1. Definition of Terms

As used herein, unless otherwise specified:

1. "BDO" shall mean BDO Unibank, Inc., its successors-in-interest and assigns.
2. "BDO Checkout” shall refer to the web page or feature which allows a Buyer to perform any or all of the following:
   1. Send payments to a Merchant; and
   2. Such other functionalities that may be designed for BDO Checkout
3. “Merchant” shall mean the users of BDO Checkout for the purpose of receiving payments from Buyers.
4. "Buyer" shall mean the user of the BDO Checkout for the purpose of sending payments to merchants
5. "Device" shall mean any computer, smart phones, and tablets, used by the Buyer to access the BDO Checkout.
6. “Issuing Bank” shall mean any bank or financial institution that issues Stored Value, Debit, and Credit Cards to consumers on behalf of card networks including but not limited to: Visa, MasterCard, America Express, JCB, and UnionPay
7. “Mobile Wallet” shall mean any virtual wallet that stores payment card information which allows you transfer money to and from a bank account

2. General Rules Governing the Use of BDO Checkout

Buyer hereby agrees to be bound by the following general rules governing the use of the BDO Checkout:

1. BDO Checkout allows Merchants to facilitate receipt of payments for goods or services or donations by credit or debit card, bank transfer, mobile wallets, and third party payment channels.
2. These transactions are strictly between Merchants and Buyers who pay them.
3. In order to access the BDO Checkout, Buyer must receive a payment link from a BDO Checkout accredited Merchant.
4. By using the facility, the Buyer warrants that he understands and accepts the Merchant Policies including but not limited to delivery fees, refunds, cancellations, returns and exchange of product. Buyer further authorizes Merchant to share correspondences regarding this matter with third parties when legally required.
5. BDO Checkout will be made available to Buyers for free.  Provided, however, nothing herein shall restrict or prohibit BDO, other issuing banks, or other mobile wallet providers from imposing fees specific to the Buyer’s account used to perform a BDO Checkout transaction.
6. The Buyer has full responsibility over the security of his/her Device/s while accessing or using the BDO Checkout. All transactions made through said Device/s whether, valid or fraudulent, authorized or unauthorized, shall be for the account of Buyer.

    

3. Disclaimer

BDO shall not incur liability in any of these cases:

1. Merchant misrepresents BDO Checkout to Buyer and uses the brand name to perpetrate fraudulent or unlawful acts
2. BDO is unable to receive or execute any of the requests from Buyer due to reasons beyond the control of BDO;
3. There is loss of information during processing or transmission or any unauthorized access by any other person or breach of confidentiality due to reasons beyond the control of BDO;
4. There is a loss of any kind, whether direct or indirect, incurred by Buyer or any other person due to any failure or lapse in the BDO Checkout
5. There is a failure or delay in transmitting of information or there is an error or inaccuracy of information or any other consequence arising from any cause beyond the control of BDO which may include technology failure, mechanical breakdown, power disruption, and analogous circumstances;
6. There is a failure, delay, interruption, suspension, restriction, or error in transmission of any information or message to and from the Device of Buyer and the network of any service provider and BDO's system;
7. There is a breakdown, interruption, suspension or failure of the Device of Buyer, BDO's system or the network of any service provider and/or any third party who provides such services which causes a delay or failure to provide the BDO Checkout;
8. BDO Checkout is not compatible with / does not work on the Device of Buyer;
9. Claims that resulted from breach or failure of Buyer to perform any obligation and/or warranties covered by the BDO Checkout Terms and Conditions and/or separate agreements with Third Party Licensors, regardless whether such breach or failure is done willfully or not or merely by negligence or lack of knowledge;
10. There is a loss or claim of any kind, including but not limited to loss of data or information arising from any unauthorized, unlawful, or fraudulent access to or use by any third party of the Device of Buyer, which includes hacking, or when the Device has been subjected to tampering, or is non-compliant with the standards of the manufacturer, such as but not limited to cases of "jailbreaking", "rooting", "unlocking", use of outdated or unlicensed software systems, or other similar activities.
11. BDO, its employees, agents or contractors shall not be liable for any loss or damage whether direct, indirect or consequential, including but not limited to loss of revenue, profit, business, contracts, anticipated savings, goodwill, or loss of use or value of any equipment including software, whether foreseeable or not, suffered by Merchant or Buyer or any person from or relating to any delay, interruption, suspension, resolution, or error in receiving and processing the request and in formulating and returning responses.

4. Indemnity

In consideration of BDO providing BDO Checkout to Buyer, Buyer agrees to indemnify and hold BDO, its directors, officers, employees and assigns, free and harmless against all actions, claims, demands, proceedings, loss, damages, costs, charges and expenses which BDO, Buyer or any third party may at any time incur, sustain, suffer or be put to, as a consequence of or arising out of or in connection with any services provided to the Buyer through the BDO Checkout.

Further, Buyer agrees that BDO shall not be liable for any loss, cost, or damages suffered by Buyer or any third person as a result of, or caused by any delay in transfer, non-transfer of funds and/or debiting and/or crediting of funds carried out by BDO, and/or default on the part of BDO in performing the BDO Checkout due wholly or in part, to defects, delays, malfunctions, interruptions, failures, or breach of security in BDO's computer system, and/or causes beyond the control of BDO.

5. Buyer Agreement

Buyer agrees and warrants the following:

1. Buyer understands that the grant of access to use the BDO Checkout under the BDO Checkout Terms and Conditions may be revoked at any time at the discretion of BDO.
2. Buyer will not decompile or reverse engineer the BDO Checkout. All rights not expressly granted to Buyer under this BDO Checkout Terms and Conditions are specifically reserved by BDO.
3. Any inquiries or complaints relating to the use of the BDO Checkout, including those pertaining to intellectual property rights, must be directed to BDO at the contact details indicated at BDO's official website at www.bdo.com.ph.
4. Buyer
   1. is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and
   2. is not listed on any U.S. Government list of prohibited or restricted parties.
5. Buyer agrees that Third Party Licensors are third party beneficiaries to this BDO Checkout Terms and Conditions and that, upon Buyer’s acceptance of said terms and conditions, any and all Third Party Licensors will have the right to enforce this BDO Checkout Terms and Conditions against Buyer as a third party beneficiary thereof.
6. Buyer will protect all the trademarks and service marks of BDO and its Third Party Licensors associated with the use BDO Checkout or the provision of the BDO Checkout.

6. Disputes of Unauthorized Transactions

Transactions are authorized when the confirmation screen appears in BDO Checkout, or when Buyer is authenticated by his issuing bank or mobile wallet; this shall be sufficient evidence that any and all activity has been made and validated, and cannot be disputed by Buyer. If no dispute is reported by the Buyer to his Merchant or Issuing Bank following their respective prescribed periods, all transactions and the entries in the confirmation and Statement of Account are deemed true and correct. Disputed transactions shall be credited back to Buyer's subject to the issuing bank or mobile wallet’s policies.

7. Other Provisions

BDO reserves the right to vary the BDO Checkout Terms and Conditions at any time. The continued use by Merchant and Buyer of the BDO Checkout will constitute acceptance of the revised and/or modified BDO Checkout Terms and Conditions.