JAZZYPAY, INC., as the operator of JAZZYPAY welcomes you to its website (www.JazzyPay.com) and mobile app. Prior to registering, accessing and using the website and mobile app, please read carefully the Terms and Conditions (“T&Cs”), including its Privacy Notice, as detailed hereunder.
Acceptance
By registering to JAZZYPAY, creating an Account, and availing of our services, you hereby agree to be bound by these T&Cs. The T&Cs shall be valid and binding upon you from the time of your registration and/or availing of our services until such time that your registration is terminated, except for the specific terms and conditions that survive termination contractually and legally. We reserve the right to modify these T&Cs without prior notice and such changes or amendments shall be immediately effective upon the posting of these T&Cs in the website and mobile app. As such, you hereby agree to such changes and we encourage you to periodically visit these T&Cs to be informed of the latest and updated version of these T&Cs. At any rate, JazzyPay will send a Notification Update whenever there are changes in these T&Cs.
By accepting these T&Cs, you hereby warrant and represent that you are of eighteen (18) years old and have not been previously suspended and removed by us to avail of our services. For corporate accounts, you hereby warrant and represent that you are duly authorized to avail of our services and that your representatives including your officers, employees are likewise authorized to transact, avail of our services and to legally bind you to these T&Cs and all transactions made under your corporate account and password.
As an Account holder, you hereby agree not to impersonate any person or entity, or falsely state or otherwise represent your identity, age or affiliation with any person or entity. The failure to do so constitute a breach of these T&Cs, which shall result in the immediate termination of your Account. You also hereby agree that JAZZYPAY has the sole prerogative and right to suspend or terminate your use of the JazzyPay website and mobile app in the event that you violate these T&Cs. You further agree that we shall be entitled at any time, at our sole discretion and without prior notice, to temporarily suspend the operation of the website and/or mobile app for updates, maintenance and upgrading purposes without any liability from its end.
Definition of Terms
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Account |
The Account you created on the website and mobile app |
|---|---|
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JazzyPay, Inc. |
The operator of www.jazzypay.com and the JazzyPay mobile app |
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Merchants |
The merchant partners of JazzyPay |
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One-Time Password |
The combination of numbers sent to your registered mobile number |
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Payment Transaction |
The transaction you requested for JazzyPay to facilitate payment and/or fund transfer by using the website and the mobile app |
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Processing Fees |
The amount you pay JazzyPay to facilitate the Payment Transaction |
How To Use JazzyPay Website and Mobile App
JazzyPay website and mobile app enables you to make Payment Transaction to our Merchants. In using the website and mobile app, you agree not to use this for any other purpose than to access your Account, perform the Payment Transaction and not to permit or enable any person to access Your Account. You also agree not to reproduce, modify or reverse engineer, modify, decompile website or mobile app or permit any other person to do so.
In making a Payment Transaction, you will be required to input the required payment details, your name and contact information, purpose of the Payment Transaction, the amount to be paid or transferred, the payment methods and other necessary information to complete the Payment Transaction.
Once all information are provided, User will be redirected to a secure payment page to make credit card, debit card or online banking payments. After successful payment both the user and merchant will receive a payment confirmation by Email and/or Text message.
Once you submit and confirm the Payment Transaction, we shall be under no obligation to accept any amendment or cancellation afterwards. You must follow all relevant guidance whenever you operate the website and/or the mobile app. In case there are changes to the way you should operate them, we will notify you of such changes. JazzyPay website and mobile app will be available 7 days a week, 24 hours a day but there is no warranty that the same will be available at all times and shall be subject to any downtime due to unforeseen circumstances and scheduled maintenance. Any Payment Transaction received after our normal working hours will be processed on the next business day.
How to Access the JazzyPay Website and Mobile App
We will issue security codes for you to access your Account and/or to avail of our services. We may also issue separate requirements, restrictions, instructions, activation and access procedures, or any additional conditions pertaining to the access and use of the website or mobile app.
In accessing JazzyPay website and mobile app, you undertake to secure your Account and your passwords must be strictly kept confidential and must not be disclosed to anyone else. In the event that you lose possession or control of your device in which you access JazzyPay website and mobile, you must immediately notify and instruct us to restrict the access of your Account. Until and unless you notify us, all Payment Transactions made which are associated with Account shall be deemed correct, valid and issued by you. As such, you hereby hold us free and harmless from any and all liability arising from such erroneous Payment Transaction due to unauthorized access of your Account without our fault or negligence. Conversely, you agree to indemnify us against any and all liabilities, losses, claims and damages as a result of your negligence, breach or non-compliance with the provisions of these T&Cs or as a result of you losing your devices or disclosure of your passwords.
Conduct Not Allowed or Prohibited
In addition to the restrictions and limitations stated elsewhere in these T&Cs, you agree not to: (i) use or access JazzyPay website or mobile app to facilitate or support any act or omission by any party that violates these T&Cs or any laws in any jurisdiction, including but not limited to rules and regulations relating to anti-money laundering, illegal gambling activities, fraud, or funding of terrorist organizations, among others; (ii) infringe our or any third party’s intellectual property rights, rights of publiciy or privacy; (iii) intentionally interfere with or damage operation of our payment platforms or any other user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code or file with contaminating or destructive features; (iv) use our platforms in a manner that results in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties and other liability to us, a third party or you; and (v) use the platforms in a manner that we or any payment card network reasonably believe to be an abuse of the payment card system or a violation of payment card network rules.
