TERMS AND CONDITIONS

Welcome to Blaggo. These Terms and Conditions shall manage your use of Blaggo which includes its website, App, and the services associated with it (together the “Service”). By accessing, registering, or using the Service, you accept and agree to be legally bound by the T&Cs.

Under these T&Cs, the terms “Blaggo”, “we”, “us”, and “our” refer to Nexity Technologies Inc., together with its employees, directors, affiliates, successor, and assignees.

The terms “you” and “your” refer to users of the Service, as Users, Payers, Account Holders, Recipients, and other users.

These T&Cs shall be effective, valid, and binding from the time you agreed to it and will exist up to the time that it is terminated by you or us, save for those provisions that will remain effective after termination as stated in these T&Cs, laws or regulations.

1. WHAT WE MEAN

   Definitions appearing in these T&Cs shall have the meaning applied to them below.

   1. Account Holder – refers to an individual who uses the Blaggo service (“Service”) and whose name appears on the Blaggo Account.
   2. App Inbox – refers to the system that enables a Biller to send bills, notifications, and other messages to the Blaggo users and vice versa.
   3. Biller – refers to any accredited company authorized to accept bills payment using the Service.
   4. Blaggo – refers to the Blaggo service application running on mobile devices where the Blaggo customer can avail of the Blaggo Service or make use of the Blaggo Wallet.
   5. Blaggo Token – refers to the monetary value which allows customers who registered to the Service to easily and conveniently make payments electronically.
   6. Blaggo Wallet – refers to the Blaggo Account that stores Blaggo Tokens with a Philippine Peso value of 1 Blaggo Token = 1 Philippine Peso, which may be linked to the Account Holder’s mobile phone.
   7. KYC or Know Your Customer – refers to the process of a business identifying and verifying the identity of its customers. The term is also used to refer to the anti-money laundering regulations which govern these activities.
   8. Merchant – refers to a business establishment authorized by Blaggo to sell Blaggo Tokens to use for electronic payments. Interchangeable with a top-up or load-up center as it also refers to any accredited center authorized by Blaggo to perform the Service.
   9. Messaging – refers to the two-way messaging functionality sent through the Blaggo App Inbox.
   10. Online Payment – refers to the payment by an Account Holder to a Biller over the internet.
   11. Overdraft – refers to a deficit in an account caused by drawing more Blaggo Tokens than the account holds.
   12. Peso Value – refers to the equivalent monetary value in Philippine Peso (Php) used as a basis for all account transactions in the Philippines.
   13. Transaction – refers to any and all acts that the Account Holder does to its Blaggo Account to avail of the Services that Blaggo offers.
   14. Transaction Amount – refers to the sum of money which the Account Holder uses in order to effect the Transaction.

2. GENERAL TERMS OF SERVICE

   1. Payment of bills does not require a printed receipt from the Biller. Blaggo shall be affiliating Billers to accept payments via the “Pay Bills” menu. For this transaction, You select the biller to be paid and input payment details and the amount to be paid. Once the details are inputted, You shall see a summary page with the payment details including all fees displayed for confirmation by the Customer. An E-receipt is sent to Your App Inbox which confirms the payment request.
   2. Blaggo reserves the right to modify, suspend, stop, or terminate any of its Service without notice, at any time and from time to time.
   3. You will not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Service or any Instruction being conducted by the Service.
   4. Blaggo reserves the right to verify any activity that is done through the Service, especially if it involves compliance with AML or with other law, rules, or regulation.
   5. Delivery times in our service levels or collaterals are representative of a “normal” or average service and are not a guarantee of an individual Service or transaction time.
   6. We will attempt to process Transactions promptly, but any Transaction may be delayed or cancelled for a number of reasons including but not limited to: our efforts to verify your identity; to validate your Transaction instructions; to contact you; or otherwise to comply with applicable law.
   7. We may, in our absolute discretion, refuse or cancel Transaction Requests, Payment Requests or Transactions if: (a) Blaggo is unable to verify your identity; (b) You do not comply with information requests pursuant to clause 2.4; or (c) Blaggo reasonably believes you are using the Service, or allowing it to be used, in breach of these T&C or any applicable laws, rules or regulations.
   8. If we have executed the Transaction in accordance with the instructions you have provided to us, and that information proves to have been incorrect, we are not liable for the incorrect execution of the Transaction. We will however make reasonable efforts to recover the funds. We may charge you a reasonable fee, reflective of our efforts, to do so.
   9. Fees and other charges shall be in accordance with the Table of Fees and Charges which may be subject to changes upon discretion of Blaggo and in accordance with the law, rules, and regulations.
   10. Any refunds will be credited back to the same Blaggo Account used in the form of Blaggo Tokens.
   11. In order to comply with our obligations under relevant laws, we reserve the right to ask for further information or evidence relating to the purpose of a Transaction.
   12. Account holder authorizes Blaggo and/or any of its Merchants to disclose to third parties any and all information the Account holder has provided and consent to the use and processing of such information by Blaggo and or any of its Merchants or third parties with the transaction or any investigation in relation thereto.
   13. Blaggo identifies the Account Holder through his/her QR Code.

