TC and PP v2

i2i

Terms and Conditions

User Agreement

This document sets out the terms and conditions of your use and that of the institution that you represent on the i2i platform. This embodies the agreement between the Member and UBX Philippines Corporation (“UBX PH”), operator of i2i.

Please read these Terms and Conditions of Use (this “Agreement”) fully and carefully before using the Platform and/or Products & Services (as described in the Section III below). This Agreement sets forth the legally binding terms and conditions for your use of the Platform and Products & Services.

By registering for and/or using the Site and/or services in any manner, you acknowledge that you have read, understood, and accepted this agreement and agree to be bound by these Terms and Conditions and all other operating rules, policies and procedures referenced herein. You also agree to comply with any applicable laws and regulations relative to your use of the Platform.

You may not use the Services of the Platform if you do not unconditionally accept this Agreement. If you are accepting on behalf of an organization, you represent and warrant that you have the authority to do so; however, if your organization has entered into a separate contract with UBX PH covering its use of the Services, then that contract shall govern instead.

About i2i

i2i is a platform that utilizes many technologies and frameworks such as ReactJS, NodeJS, Google Analytics, application performance monitoring software, blockchain and severalothers. It enables its member institutions to avail of many Products & Services developed by UBX PH and its partner institutions. The Platform is available via a web-based portal (www.i2i.ph) or API integration.

Various financial or non-financial products and services (collectively termed as “Products & Services”) shall be offered in the i2i platform to its various members. Acceptance of the i2i platform does not automatically grant a member the right to avail of its products. Each product shall have its own separate Term Sheet that will govern the specific conditions of that product.

Definition of Terms

  1. Entity – may pertain, but not limited to, banks, cooperative, remittance agents, money services business, lending/finance companies or fintechs, duly registered and authorized as such.
  2. Member – pertains to a duly organized and existing entity that is onboarded in i2i, transacts in i2i or has availed of any of i2i’s products.
  3. Onboarding – the process whereby a Member’s User is trained and given access to i2i and to the specific Product that it has availed.
  4. Onboarding Date – the exact date as to when the Member’s user credentials were established in i2i enabling the User to access i2i.
  5. Platform – alternative word that also pertains to i2i.
  6. Products & Services – service offerings of i2i to qualified members. Each i2i product has a defined target member who can avail of it subject to product-specific terms and conditions.
  7. Site – pertains to any website made available to the internet by UBX PH, UnionBank of the Philippines and other affiliates that carry the brand, logo and content related to i2i.
  8. Application Programming Interface (API) – pertains to a set of instructions, procedures and functions that links and enables qualified members to avail i2i’s products and services.
  9. User – pertains to the representative, officer or nominated person that a Member has appointed to use or access i2i and its products for and in behalf of the member and its clients. As used in these Terms and Conditions, the use of “you,” “your,” or “yours” shall pertain to the User.

Representations and Warranties

  1. Each Party represents and warrants that, (a) it has the requisite corporate power and authority to enter into this Terms and Conditions, and to carry out their respective obligations herein; (b) the execution, delivery, and performance thereof has been duly authorized; and (c) it has been duly executed and delivered by each party, and it creates a lawful, valid and legally binding obligation in accordance with its terms.
  2. Each Party represents and warrants that all appropriate and necessary corporate and legal actions have been taken by them, and all necessary government approvals have been secured, to authorize the execution and delivery of this Term and Conditions and the performance of any provision, condition, covenant or other term thereof.
  3. Each Party represents and warrants the execution and delivery of this Terms and Conditions or their performance of any provision, condition, covenant, or other term thereof will not violate any applicable law, including any public bidding or procurement requirement thereunder, judgment, authorization or agreement to which they are a party or by which they or any of their properties are bound and will not conflict with the law.
  4. The Member warrants that all the transactions that it will facilitate through the Platform are not fraudulent, fictitious or otherwise in violation of any law, statute, ordinance or regulation.
  5. The Member warrants that it shall be solely responsible for all transactions its Users may enter to the Platform.
  6. The Member warrants that it has obtained all the required and necessary licenses, authorizations, clearances from all of its regulatory bodies to participate in the Platform.
  7. The Member warrants that it is a corporation or entity that is valid and existing, is of good standing with its regulatory agency and is not under rehabilitation or receivership or is not in the process of liquidation or winding-up of its corporate affairs.
  8. The Member shall duly inform UBX PH in writing within ten (10) banking days from its knowledge or occurrence of an event, whether threatened or actual, that may affect its ability to comply with its representations or warranties herein.

Obligations of the Parties

  1. For Members that are supervised by the Bangko Sentral ng Pilipinas (“BSP”), they shall continuously comply with the requirements of the BSP.
  2. For Members that are covered persons as defined under the Anti-Money Laundering Act under Republic Act No. 9160, as amended, including its revised implementing rules and regulations, the Member shall continuously comply with the requirements of the AMLC, including, but not limited to, implementation of know-your-customer (KYC) procedures, reporting of covered or suspicious transactions, document retention, and training, among others.
  3. Where applicable, UBX PH shall provide marketing, advertising or promotional materials to the Member to facilitate dissemination of information regarding i2i and its products.
  4. Where applicable, UBX PH shall notify i2i Members via email or postings in the Platform within a reasonable time for any interruption in i2i, including downtime of servers, failure of communication line, network problems or other similar occurrences that may adversely affect the transmission of data or completion of transfers of funds within the i2i network.

Revisions or Amendments

This Terms and Conditions may be revised or amended at any time. All revisions or amendments shall be posted in the Platform or through email notification to all Members. All changes shall have immediate effect and your continued use of the Platform signifies your continuing acceptance of, understanding and agreement to all the provisions herein and to its future revised versions.

User Credentials

The Member shall only access or use the Platform through access credentials issued to its User. UBX PH reserves the right to limit access to and/or suspend the Member or its User’s access to the Platform in the event it suspects that the Member or its User has breached this Terms and Conditions or other agreements pertaining to the products of i2i. The User will not or attempt to (and will not allow others to: (1) distribute, disclose, publish, market, sell, rent, lease, sublicense or assign to a third party any portion of the Platform or the user credentials which it has access to under these terms unless otherwise expressly permitted herein or specifically authorized in writing by UBX PH or (2) distribute, publish, or allow access or linking to the Platform from any location or source other than what is explicitly allowed under this Agreement.

VIII. Restriction on Access or Use

UBX PH may terminate, suspend, amend, or restrict (collectively known as “restrictions”) your access to all or any part of the Platform or its products without need of prior notice or liability to Users when it has come into knowledge or information that: (1) the transaction is suspicious, fraudulent, illegal or invalid; (2) when requested by the User; (3) upon lawful order or instruction of a competent court or regulator; or (4) when the transaction will constitute as a violation of the law on the part of the Platform or of UBX PH. In other instances, UBX PH shall duly inform the Member of any restriction it will impose on the latter.

Intellectual Property

  1. UBX PH hereby grants the Partner a limited, royalty-free, paid-up, non-exclusive license during the Term to use any materials owned or controlled by UBX PH as it relates to i2i and all intellectual property rights therein, in any way necessary, but only to the extent necessary, to permit the Member to perform its obligations. The Member hereby disclaims all warranties with respect to such materials.
  2. Except as provided in the immediately preceding section and as may be otherwise agreed upon by the Parties, the Parties acknowledge that each of them is the sole and exclusive owner of and shall retain all right, title, and interests in their respective Intellectual Properties. Intellectual Properties shall refer to each of the Parties’ intellectual property rights throughout the world, whether existing under intellectual property, unfair competition, or trade secret laws, or under statue or equity, including, but not limited to: (a) copyrights, trade secrets, trademarks, trade names, patents, inventions, designs, logos, business names, domain names, service mark, trade secrets, and moral rights, and any other intellectual property and proprietary rights; (b) any registration, application, or right to apply for any of the rights referred to in this clause; and (c) any and all renewals, extensions and restorations thereof, now or hereafter in force and effect.
  3. The Member hereby grants to UBX PH a limited, royalty-free, paid-up, non-exclusive license during the Term to use, and publish the Member’s logos, names, and marks for purposes of marketing and promoting the Platform.

Limitations of Use

The copyright in all materials on this website and in the Platform, including without limitation, the text, data, articles, design, source code, software, photos, images and other information (collectively the “Content”) is owned by UBX PH, protected by Philippine laws and international copyright laws or treaties. Any Content may not be copied, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the express prior written consent of UBX PH as copyright owner. The content is and shall remain the property of UBX PH at all times. You may not modify, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part. The use of the Content on any other website, including by linking or framing, or in any networked computer environment for any purpose is prohibited without UBX PH’s prior written consent. The prohibition likewise extends to the “mirroring” of any Content contained in this website or the Platform on any server. Any unauthorized use of any Content shall be construed as violation of the applicable laws on copyright, trademark or intellectual property, among others.

All data obtained from or provided by UBX PH, regardless of the method of delivery, is explicitly prohibited from publication and distribution and is subject to UBX PH’s data terms of use. Moreover, any data provided by UBX PH, regardless of the method of delivery, used for any competing purpose and such data may only be used for the transactions performed in i2i or with other products or services of UBX PH. The use of the website, Platform and their Contents may only be used for lawful purposes. All Members of the Platform are prohibited from using the site, Platform and their contents that would constitute a violation of any applicable law, regulation, rule or ordinance of any nationality, state, or locality or of any international law or treaty, or that could give rise to any civil, criminal, or administrative liability to UBX PH or any third party. Any unauthorized use of the website, APIs, Platform and their Contents, including but not limited to, unauthorized entry into UBX PH’s systems, misuse of passwords/authentication tokens, or misuse of any information posted on the Platform is strictly prohibited. Any eligibility for a particular product in the Platform is subject to the final determination by UBX PH.

Trademarks

UBX PH logo and all related logos of the Platform (collectively the “trademarks”) are trademarks or service marks of UBX PH. Other company, product, and service names and logos used and displayed on this website or in the Platform may be trademarks or service marks owned by other individuals or entities or other companies participating in the Platform. Nothing in this website or Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the trademarks displayed in this website or Platform without the prior written consent of the trademark owners.

