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TERMS OF USE AND TERMS OF SERVICE
BY SIGNING UP, YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THE TERMS OF USE, TERMS OF SERVICE, AND PRIVACY POLICY OF BEEPXTRA PHILIPPINES, INC. INCLUDING THE COLLECTION, USE, AND PROCESSING OF YOUR PERSONAL DATA IN ACCORDANCE WITH THE TERMS AND CONDITIONS THEREOF AND THE DATA PRIVACY ACT OF 2012. TERMS OF USE
Definitions
“bXTRA card” shall mean the standard card issued by the store to its customers.
“PIN or Personal Identification Number” shall mean 4-digit code used to access the cardholder’s account during the redemption process.
“Password” shall mean code used to access the cardholder’s account in the bXTRA website (www.bxtra.com.ph).
“bXTRA accredited outlets” shall mean the stores or its branches that signed-up for the bXTRA system or those with bXTRA logo or location tag.
- The bXTRA card is for the exclusive use of the cardholder.
- The bXTRA card is free of charge.
- The bXTRA card can be used to earn cashback points at any bXTRA accredited outlets.
- Extending cashback including the amount or percentage thereof is entirely discretionary on bXTRA accredited outlets.
- Cashback cannot be combined with statutory discounts (e.g. senior and PWD) andother promotional offers of bXTRA accredited outlets.
- Accumulated cashback points can be used for redemption at any bXTRA accredited outlets.
- Cashback exceeding the Philippine Peso equivalent of USD100, on a single transaction, shall be deferred until such time as the store extending/awarding the same has remitted the cashback to bXTRA.
- The bXTRA card and the accumulated points have a 5-year expiration.
- The bXTRA card does not function as an ATM card. The accumulated points cannot be withdrawn or transferred to another account holder.
- bXTRA shall have no liability for any loss or damage incurred by the cardholder.
- The customer/participant must be at least 18 years old.
- The customer/participant must provide an active email address for registration.
- The email address will be linked to the customer/participant’s bXTRA account number.
- The bXTRA card corresponds with a 3-digit authorization code.
- For security purposes, a 4-digit PIN and PASSWORD will be sent to the email address provided by the customer/participant.
- The PIN and Password are strictly confidential and should not be disclosed, given to or made available for use by any other person.
- If the customer/participant will register at other bXTRA accredited outlets, a new and active email address must be provided. The email address provided in the first registration will no longer be accepted by the system.
- For every transaction, the customer is entitled to avail of the outlet’s cashback.
- Extending cashback including the amount or percentage thereof is entirely discretionary on bXTRA accredited outlets. Cashback, if given, is not fixed. As such, the cashback percentage varies.
- The cashback processed by the outlet will reflect on the customer’s account right after the transaction.
- The bXTRA is not a stored value card. The cashback points will only be entered by the outlet’s authorized staff during or after a transaction.
- The redemption process requires the 4-digit PIN of the customer.
- In the event that a cardholder forgot to bring his/her card, the cardholder must provide the email address used during his/her registration.
- It is the duty of the cardholder to check the balance before and after the cashback and redemption transactions.
- If the cardholder forgot his/her PASSWORD for the bXTRA account login and the PIN for the redemption process, the customer can retrieve the account by clicking the button “FORGOT PASSWORD/PIN”
- The new PIN/PASSWORD will be sent to the cardholder’s email address.
- It is the responsibility of the cardholder to safeguard his/her bXTRA card at all times against loss, theft, fraudulent or unauthorized use.
- In case of a lost card, the card will not be replaced by bXTRA. The cardholder may use his/her email address or mobile application to retrieve the account and transact with bXTRA accredited outlets.
- There is a problem identified with the registration of the customer. There is an error in the transaction or misuse of cashback points/redemption.
In case of erroneous debit or any error in transaction involving any cashback points or redemption amount to cardholder’s account as appearing in the reports of bXTRA, the cardholder agrees and undertakes to immediately return to bXTRA the cashback points or redemption amount without need of notice or demand. READ THIS AGREEMENT CAREFULLY BEFORE USING ANY BEEPXTRA PHILIPPINES, INC. AND/OR BEEP EXTRA LTD. (jointly referred to herein as “BXTRA”) SERVICE OR WEBSITE AND/OR SERVICE. THIS IS A LEGALLY BINDING AGREEMENT BETWEEN BXTRA AND YOU, INCLUDING ANY BXTRA CUSTOMER, USER, OR WEBSITE VISITOR, (collectively referred to herein as the "Customer").