3. YOUR OBLIGATIONS

   1. You agree to abide by the obligations stated under this paragraph.
   2. You will pay all obligations and fees that may be imposed depending on the Service that you availed. Blaggo has the right to deduct from your Blaggo account any and all monies that may be due and demandable by Blaggo. In the event that the amount of the Account Holder’s transactions exceeds the available balance in his/her Blaggo Account (“Overdraft") and the transaction was allowed or consummated for any reason, Blaggo has the right to debit the Overdraft from the Blaggo Account of the Account Holder by way of compensation. If the amount in the Blaggo Account is insufficient to pay for some or all of the Overdraft, Blaggo has a right to collect the Overdraft from other accounts of the Account Holder with Blaggo or ask the Account Holder to top-up his/her Blaggo Account to pay for the Overdraft. Non-payment of the Overdraft after notice has been made shall allow Blaggo to either suspend or close the Account.
   3. You agree not to alter, modify, or cause the alteration or modification, of the Services, without prior written consent from Blaggo. You further agree not to use the Services for any commercial use, without prior written authority from Blaggo.
   4. You agree not to use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any part of the Services, or in any way reproduce or circumvent its navigational structure or presentation, as well as to obtain or attempt to obtain any material, document or information through any means not purposely made available through the Services.
   5. You agree not to gain or attempt to gain unauthorized access to any part or feature of the Services or to any other system or network connected to the Services. You also agree not to gather, harvest, or otherwise collect information about others using the Services without their explicit informed consent; nor restrict, prevent or prohibit any other party from using the Services, including but not limited to such actions which may tend to discourage others from using the Services, such as stalking, flaming or the lashing out at other parties, spamming or the sending of unsolicited information, advertisement or content, flooding or the sending of repetitive message, trolling or the use of insulting or deliberately divisive information, material or content, other forms of annoyances, and the like.
   6. You agree not to circumvent, disable, or otherwise interfere with security-related features of the Services, including those that prevent or restrict use or copying of any content, material or information available on or through the Services, as well as those that enforce limitations on the use of the Services.
   7. You agree to use or access the Services for your information and personal use solely as intended through the provided functionality of the Services. You agree not to copy or download any material or content from or through the Services unless such copying or downloading is explicitly allowed by a visible manifestation thereof such as a “download” button or a similar link ostensibly displayed. You further agree not to engage or attempt to engage in the use, copying, transmission, broadcast, display, distribution or sale of any of the contents, material or information available on or through the Services, including user comments and the like, other than as expressly permitted herein, or as explicitly indicated in the Services, including use thereof for commercial purposes.
   8. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services or its systems or networks, or any systems or networks connected to the Services.
   9. You agree not to incorporate any word in your name, message identification, or custom user title that is defamatory, obscene or profane, or which violates any trademark, service mark, or other intellectual property rights of any third party, including that of Blaggo. You likewise agree not to use any trademark, trade name, service mark, or logo in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logo.
   10. You agree not to use any device or routine to interfere or attempt to interfere with the proper working of the Services or any transaction being conducted using the Services, or with any other person’s use of the Services. You agree that you will not engage in any activity that interferes with or disrupts the Services or the servers and networks which are connected to the Services.
   11. You undertake to provide us with: (a) true, accurate, current, and complete evidence of your identity, and promptly update your personal information if and when it changes; (b) provide us with any identity documentations as may be requested by us; (c) provide us with details of one or more Payment Instruments; (d) provide us with true, accurate, current, and complete information as we indicate on the website is required to receive the Service; and (e) any other information that must be provided for the Service to be properly executed, as specified when you enter the details of the Service you are interested.
   12. Once you confirm the Transaction or ask Blaggo to proceed with the Transaction, you cannot cancel nor reverse such transaction. Blaggo shall proceed with crediting the account of the Biller and once the money or fund is in the account of the Biller, Blaggo cannot reverse nor deduct such account without the proper court order.
   13. You agree not to use the Services for any purpose that is illegal, unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes on the rights of Blaggo or others. You further agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on any content, material or information, either in whole or in part, available on or through the Services, unless you have been specifically permitted to do so by Blaggo or by the owner of that content, material or information in a separate agreement.
   14. Account Holder shall be responsible to check for update/s and download such update/s to the Blaggo App before use. It is understood that Blaggo may disable some functions of the Blaggo App if the Account Holder does not perform the needed update.

