TERMS AND CONDITIONS
Last Update: April 04, 2018
These Terms and Conditions shall govern Your use, as an authorized and activated User by Bizmoto, of Bizmoto mobile application and its Bizmoto Services.
Definition of Terms
In these Terms and Conditions:
"Bizmoto Services" refers to electronic mobile services that Bizmoto offers through Bizmoto mobile application, where User can perform various Bizmoto transactions within the Bizmoto Network simply by using their mobile phone wherever they have cellular network coverage.
"Wallet" refers to the account held with Bizmoto in the User's name.
"Mobile Phone" refers to the user’s cellular network phone unit with the user’s subscriber identity module (SIM) card and corresponding 10-digit mobile number assigned to the SIM card.
"Username and Password" refers to the Username and Password nominated by the User or given to the user during the enrollment and activation of the User’s Bizmoto account. The use of Password will also be used to authorize every transaction through Bizmoto Services.
"User and/or Owner" refers to the User who is a member, agent or branch/service center representative of an affiliated company or organization authorized by Bizmoto as part of the Bizmoto Network to access the Bizmoto Services.
"We", "Us", "Our", and "Bizmoto" refer to Bizmoto of the Philippines.
"You" and "Your" refer to the User/Owner of the account.
Access to Bizmoto
You may access Your Bizmoto account through the Bizmoto mobile application using Your Username and Password. Bizmoto Services will be available only for the User account You enrolled and approved by Bizmoto.
Enrollment to Bizmoto
Enrollment into Bizmoto’s Services shall be done by visiting the Bizmoto business center. You must explicitly ask to enroll and provide the necessary and accurate information needed for enrollment. Bizmoto, at its sole discretion, reserves the right to validate the information You provided. Once Your information has been validated, Bizmoto business center shall provide You with your username and password to access Your account and access to Bizmoto Services.
Your account in Bizmoto will remain in full force and effect until we receive from You a written notice of its termination. Your account if dormant or inactive in three straight months from time of activation shall be automatically be terminated by Bizmoto.
Bizmoto service days are Monday through Friday, except holidays. At certain times, Bizmoto may not be available due to system maintenance.
Username and Password
You shall keep Your Username and Password and other account data confidential and secure at all times.
You agree to assume full responsibility and liability for all transactions made in Your account through the use of Your Bizmoto mobile application. It is understood that both the Username and Password are known only to You and as such, any transaction effected using Your Username and Password shall be conclusively presumed to be done by You or authorized by You.
You agree that Bizmoto, at its sole discretion, is entitled to act on the instructions received from You through Bizmoto after the correct entry of Your Username and Password. You further agree that Bizmoto shall not be liable for acting in accordance with or based on requests/instructions received through Bizmoto using Your Username and Password.
As a safety measure, You further agree and undertake to change Your Password from time to time as You deem necessary. If You believe that Your Bizmoto Account, Username and Password have been compromised or breached, You shall notify the Customer Service of Bizmoto immediately and shall give the latter a reasonable period to de-activate Your Bizmoto account. Your current Bizmoto account shall be suspended pending to Bizmoto approval of your new Bizmoto account with new Username and Password.
You must keep Your Username and Password totally confidential and secure at all times and not to reveal it to any third party.
When choosing and changing Your Password, choose a Password which must not relate to any readily accessible data such as Your address, telephone number, driver's license, date of birth etc. and easily guessable combination of numbers. You agree not to let any unauthorized person have access to Your mobile phone or to leave Your mobile phone unattended while accessing Bizmoto Services.
Any discrepancy between the billing amount and the paid amount shall not involve Bizmoto. Instead, the same shall be resolved between You and the payee.
Bizmoto is authorized to disclose to any payee, any matter pertaining to Your account as may be necessary for the operation of Bizmoto services. For this purpose, Bizmoto is hereby held free and harmless from any and all liabilities, claims, demands, suits of whatever nature, arising out of or in connection with such disclosure.
Payment procedures/stipulations imposed by Your payee not inconsistent with any of these terms and conditions or any related documents or instruments shall be incorporated herein and made part of this agreement. Bizmoto shall not be held liable for any adverse actions/consequences instituted by any of Your payee for payments made on overdue or past due accounts, including payments for service disconnection, termination of contract, lapse of policy, and/or the like.
