Terms and Conditions of Use
This TCU constitute a legal agreement between SmartSari and users of or visitors to the Platform including without limitation, potential or actual purchasers of our products, and visitors exploring the Platform.
By accessing the Platform, whether via a computer, mobile device or otherwise, you agree that you have read, understand and accept these TCU. Please read these TCU carefully as they contain very important information regarding your rights and obligations, as well as conditions, limitations and exclusions that might apply to you.
This TCU is divided into the following sections:
- Definition of Terms
- Terms of Acceptable Use
- Transactions and Purchases
- Reimbursement of Funds
- Privacy of Personal and Other Information
- Applicable Law and Dispute Resolution
- Sanctions and Actions on Accounts
- Termination/Change of Third Party Services
- Disclaimer of Warranty and Limitation of Liability
- Modification and Updating of Terms and Conditions of Use
- Intellectual Property
- Provisions Surviving Termination
B. Definition of Terms
“SmartSari App” shall refer to the SmartSari application running on mobile devices where the SmartSari User can avail of SmartSari services.
“SmartSari Balance” shall refer to the User's balance on the SmartSari apps.
“SmartSari Customer Support” is the service provided by SmartSari to Users and concerned parties that provides information, support and other forms of assistance in connection with any issues, queries or disputes on the Platform.
“Know Your Customer” or “KYC”, also known as customer verification, shall refer to the process of establishing and recording the true and full identity of SmartSari Users as required by Republic Act (RA) No. 9160, otherwise known as the Anti-Money Laundering Act of 2001, as amended, its Implementing Rules and Regulations, and other pertinent regulatory issuances to prevent fraud and other crimes.
“One Time Password” or “OTP” shall refer to the time-limited xx (xx)-digit security personal identification number requested by a SmartSari User for a transaction, received through official SmartSari communication channels, and is valid for only one login session or SmartSari transaction.
“SmartSari Payment System” is the payment system operated by SmartSari and/or an authorized third-party provider that facilitates payments and transactions on the SmartSari Platform.
“SmartSari Platform” or “Platform” shall refer to SmartSari's official website (www.smartsari.com), microsites, other official sites, and the SmartSari App (based on Android) and other supporting applications that can be access through laptop, computer, mobile device or other devices.
“Related Parties” shall refer to employees, contractors, representatives, affiliates, and subsidiaries of the SmartSari Group of Companies who cooperate in providing the services under the SmartSari Platform.
“Short Message Service” or “SMS” shall mean a communications protocol allowing the interchange of short text messages between mobile telephone devices.
“Third Party Provider” or “Authorized Third Parties” shall refer to those that provide professional, financial, technical and other allied services that are not directly operated or controlled by SmartSari, and, under contractual and other binding agreements.
“Third Party Service” shall refer to any services that are not directly operated or controlled by SmartSari but are provided to users on the Platform in accordance with prevailing contractual (including, data-sharing or outsourcing) agreements.
“SmartSari User” or “User” shall refer to a person who registers a User account to transact on the SmartSari Platform, the SmartSari website and App.
- Loading of Telecommunication Airtime (eloads) and ePINS, Direct-To-Home (DTH) e-PINs and other prepaid products;
- Global game top-ups and subscriptions; and,
- Other products which will be rolled out in the future.
The SmartSari Payment System offers several payment channels to facilitate convenient and secure transactions on the Platform. SmartSari has commercial and cooperative arrangements with licensed and duly-Authorized Third Party Service Providers (bank and non-banks) who are regulated by concerned government agencies to protect Users. These channels include:
- Bank Transfer (Direct Debit)
- Over-the-Counter/OTC (eg. payment via 7-Eleven and other Authorized Third Party)
- eWallets (eg. Grabpay, PayMaya and other Authorized Third Party)
SmartSari Customer Support addresses requests, feedback and customer needs which are our priority. It is a service intended to increase customer satisfaction and maintain the highest standards of consumer protection.
If you have any concerns about a procedure or have encountered a problem with our service, visit the customer support. All information disclosed shall be treated with utmost confidentiality and will be resolved in the most efficient and effective manner.
D. Terms of Acceptable Use
- Users shall register their own User account and SmartSari App profile page by providing their personal details and information in accordance with pertinent KYC rules and regulations to prevent fraud and authenticate their identity.
