to the exclusion of all other venues.
27. NON-WAIVER OF RIGHTS
Failure or delay on the part of the GCash Group or User to exercise its rights or remedies under these Terms and applicable laws shall not operate as a waiver of the same.
28. SEPARABILITY CLAUSE
Should any of the Terms of this Agreement be rendered void, illegal, or unenforceable in any respect under any law, the validity, legality, and enforceability of the remaining Terms shall not be affected nor impaired thereby.
You agree to be bound by the Terms governing the issuance and use of the GCash Wallet and Card upon your signing on the signature panel at the back of the Card and/or downloading or activating or using GCash Wallet. Should you disagree with these Terms, you shall cut the GCash Card in half, and call or provide GCash with a written notice of cancellation through the Help Center or the Hotline, otherwise, you shall continue to be liable for all charges incurred through the use of the GCash Wallet or Card.
Consent given by the User to a subsidiary or affiliate of GCash for any of GCash Services involving the use, processing, and/or disclosure of the User’s GCash Account information shall be deemed to be consent given to GCash.
31. CUSTOMER COMPLAINTS HANDLING PROCESS
GCash is committed to maintaining the highest standards of financial consumer protection. Your requests, feedback, and customer needs are our priority. If you have any concerns about a procedure or have encountered a problem with our service, including lost or stolen E-Money, visit the GCash Help Center and use the Help Feature (Live Chat) or submit a ticket. All information disclosed shall be treated with the utmost confidentiality and will be resolved in the most efficient and effective manner.
GCash maintains full cooperation with the BSP in Financial Consumer Protection. You may coordinate with BSP’s Financial Consumer Protection Department at (632) 8708.7087 or (632) 8708.7088). You may also email BSP at email@example.com.
32. GCASH CUSTOMER PROTECT PROGRAM
GCash Customer Protect Program (“Program”) is our assurance that funds lost due to unauthorized transactions made from your GCash Account may be recovered subject to the Terms set forth herein.
You have the obligation to ensure the safety of your GCash Account. However, when an unauthorized transaction occurs in your GCash Account or Card not attributable to your fault or negligence, GCash may provide compensation for eligible Unauthorized Transactions. An “Unauthorized Transaction” occurs when your GCash Account is compromised without disclosure of any of your confidential information (e.g. answers to security questions, MPIN, and/or OTP) and without your fault or negligence that led to unauthorized individuals accessing or using your GCash Account.
If you believe that an Unauthorized Transaction has occurred in your GCash Account, immediately notify GCash through the Help Center or the Hotline. Our customer care agents will guide you in filing a dispute.
To be eligible for the Program, Unauthorized Transactions must be reported within fifteen (15) days from the occurrence or discovery of the Unauthorized Transaction, whichever is earlier. GCash reserves the right to refuse acceptance of the claim for compensation if the disputed transaction was reported beyond the 15-day prescribed period.
In order to initiate the investigation and process the claim, you must provide the information and documents requested by GCash, which may include the following:
Once GCash is notified with the complete information of the claim, and the duly filled out dispute form is received, GCash will conduct an investigation to determine and validate the claim.
The Program will only cover Unauthorized Transactions initiated and completed in the GCash App and GCash Card.
For stolen Cards and mobile phones, the User must report the same to GCash through the Help Center or the Hotline and request blocking of the GCash Account and Card within twenty-four (24) hours from the occurrence or discovery thereof, whichever is earlier.
Losses and liabilities due to security breaches and system failures without fault or negligence of the User will be settled on a case-to-case basis depending on the circumstances that resulted in such security breach or system failure and at the sole discretion of GCash. The User acknowledges that it shall be accountable and liable for Losses and liabilities due to security breaches or system failures arising from the User’s fault or negligence.
33. SCOPE OF THE CUSTOMER PROTECT PROGRAM
Depending on the result of the investigation, the User may be compensated by GCash for the Unauthorized Transaction if the root cause thereof is due to the fault or negligence of GCash.