Prohibited Use of the Platform

  1. You are strictly prohibited from utilizing, facilitating, processing or using the Platform for transactions or inquiries or attempts thereof that may facilitate or enable activities, goods or services that are unlawful, prohibited, banned, forbidden, illegal, lewd or immoral.
  2. You are strictly prohibited from utilizing, facilitating, processing, or using the Platform for nefarious or fraudulent or criminal purposes or for purposes that are contrary to public order, good morals, customs or practices.
  3. You shall not allow any person, officer or employee, who are not authorized to access or use the Platform from accessing or using it.
  4. You shall not share your access and password credentials/authentication tokens to anybody else. Access or use of or transaction in the Platform using your access or password credential/authentication token shall be deemed to be your own access, use or transaction.
  5. You shall be solely liable for the loss incurred by you due to unauthorized transactions where the loss is due to an act or omission attributable to you, such as, but not limited to, where you have failed to secure your credentials or account.
  6. You shall not reverse engineer, decompile, disassemble, decrypt, de-obfuscate, unmask all or any portion of Platform or otherwise reduce the Platform to human-perceivable form in whole or in part, except and only to the extent that such activity is expressly permitted by this Agreement or applicable laws.
  7. You shall not interfere with, modify, disrupt or disable features and functionalities of all elements under the Platform, including any such mechanism used to restrict or control the functionality, or defeat, avoid, bypass, remove, deactivate or otherwise circumvent any software protection or monitoring mechanisms of the Platform or any components of the same.

UBX PH conducts monitoring of the activities and transactions done via the Platform and may at its sole discretion, suspend, revoke, deny temporarily or permanently, your access or use of the Platform without need of prior notification or justification to you and without incurring any liability. This provision shall be read in conjunction with Section VIII on Restriction on Access or Use.

When required by the proper authorities or regulators or in accordance with its own internal governance policies, UBX PH shall cooperate in any administrative, civil or criminal inquiry or investigation, or conduct its own verification or investigation regarding transactions or activities in the Platform. It shall not allow the Platform to be used for any unlawful, prohibited, banned, forbidden, illegal, immoral, lewd, nefarious, fraudulent or criminal purposes or where the Platform was or will be used for purposes that are contrary to public order, good morals, customs or practices.

Consent to Doing Business Electronically

  1. You allow UBX PH or its duly authorized representatives, employees or agents or third- party service providers to check, verify or validate the information or documents you have provided in support of your profile in the Platform or when availing its offered products.
  2. You allow UBX PH to impose fees for the use of i2i’s products. The applicable fees and commercial terms and conditions are set out in a separate document specifically when availing of an i2i product.
  3. Signing up to the Platform shall be done via website. During sign up, you must provide the necessary information needed such as, but not limited to, your complete name, email address, mobile number, legal business name, company position, company industry, business type, and business contact information, personal or business documents. It shall be assumed that all the information you have provided are correct, true and accurate. The information you have provided can and will be used as a basis for allowing you to avail of certain products offered by i2i. Whenever any information you have provided turns out to be false, inaccurate or misleading but was used as a basis to enter into a valid transaction or agreement or obligation, you shall be considered as acting in a fraudulent, deceptive or illegal manner and may be held criminally or civilly liable for such. Similarly, providing false, inaccurate or misleading information in the Platform may cause the denial or termination of your access or use of i2i.
  4. You agree to assume full responsibility and liability for all transactions made by or under your profile or account through the use of i2i. It is understood that the password/authentication token is known only to you and, as such, any transaction effected using your password/authentication token and/or one-time PIN (OTP) shall be conclusively presumed to have been done, executed or authorized by you.
  5. You agree that the Platform, at its sole discretion, is entitled to act on the instructions it has received from you after the correct entry of your password/authentication token and/or one- time PIN, or your other biometric authentication methods such as, but not limited to, fingerprint scanning, facial recognition or retina scan. You further agree that the Platform shall not be liable and you agree to indemnify the Platform for any loss, damages or costs the Platform incurs for acting in accordance with or based on instructions it has received from you.

Electronic Communication from i2i

This section informs you of your rights when receiving electronic communications from the Platform.

  1. Electronic Communications. You agree that all communications from UBX PH relating to your use of the Platform or related Products & Services may be provided or made available to you electronically by electronic mail, SMS, or through the Platform.
  2. Scope of Consent. Your consent to receive electronic communications and do business electronically, and UBX PH’s agreement to do so, applies to all your interactions or transactions to which such electronic communications relate, whether between you and UBX PH or other participants in the Platform involved in your transaction.
  3. Hardware and Software Requirements. To access and retain the communications electronically, you will need to use a device (laptop or desktop) with an internet connection and an up-to-date browser capable of attaching files in the form of portable document format (PDF), images (JPG/PNG), and other file types. UBX PH shall define, from time to time, on the hardware and software requirements that you will need in order to access and run the Platform. Each product of i2i shall likewise have its own hardware and software requirements definition.
  4. Withdrawing Consent. You may withdraw your consent to receive electronic communications in the manner described below. Once consent is withdrawn, no further transactions will be allowed and any transaction shall be considered cancelled. The withdrawal of your consent will not affect the legal validity and enforceability of existing transactions or any electronic communications provided or business transacted prior to the withdrawal of your consent.
  5. Changes in Your Contact Information. You agree to keep us informed of any changes in your mobile number, email address, and other contact information you have provided to enable continuous receipt of electronic communications from the website. Where applicable, you can update your information by accessing your profile and updating the editable fields therein.
  6. Password/Authorization Token Security. It is your duty to keep your password/authorization token and other profile information confidential and secure at all times. The Platform provides tips on confidentiality and security. If you believe that your password/authorization token, confidential information, access points (i.e., laptop, computers, etc.) have been compromised, lost or stolen or used without your permission, you should contact UBX PH immediately to de-activate your compromised ID or password account. The Platform is not responsible for any loss, damage or cost incurred that results from the compromise or loss or unauthorized use of your password/authorization token, confidential information or access points or anytransactions resulting therefrom.

Data Storing and Monitoring

For i2i to provide its products, it needs to collect personal and business information from you and your transacting client. By providing these information, you consent to the storing, processing, and monitoring of these information that is provided in the Platform for purposes which may include: Know-Your-Customer, risk, compliance or anti-fraud checks, credit scoring, marketing/cross-selling and the like. Furthermore, you consent to us providing your information to the participating payment processor, and other partners or Platform partners that you have selected when doing transactions, crediting or debiting funds to your bank account and the like.

New Features or Products

The Platform may, from time to time, introduce new products. Any new product shall be posted in the Platform. Any new product may only be availed of upon subscription to it and signing of the relevant commercial documents thereto with UBX PH.

Liabilities and Indemnities

  1. The Member agrees to indemnify, defend and hold harmless UBX PH, its subsidiaries and affiliates, and their directors, officers, employees and agents (the “Related Parties”), from and against any loss, damage, liability, costs and expenses, suits, actions, including reasonable attorney’s fees, fees, taxes, penalties, charges and expenses related to or arising from the Member’s relationship or engagement with UBX PH (collectively, “Losses”), and arising out of or based on: (i) the Partner’s use or misuse of Personal Data whether or not for purposes to comply with its obligations under this Terms and Conditions; (ii) the Member’s breach of, or failure to perform, any of its obligations, representations or warranties contained in this Terms and Conditions; (iii) the Member’s gross negligence, willful misconduct or bad faith or that of its directors, officers, employees, subcontractors.
  2. The Member agrees to fully indemnify, defend and hold UBX PH, its stockholders, directors, officers, employees or representatives free and harmless from and against any and all losses arising from any third-party claim relating to:
    a. Bodily injuries to, including fatal injury or acquired disease of the Member’s employees, agents, or assigns;
    b. Damage to tangible real or personal property by the Member, its employees, agents or assigns arising from or in connection with acts or omissions of the Member, its employees, agents or assigns in connection with this Terms and Conditions;
    c. Claims arising from or related to an occurrence the Member is required to insure against to the extent caused by the negligence or willful conduct of the Member’s employees, agents or assigns;
    d. Any breach or default by the Member in the performance of its obligations under agreements with third parties;
    e. Any breach of the Member’s representations and warranties in this Agreement;
    f. Any violations of law by the Member, and
    g. Any business practices or act or omissions by the Member and its employees, agents and assigns that cause liability to UBX PH or to any third party. Provided, however, that UBX PH shall provide the Member a written notice of any such third party claim and all requested information regarding the third-party claim within ten (10) banking days from receipt or knowledge of the third-party claim.
  3. Except as expressly provided in this Terms and Conditions, UBX PH specifically disclaims any warranty concerning: (i) the nature and condition of the software products constituting the Platform and the suitability thereof for any and all activities and uses that the Member elects to conduct thereon. Except as otherwise expressly provided in this agreement, the Platform is being provided on a strictly “AS IS, WHERE IS” basis and UBX PH makes no warranty or representation, express or implied, including but in no way limited to, any warranty of quantity, quality, condition, merchantability, suitability or fitness for a particular purpose of the Platform.
  4. In no event will UBX PH be liable to the Member, whether in contract, warranty, tort, or otherwise, for any indirect, incidental, consequential, special, exemplary, punitive, or similar damages, including, without limitation, damages for lost revenue, profit, or business arising out of or relating to this Terms and Conditions.
  5. The Member unconditionally undertakes to defend in all kinds of proceedings, hold free and harmless, and fully indemnify UBX PH and its Related Parties from any and all claims, suits, actions, liabilities, losses, damages, fees, taxes, penalties, charges and expenses related to or arising from the Partner’s relationship or engagement with UBX PH, including the use or access of the Platform as well as this Terms and Conditions and future revisions thereof for any act or omission, breach or negligence of Member, its Users and clients.