- You are to provide only true, accurate, complete, and current (updated) personal information and only such information you have the right to disclose and provide. User shall not misrepresent or disguise their identity on the Platform, including the SmartSari website or App.
- Your User details and the information in your SmartSari App profile page are strictly confidential to protect your personal information. You shall not disclose said information to any third party. You hereby declare, acknowledge, and affirm that SmartSari shall be deemed free and blameless for any consequences, damage or loss arising from your improper disclosure of said information, authentication and/or access codes to third parties.
- 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 SmartSari App 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 SmartSari Platform, including the SmartSari website and App.
- You agree not to use any personal or corporate information (including addresses, contact numbers, e-mail addresses) or intellectual or proprietary information (such as trademarks, trade names, service marks, platforms or logos) in a way that is likely or intended to cause confusion about the owner or authorized user of such proprietary information or intellectual property.
- Nothing in this TCU authorizes you or any User to appropriate, use or gain any interest in any intellectual property of SmartSari nor any of its Related and/or Authorized Third Parties, including using any of SmartSari marks, logos or any other proprietary property as your profile photo (avatar), creating or generating NFTs (Non-Fungible Token), memes or any other media.
- Users shall be solely responsible for illegal, improper or unauthorized use of confidential, proprietary and/or personal information or intellectual property.
- All transactions shall be paid through the SmartSari Payment System. More information about the use of SmartSari Payment System can be learned in the SmartSari Frequently Asked Questions (FAQ).
- Reports and/or complaints coursed through the customer support shall be submitted in good faith.
- Users are strictly prohibited from uploading, using and/or disseminating offensive, threatening, racist, misleading, slanderous (defamatory), discriminatory, demeaning words, comments, pictures, or any other content that may be considered contrary to accepted social values and norms. SmartSari may take such necessary action to prevent such dissemination and impose restrictions on the responsible account, including removal of content, blocking of accounts, and the like.
- Users shall respect the privacy and other legal, statutory and other rights of other Users.
- Users shall not send or disseminate spam, marketing, advertising or unsolicited messages for their own commercial or personal interests through any of the official communications channels in the Platform.
- Users shall not employ or disseminate viruses, trojans, worms or any other malware on the Platform, including the SmartSari website or App. User shall not employ any other digital or physical means to interrupt, interfere with and/or damage any of the systems or services on the Platform, including the SmartSari website or App.
- Users shall be diligent in logging out of the account at the end of each session.
- Users shall notify SmartSari of any unauthorized use of the User's password or account.
- SmartSari shall not charge Users for any fee for registration.
- Users shall be responsible for the confidentiality and security of their SmartSari account and access codes and information (i.e., OTP sent via SMS and/or any other authentication codes) in their custody and safekeeping, such as exercising digital due diligence and hygiene, restricting access, creating strong passwords and safeguarding thereof, and using multi-factor authentication.
- For more technical Information and Security Guide please click here.
E. Transactions and Purchases
- Users shall periodically update their account profile in the event of any changes in their personal information.
- Payments on transactions shall be in accordance with the payment method/s selected by Users. Payments to SmartSari shall be made upon completion of each transaction.
- Users are obliged to read and understand the product description prior to making any purchase.
- Each purchase is a legally binding obligation. Exercise care prior to and making any purchase.
- Each purchase is a transaction between SmartSari and the User. SmartSari provides the platform and facilitates the sale and transfer of ownership.
- Only transactions made through the Platform using the SmartSari Payment System shall be honored. SmartSari is not responsible for the losses suffered by the User if they make payments outside the SmartSari Payment System.
- Proof of transactions (such as screenshots, etc.) are sensitive information and Users are directed to keep the same and the information contained therein confidential.
- User confirms that any completed transaction or purchase on the Platform shall be binding and any payments or disbursements made for said purchase shall be for the account of User.
- Promotions may be held on the SmartSari Platform from time to time in accordance with specific terms and conditions for each promotional activity. To participate, Users shall carefully read and understand said terms and conditions beforehand.
- Users may receive the latest promo information and exclusive offers on the App and other official channels. Users may unsubscribe if they do not wish to receive such promos and marketing information.