The Program will not apply to the following:
1. THE GCASH SERVICES
You agree to NOT:
1.1 incorporate any word in your name, message identification, or custom user title that is defamatory, obscene, profane, or fictitious or which violates any trademark, service mark, or other intellectual property rights of any third party, including that of GCash. You likewise agree not to use any trademark, trade name, service mark, or logo in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names, or logo;
1.2. alter, modify, or cause the alteration or modification of the GCash Services. You further agree not to use the GCash Services for any commercial use, without prior written authority from GCash;
1.3. use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic devices, programs, algorithms, or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any part of the GCash Services, or in any way reproduce or circumvent its navigational structure or presentation, as well as to obtain or attempt to obtain any material, document or information through any means not purposely made available through the GCash Services;
1.4. gain or attempt to gain unauthorized access to any part or feature of the GCash Services or to any other system or network connected to the GCash Services. You also agree not to gather, harvest, or otherwise collect information about others using the GCash Services without their explicit informed consent; nor restrict, prevent, or prohibit any other party from using the GCash Services, including but not limited to such actions which may tend to discourage others from using the GCash Services, such as stalking, flaming or the lashing out at other parties, spamming or the sending of unsolicited information, advertisement or content, flooding or the sending of the repetitive message, trolling or the use of insulting or deliberately divisive information, material or content, other forms of annoyances, and other acts or instances analogous to the foregoing with implications and effects similar to, or comparable with, what this clause aims to avoid or prevent;
1.5. circumvent, disable, or otherwise interfere with security-related features of the GCash Services, including those that prevent or restrict the use or copying of any content, material, or information available on or through the GCash Services, as well as those that enforce limitations on the use of the GCash Services;
1.6. probe, scan, or test the vulnerability of the GCash Services or any network connected to it, and breach the security or authentication measures on the same. You agree not to reverse look-up, trace or seek to trace any information on any user of or visitor to the GCash Services, or any other customer of GCash including any account maintained with the GCash Services not owned by you, to its source, or exploit the GCash Services or any information made available or offered by or through the GCash Services, in any way where the purpose is to reveal any information, including but not limited to personal identification, other than your own information;
1.7. use or access the GCash Services for your information and personal use, solely as intended, and not for business through the provided functionality of the GCash Services. You agree not to copy or download any material or content from or through the GCash Services unless such copying or downloading is explicitly allowed by a visible manifestation thereof such as a “download” button or a similar link ostensibly displayed. You further agree not to engage or attempt to engage in the use, copying, transmission, broadcast, display, distribution or sale of any of the contents, material, or information available on or through the GCash Services, including user comments and the like, other than as expressly permitted herein, or as explicitly indicated in the GCash Services, including use thereof for commercial purposes;
1.8. take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the GCash Services or its systems or networks, or any systems or networks connected to the GCash Services;
1.9. use any device or routine to interfere or attempt to interfere with the proper working of the GCash Services or any transaction being conducted using the GCash Services, or with any other person’s use of the GCash Services. You agree that you will not engage in any activity that interferes with or disrupts the GCash Services or the servers and networks which are connected to the GCash Services;
1.10. use the GCash Services for any purpose that is illegal, unlawful, or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes on the rights of GCash or others. You further agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on any content, material, or information, either in whole or in part, available on or through the GCash Services unless you have been specifically permitted to do so by GCash or by the owner of that content, material or information in a separate written agreement.
1.11. Assign and/or transfer your GCash account to any other person.
2. GCASH USER CONSENT
2.1. to undertake the sole responsibility and hold GCash Group free and harmless of any Claims from you or any third party, for any User content that you create, upload, transmit, or display while using the GCash Services. You agree and hereby undertake sole responsibility for the consequences of your actions and interactions using the GCash Services, and hereby stipulate admission of liability to GCash for whatever loss or damage GCash may suffer as a consequence of your use or misuse of the GCash Services, including liability for damaged, lost, malfunctioned, or compromised e-wallet instrument or value, and fraudulent transaction;
2.2. not to share, create, upload, transmit, or display using the GCash Services any material, information, or User Content which is or may be covered by copyright, patent, trade secret, trademark, trade name, service mark, or any property rights, including privacy and/or publicity rights, unless you have the necessary licenses, rights, consents, and permissions to use and to authorize GCash to use any and/or all User Content that you create, upload, transmit, or display using the GCash Services;
2.3. not to use a fictitious name and concealing true name for the purpose of concealing a crime, evading the execution of a judgment, or causing damage;
2.4. not to share, create, upload, transmit, or display using the GCash Services any material, information, or User Content which: infringes on the intellectual property, privacy, and/or publicity rights of any third party; is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, indecent, pornographic, profane, threatening, racist, gruesome, offensive to public morals, invasive of another’s privacy, or otherwise violative of any rule, regulation, or the law; contains any viruses, Trojan horses, worms, time bombs, bots, ransomware, any malware, applications, or any computer programs, code, or routine that may or is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any GCash system, data or personal information; which promotes or abets piracy; or could be a cause of cybersecurity attacks and breaches. You further agree not to engage in the pyramid, Ponzi, or similar schemes or other damaging schemes in the future; not to start or forward chain letters; and not to conduct or aid in the conduct of surveys, contests, petitions, and the like, using the GCash Services, unless the GCash Services have been specifically designed and explicitly made available for such purpose. You acknowledge and agree that upon detection of any of the foregoing, GCash will take all the measures necessary to protect your GCash Account and the GCash App from any security breaches and cybersecurity attacks;
2.5 where relevant, to store your password on the device and our servers in an encrypted form. This form of encryption disguises your password on the server but still allows us to authenticate you when you sign into the GCash Services. You represent and warrant that:
2.6 you own or that you have the necessary licenses, rights, consents, and permissions to use and to authorize GCash to use, reproduce, adapt, modify, translate, publish, publicly perform, publicly display, distribute, or transmit over public networks and in various media any and/or all User Content that you create, upload, transmit, or display using the GCash Services, as you hereby authorize and grant GCash perpetual, irrevocable, worldwide, royalty-free and non-exclusive right, license, consent and permission to use, reproduce, adapt, modify, translate, publish, publicly perform, publicly display, distribute, or transmit over public networks and in various media any and/or all User Content which you may create, upload, transmit, or display using the GCash Services, in a manner GCash may deem fit and necessary, including but not limited to making such User Content available to a third party in compliance with a requirement of law, a rule or regulation, or making such User Content available to any third party, including GCash affiliates and subsidiaries, for its use, reproduction, adaptation, modification, translation, publication, public performance, public display, distribution or transmission. You agree to hold GCash Group free and harmless from any Claims arising or that may arise out of its use of your User content or the use of your User content by a third party to which GCash made available your User content.