TERMS OF SERVICE
These Terms of Service form part of an agreement (this/the "Agreement") between BXTRA, and the Customer. This Agreement governs the provision of BXTRA services (the "Service") and is effective as of the moment the Customer indicates agreement on any BXTRA website, or from the moment the two parties sign a paper version or customer sign up form, or as of the moment the Customer uses any BXTRA service including the BXTRA card or website, including BSTORES.com.ph or BEEPSTORES.com (whichever comes first).
In addition to these Terms of Service, this Agreement includes BXTRA's privacy policy, posted at http://www.BXTRA.com.ph/en/privacy-policy (the "PrivacyPolicy").
- Customer represents that it has read all AUPs applicable to Services in addition to this Subsection, and Customer will adhere to its requirements.
- Without limiting the generality of the foregoing, Customer will not allow the Service or BXTRA equipment to be used for activities prohibited by the AUP. Third party violations of the AUP using Customer's Service, including, points of access to the Internet, systems, software, or equipment assigned to Customer, will be considered violations by Customer.
- Notwithstanding any provision to the contrary in this Agreement, and without limiting any of BXTRA's rights or remedies, BXTRA may suspend Service in whole or in part in the event that BXTRA reasonably suspects an AUP violation. Reasonable suspicion pursuant to the preceding sentence includes, without limitation, a third-party notice or claim that Customer's use of the Service infringes on third party rights. BXTRA will make reasonable efforts to notify Customer before any such suspension, unless the AUP violation calls for immediate action to prevent injury or liability, in BXTRA's opinion and at its sole discretion. Suspension pursuant to this Subsection may continue so long as BXTRA reasonably suspects an AUP violation. BXTRA is not liable for any Service suspension authorized by this Subsection, or for any related loss, even if the suspected AUP violation did not occur.
- BXTRA has no obligation to monitor the Service for AUP violations or for other illegal or improper conduct but may do so and may disclose information regarding use of the Service for any reason, including: to satisfy laws, regulations, or governmental, legal, or law-enforcement requests; to operate the Service properly; and to protect itself and its customers. BXTRA may grant law enforcement agencies access to its equipment, including equipment used to provide the Service to Customer.
- BXTRA does not condone the use of spamming.
- BXTRA will not be liable for Service interruptions or any other Service failures. In the event of hardware failure:
- BXTRA will make reasonable efforts to recover lost data, but data-recovery is not guaranteed; and
- All Service features, are provided pursuant to the provisions of the Section below and the other terms and conditions of this Agreement.
- BXTRA may interrupt Service to perform maintenance on BXTRA equipment or to address and/or mitigate the effects of security breaches, virus attacks, denial of service attacks, and other intentional interferences by third parties. BXTRA will exercise reasonable efforts to inform the Customer before interrupting Service and to repair the Service promptly.
- The Customer will promptly report any Service failure to BXTRA via the online ticketing system in the customer Portal. BXTRA is not responsible for providing physical access to or copies of software, data, or content stored on BXTRA's equipment under any circumstances and is not required to provide access
- after any termination or suspension of the Customer's Service or
- in the event of hardware failure, abuse by hackers or other third parties, improper administration by the Customer, or other interruption of network access.
- BXTRA MAKES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. BXTRA does not warrant that the Service will be uninterrupted, or error-free. The Service is provided with no warranties regarding protection from attacks, data integrity or data availability. No communication between the Customer and BXTRA will create a warranty or in any way alter or restrict any disclaimer of warranty or limitation of liability set forth in this Section or elsewhere in this Agreement. As used in the previous sentence, "communications" include, without limitation, marketing materials and representations of salespeople, advice provided by BXTRA or any of its representatives, quotes, the Customer's Signup, and any work order or other ordering document.