- Each User shall be allowed to participate with only one (1) account for each promotional activity. In the event a User uses more than one (1) account to participate, only one (1) account may receive the benefits from such promotional activity, without prejudice to any actions on the other accounts or transactions that SmartSari may take, including transaction and voucher cancellations, account suspension, as may be appropriate.
G. Reimbursement of Funds
In the event a transaction fails or is rejected, and credits are expended or deducted from the User, Users shall provide proofs for verification purposes and after SmartSari's team verifies the inquiries:
- if the payment was transferred via OTC or eWallets, User will receive reimbursement from SmartSari; or
- if the payment transferred via bank transfer, SmartSari will transfer back the balance into the User's source of fund.
Reimbursement of funds for failed or rejected virtual product purchases:
In the event a User fails to receive purchased phone or telecommunications airtime credits, SmartSari's representative, prior to reimbursement, shall ensure that data verification has been completed, including such information as the User's Transaction ID, proof of payment, and username. After verification, SmartSari's representative shall communicate via official live chat or e-mail to inform the User that the refund process has been initiated and the purchase amount shall be returned to the User's SmartSari Balance.
In the event a User fails to receive purchased game vouchers, SmartSari's representative, prior to reimbursement, shall ensure that data verification has been completed, including such information as the User's Transaction ID, proof of payment, and username. After verification, SmartSari's representative shall communicate via official live chat or e-mail to inform the User that the refund process has been initiated and the purchase amount shall be returned to the User's SmartSari Balance.
- Phone Credit
H. Privacy of Personal and Other Information
- Personal information collected, handled, and stored on the platform shall be processed in accordance with the General Data Privacy Principles of Transparency, Legitimate Purpose, and Proportionality as defined by Section 11 of Republic Act (“RA”) No. 10173 or the Data Privacy Act (“DPA”).
- SmartSari has and maintains commercial and cooperative endeavors with Related and Authorized Third Parties that may require access to personal information and data sharing, under prevailing data-sharing or outsourcing agreements in compliance with applicable law and regulations, for the provision and development of various functionalities, processes, and services.
- SmartSari shall keep personal information private and confidential, however, it is bound to abide by orders, requests and other processes necessary to carry out the functions of public authority which includes the processing of personal data for the performance by the independent, central monetary authority, judicial courts, and law enforcement and regulatory agencies of their constitutionally and statutorily mandated functions in accordance with the Data Privacy Act.
I. Applicable Law and Dispute Resolution
- Any dispute, controversy or claim arising out of or relating to this Agreement, or the breach, termination or invalidity thereof, shall be addressed first through good faith and amicable negotiations between the Parties. In the event good faith and amicable negotiations fail, said dispute or controversy, prior to legal or judicial action, shall be referred for arbitration in the Philippines in accordance with the Philippine Dispute Resolution Center, Inc. (PDRCI) Arbitration Rules at present and in force. The number of arbitrators shall be one to be appointed by the Chairman of the Philippines Dispute Resolution Center Inc. The language to be used in the arbitration proceedings shall be English.
- In the event of litigation, said case/s shall be commenced and tried before the competent courts of Makati City to the exclusion of all others.
K. Sanctions and Actions on Accounts
- account blocking;
- freezing of SmartSari Balance and credits; and/or
- reporting to the authorities.
User agrees that any damage or loss suffered by SmartSari and/or any Related or Authorized Third Party due to User Violations have a material impact on the continuity of services and may damage the goodwill and reputation thereof. Such damage or loss is difficult to determine with certainty and there is no sufficient legal remedy to compensate for the same. Therefore, User agrees that SmartSari and/or any Related or Authorized Third Party has the right to take all necessary actions to protect its interests and good name, the Platform, and resort to any legal remedies, including any preliminary and/or injunctive relief available under law.
Any sanctions or actions on User accounts may be contested through the SmartSari Customer Support within seven (7) calendar days from notice thereof or receipt of the Violation Mitigation Action from SmartSari. Sanctions or actions on User accounts shall not prejudice or be interpreted as limiting the rights of SmartSari and/or any Related or Authorized Third Parties to employ other measures and remedies under law and applicable rules and regulations.
L. Termination/Change of Third Party Services
- User agrees not to hold SmartSari responsible for any damage or loss (including but not limited to loss of money, reputation, profits, or other intangible losses) resulting directly or indirectly from the use of Third Party Services on the SmartSari Platform. Users are advised to read the terms and conditions provided by the Third Party carefully. Users shall direct such claims and/or disputes to the concerned Third Party.