2.7 You shall comply with the applicable provisions of RA 9160, otherwise known as the Anti-Money Laundering Act (AMLA), as amended by RA9194, RA10167, RA10365, RA10928, and RA11521 and its implementing guidelines & RIRRs (Revised Implementing Rules & Regulations). Compliance with RA10168 or The Terrorism Financing Prevention and Suppression Act of 2012 and RA 11479 or the Anti-Terrorism Act of 2020 and RA9372 or the Human Security Act and their respective implementing guidelines is also enjoined and strictly required.
3. THIRD-PARTY CONTENT & SERVICES
3.1. The GCash Services contains content provided by third-party services and resources. You acknowledge and agree that GCash Group is not responsible or liable for the availability or accuracy, appropriateness, completeness, or non-infringement of such third-party services; or the content, products, or services available on or through such third-party services. Unless specified by us, the availability of such third-party services does not imply any endorsement by us of such third-party services or the content, products, or services available therefrom.
3.2 You may not remove, alter or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the application and the GCash Services or in any Third-Party Services.
3.3 GCash makes no representation or warranties whatsoever about any service, content, and/or any other resources provided by the Third Party.
4. RESERVED RIGHTS
We reserve, at our sole discretion but without obligation, the right to:
4.1 deny access to and/or discontinue the GCash Services or any component thereof to anyone at any time, temporarily or permanently, without giving any reason and/or prior notice to you. You hereby irrevocably agree, affirm, and warrant to hold GCash Group free from any Claims arising or that may arise out of any such denial of access to or the discontinuance of the GCash Services;
4.2. collect, screen, review, flag, filter, modify, block, refuse or remove any and/or all information provided by any User, explicitly or implicitly to and through the GCash Services, including but not limited to hardware information, IP address, browser-type related information, cookies and the like. You hereby irrevocably agree, affirm, and warrant to hold GCash Group free and harmless from any Claims arising or that may arise out of such collection, screening, review, flagging, filtering, modification, blocking, refusal, or removal of any and/or all information provided by any User to and through the GCash Services;
4.3 enhance, improve, develop and introduce new features and functionalities to the GCash Services at any time and without prior notice. You hereby understand, agree, and affirm that any such enhancement, improvement, development, new feature, and/or new functionality to the GCash Services shall form part of the GCash Services as defined herein and thus shall likewise be covered by these Terms and its subsequent revisions or amendments, as applicable;
4.4 verify, check, cross-refer, validate, and ascertain the veracity and truthfulness of all information supplied by you by acquiring, accessing, retrieving, or otherwise acquiring similar or additional information supplied by you to other third-party service providers, including, but not limited to telecommunications providers, etc. You hereby expressly, unequivocally, and voluntarily allow GCash to request for and secure such information, and expressly, unequivocally, and voluntarily instruct such third-party providers to (a) receive and process GCash’s request; (b) favorably act at all times on any such request by producing the information requested; and (c) when requested by GCash, provide the latter with certified digital or printed copies of the said information;
4.5. send you or cause to send you service updates and/or messages, including SMS, notifications, email, and/or any data message transmission, informing you of enhancements, improvements, developments, features, functionalities, products, promotions, offers, advertisement and/or any other information relative to the GCash Service. GCash makes no warranty of any kind, express or implied, for such service updates and/or messages, but you hereby agree to receive such service updates and/or messages and hold GCash Group free and harmless from any Claims for indemnification or damages that may arise therefrom;
4.6 set limitations to and charge fees and applicable taxes for the use of the GCash Services, at any time and with prior notice when so required. You further understand and agree that GCash reserves the right, at its sole discretion and under no obligation, to change the applicable fees, taxes, and charges levied for the use of the GCash Services, at any time and with prior written notice to you thirty (30) days prior to the effective date of change in fees/charges/penalties;
4.7. to limit the provision, availability, quantity, and quality of any feature, product, or service to any person or to anyone within the same geographic area, demographic profile, or any other market, commercial, and/or trading segments. You likewise understand and agree that GCash reserves the right, at its sole discretion but without obligation, to administer and operate any and/or all of the GCash Services from any or various locations outside the Republic of the Philippines. You hereby understand, agree, and undertake sole responsibility for your continued access to or use of the GCash Services, as well as the results or consequences of such access and use, including the responsibility for compliance with applicable local laws and the sole liability for non-compliance or breach thereof.
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