TERMS & CONDITIONS FOR USE OF GROWCOINS WALLET
The terms and conditions herein constitute a valid and binding agreement between you the “User” and “GROWSARI” (Growsari, Inc. and/or Growsari Enterprise, Inc.). These terms and conditions are in addition to the Terms and Conditions, and Software License Agreement governing the use of the Growcoins application and your account.
The Growcoins wallet is linked with your Growsari application platform account which you have downloaded.
By clicking the “ACCEPT” button or using the application, you are entering into and agreeing to be bound by the terms and conditions.
Use of the Growcoins Wallet
- The Growcoins wallet is principally intended for effecting payment for the purchase of goods/services offered by the Growsari group, including but not limited to payment for e-lista program, payment for fast moving consumer goods (FMCG) orders, payment for e-services;
- Growcoins is a closed-loop e-money. NO cash-out of any portion of the amounts paid to and/or cashed-in to the Growcoins wallet is permitted. All amounts in the Growcoins wallet shall be used solely for payment for availment of services offered by Growsari, including but not limited to payment for e-lista program, payment for fast moving consumer goods (FMCG) orders, payment for e-services;
- You understand and acknowledge that Growsari may debit from your Growcoins wallet receivables which have become past due, without need of prior notice.
- You are liable for all transactions initiated.
- You agree to use the wallet only for lawful purposes and not to violate any applicable laws, rules or regulations in connection with your access or use;
- Upon knowledge or discovery of any fraudulent activity or theft in the wallet, you agree to immediately notify Growsari by calling the Customer Service number +639190564444;
- Growsari may, in its sole absolute discretion, at any time and for any reason, including but not limited to cases it reasonably believes that the transaction may be fraudulent, illegal or involves any criminal activity, suspend or terminate your use and the rights afforded to You hereunder, or forfeit any balance you have in your wallet, with or without prior notice.
- All entries in your Growcoins wallet are deemed correct and accurate unless you notify us in writing any discrepancies thereon within 15 days from date of transaction.
- You are liable for the safekeeping and use of your account and your wallet. Growsari shall not be liable to any unauthorized use of the wallet by any person.
Cash in or Funding of the Wallet
- Cash in or Funding of the GrowCoins can either be through: (i) cash (via Growsari authorized representatives), (ii) Coins.PH platform (i.e. 7-Eleven, M Lhuillier, Cebuana Lhuillier) (iii) other payment channels (e.g. Xendit); or (iv) other channels which may be allowed by Growsari in the future;
- You may also fund your Growcoins wallet via QRPH or QR codes provided in your stores wherein end consumers can then pay you using whatever wallet/ bank they have. You will then receive the payments from Growsari in your Growcoins wallet. For payments of your end consumers via QRPH, you hereby authorize Growsari to accept and receive such payments for and on your behalf.
- If you fund your wallet through the different allowed payment channels, you are deemed to have agreed to the terms of service of Growsari payment channels partners and your financial institution.
- You are liable for any fees charged by third party payment channels for the funding of your Growcoins wallet. However, Growsari may, at its sole discretion, from time to time shoulder the transaction fee charged by the payment channels. Growsari likewise reserves its right to decline any payments at its sole discretion.
- Your Growcoins wallet is not a deposit account and thus, not covered by the Philippine Deposit Insurance Corporation (PDIC). Further, it does not earn interest.
- You agree that Growsari may limit the amount you may fund or load in your wallet at any one time or over any period of time.
- The minimum top up via bank shall be Five Hundred Pesos Php500.00 while the maximum top up via bank up shall be Php50,000.00 for BPI, Php10,000.00 for RCBC, and Php50,000.00 UBP.
2.1Funding via QRPH
- Fees and Taxes
- You further agree not to use the wallet or funding via QRPH to any of the following schemes, products, or services that constitute relate to or are ancillary to, in whole or in part, are not allowed and are defined “Restricted Service”:
- Pornographic or illicit material or activities of any type;
- Escort services;
- Gambling operations, including “virtual casinos”;
- Firearms, ammunitions, and explosives;
- Pyramid selling or multi-levels commission earning structure; and
- Goods, products, services or distributions of any class or type, whether or not similar to those specified above, which are designated from time to time by third party partner (in its sole discretion) as being subject to this definition and notice thereof being given to Growsari provided that no such designation or notice is required for any particular sales to be subject to this definition.
Growsari and/or payment channels shall also refrain from processing payments arising out of or related to a transaction that:
- is illegal or facilitates illegal activity;
- is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing, or racially or ethically offensive;
- promotes unlawful violence;
- is discriminatory based on race, gender, color, religious belief, sexual orientation, disability, or any other discriminatory acts; or
- causes damage or injury to any person or property or otherwise violates the rights of persons.