- BXTRA WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR MULTIPLE DAMAGES, EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
- Except to the extent specifically provided in this Agreement, and except to the extent that applicable law specifically forbids such limitation of liability, BXTRA WILL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS, OR PROCEEDINGS RESULTING FROM ANY OF THE FOLLOWING OR FROM ANY BXTRA EFFORTS TO ADDRESS OR MITIGATE ANY OF THE FOLLOWING:
- SECURITY BREACHES, INCLUDING WITHOUT LIMITATION EAVESDROPPING, THIRD PARTY ACCESS TO THE CUSTOMER DATA OR TO ASSIGNED TERMINALS, THIRD PARTY ACCESS TO OR MISUSE OF PASSWORDS PROVIDED TO/BY BXTRA;
- RELEASE OR EXPOSURE, FOR ANY OTHER REASON, OF SENSITIVE OR PERSONAL INFORMATION OR OTHER PRIVATE DATA, INCLUDING DATA BELONGING TO THE CUSTOMER'S OWN CUSTOMERS AND OTHER USERS;
- DENIAL OF SERVICE ATTACKS, VIRUSES, WORMS, AND OTHER INTENTIONAL INTERFERENCE BY THIRD PARTIES, INCLUDING WITHOUT LIMITATION BY OTHER BXTRA CUSTOMERS;
- LOSS OF DATA OR LOSS OF ACCESS TO DATA;
- ACTIONS OF THIRD PARTIES, INCLUDING WITHOUT LIMITATION OTHER BXTRA CUSTOMERS AND THIRD PARTY PRODUCTS AND SERVICES PROVIDERS;
- ACTIONS OF BXTRA EMPLOYEES, AGENTS, OR CONTRACTORS ACTING OUTSIDE THE SCOPE OF THEIR DUTIES;
- MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF DATA, ERRORS, DEFECTS, DELAYS IN OPERATION, OR OTHER FAILURES OF PERFORMANCE OF THE SERVICE, INCLUDING WITHOUT LIMITATION ACCIDENTAL DISCONNECTION AND TERMINATION OF SERVICE; AND
- THE ACCURACY, COMPLETENESS, AND USEFULNESS OF THE SERVICE.
- THE LIABILITIES LIMITED BY THIS SECTION APPLY:
- TO LIABILITY FOR NEGLIGENCE;
- REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT PRODUCT LIABILITY, OR OTHERWISE;
- EVEN IF BXTRA IS ADVISED IN ADVANCE OF THE POSSIBILITY OF THE DAMAGES IN QUESTION AND EVEN IF SUCH DAMAGES WERE FORESEEABLE; AND
- EVEN IF THE CUSTOMER'S REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. BXTRA's limitations and exclusions of liability and disclaimers of warranty, set forth in this Section and elsewhere in this Agreement apply equally to BXTRA's officers, employees, agents, contractors, representatives, suppliers, subsidiaries, parents, and affiliated companies. The Customer acknowledges and agrees that BXTRA has set its prices and entered into this Agreement in reliance upon such limitations of liability, and that such limitations of liability form an essential basis of the bargain between BXTRA and the Customer.
The Customer will defend, indemnify, and hold harmless BXTRA (including its officers, employees, agents, contractors, representatives, suppliers, subsidiaries, parents, and affiliated companies) from a claim by any of the Customer's customers or users, or any other third party, arising out of or related to the Customer's use of, misuse of, or failure to use the Service, including without limitation:
- alleged Customer conduct that would breach this Agreement, including AUP violations;
- security breaches or other alleged faults in the Service, faults leading to the release or exposure of personally identifiable information or other private data
- any action taken by BXTRA as part of an investigation into a suspected violation of this Agreement or as a result of its conclusion that a violation has occurred. Such Customer obligation includes payment of losses, expenses, damages, judgments, settlements, and costs, including without limitation attorneys' fees.
If BXTRA management decide for any reason that a store is not a good representation of the service it will be removed from the BXTRA Map with a view to cancel the agreement between BXTRA and the store.
- The Customer is responsible for maintaining the confidentiality of PINs, usernames and passwords, and the Customer will not transfer or sell to any third party such usernames or passwords, or Customer's access to the Service.
- BXTRA is not obligated to sell the Customer any Service feature not listed in the Customer's Signup, or to provide more Service than required by such Signup.
- During the term of this Agreement and for 180 days thereafter, the Customer will not encourage or solicit any BXTRA employee or independent contractor to leave BXTRA's employ, or otherwise interfere with BXTRA's employment relationships.
- No remedy of BXTRA provided in this Agreement for late payment, declined credit card charges, or other breaches will limit any other right or remedy of BXTRA at law or in equity.
- All written communications to the Customer will be deemed delivered if sent to the contact points provided to BXTRA at the time of order, or to such other contact points as the Customer provides in writing. Customer will include a valid e-mail address with such contact points. All written communications to BXTRA will be mailed by the Customer, unless BXTRA notifies the Customer in writing of alternate contact information, except to the extent that this Agreement provides that such communication will be made through the Customer Portal.
