GENERAL TERMS AND CONDITIONS

TERMS OF USE

By downloading or using this mobile application (“Cebuana Xpress App”), you agree to be bound by these Terms and Conditions of Use. We reserve the right to amend these terms and conditions at any time. If you disagree with any of these Terms and Conditions of Use, you must immediately discontinue your access to Cebuana Xpress App and your use of its services. Continued use of Cebuana Xpress App will mean that you accept these Terms and Conditions of Use, and you accept the likelihood of its amendment from time to time.

DEFINITIONS

In these Terms and Conditions of Use, the following capitalized terms shall have the following meanings, except where the context otherwise requires:

“CEBUANA XPRESS APP” or the “MOBILE APP” – a mobile application running on a mobile device used by the USERS to manage their accounts and transact with products and services integrated with the CEBUANA XPRESS SYSTEM.
“USER” – registered account of a CLSC E-Money Client.
“CEBUANA LHUILLIER SERVICES CORPORATION.” (“CLSC” or the “EMI Provider”) - a financial institution duly registered with the Securities and Exchange Commission (SEC) and licensed Electronic Money Issuer of Bangko Sentral ng Pilipinas (BSP), who is ultimately responsible to the CLSC e-Money holders.
“CEBUANA XPRESS SYSTEM” or the “CEBUANA XPRESS” – a platform that enables the transfer of electronic money between USERS, SERVICES, MERCHANTS and AGENTS created and maintained by PJLI and NCVI for CLSC.
“CEBUANA XPRESS E-MONEY” or the “CLSC E-MONEY” – electronic money in CEBUANA XPRESS.
“KNOW YOUR CUSTOMER” or “KYC” shall refer to the process of establishing the identity of the Cebuana Xpress also known as Customer Verification.
“SERVICES” – products and services that are integrated with CEBUANA XPRESS and are accessible through the use of the MOBILE APP that make use of electronic money or provide a better user experience for the USERS.
“MERCHANTS” – 3rd Party companies duly registered and authorized by PJLI and/or CLSC that sell their goods, products and / or services on CEBUANA XPRESS
“AGENTS” – 3rd Party companies duly registered and authorized by PJLI and/or CLSC that provide physical access to CEBUANA XPRESS through Cash In and Cash Out locations
“P.J. LHUILLIER INC.” (“PJLI”) - a financial institution duly registered with the Securities and Exchange Commission (SEC) and provides CEBUANA XPRESS. PJLI owns and operates Cebuana Lhuillier Pawnshop, which is the Philippines’ largest and leading chain of pawnshops.
“NETWORLD CAPITAL VENTURES INC.” (“NCVI”) – an institution duly registered with the Securities and Exchange Commission (SEC) and provides CEBUANA XPRESS.
CEBUANA LHUILLIER PAWNSHOPS – a collective term for all Cebuana Lhuillier Pawnshop branches

APPLICABILITY OF TERMS AND CONDITIONS

The use of any Services and or the Cebuana Xpress App is subject to these Terms and Conditions of Use. CebuanaXpress App can be downloaded in iOS and Android. You must register to utilize the Cebuana Xpress App. Cebuana Xpress App will be made available to Users with no fee, unless otherwise determined by CLSC.

The Mobile App is completely customer self-service where User shall enter/provide preferred Username and PIN. CLSC recommends the use of a strong but easy to remember login details.

Cebuana Xpress App processes financial and non-financial transactions such as but not limited to: Send Money, Domestic Remittance, Pawn Renewal, Use of Appraisal Calculator, View Account Information, Account Balance Inquiry and Branch Locator.

CLSC reserves the right to change, modify, substitute, suspend or remove without notice any information or Services on the Mobile Application from time to time. Your access to the Mobile App and or the Services may also be occasionally restricted to allow for repairs, maintenance or introduction of new facilities and or services. We will attempt to restore such access as soon as we reasonably can.

We reserve the right to block access and/or edit or remove any material which in our reasonable opinion may give rise to a breach of these Terms and Conditions.

