GENERAL TERMS AND CONDITIONS


TERMS OF USE

By downloading or using this mobile application (“Cebuana Express 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 Express App and your use of its services. Continued use of Cebuana Express 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 EXPRESS 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 EXPRESS 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 BangkoSentral ng Pilipinas (BSP).

“CEBUANA EXPRESS SYSTEM” or the “CEBUANA EXPRESS” – 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 EXPRESS E-MONEY” or the “CLSC E-MONEY” – electronic money in CEBUANA EXPRESS.

“KNOW YOUR CUSTOMER” or “KYC” shall refer to the process of establishing the identity of the Cebuana Express also known as Customer Verification.

“SERVICES” – products and services that are integrated with CEBUANA EXPRESS 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 EXPRESS

“AGENTS” – 3rd Party companies duly registered and authorized by PJLI and/or CLSC that provide physical access to CEBUANA EXPRESS 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 EXPRESS.

“NETWORLD CAPITAL VENTURES INC.” (“NCVI”) – an institution duly registered with the Securities and Exchange Commission (SEC) and provides CEBUANA EXPRESS.


APPLICABILITY OF TERMS AND CONDITIONS

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

Any User can enroll to Cebuana Express App and make use of its Services. The Mobile App is completely customer self-service where User shall enter/provide preferred User Name and Password. PJLI recommends the use of a strong but easy to remember log in details.

Cebuana Express App processes financial and non-financial transactions.Such as but not limited to: Send Money, Domestic Remittance, Pawn Renewal, Change Password, View Personal Information, Account Balance Inquiry and Branch Locator.

PJLI shall block the transaction/s that uses PIN in the mobile app, for keying the wrong PIN code three (3) times in a day. To unblock, user must process PIN Reset via Mobile App.

Wrong registration of User Name and or password for three (3) consecutive tries will lock User's account. To unlock account, User must call Cebuana CARES hotline.

We reserve 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 of Use.

Every successful financial transactions and other significant actions done via Cebuana Express App will be sent to User's enrolled email address and or mobile number for safety and records purposes. Details of the transaction will be recorded in the PJLI’s Cebuana Express system and the same will be regarded as conclusive proof of the validity and authenticity of the transactions made.

Any services, enhancements and features of Cebuana Express App that needs User's consent shall be confirmed via App, email, SMS or call to make the User informed of the specific service, enhancement or feature the account holder has subscribed to and the exact duration of the subscription. User will also be notified of the expired subscription of the service, feature and enhancement.

User hereby agrees to receive transaction notifications, announcements and be regularly updated by 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.

User understands that PJLI at times may not be able to carry out instructions received through Cebuana Express App due to offline situations caused by system problems or such other circumstances as determined by the PJLI.

User has full responsibility over the security of his/her Mobile Device/s, SIM card and confidentiality of his/her User ID and password/s and all transactions, whether valid or fraudulent, authorized or unauthorized, made through said Mobile Device/s/SIM card and via Cebuana Express App, if such fraudulent or unauthorized transaction was caused by or is a result of the User's fault or negligence. PJLI encourages the User to change password regularly, especially when account details have been exposed.

It is User's sole responsibility to reset the password through Cebuana Express App if its confidentially 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.

PJLI has the right to rectify any incorrect crediting to the User's account without the partner bank or EMI provider suffering any liability. The User hereby consents thereto without need of further act and deed or with or without notice to the User. The partner Bank or EMI provider has the right to debit from the account/wallet the erroneous credit.

ADDITIONAL FOR ELECTRONIC MONEY or CEBUANA EXPRESS E-MONEY

2.1 PRODUCT FEATURES/ TRANSACTIONS – The Cebuana Express E-Money, is an e-Money instrument, is re loadable. 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 BangkoSentral ng Pilipinas (BSP).

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

If Cebuana Express 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 Express service and is a requirement for all its users.

2.3 FEES, RATES AND OTHER CHARGES – The client agrees to pay applicable fees and charges related to the Cebuana Express 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 e-Money cash value or paid upfront without further notice.

2.4 TRANSACTION HISTORY STATEMENT – A transaction history bearing all of the transactions for this account shall be made available in the Cebuana Express App.

2.5 CASH IN - The user can top-up Philippine Peso on their Cebuana Express 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)

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

2.7 SEND MONEY This refers to user’s ability to send money to but not limited to the following:
2.8 RECEIVE MONEY - This refers to a feature that allows the user to claim remittance that was sent to him/her


Non E-Money Related Features

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

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

3.3 CEBUANA PARTNER - This allows the users to view the full list of Cebuana Partners

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

3.5 BILLS PAY - This allows the users to pay their bills to our partner billers, within the app

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


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. In the event of any such error, fault or omission, you should report it by contacting us through Cebuana CARES Hotlines via the following:


Phone : (02) 8759-9800 / (02) 8779-9800
SMS : 0917-8122737 GLOBE / 0918-8122737 SMART
Email :[email protected]
Address : 5/F PJL Corporate Center – Annex II, 1782 Nicanor Garcia corner Candelaria St., Brgy. Valenzuela, Makati City 1208

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, PJLI 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 Express 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 Express 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 Application and these Terms and Conditions of Use. For the purposes of these Terms and Conditions of Use, 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 P.J. Lhuillier Inc, 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.

AMENDMENTS
We may periodically make changes to the contents of the Cebuana Express App, including the descriptions and prices of products and services advertised, at any time and without notice. We assume no liability or responsibility for any errors or omissions in its contents.

We reserve the right to amend these Terms and Conditions of Use from time to time without notice. The revised Terms and Conditions of Use will be posted in the Cebuana Express App and shall take effect from the date of such posting. You are advised to review these Terms and Conditions periodically as they are binding upon you.

TERMS & CONDITIONS FOR PAWNING
You agree to allow Cebuana Express App to use the data you provide to reflect information regarding your pawning transactions with Cebuana Lhuillier branches known as “Branches”

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

“Delivery Services” in connection with Cebuana Express Pawning Services include site visits of Cebuana Lhuillier and partner personnel known as “Delivery Personnel” who can act on the Branch’s behalf. Any transaction conducted with the Delivery Personnel may or may not be reflected in partial or in full on the app due to certain situation or conditions which includes but not limited to:
In lieu of your Delivery Physical Limitations, you are strongly advised to keep or save proof of the transaction such as but not limited to, transaction numbers, receipts, pawn tickets, delivery request order numbers, photos or videos with the Delivery Personnel. You understand and agree that Delivery Physical Limitations may prevent your transactions from being synchronized in real-time with the Cebuana Express App. You understand that following the Delivery Services, Cebuana Express Pawning Services will be reflected at most 1-2 operating days. Should there be any concern, please reach out to Cebuana CARES.

Cebuana Express Pawning Services may include additional fees to provide service and convenience on top of standard pawning fees. These fees will be indicated in the transaction confirmation screen prior to relevant deductions from your Cebuana Express E-Money. Fees paid for Delivery Services may or may not be reflected in the app unless otherwise specified. You also agree to follow Terms & Conditions specified in your Pawn Ticket for and other forms you have filled out with your pawning transaction whether in branch or through Cebuana Express Pawning Services.


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 Lhuillier at [email protected] or calling Telephone Numbers (02) 8779-9800 PLDT | (02) 7759-9800 GLOBELINES.