- BXTRA may revise this Agreement from time to time by posting an amended version at any BXTRA website and sending the Customer written notice thereof.
- This Agreement is to be construed in accordance with and governed by the internal laws of the Republic of the Philippines without giving effect to any choice of law rule that would cause the application of the laws of any other jurisdiction other than the internal laws of the Republic of the Philippines to the rights and duties of the parties. The parties hereby consent to personal and exclusive jurisdiction and venue of the courts of the Republic of the Philippines.
- To resolve any complaint regarding the Service or receive any further information regarding the Service, the Customer should contact BXTRA at the contact points provided on BXTRA's website under "Contact Us"; and
- The Customer will not use the Service in any way that violates applicable laws or regulations.
- No delay, failure, or waiver of either party's exercise or partial exercise of any right or remedy under this Agreement will operate to limit, impair, preclude, cancel, waive, or otherwise affect such right or remedy. To the extent caused by force majeure, no delay, failure, or default will constitute a breach of this Agreement.
- The Customer may not assign this Agreement or any of its rights or obligations hereunder without BXTRA's express written consent. Except to the extent forbidden in the previous sentence, this Agreement will be binding upon and inure to the benefit of the respective successors and assigns of the parties.
- If any provision of this Agreement is held invalid, illegal, or unenforceable, including without limitation as a result of unconscionability or inconsistency with public policy, such provision will be construed so as to come as close as possible to its intended meaning, and the validity, legality, or enforceability of the remaining provisions will in no way be impaired.
- This Agreement, including those documents incorporated by reference, embodies the final, full, and exclusive statement of the agreement between the parties, and supersedes all prior agreements, negotiations, representations, and proposals, written or oral, relating to its subject-matter.
- In the case of loss of card it is the responsibility of the Customer to inform BXTRA via the website or at a BXTRA store.
PRIVACY POLICY
Effective Date: September 3, 2018
BEEP EXTRA LTD and BEEPXTRA PHILIPPINES, INC. (jointly hereinafter “BXTRA”) have created this Privacy Policy to record and explain our commitment to privacy, and as an agreement with our customers and with other third parties about our data-handling. This policy lists the types of potentially private data BXTRAcollects, explains how we use and protect that data, and discloses our key procedures surrounding privacy.
This Privacy Policy applies to BXTRA’s services (collectively, the "Service") and to its websites: www.BXTRA.com.ph and www.bstores.com.ph
THIS PRIVACY POLICY IS A BINDING AGREEMENT BETWEEN YOU AND BXTRA. It forms part of a larger agreement between BXTRA and its customers, website visitors, and other users, consisting of the Terms of Service provided at http://www.BXTRA.com.ph/en/terms-and-conditions, as well as the other documents referenced in the Terms of Service. It is effective as of the moment you indicate agreement on the BXTRA.com.ph website, or from the moment the two parties sign a paper version of this Privacy Policy, Terms of Service or customer sign up form, or as of the moment the Customer uses any BXTRA service or website, including BSTORES.com.ph (whichever comes first).
Your use of the Service and of BXTRA's websites is voluntary; if you do not agree with the terms of this Privacy Policy, you should not provide us with any personal data, refuse our Service and/or leave BXTRA’swebsites. By using our Service or websites, you signify that you agree with the terms of this Privacy Policy. We may change this Privacy Policy from time to time by posting a new version here (with a new Effective Date at the top), and the new version will become effective immediately.
The privacy of BXTRA's customers and affiliates is important to us. Therefore:
- BXTRA does not sell or rent personal data.
- BXTRA does not spam, and its policies forbid use of the Service for spam.
- BXTRA policy requires that all company employees sign a confidentiality agreement.
I recognize that the Company has received and in the future will receive from third parties their confidential or proprietary information subject to a duty on the Company's part to maintain the confidentiality of such information and to use it only for certain limited purposes. I agree to hold all such confidential or proprietary information in the strictest confidence and not to disclose it to any person, firm or corporation or to use it except as necessary in carrying out my work for the Company consistent with the Company's agreement with such third party.
- BXTRA collects and uses data from our customers, and from visitors to our websites (including blogs), as follows:
- Visitor Number Tracking: BXTRA tracks the number of visitors to BXTRA's website, as well as the pages they visit within the sites and the hyper-links they use (if any) to leave. This doesn't involve collection of any personal data. We use this information to analyze interest in and usage of the website and the Service.