Details of the transaction done via Cebuana Xpress App will be recorded in the Cebuana Xpress system and the same will be regarded as conclusive proof of the validity and authenticity of the transactions made.

You hereby agree to receive transaction notifications, announcements and be regularly updated by CLSC, PJLI, and its subsidiaries and affiliates (hereinafter, "Cebuana Lhuillier Group") of their products and services and thus understand fully that account holder foregoing information will accordingly be shared.

You understand that CLSC at times may not be able to carry out instructions received through Cebuana Xpress App due to offline situations caused by system problems or such other circumstances as determined by the CLSC.

CEBUANA XPRESS E-MONEY

PRODUCT FEATURES/ TRANSACTIONS – The Cebuana Xpress E-Money, is an e-Money instrument, is reloadable. The e-Money may only be redeemed at face value. It shall not earn interest or rewards and other similar incentives convertible to cash, nor be purchased at a discount. Further, e-Money is not considered a deposit account hence, it is not insured with the Philippine Deposit Insurance Corporation (PDIC). The e-Money is subject to aggregate monthly load limit of One Hundred Thousand Pesos (Php100,000.00) unless a higher amount has been approved by the Bangko Sentral ng Pilipinas (BSP).

ACTIVATION – Cebuana Xpress E-Money features will be activated once the client is fully KYC’d by Cebuana Xpress. All KYC’d Cebuana Lhuillier Group clients (24k members) are fully qualified for Cebuana Xpress E-Money.

If Cebuana Xpress user does not have a 24k account, Cebuana Xpress will create and assign a 24k number to the newly verified user. 24k Rewards is part of the Cebuana Xpress service and is a requirement for all its users.

FEES, RATES, AND OTHER CHARGE – The client agrees to pay applicable fees and charges that may range from Php0.00 to Php500.00 related to the Cebuana Xpress e-Money and its use, such as but not limited to, remittance, processing, load and encashment fees. Such fees and or charges shall be inclusive of Philippine taxes and shall be debited from the Cebuana Xpress e-Money cash value or paid upfront without further notice.

TRANSACTION HISTORY – A transaction history bearing the transactions of your Cebuana Xpress e-Money account shall be made available in the Cebuana Xpress App.

TOP-UP - You can top-up Philippine Peso on your Cebuana Xpress e-Money through (a) Cebuana Lhuillier Branches, (b) Cebuana Lhuillier Authorized Agents, or a direct top-up via (c) Remittance where the user receives the Philippine Peso (or its equivalent)

CASH-OUT - The user can cash-out the value on their Cebuana Xpress e-Money through (a) Cebuana Lhuillier Branches, (b) Cebuana Lhuillier Agents, based on the minimum and maximum amounts that may be imposed by Cebuana Xpress.

SEND MONEY - This refers to the User’s ability to send money to but not limited to the following:

Another user who has CLSC e-Money account (aka peer-to-peer);
Cebuana Lhuillier Branches
Cebuana Lhuillier Authorized Agents

RECEIVE MONEY - This refers to a feature that allows the User to claim remittance that was sent to him/her

NON E-MONEY RELATED FEATURE

PAWNING - This allows the user to participate in pawning activities by Cebuana Lhuillier

APPRAISAL CALCULATOR - This allows the user to compute and have an approximate total pawn appraisal value of their items

CEBUANA BRANCHES - This allows the users to locate Cebuana Lhuillier pawnshop branches based on geographical locations

BILLS PAY - This allows the users to pay their bills to our partner billers

BUY LOAD - This allows the users to purchase over-air-reload of airtime

TERMS AND CONDITIONS FOR PAWNING

You agree to allow Cebuana Xpress App to use the data you provide to reflect information regarding your pawning transactions with Cebuana Lhuillier Pawnshops.