The bills payment arrangement between Bizmoto and any of its affiliated payee may be cancelled at any time by either party without any written prior notice to termination to You.
Upon receipt of Your load request, Bizmoto shall debit Your account for Your load purchase. You understand that all buy load transactions are subject to the availability of telecommunication network connection, electronic load vendor receipt of transaction request and load denomination availability. Bizmoto shall not be liable for any delay in the actual transfer of load to your intended mobile number recipient.
Authority to Bizmoto
Your Bizmoto transactions are permitted through Bizmoto Services only after authentication of Your Username and Password, and Your instructions made after such authentication shall be sufficient authority to Bizmoto for carrying out Bizmoto transactions performed by You through the Bizmoto facility. Bizmoto shall have no obligation to verify the authenticity of any transaction received from You through Bizmoto or purporting to have been sent by You via SMS other than by means of verification of Your Username and Password.
The SMS or email receipt that is sent to Your registered mobile number and email address at the time of operation of the Bizmoto application is merely Your personal record of the operation of the Bizmoto Service and shall not be construed as Bizmoto's record of the relative transactions. In case of discrepancies, Bizmoto's own record of transactions maintained through computer systems or otherwise shall be accepted as conclusive and binding for all purposes unless any discrepancy is pointed out within a week from the date of sending the periodical statement to You.
Accuracy of Information
Bizmoto will use reasonable efforts to ensure the accuracy of information accessed through Bizmoto services but does not warrant the information will be free from error. Hence, You are solely responsible for the correctness of information supplied to Bizmoto through the use of Bizmoto or through any other means such as electronic mail or written communication. Bizmoto shall not be liable for the consequences arising out of erroneous information supplied by You through the Bizmoto Service. If You suspect that there is an error in the information supplied to Bizmoto, You shall advise Bizmoto as soon as possible. Bizmoto will endeavor to correct the error wherever possible on a "best efforts-basis".
If You notice an error in the account information supplied to You through Bizmoto or by the use of any of the Bizmoto services, You shall advise Bizmoto as soon as possible. Bizmoto will endeavor to correct the error promptly and adjust any interest or charges arising out of the error.
You agree that You shall not rely on SMS or email if You need to communicate with Bizmoto, such as report a lost or stolen mobile phone or any unauthorized transaction.
You agree that Bizmoto may respond to You by SMS or electronic mail with regard to any matter related to the services.
Bizmoto may, from time to time, introduce new Bizmoto services. We will inform You of these new services. By using these services when they become available, You agree to be bound by the Terms and Conditions that will be made available to You concerning these services.
Bizmoto does not guarantee the continuous availability of all Bizmoto services mentioned in this agreement. Bizmoto reserves the right to terminate or suspend any Bizmoto service with prior notice to You.
Bizmoto shall not be liable for any loss or damage of whatever nature in connection with the implementation of mobile transactions in the following instances:
You hold Bizmoto and any of its officers and representatives free and harmless, as well as indemnify them, from any and all liabilities, claims, damages, suits of whatever nature, arising out of or in connection with the implementation of this arrangement, including any and all errors inadvertently committed, any system-related errors resulting to Bizmoto’ failure to effect any payment transaction that You may undertake. Bizmoto will not be liable for any losses, resulting from circumstances over which Bizmoto has no direct control, including, but not limited to, the failure of electronic or mechanical equipment or communication lines or other interconnect problems, severe weather, earthquakes, floods or other such events.
Service Charges and Taxes
You agree to pay the charges that may be imposed by Bizmoto when availing of services and/or products under Bizmoto and the standard SMS and call rates, if any, that will apply in the course of Bizmoto transactions. We will deduct the charges directly from Your account balance as these are incurred. We are not responsible for the monitoring of Your mobile phone charges. It is Your responsibility to monitor these charges and to ensure that You have enough mobile credits to transact using the Bizmoto Services. We will not be liable for dishonor of other debits to Your Bizmoto account due to insufficiency credits resulting from our deduction of any charges as authorized by Your acceptance of these terms.