Limitation of our Liability
The availability and proper functioning of our website and mobile app are dependent on many variable circumstances, including location, mobile network availability and signal strength, proper functioning of hardware, software and the device, and we shall not be liable for any loss or damage that may result directly or indirectly from any unavailability or improper functioning of the website or mobile app for any reason. You accept that there are risks when using internet as a reliable means of communication and should you decide to communicate and use of our payment platforms, you should do that entirely at your own risk and without any liability from us.
You are responsible for the accuracy and correctness of all information and details transmitted through our platforms. As such, we are not responsible to verify or further refer the correctness of such information.
You accept that we will not be liable for any delay or non-payment if it was caused by an error on the details of the beneficiary or failure to identify the beneficiary or delay or failure to act by the receiving party.
We do not represent or warrant that our payment platforms will be (a) available to meet the requirements; (b) uninterrupted and no delays; (c) free from failures, errors or omissions or loss of transmitted information; or (d) free from viruses or other contaminating or destructive properties that can damage your device’s operating system.
You accept that we will not be liable to you or any other person for any negligence, breach, misrepresentation, claim, delay, expense damage or any other liability including legal cost, any loss however caused and irrespective of whether any claim is based on the loss of profit, business revenue, investment, goodwill, interruption of business or anticipated savings or loss of data which arises from (i) our acting or failing to act upon any of your instructions; (ii) any error contained in the information you have provided through our platforms; (iii) access or use of our platforms in the manner or purpose not authorized by us or by you; (iv) malfunction or breakdown of access to our platforms; and (v) any events beyond our control.
In no event will JazzyPay, its affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the website, any websites linked to it, any content on the website or such other websites or any services or items obtained through the website or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, los of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
Our Disclaimer
To the fullest extent permissible pursuant to applicable laws, we and our Merchants, licensors and suppliers disclaim all warranties or guarantees – whether statutory, express or implied – including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by you will create any warranty or guarantee other than those expressly stated herein.
The JazzyPay website and mobile app are provided on an “AS IS”, “AS AVAILABLE” and “WITH ALL FAULTS” basis and without warranties or representations of any kind either express or implied. WE AND OUR MERCHANTS, LICENSORS, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OUR PAYMENT GATEWAY OR ANY REFERENCE SITES/PLATFORMS/APPS/SERVICES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU UNDERSTAND AND AGREE THAT YOUR USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH OUR PLATFORMS OR ANY REFERENCE SITES/PLATFORMS/APPS/SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM AND MOBILE DEVICE OR ANY OTHER EQUIPMENT) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA. WE DO NOT AUTHORIZE ANYONE TO MAKE ANY WARRANTY ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THIS AGREEMENT. IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS INFORMATION AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE OUR PLATFORMS.
The failure on our part to insist upon a strict performance of any of the terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of such terms, conditions or covenants, nor shall it be construed as a condonation of any subsequent breach or default of the terms, conditions and covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect.
Data Security and Privacy
We are committed to securing and protecting your data, which includes your personal and sensitive information using up-to-date and reliable technologies. In registering and using our platforms, you hereby agree to our Privacy Notice and Policy.
Our Intellectual Property
The software or computer program used in our platforms and all of website or platform contents, including but not limited to the writing, images, files, information, data, website framework, website layout and website design, are legally owned and possessed by JazzyPay, Inc. or other right-holders with intellectual property rights. The said rights include but not limited to the trademarks, patents, copyrights, business secrets and proprietary technology. Any use, amendment, reproduction, public transmission, rewriting, spread, issuance or publication thereof or thereto is strictly prohibited In case you desire to quote or reprint the aforesaid software, computer program or website contents, it is a must that you secure a written agreement from us or other right-holders. Respecting the intellectual property rights is your obligation and you shall comply therewith. If not, you shall be liable for damages (including but not limited to the litigation fees and lawyer fees).
Termination
We have the right to terminate or suspend your Account and the access to platforms immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you have violated any provision of these T&Cs. Upon termination, your right to use the platforms will immediately cease. If you wish to terminate your Account, you may simply discontinue using our platforms.
Governing Law and Venue of Dispute
These T&Cs shall be exclusively governed by Philippine laws. If any provision of these T&Cs is held by any competent authority to be invalid or illegal or unenforceable, in whole or in part, the validity, legality or enforceability of the other provisions and the remainder of the provision in question shall not be affected. Any dispute or controversy arising from these T&Cs shall be lodged at the exclusive option of JazzyPay, Inc.
Customer Support
We care for your concerns. In case you need to contact us on any aspect of our services, you can reach us at support@jazzypay.com or by calling us at +632 8994 9856.
Last updated: March 12, 2021