Cebuana Xpress App includes pawning services such as but not limited to: Pawn Renewal, View Pawn Items, Search Pawn Items, Item Estimated Appraisals collectively known as “Cebuana Xpress Pawning Services”. These services are in connection with physical transactions with Cebuana Lhuillier Pawnshops that are enhanced through a digital experience with complementing services such as facilitation of branch transactions and automation.

Cebuana Xpress Pawning Services may include additional fees to provide service and convenience on top of standard pawning fees. These fees will be indicated on the transaction confirmation screen prior to relevant deductions from your Cebuana Xpress e-Money.

You also agree to follow Terms & Conditions specified in your Pawn Ticket form and other forms you have filled out with your pawning transaction whether in branch or through Cebuana Xpress Pawning Services.

RULES ABOUT USE OF THE SERVICE AND THE MOBILE APPLICATION

We will use reasonable endeavors to correct any errors or omissions as soon as practicable after being notified of them. However, we do not guarantee that the Services or the Mobile Application will be free of faults. Accordingly, we will not accept liability for any such faults, errors or omissions.

We do not warrant that your use of the Services or the Mobile Application will be uninterrupted and or that any information or messages transmitted via the Services, or the Mobile Application will be transmitted accurately, reliably, in a timely manner or at all. Notwithstanding that, CLSC will exert earnest efforts to provide uninterrupted access to the Services and the Mobile Application. Access to the Services and the Mobile Application may be suspended, restricted or terminated at any time.

We do not give any warranty that the Services and the Mobile Application are free from viruses or anything else which may have a harmful effect on any technology.

Cebuana Xpress App, the Services, the information entered therein and use of all related facilities are provided on an "as is, as available" basis without any warranties whether express or implied.

To the fullest extent permitted by applicable law, we disclaim all representations and warranties relating to the Cebuana Xpress App and its contents, including any inaccuracies or omissions in the Mobile Application, accuracy, availability, non-infringement or implied warranties in the course of the User’s dealing or usage of trade.

We shall not be liable for any acts or omissions of any third parties howsoever caused, and for any direct, indirect, incidental, special, consequential or punitive damages, howsoever caused, resulting from or in connection with the mobile application and the services offered in the mobile application, your access to, use of or inability to use the mobile application or the services offered in the mobile application, reliance on or downloading from the mobile application and or services, or any delays, inaccuracies in the information or in its transmission including but not limited to damages for loss of business or profits, use, data or other intangible, even if we have been advised of the possibility of such damages.

We shall not be liable in contract or otherwise howsoever and whatever the cause thereof, for any indirect, consequential, collateral, special or incidental loss or damage suffered or incurred by you in connection with the Mobile App and these Terms and Conditions. For the purposes of these Terms and Conditions, indirect or consequential loss or damage includes, without limitation, loss of revenue, profits, anticipated savings or business, loss of data or goodwill, loss of use or value of any equipment including software, claims of third parties, and all associated and incidental costs and expenses. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer that cannot be excluded or limited are affected. Notwithstanding our efforts to ensure that our system is secure, you acknowledge that all electronic data transfers are potentially susceptible to interception by others. We cannot, and do not, warrant that data transfers pursuant to the Mobile Application will not be monitored or read by others.

INDEMNITY
You agree to indemnify and keep us indemnified against any claim, action, suit or proceeding brought or threatened to be brought against us which is caused by or arising out of (a) your use of the Services, (b) any other party’s use of the Services using your user ID, verification PIN and or any identifier number allocated by the Cebuana Xpress System, and or (c) your breach of any of these Terms and Conditions of Use, and to pay us damages, costs and interest in connection with such claim, action, suit or proceeding.

