Payment Solutions Terms and Conditions

CONFORME

This conforme serves as a deal sheet between G-Xchange, Inc. (GXI) and the MERCHANT for the agreement covering the commercial terms below for a period of 1 year.

COMMERCIAL TERMS

No fee for service. GXI shall provide the Scan to Pay Service, and issue, install, and/or deploy the GCash Scan to Pay Tools free of charge. In exchange, no fee, cost, or expense shall be charged to GXI for the space used or occupied by the GCash Scan to Pay Tools.

No fee for GCash payments. No fee shall be charged to merchant for their use of GCash or of the GCash Scan to Pay feature to pay for their purchases at the Scan to Pay Sites.

Merchant Discount Rate. GXI shall collect a Merchant Discount Rate (MDR) equivalent to 2% of all approved payment transactions made to MERCHANT through the Scan to Pay Service. The MDR is applicable to Individual Merchants and shall be implemented upon approval of the application.

PRE-SERVICE

Pre-Onboarding Requirements. Notwithstanding any proposal, term sheet, or application signed by the MERCHANT, GXI reserves the right to cancel, delay, defer, or suspend delivery of the Scan to Pay Service if the necessary pre-onboarding requirements (as communicated to MERCHANT) are not submitted on time or as requested. Pre-onboarding requirements include basic national and local government registrations, basic corporate or legal documentation, and other relevant documents as may be required by GXI.

Grounds for Non-Delivery of the Scan to Pay Service. Even if Pre-Onboarding Requirements have been provided to GXI and/or a proposal, term sheet, or an application has been signed by MERCHANT, GXI reserves the right not to proceed with delivering the Scan to Pay Service (or, if already rendered, terminate or suspend the Scan to Pay Service), among others:
(a) if it is confirmed that the MERCHANT has made a material misrepresentation or has concealed any material information in its Pre-Onboarding Requirements or in the proposal, term sheet, or application form; or
(b) if MERCHANT is later found to be ineligible for the Scan to Pay Service under GXI’s policies (such as when the MERCHANT is blacklisted due to poor credit standing or has a history of fraudulent acts or practices).

SCOPE OF SERVICE

GCash Scan to Pay Service. GXI shall provide the Scan to Pay Service by enabling GCash Scan to Pay at each of the MERCHANT’s Scan to Pay
Sites, which are stores or branches owned or operated by MERCHANT where the Scan to Pay Service will be installed and/or deployed. Once
enabled, the MERCHANT shall be able to accept payments from customers who use the “GCash” mobile app in their smartphones to scan the Quick
Response (QR) Code featured at the relevant Scan to Pay Site.  To this end, GXI shall provide MERCHANT with the following for each Scan to Pay
Site:

  • GCash Scan to Pay tools and promotional merchandise
  • SMS (text) message or e-mail notifications for each completed transaction, as well as capability to verify transaction status via SMS
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  • Daily/Weekly/Monthly Transaction Reports, as applicable
  • Virtual GCash Wallet and Daily Bank Settlement for Non-Individual Accounts (within banking days only)
  • One-time basic usage and troubleshooting training
  • Merchant Hotline

GXI may modify the implementation of the Scan to Pay Service at any time, subject to timely notice of changes to MERCHANT.
GXI may modify the implementation of the Scan to Pay Service at any time, subject to timely notice of changes to MERCHANT.

USE OF THE SERVICE

Intended purposes. MERCHANT shall use the Scan to Pay Service and Scan to Pay Tools only for the intended purposes. The Scan to Pay Service shall at all times be made available to the public.

USER AND DATA PRIVACY

Information of or relating to users gathered through or on the Scan to Pay Service (including, without limitation, any information considered “personal information” or “sensitive personal information” under the Data Privacy Act of 2012) shall be the exclusive property of GXI and will be dealt with in accordance with GXI’s privacy and security policies, as well as the relevant law and regulations. Under no circumstance shall GXI volunteer, disclose, or share to MERCHANT any personal information or sensitive personal information pertaining to GCash users, and in no event shall GXI process such personal information or sensitive personal information on behalf of MERCHANT. MERCHANT shall exert its own efforts in obtaining any necessary personal information or sensitive personal information from its customers who are GCash users. Above paragraphs notwithstanding, upon MERCHANT’s request, GXI may share usage data from the Scan to Pay Service that is aggregated and/or anonymized in such a way that individual users cannot be identified or ascertained, such as: (a) total number of merchant’s customers who use GCash Scan to Pay, (b) average amount of e-money used for payments to the merchant, and (c) merchant’s average volume of GCash payments per month.

DATA SHARING

The MERCHANT hereby consents to and authorizes GXI, its subsidiaries and affiliates such as, but not limited to, Fuse Lending, Inc., Globe Telecom Inc. and Globe Fintech Innovations, Inc., and/or its third party partners contracted by GXI to use and process data including personal data that may be collected by conducting its operations. Use and processing of data shall include but not limited to risk management, sales and marketing activities, communications relating to their products and/or services, product and system development and innovation, customer experience management and improvement, and market research.

The MERCHANT shall adhere with applicable privacy laws in the lawful and secure processing of personal data to protect against breach of confidentiality, integrity and availability.

COMPLIANCE WITH AMLA-CTF

In compliance with the provisions of Republic Act No. 9160, also known as the “Anti-Money Laundering Act of 2001” (AMLA), as amended, and Republic Act No. 10168, also known as the “Terrorism Financing Prevention and Suppression Act of 2012” (TFPSA), the MERCHANT will adhere to the strictest sense that it will cooperate and will report to GXI all transactions that in any way may be connected with or in violation of the AMLA, TFPSA, and all related laws. This is to protect and preserve the integrity of the GCash financial system, including the confidentiality of all related accounts, to ensure that this business engagement shall not be used as a money laundering site for the proceeds of any unlawful activity and that the Merchant Partner will extend cooperation, consistent with GXI’s policy on AMLA-CTF, in investigations and prosecutions of persons involved in money laundering activities wherever committed in conjunction with this business partnership.