- You shall not engage in any of the following prohibited practices:
- Any acceptance practice that discriminates against or discourages the use of the QR PH in favor of any other payment method; and
- Directly or indirectly require any Payers to pay a surcharge or any contemporaneous finance charge in connection with the payment of the end consumer to you effected through QRPH. You may be permitted to charge fees (such as a bona fide commission, postage, expedited service or convenience fees, and the like) if the fee is imposed on all like transactions regardless of the form of payment used, or as Growsari and the third party payment channel has expressly permitted in writing.
- You further give your consent for third party payment channels partners or receiving financial institution to process your data in the Multi Proxy Service (MPS) for the purpose of generating QR Code, Merchant ID, etc.
- Growsari is mandated to comply with any and all laws, rules or regulations issued by any governmental instrumentality, including among others, the Bangko Sentral ng Pilipinas (BSP) Anti-Money Laundering Council. Thus, you may be required to provide data, prior to the opening of the account or use of the wallet, after the opening and during the use of the wallet and at any time and on going basis. You agree that you will provide such information and/or documentation promptly to Growsari upon request. You shall be responsible to update your data to ensure its completeness and accuracy
Fees and Taxes
- Growsari reserves its right to impose fees to cover the relevant costs of providing the Growcoins wallet services.
- You agree that the use of the wallet may incur government mandated taxes, duties, or charges.
Data Consent / Data Sharing
- You agree to and consent to the collection, usage and storage of any information you provide. Said information may be processed in order for the Company and its affiliates, partners and agents to perform the services it provides. Without limiting the generality of the foregoing, the Information shall include, without limitation, the following types of information and data, in an aggregate (not user level) form: search requests, search results, patterns, data and suggestions based on user actions.
- Notwithstanding the foregoing, you shall not provide or disclose any information or data that is personally identifiable to you. This clause will however not apply if you willingly and voluntarily consent to the contrary. In any case, the Company shall not be held liable for the consequences of your actions.
- As a general rule, the Information will be treated as being confidential but non-proprietary unless you willingly consent to the waiver of its confidentiality. In the event that you have waived the confidentiality of your information, the same shall now be treated as non-confidential and non-proprietary and the Company therefore assumes no Obligation to protect the same (other than personally identifiable information) from disclosure and will be free to reproduce, use, and distribute the Information to others without restriction. We will also be free to use any ideas, concepts, know-how or techniques contained in the Information for any purpose or whatsoever including, without limitation, developing, manufacturing and marketing products and services incorporating such Information.You agree and hereby undertake the sole responsibility and hold the Company free of liability to you or to any third party, for any data or information that you provide, transmit, or submit while using the Services. You agree and hereby undertake sole responsibility for the consequences of your actions and interactions using the Services, and hereby stipulate admission of liability to the Company for whatever loss or damage the Company may suffer as a consequence of your use or misuse of the Services.
- When providing Personally Identifiable Information of Third Parties that, You warrant that You have obtained their written consent for the Company to use, process and store their information, as required under applicable Data Privacy Laws.
- You hereby grant consent on the general use and sharing of information obtained from you in the course of any transaction, between me and Growsari, its parent and affiliates and their respective representatives and agents and/or any of Growsari’s accredited third parties (collectively as “Growsari”). You acknowledge and agree that any member of Growsari may share these data between them and such data may constitute your personal or sensitive personal information (which includes without limitation, your name, address, contact details (mobile number and email), as well as information relating to your transactions and communications with any member of Growsari.
- Said data may be collected, processed, stored, updated, or disclosed by any member of the Growsari by physical, electronic or automated means and shared between and among them or to third parties for (i) regular business use such as marketing initiatives for sari-sari stores and Growsari, data collection and analytics, (ii) for legitimate purposes including but not limited to risk management, know your customer (KYC) checks, prevention and detection of fraud or crime, cross-selling, profiling, (iii) to provide services to you or implement transactions which you request, allow, or authorize, and, (iii) to comply with Growsari’s internal policies and its reporting obligations to comply with (a) Applicable Law, and internal policies or procedures, or (b) any demand and/or requests from any Government Authority for purposes of reporting, regulatory trade reporting, disclosure or other obligations under Applicable Law.
- Your consent authorizes members of Growsari to process, collect, use, store, or disclose your information between them and to other members, to Governmental Authorities, and to any third parties any third party, who acquires the rights and obligations of Growsari; who processes information, transactions, services or accounts on behalf of Growsari; or who requires the information for market research, product and business analysis, or for marketing or advertising activities by Growsari, as may be necessary.