RIGHTS OF USERS
You have the right/s to:

Equitable and fair treatment

Cebuana Xpress shall not discriminate against users on the basis of race, age, financial capacity, ethnicity, origin, gender, disability, health condition, sexual orientation, religious affiliation and practice, or political affiliation: Provided, further, that Cebuana Xpress may provide distinction, as necessary, when making a risk assessment on a specific financial product or service

Disclosure and transparency of financial products and services
Protection of consumer assets against fraud and misuse
Data privacy and protection

Cebuana Xpress adheres to the general data privacy principles of transparency, legitimate purpose, and proportionality under R.A. 10173 or the Data Privacy Act of 2012 and its implementing rules and regulations (IRRs)

Timely handling and redress of complaints

For concerns in using the Cebuana Xpress app, users may contact Cebuana CARES at:

Email :[email protected]
Phone : (632) 8779-9800 (PLDT), (632) 7759-9800 (Globelines)
SMS : GLOBE 0917-8122737, SMART 0918-8122737, VIBER 0917-8122737 (Text only. No voice calls.)
Facebook: cebuanalhuillierpawnshop

You may also raise the concerns to the Bangko Sentral ng Pilipinas (BSP) through BSP’s Consumer Assistance Mechanism (CAM) channels (source: https://www.bsp.gov.ph/Pages/InclusiveFinance/ConsumerAssistanceChannelsChatbot.aspx)

BSP webchat

visit BSP’s official website at https://www.bsp.gov.ph/ and click the webchat feature

Talk-to-BSP SMS

send the details of your concern to 21582277 (data and SMS fees apply)

BSP Facebook

https://www.facebook.com/BangkoSentralngPilipinas

email duly accomplished Complaints, Inquiries, Requests (CIR) Form to [email protected]. You may download the CIR form at https://www.bsp.gov.ph/Inclusive%20Finance/CIRForm.docx

Call

direct line: (632) 5306-2584, (632) 8708-7087
trunk line: (632) 8708-7701 loc. 2584

(632) 8708-7088

Mail

Consumer Protection and Market Conduct Office
Strategic Communication and Advocacy
10th Floor Multi-Storey Building
BSP Complex
A. Mabini Street, Malate
1004 Manila, Metro Manila, Philippines

Walk-In

Consumer Assistance Desk
Ground Floor Multi-Storey Building
BSP Complex
A. Mabini Street, Malate
1004 Manila, Metro Manila, Philippines

RESPONSIBILITIES OF USERS
By accessing the Cebuana Xpress, you agree to abide by the user responsibilities listed herein. Failure to abide by these responsibilities and if you provide any information that is untrue, inaccurate, not current, or incomplete, Cebuana Xpress may apply reasonable penalties to you and your account, including but not limited to charges, immediate suspension, disablement, blocking, deactivation and/or termination of your Cebuana Xpress e-Money and mobile app account, proper reporting to the applicable authority of the laws, rules, and regulations that govern Cebuana Xpress, and refusal to any and all current or future use of the Cebuana Xpress application and/or other Cebuana Lhuillier platforms and channels.

In the event of unauthorized use of Cebuana Xpress, or non-compliance with the Terms and Conditions provided herein, the right to use Cebuana Xpress App and Cebuana Xpress e-Money shall be disabled and terminated. PJLI / CLSC / Cebuana Xpress will not be liable for any inconvenience, loss or damage caused by such disablement and/or termination.

You represent and warrant that:

all your registration information submitted are true, accurate, current, and complete
you will maintain the accuracy of registration information and promptly update such registration information as necessary
you have the legal capacity to use Cebuana Xpress and you agree with the Cebuana Xpress Terms and Conditions for its use
you will not access Cebuana Xpress through automated or non-human means, whether through bot, script or otherwise
you will not use Cebuana Xpress for any illegal or unauthorized purpose
your use of Cebuana Xpress will not violate any applicable law or regulation
you will ensure the safety of your Cebuana Xpress account

You have the full responsibility over the security of your mobile device/s, SIM card, and confidentiality of your User ID, PIN, password/s and all transactions, whether valid or fraudulent, authorized or unauthorized, made through said mobile device/s/SIM card and via Cebuana Xpress App, if such fraudulent or unauthorized transaction was caused by or is a result of the User's fault or negligence. You are encouraged to change PIN regularly, especially when account details have been exposed.
It is your sole responsibility to reset the PIN through Cebuana Express App if its confidentiality has been reasonably suspected to have been compromised to avoid any unauthorized use of the User's accounts. PJLI shall not be liable for any unauthorized use / misuse of the Mobile App due to theft or loss of the mobile device/SIM.