4. RESERVED RIGHTS

   1. You understand and agree that Blaggo reserves the right, at its sole discretion but without obligation, to deny access to and / or discontinue the Services or any component thereof to anyone at any time, temporarily or permanently, without giving any reason and/or prior notice to you. You hereby irrevocably agree, affirm, and warrant to hold Blaggo free from any liability, both under equity and the law, arising or that may arise out of any such denial of access to or the discontinuance of the Services.
   2. You understand and agree that Blaggo reserves the right, at its sole discretion but without obligation, to collect, screen, review, flag, filter, modify, block, refuse or remove any and/or all information provided by any user, explicitly or implicitly to and through the Services, including but not limited to hardware information, IP address, browser-type related information, cookies and the like. You hereby irrevocably agree, affirm, and warrant to hold Blaggo free from any liability, both under equity and the law, arising or that may arise out of any such collection, screening, review, flagging, filtering, modification, blocking, refusal, or removal of any and/or all information provided by any user to and through the Services.
   3. You understand and agree that Blaggo reserves the right, at its sole discretion but without obligation, to enhance, improve, develop and introduce new features and functionalities to the Services at any time and without prior notice. You hereby understand, agree, and affirm that any such enhancement, improvement, development, new feature and/or new functionality to the Services shall form part of the Services as defined herein and thus shall likewise be covered by these Terms and its subsequent revisions or amendments, as applicable.
   4. You understand and agree that Blaggo reserves the right, at its sole discretion, to verify, check, cross-refer, validate, and ascertain the veracity and truthfulness of all information supplied by you by acquiring, accessing, retrieving, or otherwise acquiring similar or additional information supplied by you to other third-party service providers, including, but not limited to telecommunications providers, etc. You hereby expressly, unequivocally, and voluntarily allow Blaggo to request for and secure such information, and expressly, unequivocally, and voluntarily instruct such third-party providers to: (a) receive and process Blaggo’s request; (b) favorably act at all times on any such request by producing the information requested; and (c) when requested by Blaggo provide the latter with certified digital or printed copies of the said information.
   5. You understand and agree that Blaggo reserves the right, at its sole discretion but without obligation, to send you or cause to send you service updates and/or messages, notifications, through Your App Inbox, email and/or any data message transmission, informing you of enhancements, improvements, developments, features, functionalities, products, promotions, offers, advertisement and/or any other information relative to the Services and Blaggo. Blaggo makes no warranty of any kind, express or implied, for such service updates and/or messages, but you hereby agree to receive such service updates and/or messages and hold Blaggo free from any liability and/or claims for indemnification or damages that may arise therefrom.
   6. You understand and agree that Blaggo reserves the right, at its sole discretion but without obligation, to set limitations to and charge fees and applicable taxes for the use of the Services, at any time and without prior notice. You further understand and agree that Blaggo reserves the right, at its sole discretion and under no obligation, to change the applicable fees, taxes and charges levied for the use of the Services, at any time and with prior written notice to you sixty (60) days prior to the effective date of change in fees/charges/penalties.
   7. You understand and agree that Blaggo reserves the right, at its sole discretion but without obligation, to change, modify or amend these Terms without prior notice. You hereby understand, agree, and affirm that it shall be your sole responsibility to be aware of any such change, modification, or amendment, which shall take effect immediately upon publication the same way as this original Terms has been published, or upon its availability through the Services and which shall bind you as soon as you use or access the Services regardless of whether or not you are already aware of such change, modification or amendment.
   8. You understand and agree that Blaggo reserves the right, at its sole discretion but without obligation, to enforce the provisions of these Terms. Non-enforcement of any of the rights of Blaggo under these Terms, under the law, or under principles of equity shall not be construed as a waiver thereof. Likewise, no subsequent course of action by Blaggo by you, and/or by any third party, individually or collectively, shall not operate and shall not be construed to operate as abandonment, amendment, or modification of these Terms. You likewise hereby declare, affirm and undertake the sole obligation to indemnify Blaggo or any third party for any damage Blaggo or said third party may sustain as a result of your use of the Services.
   9. You understand and agree that Blaggo reserves the right, at its sole discretion but without obligation, to limit the provision, availability, quantity, and quality of any feature, product, or service to any person or to anyone within the same geographic area, demographic profile, or any other market, commercial, and/or trading segments. You likewise understand and agree that Blaggo reserves the right, at its sole discretion but without obligation, to administer and operate any and/or all of the Services from any or various locations outside the Republic of the Philippines. You further understand, agree and hold Blaggo free from any liability arising therefrom, that not all features, products, or services discussed, referenced, provided or offered through or in the Services are available to all persons or in all geographic locations, or are appropriate or available for use outside the Republic of the Philippines. Any part or the whole of the Services or these Terms are void where prohibited. You hereby understand, agree, and undertake sole responsibility for your continued access to or use of the Services, as well as the results or consequences of such access and use, including the responsibility for compliance with applicable local laws and the sole liability for non-compliance or breach thereof.