- SmartSari has the right from time to time to change/stop/suspend third-party services and/or services without the consent/notification of the User.
M. Disclaimer of Warranty and Limitation of Liability
- SmartSari App is a digital platform with the type of Online to Offline (O2O) model, which allows Sari-Sari stores, once they become a User, to purchase and resell prepaid digitals products on the SmartSari Platform. The transactions that occur are transactions and legal relationships between SmartSari and the Users.
- SmartSari endeavors to maintain the quality of the SmartSari services and the Platform as a safe, comfortable and functioning environment. User agrees that circumstances beyond the control of SmartSari may affect the reliability and consistency of said services and the accessibility of the Platform, including the SmartSari website and App. In no event shall SmartSari be liable to User, whether in contract or in tort or under any other legal theory (including, without limitation, strict liability and negligence) for lost profits or revenues, loss or interruption of use, lost or damaged data, reports, documentation or security, or similar economic loss, or for any indirect, special, incidental, consequential, punitive, or similar damages, arising out of or in connection with the performance or non-performance of this TCU. User affirms and acknowledges that no platform or system is entirely secure against unauthorized access, cyber-threats, or will be free of errors or omissions arising from or during internet transmission.
- With regard to claims by third parties, each party shall indemnify the other to the extent the misconduct or negligence of the indemnifying party causes liability to the other party. User shall indemnify SmartSari against claims by User's customers in connection with transactions not facilitated on the Smartsari Platform. User shall be solely responsible, and SmartSari shall have no responsibility, for payments disputed by third parties.
- In no event shall SmartSari liability under any claim made by User exceed the total amount of digital product paid by User to SmartSari. No action, regardless of form, arising out of or in connection with this TCU may be brought by User more than one (1) year after the first to occur of (i) the event giving rise to such cause of action or (ii) the termination of User's account with SmartSari.
User agrees and affirms not to hold SmartSari and/or any Related or Authorized Third Parties responsible for any damage or loss (including but not limited to loss of money, reputation, profits, or other intangible losses) resulting directly or indirectly from the following:
- User's inability to access or use the SmartSari App;
- Delays or interruptions in the SmartSari Services;
- Negligence or fault of the User;
- Violations of the prevailing laws and regulations of the Philippines by the User;
- Misuse and/or improper use of SmartSari Services by the User;
- Breach and misuse of personal information by Users;
- Payments made outside the SmartSari Payment System and Platform, including the SmartSari website and App;
- Unintended interruptions, bugs, errors or inaccuracies or those arising from circumstances beyond the control of SmartSari;
- Damage to User's device or hardware from the improper or inappropriate installation or use of any SmartSari software or services;
- Unforeseen or unavoidable hacking or malware attacks by malefactors and other third parties;
- Interruptions in the service/s arising from unforeseen or unavoidable circumstances or those beyond the control of SmartSari;
- Network disruptions arising from regular, scheduled and/or emergency maintenance on the Platform, including the SmartSari website and App;
- Negligence and misuse of User accounts, access and/or authentication codes; and,
- SmartSari is not responsible for any loss and/or damage that may arise from use of unauthorized hyperlinks anywhere on the SmartSari Platform.
N. Modification and Updating of Terms and Conditions of Use
O. Intellectual Property
- All contents included in or made available through the SmartSari Platform, including the SmartSari website and App, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations are the property of SmartSari or its content suppliers and protected by Philippine and international intellectual property laws.
- Graphics, logos, page headers, button icons, scripts, and service names included in or made available through the SmartSari Platform, including the SmartSari website and App Website, are protected intellectual property. SmartSari intellectual property may not be used in connection with any product or service that is not undertaken or authorized by SmartSari Related and/or Authorized Third Parties, in any manner that is likely to cause confusion among its Users or the general public, or in any manner that disparages or discredits said parties.
P. Provisions Surviving Termination
Obligations and undertakings in connection with or relating to confidentiality, protection of intellectual property and data privacy rights as well as those guaranteed by law shall survive the termination of this Agreement and the deletion of any User account for any reason.
All rights not expressly granted herein are reserved.
Last Updated Date: June 27, 2022