Non-Liability for Loss, Damage or Profit

The Platform or UBX PH shall not be liable for any direct, indirect, incidental or consequential loss or damage or loss of profit of whatever nature arising from:

  1. Disruption, failure or delay relating to or in connection with the Platform and/or its products due to circumstances beyond the control of UBX PH, unforeseen events, fortuitous events such as, but not limited to, prolonged power outages, breakdown in computers, software, operating systems and telecommunication facilities, epidemics, volcanic activities, earthquakes, typhoons, floods, public disturbances, calamities or other acts of nature or Acts of God.
  2. Any fraudulent or unauthorized access or utilization of the Platform due to theft, unauthorized disclosure of personal information, mobile phone numbers, emails, passwords/authorization tokens or unauthorized usage of biometrics or other security measures used in the Platform with or without the participation of the information owner.
  3. Inaccurate, incomplete or delayed information received due to disruption or failure of any information or communication facilities or telecommunication network, internet or software or hardware.
  4. Failure or inability to use the Platform arising from causes that are beyond the control of UBX PH.
  5. Any disclosure of information concerning your profile and/or transactions to persons for any reason whatsoever, including, but not limited to, wiretapping of communication lines or erroneous connection by telecommunication switches, or errors in transmitted information due to faulty lines, and any and all forms of high technology surveillance or fraud.
  6. Loss of or damage to your desktop or laptop and other electronic devices enrolled to the Platform.

Fees in i2i

UBX PH shall not charge any fee for an entity to become a Member of the i2i network. However, it shall charge fees on the products that a Member avails of from i2i.

Changes to Transaction or Usage Fees or Charges

UBX PH reserves the right to modify the transactions or usage fees, charges, or billing methods at any time with reasonable notice to i2i Members and the effectivity of the modification. Non- agreement to or non-payment of the fees or charges or modifications thereof is a ground for UBX PH to suspend, restrict or deny your use or access or transaction in the Platform.

Settlement Accounts

Where proper, the Member shall open a settlement account with UnionBank of the Philippines (“UnionBank”). At present, UnionBank is the sole and exclusive banking partner of i2i and UBX PH. When opening its settlement account, the Member is expected to comply with the documentary requirements and minimum daily maintaining balance of such account as may be required by UnionBank. UBX PH shall assist the Member in the process of opening its account with UnionBank but the Member shall be solely liable to all the duties and responsibilities as an account holder of UnionBank.

Acceptable Use

You warrant and undertake that the Platform shall only be used for the purpose to which you have signed up for or for the products that you have ordered. You agree and undertake not to usethe Platform, directly or indirectly through your employees, personnel, agents, or associates, for persons or entities that are not your clients or in violation of the provisions of this Terms and

Conditions. Violation of this provision is a ground for UBX PH, at its sole discretion, to deactivate your profile or account, suspend, restrict or deny your use or access to the Platform. Any claim against UBX PH under this provision is void and invalid.

User Feedback & Assessment

UBX PH shall conduct on periodic basis user feedback or assessment on i2i and its products or the compliance of Members to these Terms and Conditions and other documents in relation to specific products of i2i. These feedback or assessments are done to increase public trust for your business, protect i2i and its Members, maintain the integrity of the Platform and assure all Members the uniform compliance to these Terms and Conditions at all times. The user feedback or assessment, when so required by regulators or competent authority, shall be disclosed by UBX PH to the requesting regulator or competent authority.

Term and Termination

This Agreement shall govern the relationship between Parties as to matters set forth herein effective as of the Onboarding Date of the Member and shall expire after two (2) years from the Onboarding Date, which shall automatically be renewed, unless sooner terminated by either Party by giving a sixty (60)-day written notice to the other Party prior to such termination, except if due to the causes indicated below in which case the termination shall have immediate effect.

  1. Breaches in the performance of any of its obligations under these Terms and Conditions and either that breach is incapable of remedy or the Party at fault shall have failed to remedy the breach within ninety (90) days after having received notice requiring it to remedy the breach.
  2. Breaches any of its direct or implied representations and warranties under this Terms and Conditions or any of said representations or warranties becomes invalid, unlawful or unenforceable.
  3. When a Party performs any act or omission that causes harm to the Other Party’s brand, reputation, or business.
  4. When the Member no longer qualifies, under applicable laws, or is no longer authorized or licensed to do business of which such authority or license qualifies it to avail of the Products & Services of i2i.
  5. When the Member transfers all or part of its business or establishment to another location or to different juridical entity without notifying UBX PH.
  6. When the Member becomes subject of a petition for voluntary or involuntary insolvency or bankruptcy or receivership or conservatorship.
  7. When the Member suffers execution against a material or substantial portion of its properties or assets in consequence of debt.
  8. When the Member is unable to pay its debts as they fall due.
  9. When the Member passes a resolution shortening its corporate life or ceases to trade; or
  10. When the Member enters into liquidation, suspension of payments or enters into or attempts to enter into any arrangement with its creditors for the general scheduling of its debt; appoints an administrative receiver over any or all of its assets; or suffers any similar action in consequence of debt other than for the purpose of amalgamation or reconstruction.

The expiration, cancellation, or termination of this Agreement for any cause shall not release either Party from any obligation or liability which has already accrued at that time. The exercise by either Party of its right to cancel or terminate this Agreement shall be without prejudice to its other rights or remedies. In addition:

Cancellation of Membership

If you have not made any transaction in i2i within a period of one (1) year from your Onboarding Date, these Terms and Conditions shall be automatically considered as cancelled and your user credentials will be voided. The Member may be reinstated by undergoing another onboarding process such that it will have a new Onboarding Date within which to reckon the Term.

Dispute Resolution

  1. Any dispute, controversy, or claim arising under, out of, or relating to these Terms and Conditions, including, without limitation, its formation, validity, binding effect, interpretation, performance, breach or termination, as well as non-contractual claims, shall be resolved by the Parties within thirty (30) days from the receipt of a written request to meet in good faith in order to resolve any dispute, controversy or claim in accordance with this Terms and Conditions.
  2. Any dispute among the Parties relating to these Terms and Conditions will first be submitted in writing to a panel of four (4) consisting of: two (2) senior executives from each Party, who shall promptly meet and confer to resolve such dispute.
  3. Each Party shall designate such executives within five (5) business days after receipt of an appropriate notice in writing from the other Party. Each Party’s executives shall be identified through written notice to the other Party and may be changed at any time thereafter also by notice to the other Party.
  4. The panel shall resolve the dispute no later than thirty (30) days from the date of submission. If the matter is not resolved through negotiation within the specified period, then the claim or dispute including any question relating to its existence, validity or termination will be finally resolved by arbitration in accordance with the rules of the Philippine Dispute Resolution Center, Inc. (PDRCI) for the time being in force, which rules are deemed to be incorporated byreference in this clause which decision shall be final and binding on the Parties. The language of the arbitration shall be English.
  5. If the dispute remains unresolved after a period of sixty (60) days from receipt of a written escalation, the Parties shall seek appropriate judicial remedies before the courts of Pasig City, Metro Manila, Philippines, to the exclusion of other venues.
  6. Notwithstanding the existence of a dispute, each Party must continue to perform its obligations under this Agreement.

Applicable Law and Venue of Actions

These Terms and Conditions shall be exclusively governed and interpreted under the laws of the Republic of the Philippines. The venue of all legal actions or proceedings arising out of or in connection with these Terms and Conditions shall be brought exclusively in the proper courts of Pasig City to the exclusion of all other venues.

Disclaimers

In any event, you agree and understand that UBX PH is not a party to the transaction between you and your counterparty. As such UBX PH shall not be liable for any damages or losses aside from actual losses sustained by you due to UBX PH’s willful misconduct or gross negligence in accordance with these Terms and Conditions.

Third Party Services

There may be products of i2i that will be provided in partnership between UBX PH and a third party service provider. In these instances, you shall be duly notified as to the third party service provider offering such product in the Platform. Availment of various products of i2i shall be covered by their respective Term Sheets. Each Term Sheet shall be read, interpreted and considered as forming part of these Terms and Conditions.

Non-Exclusivity

You agree and acknowledge that nothing in this Agreement limits you from entering into similar arrangements or availing of similar Products & Services with third parties. Accordingly, you agree and acknowledge that UBX PH or i2i shall not be liable for any loss incurred by you due to such similar arrangements or Products & Services with third parties.

Force Majeure

Neither Party shall be liable for any failure of performance (other than for delay or performance in the payment of fees for Products & Services availed and subscribed to) to the extent such failure is due to any cause or causes beyond such party’s reasonable control, including acts of God, flood, fire, explosion, vandalism, cable cut, adverse weather conditions, pandemics, governmental action, acts of terrorism, labor strikes, war, sabotage, outages of third party connections, utilities, or telecommunications networks, including, without limitation, carrier-related problems or issues, internet-access issues, denial of service attacks, and other mechanical, electronic or communications failures or degradation. Either Party’s invocation of this clause will not relieve the Member its obligation to pay for any Products & Services actually provided or permit Member to terminate any Products & Services except as expressly provided herein.

Miscellaneous Provisions

  1. No Employer – Employee Relationship. Both Parties including its agents and employees are not employees or agents of the other Party. Both Parties are independent contractors and shall be solely responsible for the manner and hours in which the services are performed, is solely responsible for all their respective taxes, withholdings and other statutory, regulatory, or contractual obligations of any sort (including, but not limited to, those relating to workers’ compensation, disability insurance, unemployment compensation coverage and income taxes), and is not entitled to participate in any employee benefit plans, fringe benefit programs, group insurance arrangements or similar programs of the other Party. Accordingly, neither Party and its employees and agents are employees of the other Party.
  2. Assignment. The Member shall not have the right or ability to assign, transfer, or subcontract any obligations under this Agreement. Any attempt to do so shall be void and shall be a ground for the revocation or termination of these Terms and Conditions and immediate denial of the User’s access to the Platform.
  3. Entire Agreement. These Terms and Conditions shall be binding upon and inure to the benefit of the Parties and their respective successors and permitted assigns. These Terms and Conditions supersede any and all prior agreements, negotiations, representations, and understandings between the Parties with respect to such subject matter.
  4. No Waiver. The failure of either Party to enforce its rights under these Terms and Conditions at any time for any period shall not be construed as a waiver of such rights.
  5. Separability. In the event that any provision of these Terms and Conditions shall be determined to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect and enforceable.
  6. Headings. Headings herein are for convenience of reference only and shall in no way affect interpretation of these Terms and Conditions.