5. THIRD-PARTY CONTENT AND SERVICES

   1. The Services contains content provided by third-party services and resources. You acknowledge and agree that we are not responsible or liable for: the availability or accuracy, appropriateness, completeness, or non-infringement of such Third-Party Services; or the content, products, or services available on or through such Third-Party Services. The availability of such Third-Party services does not imply any endorsement by us of such Third-Party services or the content, products, or services available therefrom.
   2. You may not remove, alter or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the application and the services or in any Third-Party Services.
   3. Blaggo makes no representation or warranties whatsoever about any service, content and / or any other resources provided by the Third Party

6. Add Token

   1. Add Token shall refer to the ability of an account holder to Add Blaggo Tokens in the Blaggo Account through accredited merchants. Merchants shall refer to entities, where your Blaggo Account may be loaded.
   2. These merchants are listed in the Blaggo App or Website. Instructions on how to Add Token through the merchants are stated on the Website. Blaggo has the right to add or remove merchants at any time and without prior notice to the account holder.
   3. Blaggo shall accept all the information entered by the Account Holder as true and correct once a transaction is accepted by the merchant and Blaggo or vice versa and shall be conclusive against the Account Holder.
   4. Blaggo shall have the right to establish security features on the use of Add Token by the Account Holder. However, Account Holder shall be responsible for the security of its Add Token transaction and shall hold Blaggo free from any liabilities from any theft or mistake in the transfer of Tokens.

7. LOYALTY PROGRAM

   1. Blaggo, at its sole option, shall run a Loyalty Program on the use of the Service. Your right and obligation in the Loyalty Program shall be covered by the Terms and Conditions specific to the Loyalty Program.

8. FEES, RATES, AND OTHER CHARGES

   1. You agree to pay fees, rates and other charges and applicable taxes, related to the Service and its use, as may be imposed by Blaggo.
   2. All fees are non-refundable.
   3. Fees and other charges, as may be applicable, shall be inclusive of all applicable Philippine taxes and shall be debited from the Account Holder’s Blaggo Account or paid upfront.
   4. Should these fees and other charges result in a debit balance in the Account Holder’s Blaggo Account, the amount shall be due and demandable from the Account Holder and/or debited from the Blaggo account upon the availability or replenishment of Blaggo Tokens thereof without prior notice.
   5. The amount of fees and charges may be revised from time to time as Blaggo may deem necessary.

