Terms of Use

II. Acceptable Use Policy

The PayMongo Virtual Account Holder agrees to refrain from doing the following:

1.1. Gain or attempt to gain unauthorized access to any part or feature of the Services or to any other system or network connected to the Services. You also agree not to gather, harvest, or otherwise collect information about others using the PayMongo Services without their explicit informed consent; nor restrict, prevent or prohibit any other party from using the PayMongo Services, including but not limited to such actions which may tend to discourage others from using the PayMongo Services, such as stalking, flaming or the lashing out at other parties, spamming or the sending of unsolicited information, advertisement or content, flooding or the sending of repetitive message, trolling or the use of insulting or deliberately divisive information, material or content, other forms of annoyances, and the like;

1.2. Circumvent, disable, or otherwise interfere with security-related features of the PayMongo Services, including those that prevent or restrict use or copying of any content, material or information available on or through the PayMongo Services, as well as those that enforce limitations on the use of the PayMongo Services;

1.3. Probe, scan or test the vulnerability of the PayMongo Services or any network connected to it, and not to breach the security or authentication measures on the same. You agree not to reverse look-up, trace or seek to trace any information on any user of or visitor to the PayMongo website, or any other customer of PayMongo including any account maintained with the PayMongo Services not owned by you, to its source, or exploit the PayMongo Services or any information made available or offered by or through the PayMongo Services, in any way where the purpose is to reveal any information, including but not limited to personal identification, other than your own information;

1.4. Agree not to copy or download any material or content from or through the PayMongo Services unless such copying or downloading is explicitly allowed by a visible manifestation thereof such as a “download” button or a similar link ostensibly displayed. You further agree not to engage or attempt to engage in the use, copying, transmission, broadcast, display, distribution or sale of any of the contents, material or information available on or through the PayMongo Services, including user comments and the like, other than as expressly permitted herein, or as explicitly indicated in the PayMongo Services, including use thereof for commercial purposes;

1.5. Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the PayMongo Services or its systems or networks, or any systems or networks connected to the PayMongo Services;

1.6. Use any device or routine to interfere or attempt to interfere with the proper working of the PayMongo Services or any transaction being conducted using the PayMongo Services, or with any other person’s use of the PayMongo Services. You agree that you will not engage in any activity that interferes with or disrupts the PayMongo Services or the servers and networks which are connected to the PayMongo Services;

1.7. Use the PayMongo Services for any purpose that is illegal, unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes on the rights of PayMongo or others. You further agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on any content, material or information, either in whole or in part, available on or through the Services, unless you have been specifically permitted to do so by PayMongo or by the owner of that content, material or information in a separate agreement.

2. Third Party Content & Services

2.1. The PayMongo Service contains content provided by third party services and resources. You acknowledge and agree that we are not responsible or liable for: the availability or accuracy, appropriateness, completeness or non-infringement of such Third- Party Services; or the content, products, or services available on or through such Third-Party Services. Unless specified by us, the availability of such Third-Party services does not imply any endorsement by us of such Third-Party services or the content, products, or services available therefrom.

2.2. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the application and the services or in any Third-Party Services.

2.3. PayMongo makes no representation or warranties whatsoever about any service, content and / or any other resources provided by the Third Party.

3. Reserved Rights

PayMongo reserves, at our sole discretion but without obligation, the right to:

3.1. Deny access to and / or discontinue the PayMongo Services or any component thereof to anyone at any time, temporarily or permanently, without giving any reason and/or prior notice to you. You hereby irrevocably agree, affirm and warrant to hold PayMongo free from any liability, both under equity and the law, arising or that may arise out of any such denial of access to or the discontinuance of the PayMongo Services;

3.2. Collect, screen, review, flag, filter, modify, block, refuse or remove any and/or all information provided by any user, explicitly or implicitly to and through the PayMongo Services, including but not limited to hardware information, IP address, browser-type related information, cookies and the like. You hereby irrevocably agree, affirm and warrant to hold PayMongo free from any liability, both under equity and the law, arising or that may arise out of any such collection, screening, review, flagging, filtering, modification, blocking, refusal or removal of any and/or all information provided by any user to and through the PayMongo Services;

3.3. Enhance, improve, develop and introduce new features and functionalities to the PayMongo Services at any time and without prior notice. You hereby understand, agree, and affirm that any such enhancement, improvement, development, new feature and/or new functionality to the PayMongo Services shall form part of the PayMongo Services as defined herein and thus shall likewise be covered by these Terms and its subsequent revisions or amendments, as applicable;

3.4. Verify, check, cross-refer, validate, and ascertain the veracity and truthfulness of all information supplied by you by acquiring, accessing, retrieving, or otherwise acquiring similar or additional information supplied by you to other third-party service providers, including, but not limited to telecommunications providers, etc. You hereby expressly, unequivocally, and voluntarily allow PayMongo to request for and secure such information, and expressly, unequivocally, and voluntarily instruct such third-party providers to: (a) receive and process PayMongo’s request; (b) favorably act at all times on any such request by producing the information requested; and (c) when requested by PayMongo, provide the latter with certified digital or printed copies of the said information;

3.5. Send you or cause to send you service updates and/or messages, including SMS, notifications, email and/or any data message transmission, informing you of enhancements, improvements, developments, features, functionalities, products, promotions, offers, advertisement and/or any other information relative to the PayMongo Service. PayMongo makes no warranty of any kind, express or implied, for such service updates and/or messages, but you hereby agree to receive such service updates and/or messages and hold PayMongo free from any liability and/or claims for indemnification or damages that may arise therefrom;

3.6. Set limitations to and charge fees and applicable taxes for the use of the PayMongo Services, at any time and without prior notice. You further understand and agree that PayMongo reserves the right, at its sole discretion and under no obligation, to change the applicable fees, taxes and charges levied for the use of the Services, at any time and with prior written notice to you thirty (30) days prior to effective date of change in fees / charges /penalties;

3.7. To limit the provision, availability, quantity and quality of any feature, product or service to any person or to anyone within the same geographic area, demographic profile, or any other market, commercial, and/or trading segments. You likewise understand and agree that PayMongo reserves the right, at its sole discretion but without obligation, to administer and operate any and/or all of the PayMongo Services from any or various locations outside the Republic of the Philippines. You hereby understand, agree, and undertake sole responsibility for your continued access to or use of the PayMongo Services, as well as the results or consequences of such access and use, including the responsibility for compliance with applicable local laws and the sole liability for non-compliance or breach thereof.