 

Privacy Policy

User Agreement

This document sets out the Data Sharing Agreement that will govern the use of i2i and its products. This embodies the agreement between the Member and UBX Philippines Corporation (“UBX PH”), operator of i2i.

By accessing, browsing and/or using the Platform, you acknowledge that you have read, understood, and agree to be bound by this Data Sharing Agreement and to comply with all applicable laws and regulations relative to your use of the Platform.

About i2i

i2i is a platform that utilizes blockchain technology. It enables its member institutions to connect with one another to conduct transactions with each other or with other networks (i.e., Pesonet, Instapay). The platform is available via web. Various financial or non-financial products and services (collectively termed as “Products”) shall be offered in the i2i platform to its various members. Acceptance of the i2i platform does not automatically grant a member the right to avail of its products. Each product shall have its own separate Service Agreement that will govern the specific conditions of that product.

Definition of Terms

  1. Consent of the Data Subject refers to any freely given, specific, informed indication of will, whereby the data subject agrees to the collection and processing of his or her personal, sensitive personal, or privileged information. Consent shall be evidenced by written, electronic or recorded means. It may also be given on behalf of a data subject by a lawful representative or an agent specifically authorized by the data subject to do so.
  2. Data Exporter shall mean the controller who transfers the personal data.
  3. Data Importer shall mean the controller who agrees to receive from the Data Exporter personal data for further processing in accordance with the terms of this Agreement.
  4. Data Privacy Act (“DPA”) shall pertain to Republic Act No. 10173, its amendments and its implementing rules and regulations, as may be revised and other related issuances of the National Privacy Commission (NPC).
  5. Data Subject refers to:
    (i) an individual whose personal, sensitive personal, or privileged information is processed;
    (ii) an individual who is an account holder or member, who has provided his or her information to the Parties, who has provided his or her information in the Parties’ website; and
    (iii) upon his or her consent, such information shall be shared by Data Exporter with Data Importer for the purpose of this Agreement. With respect to the Platform, the sender and the receiver shall be referred to as Data Subjects.
  6. Data Processing refers to any operation or any set of operations performed upon Personal Information including, but not limited to, the collection, recording, organization, storage, updating or modification, retrieval, consultation, use, consolidation, blocking, erasure or destruction of data. Processing may be performed through automated means, or manual processing, if the personal information is contained or are intended to be contained in a filing system.
  7. Member pertains to a duly organized and existing entity that is onboarded in i2i, transacts in i2i or has availed of any of i2i’s Products.
  8. Personal Data shall refer collectively to the Personal Information and Sensitive Personal Information.
  9. Personal Information refers to any information, whether recorded in a material form or not, from which the identity of an individual is apparent or can be reasonably and directly ascertained by the entity holding the information, or when put together with other information would directly and certainly identify an individual.
  10. Personal Information Controller (“PIC”) refers to the Parties of this Agreement, both of which control the processing of Personal Information or instructs another party to process Personal Information on its behalf.
  11. Personal Information Processor (“PIP”) refers to any natural or juridical person or any other body to whom PIC may outsource or instruct the processing of personal information pertaining to a data subject.
  12. Personal Data Breach refers to a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, personal information transmitted, stored, or otherwise processed. It shall also refer to (a) any act or omission that compromises or may compromise either the security, confidentiality or integrity of the Data Subject’s Personal Information, or the physical, technical, administrative or organizational safeguards put in place by the Parties that relate to the protection of the security, confidentiality or integrity of Data Subject’s Personal Information, or (b) receipt of a complaint in relation to the privacy practices of the Parties or a breach or alleged breach of this Agreement relating to privacy practices.
  13. Sensitive Personal Information refers to personal information (a) about an individual’s race, ethnic origin, marital status, age, color, and religious, philosophical or political affiliations; (b) about an individual’s health, education, genetic or sexual life of a person, or to any proceeding for any offense committed or alleged to have been committed by such person, the disposal of such proceedings, or the sentence of any court in such proceedings; (c) Issued by government agencies peculiar to an individual which includes, but not limited to, social security numbers, previous or current health records, licenses or its denials, suspension or revocation, and tax returns; and (d) Specifically established by an executive order or an act of Congress to be kept classified.

Principles

  1. Each Party recognizes that the Data Subject or the Customer, whether a sender or a receiver, inevitably needs to disclose his or her Personal Data to both Parties and all parties in the Platform for the transaction to push through.
  2. All right, title, and interest in the Personal Data of Data Subjects who consented that their personal information be shared with Data Importer, shall be co-controlled by the Parties.
  3. This Agreement may be subject to review by the NPC as provided under the DPA. As such, the Parties agree to exert best efforts and good faith in ensuring that the Agreement and its operationalization reflect any revisions or required provisions that may be required by the NPC pursuant to said review.
  4. All Parties may be the Data Exporter and the Data Importer, as the case may be.

Security Obligations

Pursuant to its obligation to maintain the appropriate technical, physical, and organizational security measures, the each Party warrants that, at minimum, it shall have the following security measures:

  1. Organizational Security Measures
    a. That it has a designated individual who functions as data protection officer.
    b. That it has implemented appropriate data protection policies that provide for organization, physical and technical security measures, taking into account the nature, scope, context, and purposes of the processing, as well as the risks posed to the rights and freedoms of data subject.
    c. The policies shall provide for documentation, regular review, evaluation, and updating of the privacy and security policies and practices.
  2. Physical Security Measures
    a. That it has implemented policies and procedures to monitor and limit access to and activities in the room, workstation or facility, including guidelines that specify the proper use of and access to electronic media.
    b. That the design of its office space and work stations shall provide privacy to anyone processing Personal Data, taking into consideration the environment and accessibility to the public.
  3. Technical Security Measures
    a. That it has implemented safeguards to protect their computer network against accidental, unlawful or unauthorized usage, any interference which will affect data integrity or hinder the functioning or availability of the system, and unauthorized access through an electronic network.
    b. That it has the ability to ensure and maintain the confidentiality, integrity, availability, and resilience of their processing systems and services.
    c. That it performs regular monitoring for security breaches, and a process both for identifying and accessing reasonably foreseeable vulnerabilities in their computer networks, and for taking preventive, corrective, and mitigating action against security incidents that can lead to a Personal Data Breach.
    d. That it encrypts Personal Data during storage and while in transit, authentication process, and it has implemented other technical security measures that control and limit access.

Obligations for Data Privacy and Security

  1. The Member shall at all times be responsible for ensuring that the Personal Data, in whatever form, is stored securely. The Member hereby agrees to implement security measures to maintain the confidentiality, integrity, and availability of the Personal Data; and protect it from accidental or unlawful destruction, alteration and unauthorized disclosure, unlawful processing or use, fraudulent misuse, or loss or destruction while in the Member’s custody or its subcontractor.
  2. The Member shall maintain, and periodically review and update when necessary its data protection and security policies with respect to the processing of the Personal Data and its processes on identifying vulnerabilities in its computer networks, as well as the procedure for prevention, mitigation and correction of security incidents that may lead to security breaches, to ensure continuous compliance with the DPA, and all applicable data privacy rules and regulations.
  3. The Member agrees that its personnel, agents, representatives or any other person under its control or authority, shall have access to the Personal Data only as legitimate purpose and proportionality would require, with purpose being only the implementation of this Agreement, and will store and/or process the Personal Data in accordance with the DPA, and relevant data privacy regulations.
  4. In case of any judicial order, governmental action, or legal obligation requiring the Member to disclose Personal Data, the Member shall immediately inform UBX PH, but in no case later than twenty- four (24) hours from knowledge thereof. The Member shall at the first instance possible, raise the confidential nature of the required information and in all cases exert the necessary efforts in legally resisting said disclosure and any disclosure shall not be in excess of the information required by the order.
  5. The Processing of Customer Data shall be made only in accordance with this Agreement or, subject to the notice requirements set herein, as required by law or regulatory mandate.
  6. The Data Exporter, on its own or through its employees, agents, personnel, or representatives, shall obtain the Consent of the Data Subject before the disclosure of Personal Data to the Data Importer.
  7. The Data Importer, on its own or through its employees, agents, personnel, or representatives, shall limit the processing of Personal Data with respect to the product that the Member has availed or subscribed to in i2i.

Personal Data Breach Management and Reporting Obligation

  1. If the Member suspects or becomes aware of any security breach or potential security breach involving Personal Data of Data Subjects within its network, operating systems, software applications, data storage systems, media channels or other office procedures, the Member shall notify UBX PH in writing within twenty-four (24) hours from the occurrence or discovery of the breach and shall fully cooperate with UBX PH, to prevent or stop the Personal Data Breach.
  2. The Member shall defend, indemnify, and hold UBX PH, its subsidiaries, affiliates, and their respective officers, directors, stockholders, employees, and agents free and harmless from and against any and all claims, suits, causes of action, liability, loss, costs, and damages, including attorney’s fees and costs of litigation, in connection with or as a result of any third party claim arising from the Personal Data Breach of the Member.
  3. In case the Personal Data Breach is material and substantial, and such will cause UBX PH irreparable injury for which it would have no adequate remedy at law and for which there is an urgent and permanent necessity to prevent serious damage, UBX PH shall be entitled to immediately seek injunctive relief against all relevant parties in addition to any other rights and remedies available to it under law or this Agreement.
  4. Immediately following the notification of a Personal Data Breach sent by the Member to UBX PH, the parties shall coordinate with each other to investigate said breach. Each party agrees to fully cooperate with the other and provide a root cause analysis report within reasonable time, which unless a shorter time is required by relevant law and/or the NPC, should be not later than twenty-four (24) hours from the discovery of the breach.
  5. The Member shall immediately remedy any Personal Data Breach and prevent any such breach at the Member’s sole expense in accordance with the DPA and all relevant international standards on data protection. The Member shall also reimburse UBX PH for actual costs incurred by UBX PH in responding to and mitigating damages caused by the Personal Data breach.
  6. The Member agrees that it shall not inform any third party of any Personal Data Breach affecting UBX PH without first notifying UBX PH and UBX PH agreeing to the disclosure. Both parties shall work together in drafting the contents of any such notice prior to submission to the relevant authorities. In the event of any Personal Data breach, Member shall ensure that all measures and safeguards to prevent a recurrence of any such Personal Data Breach are immediately put in place.