- Your information may continue to be collected, stored, processed and/or shared between and among members of Growsari for five (5) years from the conclusion of your transactions with them and any of their members or until the expiration of the retention limits set by applicable law, whichever comes later. Growsari shall immediately destroy or dispose in a secure manner any information the retention of which is no longer allowed under the said law.
- You understand that you have the right to access, update, or correct certain personal information, or withdraw consent to the use of any of my information as set out in this letter at any given time by communicating with the Growsari Data Protection Officer at Level 10-1 Fort Legend Tower, 3rd Avenue corner 31st Street, Bonifacio Global City, Taguig City, 1632 or via email DPO_GSI@growsari.com or DPO_GSE@growsari.com.I recognize that I may file complaints with and/or seek assistance from the National Privacy Commission.
- Company can modify or amend the terms of this by posting a copy of the modified or amended license on the company’s website at www.growsari.com or by updating the terms and conditions uploaded in the application. You will be deemed to have agreed to any such modification or amendment either by your continued use of the app or the wallet after the amendment or by ticking I agree to the terms and conditions of use of the Growsari Mobile Application.
Disclaimer of Warranties.
YOU ACKNOWLEDGE AND AGREE THAT THE APPLICATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND THAT YOUR USE OF OR RELIANCE UPON THE APPLICATION AND BY ANY THIRD PARTY CONTENT AND SERVICES ACCESSED THEREBY IS AT YOUR SOLE RISK AND DISCRETION. THE COMPANY AND ITS AFFILIATES, PARTNERS, SUPPLIERS AND LICENSORS HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES, AND GUARANTEES REGARDING THE APPLICATION AND THIRD PARTY CONTENT AND SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
FURTHERMORE, COMPANY AND ITS AFFILIATES, PARTNERS, SUPPLIERS, AND LICENSORS MAKE NO WARRANTY THAT
- THE APPLICATION OR THIRD PARTY CONTENT AND SERVICES WILL MEET YOUR REQUIREMENTS;
- THE APPLICATION OR THIRD PARTY CONTENT AND SERVICES WILL BE UNINTERRUPTED, ACCURATE, RELIABLE, TIMELY, SECURE OR ERROR- FREE;
- THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR ANY OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH THE APPLICATION WILL BE REPRESENTED OR MEET YOUR EXPECTATIONS; OR
- ANY ERRORS IN THE APPLICATION OR THIRD PARTY CONTENT AND SERVICES WILL
BE CORRECTED, NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR FROM THE APPLICATION SHALL CREATE ANY REPRESENTATION, WARRANTY OR GUARANTY.
LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ITS AFFILIATES, PARTNERS,SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE APPLICATION OR ANY THIRD PARTY CONTENT AND SERVICES, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COMPANY’S AGGREGATE LIABILITY TO YOU (WHETHER UNDER CONTRACT,TORT, STATUTE OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT OF PHP 3,000.00. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
- Where demand or notice is required to be given under this Agreement, notice sent to the parties through any print or electronic communication as may be deemed appropriate by Growsari or at the address or email address specified upon registration or use shall be sufficient compliance with the requirement of notice or demand.
- Demand or notice from you shall only be given through writing at our designated address or email address and shall be deemed to have been received only upon confirmation.
- Governing Law. This Agreement shall be deemed to take place in the Philippines and shall be governed and construed in accordance with the laws of the said country excluding its conflict of law principles. Any disputes arising from this Agreement shall be adjudicated in the Courts of Pasig City or Taguig City, to the exclusion of all other venues. This shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
- Severability. If any provision of this is held to be invalid or unenforceable with respect to a party, the remainder, or the application of such provision to persons other than those to whom it is held invalid or unenforceable shall not be affected and each remaining provision of this Agreement shall be valid and enforceable to the fullest extent as permitted by law.
- Waiver. Except as provided herein, the failure to exercise a right or require performance of an obligation under this Agreement shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute waiver of any subsequent breach.
- Assignment. You shall not assign this license or any rights or obligations herein without the prior written consent of the Company and any attempted assignment in contravention of this provision shall be null and void and of no force and effect.
- Subcontracting: Growsari reserves its right to delegate or sub-contract the performance of any of our functions or obligations in connection with Growcoins Wallet to any service provider, subcontractor and/or agent on such terms as it may deem appropriate and as permitted under relevant laws and regulations.
- Entire agreement. This Agreement including the documents incorporated herein by reference constitute the entire agreement with respect to the use of the Growcoins wallet and supersedes all prior or contemporaneous understandings regarding such matter.
Last update: 25 November 2022