9. DORMANCY

   1. An account is considered dormant when it does not have any client-initiated financial transaction for a period of one (1) year from date of last transaction, despite reminder from Blaggo or if the Blaggo Account remains inactive and/or not loaded over a fixed period of time as may be required by Blaggo or when the Blaggo Account is not renewed or terminated for any reason and the Account Holder does not convert the Blaggo Tokens in the Account, for the same period of time.
   2. Blaggo reserves the right to charge a dormancy fee five (5) years after the last client-initiated financial transaction in accordance with the Table of Fees and Charges.
   3. In case of dormancy, the Account may be zeroed out as a result of fees charged. In this case, Blaggo shall have the discretion to close or purge the account in accordance with the applicable laws, rules and regulations.

10. APP INBOX

    This section applies to the two-way messaging feature of the Blaggo App.

    1. An Account Holder agrees and authorizes Blaggo to send promotional advertisements of its and of Blaggo partners’ products and services through the App Inbox.
    2. We may send notifications in relation to Transactions through the App Inbox. We will provide you with information after receipt of a Transaction Request enabling you to identify the Transaction, along with details of the amount of the Transaction in the currency used in the Transaction Request, our Service Fee, and the date on which the Transaction Request was received.
    3. The details in the App Inbox confirmation message after every transaction and/or the entries in the Statement of Transactions, for Blaggo Account, are presumed true and correct unless you notify the Service Blaggo Hotline in writing of any dispute thereon within fifteen (15) days from the date of transaction. If no dispute is reported within the said period, all transactions and the entries are deemed true and correct. Disputed transactions shall only be credited back once the claim/dispute has been properly processed, investigated, and proven to be in favor of the Account Holder. The Account Holder shall pay a corresponding processing fee for each sales slip retrieved upon the request of the Account Holder or by Blaggo arising from an invalid dispute.
    4. An Account Holder shall abide and be bound by the instructions and/or procedures of Blaggo during the use of the App Inbox. The Account Holder shall have no claim, recourse or remedy against Blaggo for any loss, damage and expense incurred arising from non-compliance with such instructions and/or procedures.
    5. Blaggo is entitled to effect any changes to the App Inbox, suspend and/or terminate the App Inbox and to vary messages at any time upon its sole and absolute discretion without assigning any reason and without prejudice to any of its rights of action for any antecedent breach of these terms and conditions by an Account Holder.
    6. An Account Holder hereby irrevocably agree to hold free and harmless Blaggo and indemnify Blaggo against all actions, claims, demands, liabilities, losses, damages, costs and expenses of whatever nature as a result of agreeing to this section. Blaggo shall in no way be liable to Account Holder for any action/s it takes in reliance on the App Inbox purporting to be from Blaggo, but does not proceed from Blaggo’s System.

11. BILLS PAYMENT

    Customers may pay bills through the following.

    1. Blaggo App. Account Holder may select any of the billers stated in the Blaggo App, type the account number, enter the amount, then pay. Account Holder should have sufficient Tokens to successfully pay the bills. Blaggo reserves the right to make available the bills payment feature in its application and the billers listed therein.
    2. Payment of bills does not require a printed receipt from the Biller. The act of paying a biller through the Blaggo App or Platform, shall be sufficient evidence that the payment made has been authorized, validated, and cannot be disputed by the Account Holder. Once the transaction has been authorized and consummated, Blaggo shall not be held liable for any non-performance of services, defects, damages, and after-sales services of such goods and/or services, any error in the amount keyed-in or entered, and/or any other dispute between the biller and the Account Holder arising from such payment. The reference number in the App Inbox confirmation shall be the Account Holder’s proof of payment.
    3. All bills payment transaction shall be in accordance with the terms of use as stated herein.