Confidentiality and Non-Disclosure Clause

  1. All information or data acquired in connection with this Agreement, the Terms and Conditions on the use of i2i, other documents pertaining to the subscribed or availed product of i2i or in relation to the Parties’ respective obligations herein, including the Personal Data, shall be treated by it, its representatives, officers, employees, subcontractors and any other person that may be utilized by said Party, as strictly confidential (“Confidential Information”) and shall not at any time be disclosed or caused to be disclosed to any person, except with the prior written consent of the other.
  2. All Parties shall (a) use such Confidential Information for the sole and limited purpose of complying with its respective obligations under this Agreement; (b) not copy, in whole or in part, Confidential Information without the other Party’s prior express written consent; (c) return all Confidential Information, including copies or other written or physical embodiments of, or containing, such Confidential Information (including any studies, analyses, compilations or other materials prepared in whole or in part based on said Confidential Information) to the Data Exporter immediately upon the written or oral request of said Data Exporter, or upon termination of this Agreement, whichever occurs first.
  3. Neither Party shall, without the prior consent of the other, disclose or make available to any person, make public, or use directly or indirectly, except for the performance and implementation of the Program, any confidential information acquired from Data Exporter or information holder in connection with the performance of its obligations under this Agreement, except for the following:
    a. When an information is known to the Data Exporter, as evidenced by its written records, prior to obtaining the same from its holder and is not otherwise subject to disclosure restrictions on the Data Exporter;
    b. When the information is disclosed to the Data Exporter by a third party who did not receive the same, directly or indirectly, from an information holder, and who has no obligation of secrecy with respect thereto; or
    c. When the information is required to be disclosed by law.
  4. Each Party shall use the same degree of care to maintain the confidentiality of the Confidential Information as it uses with respect to its own confidential information, but in no event less than a reasonable degree of care.
  5. Except as otherwise provided herein, the obligations of the Parties herein shall remain effective and continue in full force for the duration of this Agreement and shall survive for a period of two (2) years from the termination thereof.
  6. Where necessary, required, or beneficial for the validity or enforceability of this Agreement, nothing contained herein shall be construed as to prevent the Parties from registering or otherwise submitting this Agreement to the appropriate government office or regulatory agency.
  7. This shall be inoperative as to particular portions of the Confidential Information to the extent such information:
  1. Becomes generally available to the public other than as a result of a disclosure by any of the Parties, or any Affiliates or Representatives;
  2. Was available to the Parties on a non-confidential basis prior to its disclosure;
  3. Was created independently by a Party without using the Confidential Information provided by another Party;
  4. Was authorized by the Disclosing Party to be shared with a third party.

Privacy Notice

In compliance with the Data Privacy Act of 2012, its Implementing Rules and Regulations, and issuances by the NPC, the Member shall ensure that the following PRIVACY NOTICE is conspicuously and publicly available for Data Subject’s visibility. The same may be printed and posted on conspicuous bulletin boards, posted on the online platform, or visible together with the forms Data Subjects are required by law to accomplish.

PRIVACY NOTICE

We take the privacy and protection of your Personal Data seriously. As end-user of the i2i Platform, whether as sender or receiver, you are referred to as Data Subjects of both _______________ [full registered name of Member] and UBX PH, who have vested privacy rights under the Data Privacy Act of 2012. We collect the following Personal Data about you: name, date of birth, place of birth, civil status, nationality, address, mobile number, landline, number, email address, bank account details, occupation, name of employer, source of funds, amount, purpose, and other details as may be required by the nature of your transaction. To know more about our Privacy Policy, please go to this site: _____________________[URL of i2i]. For questions, requests, and notifications, communication may be directed to _____________ [full registered name of Member].

Personal Data Inventory

The Products of i2i shall require one or a combination of some or all of the personal information attributes enumerated below from its Member’s customers.

Personal Information Attribute

Category

Customer’s First Name

Personal Information

Customer’s Middle Name

Personal Information

Customer’s Last Name

Personal Information

Customer’s Address

Personal Information

Gender

Sensitive

Mobile Number

Personal Information

Customer’s Bank

Personal Information

Customer’s Account Number

Sensitive

Amount

Sensitive

Purpose of Transaction

Personal Information

Other details as may be required

 

BUx

Terms and Conditions

Kindly review these Terms and Conditions of Use before proceeding. Any use of this website creates a binding agreement and acceptance to comply with these Terms and Conditions and your continuous use of the website constitutes your continuing agreement and acceptance of this Terms and Conditions and to any of its future amendments or revisions. If you do not agree to these Terms and Conditions, you may exit this website immediately.

About Bux

Bux is an end-to-end payments and logistics solutions for e-commerce that aims to provide a seamless experience to both buyers and sellers. The platform is available via web or via Facebook Messenger. This solution allows buyers to pay through a wide array of payment facilities and sellers to accept these payments. Sellers also have the ability to ship their products by choosing from the list of logistics partners integrated in the system. Sellers are then capable of withdrawing their funds received from buyers through any bank through Instapay, Pesonet, Unionbank Fund Transfers and EON network in near real time. Bux supports both web and Facebook Messenger.

The terms “Platform,” and “website” shall be interchangeably used with Bux in this document and shall refer to Bux as a platform or website.

User Agreement

The following are terms of the legal agreement (the “Agreement”) between you and Bux (the “Platform”) that will govern your use of the Platform through www.bux.ph and other Bux channels. The Platform is owned and operated by UBX Philippines Corporation (“UBX PH”), a duly organized and existing entity under the laws of the Republic of the Philippines with office address at 33rd Floor UnionBank Plaza, Meralco Ave. corner Onyx and Sapphire Roads, Ortigas Center, Pasig City, Philippines. By accessing, browsing and/or using the Platform, you acknowledge that you have read, understood, and agree to be bound by the Terms and Conditions of this Agreement and to comply with all the terms and conditions herein and any future revisions or amendments to the same, applicable laws and regulations. The Terms and Conditions of this Agreement form an essential basis of the agreement between you and UBX PH.

UBX PH reserves the right to amend this Agreement at any time. All changes shall have immediate effect and your continued use of the Platform shall be deemed a continuing acceptance of, understanding or agreement to all the provisions in this Agreement and to its future revised versions. UBX PH may terminate, suspend, amend, or restrict your access to all or any part of the Platform without need of prior notice or liability. Any amendment or revision to this Agreement shall be posted in the Platform for your information or reference.

Limitation of Use

You are strictly prohibited from using Bux to receive payments for unauthorized, illegal, or prohibited items like narcotics or illegal drugs, unauthorized or illegal gambling or gaming, pornography, products infringing on any third party’s copyright, patent, trademark, trade secret or other property rights or rights of publicity or privacy, or any other products or services prohibited by rules, regulations or the law. You agree that any damage or liability incurred by you as a result of these activities, including fines, penalties or other related legal expenses, will be for your own account.

All data obtained from or provided by UBX PH, regardless of the method of delivery, is explicitly prohibited from publication and distribution and is subject to UBX PH’s data terms of use. Moreover, any data provided by UBX PH, regardless of the method of delivery, used for any competing purpose and such data may only be used for the transactions performed in Bux or with other products or services of UBX PH. The use of the website, Platform and their Contents may only be used for lawful purposes. All participants in the website or Platform are prohibited from using the site, Platform and their contents that would constitute a violation of any applicable law, regulation, rule or ordinance of any nationality, state, or locality or of any international law or treaty, or that could give rise to any civil, criminal, or administrative liability to UBX PH or any third party. Any unauthorized use of the website, Platform and their Contents, including but not limited to, unauthorized entry into UBX PH’s systems, misuse of passwords, or misuse of any information posted on the Platform is strictly prohibited. Any eligibility for a particular product or service in the Platform is subject to the final determination by UBX PH.

Intellectual Property and Marks

Subject to the terms of this Agreement, UBX PH hereby grants you, and you hereby accept, a personal, limited, non-exclusive, non-transferable license and right to use UBX PH’s website, Platform and their contents, including, but not limited to UBX PH’s APIs.

UBX PH hereby grants you a limited, non-exclusive, non-transferable royalty-free license to use UBX PH’s trademarks, related logos, and service marks (collectively the “Advertising Materials”) provided that you agree to change, at your expense, any Advertising Materials which UBX PH, in its sole discretion, determines to be inaccurate, objectionable, misleading, or a misuse of its trademarks and/or service marks. Upon written demand of UBX PH, you shall immediately cease the use of any Advertising Materials which UBX PH deems to be in violation of this clause. Such license shall be revoked immediately and automatically upon termination of this Agreement. You shall not add to, delete from, or modify any Advertising Materials, Services Documentation or forms provided by UBX PH without its prior written consent. Other company, product, and service names and logos used and displayed on this website or in the Platform may be trademarks or service marks owned by other individuals or entities or other companies participating in the Platform. Nothing in this website or Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the trademarks displayed in this website or Platform without the prior written consent of the trademark owners.

The copyright in all materials on this website and in the Platform, including without limitation, the text, data, articles, design, source code, software, photos, images and other information (collectively the “Content”) is owned by UBX PH, protected by Philippine laws and international copyright laws or treaties. Any Content may not be copied, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the express prior written consent of UBX PH as copyright owner. The content is and shall remain the property of UBX PH at all times. You may not modify, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part. The use of the Content on any other website, including by linking or framing, or in any networked computer environment for any purpose is prohibited without UBX PH’s prior written consent. The prohibition likewise extends to the “mirroring” of any Content contained in this website or the Platform on any server. Any unauthorized use of any Content shall be construed as violation of the applicable laws on copyright, trademark or intellectual property, among others.