- Data Provided Through Inquiry Forms: Website visitors interested in the Service can fill out a sales inquiry form at the site. Those forms request company name, individual name, title, address, telephone number(s), and email address(es). BXTRAuses this information to contact the potential customer. We also use the information to generate statistics regarding interest in the Service. We may share these statistics with third parties, but they do not include any personal data.
- Shopping Cart and Portal Cookies: BXTRA's computer network uses cookies to recognize visitors who use a shopping cart at BXTRA's website. Our network also uses cookies to recognize customers who use the customer portal at BXTRA's website. The cookies facilitate easy use of the shopping carts and the portal, as well as visitor number tracking, as explained in the first bullet above. Finally, we may in some cases use information generated through cookies to facilitate communications with visitors and customers (including sales calls). Our cookies have no other purpose.
- Customer Account Information: When customers sign up for the Service, and during their Service relationship, we collect some or all of the following: company name, individual name, title, address, telephone number(s), email address(es), credit card number. We also record and retain most written communications with customers, including trouble tickets, support requests, and payment history. BXTRAuses this information for to render the Service and for customer support. We also use contact information to send customers Service-related announcements, including newsletters and notices of new Service features and related products and services provided by BXTRApartners. Customers can opt out of new product/service notices by sending an email to marketing@BXTRA.com.ph, or by following the unsubscribe instructions at the bottom of any one of the email notices. (However, current customers may not opt out of necessary Service or account maintenance notices.) Finally, we generate statistical information regarding our customer-base and use it to analyze our business. We might share this statistical information with third parties, but it does not include any personal data.
- Blog Replies: A customer, user, or visitor may respond to the various blogs provided through our website. If the author so chooses, the response may include his personal data, and that data will be posted online along with the rest of the blog reply. In general, however, we do not recommend that blog replies include personal data.
- Contestant Information: BXTRAoccasionally runs contests for promotional purposes. We may collect certain information from contestants, including personal data. We may post that data in online or other public notices to identify contest winners. We may also use contest entries (videos, blogs, etc.) for public marketing purposes, and we may include contestant names and other personal data with those entries. For more on how we use information provided by contestants, please see the rules for the contest in question.
- BXTRAalso sometimes: (1) tracks the IP addresses of computers communicating (via e-mail or any other mechanism) with our customers' systems; and (2) inspects data packets ("deep packet inspection" or "DPI") solely for the purpose of trending and archiving specific threat types. Data described in the preceding sentence may include personal data. BXTRA uses this data solely to maintain the security of the Service.
- BXTRA uses and processes personal data to render the Service, for customer support, system maintenance and promotion of new Services and Products. Customers can opt out of new product/service notices by sending an email to marketing@BXTRA.com.ph, or by following the unsubscribe instructions at the bottom of any one of the email notices. (However, current customers may not opt out of necessary Service or account maintenance notices.)
- BXTRA does not share personal data under any circumstances, except as provided in paragraph C below and except: (1) as requested by law enforcement agencies or required by law; (2) to maintain the security of the Service and of BXTRA's own network and data, including investigating security breaches; (3) to collect money owed to BXTRA, including through legal proceedings; and (4) to identify, contact, or take legal action against customers or third parties violating BXTRA's Terms of Service, Terms of Use and other policies and contracts, interfering with property rights or with the Service, or breaking the law.
- BXTRA sometimes employs independent contractors to help run the Service, and such contractors may have access to data, similar to the access we give our employees. Also, BXTRAstores sales account data, including customer passwords and personal data.
- BXTRA takes precautions to ensure that access to databases containing customer information is available only from within BXTRA's internal network or through our sales application service provider. Further, we typically encrypt financial information during transmission, or use secure protocols. No protocol, encryption, or other precaution can provide complete security for electronic data, so we do not provide a guarantee of security.
- BXTRA policy requires that all its employees execute a confidentiality agreement which includes the affirmation quoted above. Most contractors also sign a confidentiality agreement, with obligations similar to the employees'. (Customers and other third parties are not beneficiaries of the employee confidentiality agreement, or of BXTRA's agreements with independent contractors, and so have no rights to enforce those contracts.)
Customers can change their account information. Most customers can do so via BXTRA's online customer portal. All other customers can access and change account information via the My Profile Page under the BXTRA site.
Customers and other third parties should contact BeepXtra Philippines, Inc. about any suspected misuse of their personally identifiable information or other data. All such inquiries or complaints should be directed to us via email to abuse@BXTRA.com.ph.