12. BLAGGO ACCOUNT

    1. The Blaggo Account is a reloadable electronic wallet that stores Blaggo Tokens, convertible only at a value of 1 Blaggo Token = 1 Philippine Peso. The Tokens loaded into the Blaggo Account may be used for Online Payments to our partner Billers. It shall not earn interest nor monetary rewards and other similar incentives convertible to cash, nor shall any monetary amount be purchased at a discount. It is not a depository account hence, is not covered by the Philippine Deposit Insurance Corporation (PDIC). It shall be treated as a personal account of the Account Holder and shall not be used to engage in the business of remittance or for any other business purposes, except upon execution of a written agreement with Blaggo allowing such. It is subject to the rules and regulations of the Bangko Sentral ng Pilipinas (BSP) and the Anti-Money Laundering Act (AMLA) and the Data Privacy Act.
    2. An Account Holder is in good standing if all of the required documents and proper KYC has been complied with, and his/her privilege to use the Account is not suspended, canceled, terminated, withdrawn or confiscated and has not expired.
    3. The privileges of the Account may be suspended, canceled or terminated by Blaggo at any time and for whatever cause and the Account Holder agrees to delete his/her Account upon demand by Blaggo and/or branch or by its duly authorized representative.
    4. The Account shall be for the direct use of the Account Holder and shall be held in their own name. Account Holder is prohibited to re-offer or re-sell his/her Account made for him/her.
    5. The Account shall not be used for anything other than what it is intended for and the Account Holder will bear the risk of any breach in the use of the Account.
    6. Without giving any reason or notice, and without prejudice to the other provisions hereof, Blaggo has the absolute discretion (a) to refuse to approve any application for an account; (b) to suspend, terminate or cancel the Account Holder’s right to use the Account; (c) to introduce, amend, vary, restrict, terminate or withdraw the benefits, services, facilities and privileges with respect to or in connection with the Account, whether specifically relating to the Account Holder or generally to all or specific Account Holders.
    7. Loading. Account Holders may use his/her Blaggo Account by loading their accounts through accredited Top-Up Centers or accredited Merchants.
    8. Blaggo reserves the right to impose a minimum and/or maximum amount per load, per account, depending on business needs and applicable law, rules, and regulations.
    9. Disputes of Unauthorized Transactions. Transactions are authorized when either one or all of the following conditions are met: a) Message is sent from the Account Holder’s App Inbox; b) when the Account Holder has successfully unlocked his/her Blaggo Account for internet transactions; or c) once a user is authenticated and logged-in to the Blaggo App, Web Portal, or Platform. This shall be sufficient evidence that any and all activity has been made and validated and cannot be disputed by the Account Holder.
    10. Statement of Transaction. The Account Holder at any time may view his/her statement of transactions by logging-in to the Blaggo App. The mere act of Blaggo, making the Statement of Transactions viewable at any time via Blaggo App, Web Portal, or Platform. Blaggo shall be held free and harmless from any and all liability should the Statement of Transactions be read by a person other than the Account Holder. Neither may Account Holder thereafter raise the defense that he/she failed to receive the Statement of Transactions. In all instances, the Account Holder may inquire about the Statement of Transactions by contacting the PayMaya Hotline. Statement of Transactions as viewed in the Blaggo App, Web Portal, or Platform, shall be a conclusive account of Account Holder’s transaction.
    11. Change of Personal Information. The Account Holder shall immediately notify Blaggo Hotline via telephone or a written notice of any change in his/her residence, office or mailing address and/or telephone number/s, which shall be subject to verification by Blaggo through presentation of proper documents such as, but not limited to true copies of certification from the NSO, marriage certificate, or court order, as proof or evidence of such change. The request shall be considered valid and final upon authentication of user, based on Blaggo verification process. Verification process may be through a Hotline security verification process or verification via the Blaggo App Inbox messaging facility.
    12. Reinstatement and Cancelation of Account
    1. Termination of Blaggo Service. Should the Account Holder: (a) fail to comply with the T&C provided herein; (b) the account contains suspicious/fraudulent activity; or (c) Account Holder dies or becomes insolvent, however evidenced, the right to use the Blaggo account shall be terminated without prior notice.
    2. Blaggo at its exclusive option and without giving any reason and/or prior notice to the Account Holder may block, suspend, cancel and withdraw or terminate the Account and/or its privileges at any time for whatever reason, including but not limited to Account Holder’s default, non-payment, financial incapacity, change in personal and/or economic circumstance, change in residency status or country or territory of stay, failure to provide additional documents requested by Blaggo, misrepresentation and fraud.
    3. In all instances, the Account Holder’s continued use upon suspension or termination shall be considered a fraudulent act and will be a ground for criminal action.
    4. In all instances, any aggregate and unpaid charges, fees and other expenses for which the Account Holder is liable shall immediately become due without the need of demand and may be immediately debited without prior notice from any remaining tokens, funds, money, assets of the aforementioned Account Holder.
    5. In the event of any suspension or termination of the Service, the Account Holder agrees to hold Blaggo free and harmless from any claim, damages, loss, expense, suit or liability whatsoever, arising from such suspension or termination.