You also expressly acknowledge and agree that except for the rights and licenses expressly granted to you in this Agreement, UBX PH shall retain all right, title and interest in and to the Platform, website, APIs, the Content, and any derivatives of the foregoing (“UBX PH IP”); and, nothing contained in this Agreement shall be construed as conferring upon you by implication, operation of law, estoppel, or otherwise, any other license or right. You shall not: (i) use, reproduce, distribute, or permit others to use, reproduce, or distribute any of the UBX PH IP for any purpose other than as specified in these Conditions; (ii) make the UBX PH IP available to unauthorized third parties; (iii) rent, electronically distribute, timeshare, or market UBX PH IP by interactive cable, remote processing services, service bureau or otherwise; or, (iv) directly or indirectly modify, reverse engineer, decompile, disassemble, or derive source code from any of the UBX PH IP.

Consent to Doing Business Electronically

You may access your profile by signing in to the Platform using your web browser or your mobile device.

You allow Bux to impose fees for the use of our services such as payment channels. The applicable fees are posted on the website and you will be informed of the exact amount to be collected from you for every transaction that you will make in Bux.

Signing up to the Platform shall be done via website, Facebook Messenger. During sign up, you must provide the necessary information needed such as, but not limited to, your complete name, email address, mobile number, legal business name, company position, company industry, business type, business contact information, personal or business documents, financial statements, identification cards, other details about yourself or your business, etc. It shall be assumed that all the information you have provided is correct, true and accurate. The information you have provided can and will be used as a basis for allowing you to avail of certain products or services offered in the Platform. Whenever any information submitted is found to be false, or inaccurate, Bux will allow two (2) business days (from notice to merchant/seller) to provide the correct information or documentation. If, after two (2) business days, the necessary information still has not been submitted to the Bux team, the account of the users will be deactivated and payments and fund transfers will be put on hold for a minimum of one (1) month, or until the proper documentation is provided. If no update has been provided by the account holder (merchant/seller) after one (1) month, Bux will terminate the account.

Once signed up, the Platform will allow you to choose payment facilities, withdraw funds and book logistics services based on your preferences. All payment-related transactions and logistics services are based on the Terms & Conditions of the payment processors, UnionBank of the Philippines and the logistics company selected. Once any of these services are requested, the Platform will allow you to receive and accept the following communications sent by the Platform (1) payment and QR code; (2) order forms; (3) Instapay, Pesonet, Unionbank Fund Transfers and EON Bank Transactions; (4) documents, and; (5) information as required by the law and participating partners, among others.

You assume full responsibility and liability for all transactions made by or under your profile or account through the use of the Platform. It is understood that your password is known only to you and, as such, any transaction effected using your password and/or one-time PIN (OTP) shall be conclusively presumed to have been done, executed or authorized by you. UBX PH will not be liable for any claim arising from your transaction made through the Platform.

Before proceeding with the payout transaction, an OTP will be sent to your registered mobile number or email address for security and verification purposes.

You agree that the Platform, at its sole discretion, is entitled to act on the instructions it has received from you after the correct entry of your password and/or one-time PIN, or your other biometric authentication methods such as, but not limited to, fingerprint scanning, facial recognition or retina scan. You further agree that the Platform shall not be liable and you agree to indemnify the Platform for any loss, damages or costs the Platform incurs for acting in accordance with or based on instructions it has received from you.

This section informs you of your rights when receiving electronic communications from the Platform.

Electronic Communications. You agree that all communications from UBX PH relating to your use of the Platform or related services may be provided or made available to you electronically by electronic mail, SMS, at the Platform, or website.

Scope of Consent. Your consent to receive electronic communications and do business electronically, and our agreement to do so, applies to all your interactions or transactions to which such electronic communications relate, whether between you and UBX PH or other participants in the Platform involved in your transaction.

Hardware and Software Requirements. To access and retain the communications electronically, you will need to use a device with an internet connection and an up-to-date browser capable of attaching files in the form of portable document format (PDF), images (JPG/PNG), and other file types.

Mobile Technology. Mobile devices such as tablets, smart phones or similar devices should be able to access and retain electronic communications when accessing the website or Platform. If you are accessing our site electronically through a mobile device, such as a tablet, smartphone or similar device, you must also be able to access and retain the communications electronically.

Withdrawing Consent. You may withdraw your consent to receive electronic communications in the manner described below. Once consent is withdrawn, no further transactions will be allowed and any transaction shall be considered cancelled. The withdrawal of your consent will not affect the legal validity and enforceability of existing transactions or any electronic communications provided or business transacted prior to the withdrawal of your consent.

Changes in Your Contact Information. You agree to keep us informed of any changes in your mobile number, email address, and other contact information you have provided to enable continuous receipt of electronic communications from the website. Your information can be updated at any time by accessing your profile in the website.

Password Security

It is your duty to keep your password and other profile information confidential and secure at all times. The website provides tips on confidentiality and security. If you believe that your password, confidential information, access points (i.e., mobile phones, tablets, laptop, computers, etc.) have been compromised, lost or stolen or used without permission, you should contact UBX PH immediately to deactivate your compromised ID or password. The website or UBX PH is not responsible for any loss, damage or cost incurred that results from the compromise or loss or unauthorized use of your password, confidential information or access points or any transactions resulting therefrom.

Data Storing and Monitoring

The Platform will collect personal or business information from you in order to provide products or services. By providing these information, you consent to the storing, processing, and monitoring of these information that are provided in the website, mobile app and other channels such as Facebook Messenger, Viber, email, SMS, or WhatsApp for purposes which may include: Know-Your-Customer, risk monitoring, compliance or anti-fraud checks or investigations, credit scoring, or marketing/cross-selling of financial products from UBX PH or UnionBank or from UnionBank’s group of companies. Furthermore, you consent to us providing your information to the participating payment processors, UnionBank of the Philippines and logistics company as you select when generating a payment related to transactions, crediting funds to your bank account and availing of logistics services.

New Features or Services

The website may, from time to time, introduce new features or services. Any new feature or service will be announced or posted in the website or sent via email or SMS blast or other quick communication means. Your continuous use of the website or maintenance of your account in the website is understood to be your continuous and continued acceptance of these new features or services regardless of your actual use of these new features or services.

Non-Liability for Loss, Damage or Profit

The website or UBX PH shall not be liable for any direct, indirect, incidental or consequential loss or damage or loss of profit of whatever nature arising from:

  1. Disruption, failure or delay relating to or in connection with the website and/or its services due to circumstances beyond the control of UBX PH, unforeseen events, fortuitous events such as, but not limited to, prolonged power outages, breakdown in computers, software, operating systems and telecommunication facilities, government orders, typhoons, floods, public disturbances, calamities or other acts of nature or Acts of God.
  2. Any fraudulent or unauthorized access or utilization of the website due to theft, unauthorized disclosure of personal information, mobile phone numbers, emails, passwords or unauthorized usage of biometrics or other security measures used in the website with or without the participation of the information owner.
  3. Inaccurate, incomplete or delayed information received due to disruption or failure of any information or communication facilities or telecommunication network, internet or software or hardware.
  4. Failure or inability to use the website.
  5. Any disclosure of information concerning your profile and/or transactions to persons for any reason whatsoever, including, but not limited to, wiretapping of communication lines or erroneous connection by telecommunication switches, or errors in transmitted information due to faulty lines, and any and all forms of high technology surveillance or fraud.
  6. Loss of your mobile phone, mobile devices and/or other electronic devices enrolled in the Platform.

Services Provision

The following are the Services that will be provided by the website: payment processing, disbursal via Unionbank Fund Transfer, Instapay/Pesonet or EON. You agree to enter into the relevant documentation and wholly abide by all of the provisions and terms thereof covering each service as may be required by UBX PH.

You may also avail of Bux’s multi wallet service. If you are availing as a sub-wallet:

  1. a) you expressly consent to the master wallet having visibility of your sub-wallet’s registration status, transaction records, and account details;
  2. b) you expressly consent to the master wallet having the capability to collect all the proceeds that you have, in turn, collected from your customers should this be the applicable arrangement within the master wallet’s ecosystem;

The multi wallet service enables the sub wallet to transfer funds to the master wallet, and vice versa. Both master wallet and sub wallet can add funds to their respective wallets.

Fee Changes

UBX PH reserves the right to modify the transactions fees, charges, or billing methods at any time without prior notice to you. The updated schedule of applicable transaction fees, charges or billing methods shall be posted on the website. Your continued use of the website after the effectiveness of any change shall indicate your agreement to and acceptance of such changes. Non-payment of the fees or charges for the use of the website or any of its products or services is a ground for UBX PH to terminate, suspend, restrict or deny your use or access or transaction in the website.

Acceptable Use

Order Link and Payment Processing

You warrant and undertake that the Order Link and Payment processing feature is to be used solely for Buyers or your Clients to purchase or book orders for delivery from you. You agree and undertake not to use, directly or indirectly through your employees, personnel, agents, or associates, the Order Link feature to purchase on behalf of Buyers. Violation of this provision is a ground for UBX PH, at its sole discretion, to terminate or deactivate your profile or account, suspend, restrict or deny your use or access to the website. Any claim against UBX PH under this provision is void and invalid.

  1. Plug-ins

You warrant and undertake that the Buyer Information you input using Plug-in(s) Feature is correct and you undertake to use your best efforts to verify these Buyer Information before approving orders for processing.

  1. Manipulation of Ratings and Reviews

Ratings and Reviews Feature is created to increase public trust for your business, protect Buyers, and maintain the integrity of the services that the website provides. You warrant and undertake not to manipulate ratings and reviews of your Account by allowing Buyers to independently rate and review their experience with you. If you are found to be manipulating your Ratings and Reviews through any means, UBX PH, at its sole discretion, may terminate, deactivate your profile or account, suspend, restrict or deny your use or access to the website at any time without need of a prior notice to you.