You are also responsible for paying any and whatever taxes due or which may be imposed arising from availment of the Bizmoto Services. You authorize Bizmoto to automatically charge or debit Your Bizmoto account for any and all such taxes due.
We reserve the right to change the charges, fees, or other terms described in these Terms and Conditions.
You agree to be responsible to check the website from time to time, for any updates to these Terms and Conditions and You further agree that Your continued use of the Bizmoto Service after the effectivity of any changes to the Terms and Conditions will constitute Your consent and adherence to such changes.
As always, You may choose to decline changes by discontinuing the account or services to which these changes relate. We also reserve the option, in our business judgment, to waive, reduce or reverse charges or fees for individual situations or otherwise.
Termination of the Agreement
You may request for termination of the Bizmoto Service by placing a request through our Customer Service and giving Bizmoto at least two (2) Bizmoto service days to process the request. You shall remain responsible for any Bizmoto transactions made on Your account/s through the service prior to the time of such cancellation of the Bizmoto Service.
The Agreement comprised in these Terms and Conditions shall be deemed to remain in full force and effect if and in so far as any transaction is completed but not debited to Your account/s prior to termination of the service. Also, termination of the Bizmoto Service shall not prejudice Your liability in respect of things done or omitted to be done prior to termination thereof.
Bizmoto may, for security and other reasons, withdraw the Bizmoto Service anytime You are given reasonable notice under the circumstances.
The closure of all Your account enrolled on the Bizmoto Service will automatically terminate the service and this Agreement.
Bizmoto may suspend or terminate Your Bizmoto service with notice if You breach any of the terms and conditions hereof or Bizmoto learns of Your death, bankruptcy or lack of legal capacity.
These terms and conditions and Bizmoto service practices and charges relating thereto may be changed by Bizmoto at any time by notice thereof to the account holder. Any such changes will be effective from the date of the notice or such later date as may be specified therein. Bizmoto shall endeavor to post such changes in its website at www.Bizmoto.com.ph.
Should Bizmoto become involved in any litigation which may have relation with this Agreement, or with any of the rights, powers and remedies hereunder, all fees and expenses incurred by Bizmoto in such a litigation, including a reasonable amount for the attorney's fees which amount is hereby agreed to be at the rate of 10% of the sum sought, shall be paid by the Client.
It shall be understood that access to and use of the Bizmoto Service shall be subject to applicable requirements and procedures of government telecommunications or other regulatory authorities and those prescribed by law.
The venue of all legal actions or proceedings arising out of or in connection with these Terms and Conditions shall be brought only in the proper courts of Quezon City to the exclusion of all other venues.
You hereby agree to be governed by these terms and conditions. You hereby acknowledge to have read and fully understand the foregoing terms and conditions.
Consumer Privacy Statement and Consent Agreement
Bizmoto highly regards your privacy and ensures that your personal information is adequately protected. Bizmoto, and its partner Peppermint Innovation Limited (Bizmoto Group) will not collect, use or disclose your personal information without your consent. In some cases, we will ask for your consent in writing (such as your signature) but, in most cases, we may infer consent from your actions and behavior. If you do not agree to the collection, use and disclosure of your personal information, please do not provide Bizmoto with personal information (i.e., information that could allow you to be identified).
As a general rule, we do not share your personal information with anyone outside of the Bizmoto Group. However, we may share your personal information with trusted third parties, e.g., our advertising, marketing and promotional agencies to help us deliver and analyze the effectiveness of our advertising campaigns and promotions, research agencies to help us collate and analyze consumer feedback regarding our products and services, third party providers of services, such as data processing, to Bizmoto and Peppermint, law enforcement or government authorities where they have followed due legal process to request us to disclose the information, and web analytics tool providers.
The information you have shared with us shall be treated with confidentiality and used exclusively for consumer engagement, marketing activities, and research activities conducted by the Bizmoto Group, relating to the group’s products and services. By providing your personal information and signature, you consent to the use, processing, storage, transfer and disclosure of your personal information as described above, and to being contacted by duly authorized Bizmoto personnel, for the aforementioned purposes.
If you have any questions, comments or concerns about how we handle your personal information, then you may contact us via the Bizmoto Philippines Customer Care Hotline:
(02)7182221, or email customersupport@Bizmoto.com.ph