13. EXCLUSION FROM LIABILITY

    1. Blaggo makes no warranty, express or implied, regarding the performance or functionalities of the Service offered hereunder.
    2. The Service is offered on an “AS IS”, “AS AVAILABLE” basis without warranties of any kind, other than warranties that are incapable of exclusion, waiver or limitation under the laws applicable to this T&C. Without limiting the generality of the foregoing, Blaggo makes no warranty (1) as to the content, quality or accuracy of data or information provided by Blaggo hereunder or received or transmitted using the Blaggo service functionalities; (2) as to any service or product obtained using the Service functionalities; (3) that the Service will be uninterrupted or error-free; or (4) that any particular result or information will be obtained.
    3. Blaggo shall not be liable for any loss, costs, compensation, damage or liability to the Account Holder or third party arising directly or indirectly as a result of any or all of the following:
    1. Refusal of Blaggo or any other bank, financial institution, Merchant and the like to allow, accept or honor the Blaggo account, even if there is sufficient balance available.
    2. If Blaggo does not approve any service transactions or settlement under the Service of the Account Holder even if there is sufficient balance limit available.
    3. The Service is honored by any other bank, financial institution, Merchant, however payment transaction is not authorized for any reason whatsoever.
    4. Any defective quality of service purchased through the Service.
    5. Adjustments or reversals caused by incorrect entries, a missed or misdirected credit to the Blaggo Account.
    6. Account Holder is unable to perform or complete any transaction thru the use of the Service online payments due to service/system/line unavailability.
    7. Any delay, interruption or termination of the Service transaction whether caused by administrative error, technical, mechanical, electrical or electronic fault or difficulty or any other reason or circumstance beyond Blaggo’s control (including but not limited to acts of God, strike, labor disputes, fire, disturbance, action of government, atmospheric conditions, lightning, interference or damage by third parties or any change in legislation).
    8. Theft or unauthorized use of the Blaggo account or any loss, costs, damages or payable to any third party by the Account Holder.
    9. Any misrepresentation or fraud by or misconduct of any third party, such as but not limited to owners, employees or agents of Top-Up Centers or Merchants.
    10. An Account Holder shall not hold Blaggo responsible or liable for any loss or damage which he may incur or suffer directly or indirectly arising out of or in connection with the Services due to any reason whatsoever including but not limited to breakdown or malfunction of the mobile phone, its terminal connection lines, data processing system or transmission line whether or not belonging to Blaggo or any circumstances beyond Blaggo’s control.
    11. In the event of any unauthorized use of the Service, Blaggo shall not be liable for any inconvenience or damage caused to the Account Holder or any third person. Moreover, Blaggo shall not be liable for any failure by the Account Holder to avail itself of the Service for any reason whatsoever.
    12. An Account Holder shall not hold Blaggo liable or responsible for any loss or damage arising from possible data breach or exposure when using the Service together with their SSS, TIN, and other personal information.
    13. Blaggo reserves the right to hold promo benefits if there is an abuse of the promo or the account is compromised or deemed fraudulent.
    14. Limitation of Liability. In the event of any action that the Account Holder may file against the Blaggo, the Account Holder agrees that the Blaggo’s liability shall not exceed One Thousand Pesos (P1,000.00) or the amount of damages actually suffered by the Account Holder, whichever is lower.