Disbursal of Transactions Proceeds

  1. Sales and proceeds of sales from using the Services shall be treated as a sale by you.
  2. A sale is only concluded if and when: (i) an order is placed that contains all pertinent and required details via the Service; (ii) payment is received by our account; and (iii) the goods have been delivered and actually received by the intended recipient.
  3. Disbursement of the proceeds of sales due to you, if applicable, shall be disbursed to you in accordance with the usual and standard Instapay, Pesonet, Unionbank Fund Transfer and EON payout schedule as implemented by UnionBank of the Philippines. Where applicable, any changes in the payout schedule shall be duly posted in the website for the information of all participants.
  4. If you are availing of the multi wallet service as a sub wallet, the disbursement of funds may also be made directly to the master wallet’s settlement bank account. You acknowledge that the master wallet may enable sub wallets to do manual payouts to your preferred bank account or e-wallet.

Dispute Resolution

BY AVAILING OF OUR SERVICES YOU WARRANT AND UNDERTAKE TO COMPLY WITH DISPUTE RESOLUTION TERMS.

All disputes arising out of, relating to, or in connection with penalties imposed on you can be settled by signing a Release, Waiver, and Quitclaim agreement (RWQ agreement). If you do not sign the RWQ agreement, you agree and undertake that the remaining recourse for a solution is to go through resolution before the proper courts of law.

All disputes arising out of, relating to, or in connection with the interpretation or application of this Agreement and Terms or Your use of the Services that cannot be resolved informally or will be resolved through binding arbitration on an individual basis, except that you and us are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. Arbitration will be initiated solely through the Philippine Dispute Resolution Center, Inc. (“PDRCI”). This arbitration agreement will survive the termination of your relationship with UBX PH. Notwithstanding the foregoing, UBX PH may choose to bring an individual action in court.

Arbitration

Any dispute, claim or difference directly or indirectly arising out of or in connection with this Agreement, including any question regarding its existence, interpretation, construction, performance, validity or termination shall be referred to and finally determined and settled by arbitration in accordance with the PDRCI arbitration rules (the “Rules”) by three (3) arbitrators appointed in accordance with the Rules. The arbitration shall be held in Pasig City, Philippines and shall be conducted in English.

These Terms and Conditions shall be exclusively governed and interpreted under the laws of the Republic of the Philippines without regard to its conflict of laws provisions.

Disclaimers

You undertake and warrant that the items, goods or services you are selling, offering, marketing or advertising via the website are not illegal or in violation of any laws, rules or regulations and satisfy the standard expectations of a buyer and do not and will not infringe any third party rights and are of an acceptable quality and consistent to Your released product information.

In any event, you agree and understand that UBX PH is not a party to the transaction between you and your Buyer. As such UBX PH shall not be liable for or answerable to any damages or losses arising from your transaction with your Buyer, including non-fulfilment or non-delivery of the services or goods.

Third Party Services

You will have access to services of third parties through the website (the “Third Party Services”) for Payment Processing, Logistics and Disbursement. In those cases, said Third Party Services shall be subject to the terms, conditions, and limitations imposed by those third parties, which shall also be binding on you whenever you use them. UBX PH reserves the right to reject or refuse any Third Party Service used by you in conjunction with its services.

Your transactions, correspondence or business dealings with, or participation in promotions of third parties, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such transactions, correspondence, dealings or participation, are solely between you and such third party. UBX PH shall not be responsible or liable for any loss or damage incurred as the result of any such transactions, correspondence, dealings or participation or as the result of the presence of such third party advertisers on the website.

When you acquire goods or services from, or when you sell or offer to sell goods or services to a third party through our website, you understand and agree that (i) UBX PH is not a party to the contract between you and the third party; (ii) UBX PH is under no obligation to monitor the third party service you have contracted with, and; (iii) the third party will be responsible for all obligations under the contract with you, including, without limitation, warranties or representations.

UBX PH shall not be liable and/or responsible with respect to the title, quantity, quality or any other aspect related to the goods and/or services that you offer, and no warranty, or indemnity of any kind shall be given or deemed to be given by UBX PH in respect thereof.

You shall be solely liable for the loss incurred by you due to unauthorized transactions where the loss is due to an act or omission attributable to you, such as, but not limited to, where you have failed to secure your credentials or account.

You agree and acknowledge that nothing in this Agreement limits you from entering into similar arrangements or availing of similar services with third parties. Accordingly, you agree and acknowledge that UBX PH shall not be liable for any loss incurred by you due to such similar arrangements or services with third parties.

Venue of Actions

The venue of all legal actions or proceedings arising out of or in connection with these Terms and Conditions shall be brought exclusively in the proper courts of Pasig City to the exclusion of all other venues.

Complaints against You

Any complaint that UBX PH receives against you in relation to your use of your Bux account, Bux services, the transaction done using Bux, or delivery of the goods that was transacted using Bux, may be used as grounds by UBX PH to suspend, deactivate, terminate, or cancel on a temporary or permanent basis your account in Bux or the services you have availed of. The complaint also gives UBX PH the right to review the transaction being complained about and to provide your relevant information to law enforcement, quasi-judicial bodies, investigative or regulatory bodies or relevant information regarding the transaction being complained about whenever UBX PH is requested to do so. UBX PH, in its sole discretion, may also withhold the crediting of the proceeds of the transaction being complained about should it find reasonable cause to do so due to the complaints received against you and in accordance with this Agreement.

You hereby expressly acknowledge that the Platform only facilitates the payment of merchants or sellers as a third party and is not in any way involved in the transaction between the buyer and such merchant or seller. UBX PH will not be held liable for failure of the merchant/seller to deliver the products or services as advertised. UBX PH is released from any liability and harm arising from a product or service purchased or about to be purchased from a merchant or seller using Bux. UBX PH, in its sole discretion, may, but is not required to, assist with disputes between the seller or merchant and its customer.

If you are a buyer on Bux, then you expressly acknowledge that you must practice due diligence when transacting with online merchants or /sellers. If you have a complaint against a merchant or seller on Bux, you have the duty to directly contact the merchant/seller to question or clarify any issues regarding their purchase or delivery of goods. The onus is on the seller to resolve any issues directly with the buyer, for the benefit of all parties.

If the buyer does not receive any response within five (5) business days from the merchant/seller, the buyer may file a complaint by emailing support@bux.ph. All complaints will be forwarded to the merchant/seller within one (1) business day. UBX PH may request additional documentation and details regarding the dispute. However, UBX PH does not guarantee any outcome and is solely dependent on the merchant/seller, and relevant parties and authorities.

If there is still no response or proper outcome from the merchant/seller after UBX PH forwards the complaint, UBX PH has the right, and may choose to at any time, to forward the concern/issue to the relevant authorities for their counsel.

Bux will require a response from the merchant/seller within three (3) business days. If no response is received in the allotted time frame, Bux will coordinate with the UBX PH Legal team on the next course of action, based on the details provided by the buyer and in relation to local laws.

Double Crediting

Any double or multiple posting or crediting of proceeds arising from one and the same transaction to your designated account creates an obligation for you to return the excess amount to UBX PH. Failure to return the excess amount to UBX PH shall be grounds for UBX PH, at its sole discretion, to terminate or deactivate your profile or account, suspend, restrict or deny your use or access to the website. UBX PH may likewise refuse crediting of future proceeds to your account to offset the amount due from the double or multiple posting that you have failed to return.

Funds Remaining in Your Account

In the event that your Bux account will be deactivated, terminated or cancelled on a permanent basis by UBX PH, any remaining funds therein may be credited to your designated bank account provided that none of the following conditions, events or incidents exist:

  1. There is no allegation or claim of non-delivery from your end in any of your transactions in Bux by a third party;
  2. There is no allegation of non-fulfilment from your end in any of your transactions in Bux by a third party;
  3. There is no complaint from your client or counterparty for non-delivery or non-fulfilment of any of your transactions wherein you used Bux to facilitate payment.

Co-branding with EON

UBX PH shall be responsible in handling any customer issues regarding general product inquiries about EON, including securing an EON Accountholder’s written consent for UnionBank to disclose account-related information to UBX PH such as, but not limited to, account balance or account history.

Privacy Policy

Purpose & Scope

Bux respects and values your privacy and the secrecy of your account information with us. This Privacy Policy (“Policy”) informs you how we collect, use, store, and process your personal data. We adhere to the data privacy principles of (1) legitimate purpose – we only process upon your consent, in compliance with law or contract; (2) transparency – we notify everything that happens to your data; and (3) proportionality – collection is limited based on purpose.

This Policy applies to data subjects who visit or use the Bux website, Bux Facebook page and use the Application Programming Interfaces (API) or related services (the “Services”) of the platform. (Data Subjects”)

Collection of your Personal and Sensitive Personal Data

Personal Data refers to any information that identifies or is linkable to a natural person. On the other hand, Sensitive Personal Data is any attribute that can distinguish, qualify or classify a natural person from the others such as data relating to your ethnicity, age, gender, health, religious or political beliefs, genetic or biometric data.

We collect your Personal and Sensitive Personal Data when you register, sign-up or use our products and services or contact us about them. We also collect through your organization whether private corporation or government instrumentality you authorized. We may also obtain your information from other sources (i.e publicly available platforms, financial institutions, credit agencies, payment gateway processors, public authorities, and other registers) for purposes of identity verification and regulatory requirements by the Bangko Sentral ng Pilipinas (BSP).