LOSS OF REGISTERED CEBUANA XPRESS SIM
In case of loss or stolen mobile device and/or Cebuana Xpress-registered SIM card, you should immediately go to nearest Cebuana Lhuillier branch within twenty-four (24) hours from the discovery of such loss. Cebuana Xpress shall suspend or block the Cebuana Xpress e-Money of User only upon proper validation and verification of a notarized report or affidavit, as the case may be. All transactions made prior to the report of the loss shall continue to be the liability of the User. Updating of User’s mobile number shall be done by Cebuana Xpress’ Branch Support Desk though the back-office facility.

RECTIFICATION OF ERRONEOUS CREDITING
CLSC has the right to rectify any incorrect crediting to the User’s account subject to the provisions in this Terms and Conditions. The User hereby consents thereto without need of further act and deed or with or without notice to the User. The EMI provider has the right to suspend user access to the Cebuana Xpress e-Money account, put on hold the erroneously credited amount, or to debit from the account the erroneous credit in order to rectify the incorrect crediting.

DISPUTES
In case of disputes about your transactions, you should inform Cebuana CARES within fifteen (15) days after the date of the transaction. In such case, you allow CLSC / PJLI / NCVI to conduct an investigation within twenty (20) to sixty (60) business days from receipt of your notice and the complete documentation and requirements. Lost funds due to unauthorized transactions made from your Cebuana Xpress account may only be eligible for recovery to your Cebuana Xpress e-Money if at least the following conditions are met:

Unauthorized transaction has been reported within fifteen (15) days after the date of transaction
Documentation and requirements set forth by CLSC / PJLI / NCVI have been duly accomplished and submitted accordingly within the period communicated by CLSC / PJLI / NCVI
When the unauthorized transaction is not attributable to your fault or negligence

Meritorious claims of erroneous debiting will be restored to the affected Cebuana Xpress e-Money account/s and the User/s will be notified accordingly.

REFUND POLICY
Any refund amount will be credited back to the same Cebuana Xpress e-Money account used to fund the refunded transaction and in the same currency.

Once you confirm a transaction in the Mobile App or ask Cebuana Xpress to proceed with the transaction, you agree that you may not cancel nor reverse such transaction. Transactions due to customer error shall be deemed successful and shall follow a no cancellation, no reversal, and no refund policy.

Once the money or fund is in the account of the beneficiary or recipient, Cebuana Xpress cannot reverse nor deduct such account without the proper court order or authorization.

AMENDMENTS
We may periodically make changes to the contents of the Cebuana Xpress App, including the descriptions and prices of products and services advertised, at any time. We assume no liability or responsibility for any errors or omissions in its contents.

We reserve the right to amend these Terms and Conditions from time to time. The revised Terms and Conditions will be posted in the Cebuana Xpress App / website. Users and merchants shall be notified at least sixty (60) calendar days before any amendments/changes to the terms and conditions may take effect. You are advised to review these Terms and Conditions periodically as they are binding upon you.

Data Privacy Agreement

I understand that the information I will be providing will be processed and shall be retained by Cebuana Lhuillier for the following purposes: remittance transaction; insurance transaction; pawning; client identification; profiling; direct marketing and cross-selling of products; and compliance to BSP, SEC, AMLA and such other purposes that may be required or allowed by law. I have been informed that I have the option not to give the foregoing information, in which case I understand that my application will not be processed. I have also been informed that I can make corrections to any inaccurate or deficient information and that I have an option to withdraw my consent prior to the processing of my application by emailing Cebuana CARES at [email protected] or calling Telephone Numbers (02) 8779-9800 PLDT | (02) 7759-9800 GLOBELINES.

Cebuana Xpress Terms and Conditions Version 2