14. DATA PRIVACY NOTICE

    1. As a condition for use of the service, Account Holder permits Blaggo and its subsidiaries, affiliates, and authorized subcontractors to process and/or disclose personal data, including data that may be classified as personal information and/or sensitive personal information under the Data Privacy Act of 2012, to authorized agents, subsidiaries, affiliates, partners, and other authorized third parties, in order to undertake activities that may include, among others:
    2. Conducting analysis for purposes of research and marketing initiatives, including the creation of Account Holder’s personal profile based on his/her interests, preferences, mobility patterns from physical locations that he/she may visit, and other information that may be relevant for marketing and market research purposes;
    3. Managing Account Holder’s account, providing customer care activities, monitoring the quality and security of the network, training the staff, and providing services in a timely and efficient manner, and ensuring your fair and lawful use of the products and services provided by BlaggoStrat.; To process your request, Blaggo shall collect personal information each time you Add Token or do any Transaction, including the your recipient’s personal information, account number and recipient’s mobile number and purpose of the transaction. Gathering this information help us carry out the obligation to credit the funds to the right recipient. This information shall also be shared to your recipient’s bank in order to fulfil the fund transfer request.
    4. Generating statistical insights based on Account Holder’s usage and other information to assist the Government in planning for healthcare, disaster, and other similar initiatives;
    5. Credit scoring programs and initiatives, including but not limited to providing information to the Credit Information Corporation in furtherance of the objectives of Republic Act No. 9501, otherwise known as the Credit Information System Act;
    6. Sending commercial and promotional advertisements, loyalty and rewards offers, surveys, customer-care, and after sales communications, and other broadcast push messages;
    7. Sharing Account Holder’s personal data with BlaggoStrat’s business partners, authorized third-party content providers or other authorized third-party services; and
    8. Such other processing or disclosure that may be required under law or regulations.
    9. The Account Holder’s personal data may be obtained in many ways including through market research activities, Blaggo App, Web Portal, or Platform, and from Blaggo’s subsidiaries, affiliates, business partners, and third-party service providers;
    10. The Account Holder’s personal data will be maintained in BlaggoStrat’s records throughout his/her availment of the service and for as long as necessary for the fulfillment of the purposes for which the information was obtained or for the establishment, exercise or defense of legal claims, or for legitimate business purposes, or as provided by law, rules, and regulations. The Account Holder is afforded certain rights in relation to his/her personal data under the Data Privacy Act, including the right to object to processing, the right to access his/her data, the right to rectification of inaccurate data, and the right to erasure or blocking of data.
    11. In order to provide the highest quality service, we exchange anonymized and non-personally identifiable data with our business partners. For a list of our partners, please visit Partner Merchants.

15. GOVERNING LAW

    These terms and conditions shall be construed and governed in accordance with the laws of the Philippines.

16. VENUE OF LITIGATION

    Venue of all suits shall exclusively be at Mandaue City only to the exclusion of all other courts.

17. NON-WAIVER OF RIGHTS BY BLAGGO

    Failure, omission, or delay on the part of Blaggo to exercise its right or remedies under these Terms and Conditions shall not operate as a waiver. Any such waiver shall be valid only when reduced in writing and delivered to the Account Holder.

18. SEPARABILITY CLAUSE

    Should any term or condition in this Agreement be rendered void, illegal or unenforceable in any respect under any law, the validity, legality and enforceability of the remaining terms and conditions shall not be affected or impaired thereby.

19. AMENDMENTS

    Blaggo may at any time and for whatever reason it may deem proper, amend, revise or modify these Terms and Conditions without further notice. It is the Account Holder’s responsibility to regularly check any changes to these Terms and Conditions. The Account Holder’s continued use of the Blaggo service after any such changes constitutes acceptance of the new Terms and Conditions. Failure to notify Blaggo of Account Holder’s intention to terminate his/her account shall be construed as acceptance by the Account Holder of the amendments to these Terms and Conditions.

20. AGREEMENT

    The Account Holder agrees to be bound by the Terms and Conditions, Terms of Service and the Privacy Policy governing the issuance and use of the Blaggo service. Should the Account Holder disagree with the Terms and Conditions, Terms of Service and the Privacy Policy the Account Holder shall delete the Blaggo Application from his/her device and call or provide a written notice of cancellation to Blaggo service Hotline indicated below, otherwise, the Account Holder shall continue to be liable for all charges incurred through the use of the Blaggo service.

21. NOTICES

    All notice requirements shall be as stated in this T&C. If Blaggo is required to send notice to you, it shall do so through the App Inbox, or registered mail which shall be sent to your registered address.

22. COMPLAINTS HANDLING PROCEDURE

    Our customer's financial questions, needs and feedbacks are very important. If you have any concerns about a procedure or have encountered a problem with our service, you may contact our Customer Service number:

    For any complaints, suggestions and /or comments on the Blaggo service, customers should contact BlaggoStrat’s customer service hotline no.

    You have our assurance that we will handle your concerns with utmost confidentiality and will strive to resolve them as soon as possible.

    Blaggo fully cooperates with the BSP in the handling of complaints.

    Financial Consumer Protection Department of the Bangko Sentral ng Pilipinas (BSP): Tel. No.: (632) 8708.7325; Fax No.: (632) 8708.7345).