Kinds of Data We Process

  • Account Data and Know-Your-Customer (KYC) Information: Refer to Personal Data and Sensitive Personal Data we collect when you sign up or register to our products and services such as full legal name, gender, date of birth, nationality, civil status, permanent address, present address, tax identification number and other government-issued identification numbers, mobile number, home number, office contact details, company name, job position or rank, office address, source of funds, gross annual income, and such other information necessary to conduct due diligence and comply with BSP rules and regulations.
    For entities, Bux collects the following information when your representatives or authorized personnel create or update your enterprise account in Bux: business information (type, name, nature, address details, years in business, website/URL), social media pages or accounts (Facebook, Instagram, etc.), annual gross sales information, average ticket size, projected annual sales, services offered, list of stockholders, directors, and officers, and all other information that are required to be provided during account creation or updating.
    As part of Bux’s KYC and KYB, Bux also requires the submission of the following business-related documents for sole proprietorships and other entities that open enterprise accounts in Bux:

Sole Proprietorship

Enterprise Entities

Partnership Entities

DTI Registration

SEC Registration

Articles of Partnership

Business Permit or Mayor’s Permit

Articles of Incorporation

BIR 2303

BIR Registration

By-Laws

SEC Certificate of Filing of Articles of Partnership

Income Tax Return (optional)

Latest General Information Sheet (GIS)

Business Permit or Mayor’s Permit

Bank Account information for settlement

Business Permit or Mayor’s Permit

Partnership Resolution

 

BIR 2303

Bank Account information for settlement

 

Secretary’s Certificate or Board Resolution for Authorized Representatives or Signatories

 
 

Latest Audited Financial Statement (optional)

 
 

Bank Account information for settlement

 
  • Bux also collects individual information from the authorized users of enterprise accounts as they are required to create individual accounts. Upon successful creation of the enterprise account, the individual accounts shall be provided with their access rights. On top of the usual information to be required and collected for individual accounts, enterprise-related individual accounts shall also provide their designation for the roles of: SPOC – Main Contact Person / Master Admin, Sales, Finance, Support, Admin and IT for enterprise accounts.
  • Payment and Transactional Data: Linkable information to your Personal Data such as (1) bank account number, deposits, withdrawals, such other transfers made to or from your account, and details about them such as reference number, place and time these were made; (2) information when you contact us through our official channels such as branches, contact centers, web and mobile platforms; (3) credit card and debit card account number as well as purchases or transactions using your credit card and debit card; and (4) other forms of customer account number, payments, and transactions you have with us.
  • Financial Data: Information about the value of your property and assets, your credit history and capacity, and other financial products and services you have with us.
  • Payouts: Bux collects and stores your bank account information needed to access and generate your checkout transactions. This information will then be passed on to Bux’s partner banks.
  • Sensitive Personal Data: We may require the following Sensitive Personal Data upon your express consent: (1) your religion when you apply for insurance products with us; (2) for customer verification, your government-issued identification numbers or cards such as passport or driver’s license ID; or (3) any information that is necessary, incidental to contractual agreement or in connection with a requested product or service.
  • Multi Wallet Transactions: Transactional data of a sub wallet that can be viewed by the master wallet if the s part of the multi wallet closed loop system of a Bux merchant.
    The foregoing data are collectively referred to as “Customer Data” or “Personal Information”.

Data Processing

Processing means any activity pertaining to the collection, recording, organization, storage, updating or modification, retrieval, consultation, use, consolidation, blocking, erasure or destruction of Customer Data.

We process Customer Data only for legitimate purposes and with lawful basis such as your express consent, terms and conditions of product or service you signed up with us, and as required by law and regulation. We ensure that only authorized employees and third-party service providers, who satisfy our stringent risk management, governance, information security, and data privacy requirements, can process your data.

Bux uses Google Analytics. This tool enables Bux to analyze your use of the Services, including information on the frequency of your visits, events you look at within the Services, usage and performance data. Bux uses this data to improve its Services, better understand how the Services perform on different devices, and provide information that may be of interest to you.

  • Data Storage
    • We store Customer Data in secure and encrypted BUX-managed environments, devices, and media. For third-party managed environments such as cloud service providers, we employ BSP-sanctioned security protocols and procure BSP approval prior to deployment if needed.
    • We store physical copies of documents containing Customer Data in physical secure vaults.
  • Data Access
    • Customer Data can only be accessed by authorized personnel on a role-based manner following the proportionality principle that authorized personnel can only access Customer Data they need for their role and purpose in BUX.
  • Data Use
    • Customer Engagement
      • We use your contact details with us to communicate with you about your relationship with us. We may ask for feedback, surveys or polls about our products and services.
      • We may send you email or mobile notifications, telephone calls, or newsletters about product and services enhancements and account security reminders.
      • You have the right to opt out from this form of communications with you or choose another means for which we can contact you.
    • Marketing
      • We may use your information for us to send out campaigns of commercial products and services we hope you find interesting, relevant, and useful.
      • We want to establish a more personalized relationship with you by providing you offers that would suit your lifestyle and needs.
      • We perform data analysis on results of our marketing campaigns to measure their effectiveness and relevance.
      • You have the right to withdraw your consent or unsubscribe from receiving personalized offers.
    • Due Diligence and Regulatory Compliance
      • We may use Customer Data to evaluate your eligibility for our products and services.
      • We process Customer Data in compliance with legal obligations and statutory requirements by BSP, and other regulatory agencies.
    • Business Insights
      • We perform data analysis and reporting based on your Customer Data and how we operationalize to aid our management make better decisions.
      • We analyze your behavioral data, your interactions with our products and services, and our communications with you to aid us understand the areas for improvement and development.
      • We analyze transactional data performed through our third-party service providers and partners in order to determine how we can jointly improve our products and services for you.
    • Data Quality
      • We shall process your Customer Data in compliance with the data quality standards imposed by BSP. We may contact you to ensure accuracy and integrity of your information in our data processing systems.
    • Protection and Security
      • We process Customer Data for your account protection against cybercrime, identity theft, estafa, fraud, financial crimes such as money laundering, terrorism financing, and tax fraud.
      • We use appropriate security based on the type and sensitivity of data being stored. As with any internet-enabled system, there is always a risk of unauthorized access. Thus, it is important to protect your password and user credentials. You have to immediately contact us if you suspect any unauthorized access to your Bux account.
      • We take appropriate security measures to protect against unauthorized access, alteration, disclosure, or destruction of your personal data that it collects and stores. These measures vary based on the type and sensitivity of the data. While we have the appropriate security measures in place, it cannot guarantee that communications between you and us, Services, or any information provided you have provided to us (in connection with the data we collect through the Services) always will be free from unauthorized access by third parties. Your password and user credentials are important aspects of our security system. While we do our duty to keep the platform secure at all times, you also have to do your fair share in ensuring that your Bux account and credentials are known only to you. Should you have reason to believe that your password or account has been compromised, you should change it immediately and contact us for any concerns.
    • Data Retention
      • Pursuant to BSP Regulations, retention period for transaction records shall be five (5) years from the date of transaction except where specific laws and/or regulations require a different retention period, in which case, the longer retention period is observed.
      • For financial data and documents which indicate taxable transactions, data shall be preserved for ten (10) years per BIR Regulation.
      • We keep your data as long as it is necessary: a) for the fulfillment of the declared, specified, and legitimate purposes, or when the processing relevant to the purposes has been terminated; b) for the establishment, exercise or defense of legal claims; or c) for legitimate business purposes.
    • Data Disposal
      • After the expiration of the relevant retention period above, we dispose personal data in a secure manner in order to prevent further processing, unauthorized access, or disclosure to any other party.

Data Sharing and Purpose

When you consent to the processing of your Customer Data with us, you also agree to us sharing Customer Data externally with our partners, upon your written and/or electronic consent, for value added services you may find useful and relevant on top of your account with us.

  • Judicial and Investigative Authorities
    We may be mandated to disclose certain Customer Data upon service of legal court orders (i.e. unexplained wealth under Section 8 of RA No. 3019) or express legal request from police, public prosecutors, courts, or dispute resolution providers allowed by law. In these cases, we would notify you of the disclosure to the requesting government authority, subject to limitations imposed by law.
  • Other Regulatory Authorities
    We may also share to regulatory authorities when such other persons or entities we may deem as having authority or right to such disclosure of information as in the case of regulatory agencies, government or otherwise, which have required such disclosure from us and when the circumstances so warrant.
  • Value Added Services
    With your express consent, we may disclose your Customer Data to our partners who collaborate with us to provide services to you and provide joint communications that we hope you find of interest. Through our digital channels, you may instruct other mobile financial technology applications to retrieve your account information, initiate payments or cash-in from your account with us via our Application Programming Interface (API) facility.

Rights of Data Subjects

Under the Data Privacy Act of 2012, you have the following rights:

  1. Right to be informed – you may demand the details as to how your Personal Data is being processed or have been processed by the us, including the existence of automated decision-making and profiling systems.
  2. Right to access – upon written request, you may demand reasonable access to your Personal Information, which may include the contents of your processed personal information, the manner of processing, sources where they were obtained, recipients and reason of disclosure.
  3. Right to dispute – Right to dispute – you may dispute inaccuracy or error in your Personal Information in our systems through our contact center representatives.
  4. Right to object – Right to object – you may suspend, withdraw, and remove your Personal Information in certain further processing, upon demand, which include your right to opt-out to any commercial communication or advertising purposes from the us.
  5. Right to data erasure – based on reasonable grounds, you have the right to suspend, withdraw or order blocking, removal or destruction of your personal data from our filing system, without prejudice to UBX’s continuous processing for commercial, operational, legal, and regulatory purposes. To request for removal of your personal data please contact our Data Protection Officer (DPO) at dpo@ubx.ph. Our DPO will coordinate with the technical team to remove your personal data within seven (7) working days, subject to any additional documentation that the DPO may require. You will receive an email confirmation once the data has been successfully removed.
  6. Right to data portability – you have the right to obtain from the us your Personal Information in an electronic or structured format that is commonly used and allows for further use.
  7. Right to be indemnified for damages – as data subject, you have every right to be indemnified for any damages sustained due to such violation of your right to privacy through inaccurate, false, unlawfully obtained or unauthorized use of your information.
  8. Right to file a complaint – Right to file a complaint – you may file your complaint or any concerns with our Data Protection Officer and/or with the National Privacy Commission through www.privacy.gov.ph

Contact our Data Protection Officer

If you have any questions, concerns, or disputes regarding our Privacy Policy, please feel free to contact our Data Protection Officer at dpo@ubx.ph

 

First name

Last Name

Company email address

Mobile number

 

  • I have read and agreed with the Terms and Conditions and the Privacy Policy of BUx and i2i

Submit button

 

After submission:

 

We have received your response. Thank you!