These terms and conditions (“Terms“) shall serve as your User Agreement with DIRECT AGENT 5, INC. (“DA5“) and shall apply to your visit and use of its online electronic money and virtual currency conversion platform: DA5 Payment Sytem (“DAPS”) accessible via an application available for download with website accessible at www.da5.com.ph collectively, the “Platform“), and its User Services, which are further defined below, as well as to all information, recommendations and/or services provided to you on or through the Platform.
DA5 and its Platform is subject to the Bangko Sentral ng Pilipinas’ (“BSP”) Manual of Regulations for Non- Bank Financial Institutions (“MORNBFI”), as amended, the issuances of the BSP, the Anti-Money Laundering Act (“AMLA”), as amended, and its Implementing Rules and Regulations, the issuances of the Anti-Money Laundering Council (“AMLC”), the Terrorism Financing Prevention and Suppression Act, the Data Privacy Act of 2012 and its Implementing Rules and Regulations, and any other applicable laws and regulations (collectively, the “Law”).
Please read the Terms set out below before ordering or purchasing any item from the Platform. By using the Platform, and ordering or purchasing any item displayed therein, you agree to be bound by these Terms. If you do not agree to be bound by these T&Cs, you are required to immediately cease, exit, or stop accessing the Platform.
DA5 reserves the right to amend, change, add or modify the Terms without prior notice to the users of the Platform. As such, if you do not agree with the Terms, please close the Platform, and do not use them and avail of the User Services. You are responsible for regularly reviewing these Terms. By using the Platform after any changes have been made, you acknowledge your agreement to the modified Terms and all the changes made therein. Any other use of Platform not in accordance with these Terms is a material breach thereof.
I. DEFINITION OF TERMS
- Platform – means the DA5 Payment System, including Over-The-Counter (“OTC”) channels, wherein a customer (you) can access our Services (as identified below) through an application to run on a mobile device or a tablet computer or via OTC channels available to
- DAPS Account or Account – means your user account with the Platform which enables you to use and access DA5’s EMI and VASP Services
- DA5 – is an entity duly licensed by the Bangko Sentral ng Pilipinas as an Electronic Money Issuer (“EMI”) and Virtual Asset Service Provider (“VASP”)
- Cash-in – means the process of exchanging Philippine Peso cash for the e-money which will be added to your e-Wallet
- Cash-out – means the process of exchanging e-money to Philippine Peso cash
- E-Wallet – Refers to the electronic wallet that is used to store electronic money (e-Money) to make cashless, digital transactions. Each User can only own one (1) e-Wallet account at any
- E-Money – Refers to electronic money that is used in your Platform transactions (e.g., pay bills, scan to pay, cash in). It may only be redeemed at face value. It shall not earn interest nor rewards and other similar incentives convertible to cash, nor be purchased at a discount. It is not a deposit account. Hence, it is not insured by the Philippine Deposit Insurance Corporation (“PDIC”).
- One Time Pin (OTP) – A one-time password (OTP) is an automatically generated numeric or alphanumeric string of characters that authenticates the user for a single transaction or login session.
- Know-Your-Customer or KYC – the process of obtaining information to identify and verify the identity of the User
- Top-up – to add money, value or credits to an existing account in order to avail of the services provided by the merchant available in the platform
- VC – Any type of digital unit that can be digitally traded, or transferred, and can be used for payment or investment purposes. It can be defined as a “property”, “proceeds”, “funds”, “funds or other assets”, and other “corresponding value”
REGISTRATION FOR DAPS ACCOUNT
When you accept these Terms, you are creating your DAPS account associated with your mobile number. You will be asked to provide your information in accordance with the Law’s Know-Your-Customer (“KYC”) requirements which will be used to determine your eligibility to use the Platform.
By registering an account, you represent that you are at least 18 years old. You also represent that you have legal capacity, power, and authority to consent to these Terms and that you are registering for your own account and capacity. You are responsible for providing correct registration information. We reserve the right to request for additional information to aid in account verification, as well as close, suspend or limit your access to the Platform in the event of incomplete or incorrect information provided.
You may only have one (1) Account associated with one (1) mobile number.
You understand and agree that your failure to provide and maintain accurate, complete, and updated information required by these Terms may result in your inability to access or use your Account.
Each Account has its own e-Wallet. The e-Wallet stores your e-Money. Your e-Money may only be redeemed at face value. It shall not earn interest nor rewards and other similar incentives convertible to cash, nor be purchased at a discount. It is not a deposit account. Hence, it is not insured by the Philippine Deposit Insurance Corporation (“PDIC”). Your e-Money stored in your e-Wallet may be used to transfer to another User or purchase goods and services with our partner merchants.
DA5 is the issuer of all e-Money in your e-Wallet. In compliance with the Law, DA5 undertakes to protect its Users to ensure that e-Money redemptions are adequately met at all times, with sufficient liquid assets equal to the amount of the outstanding e-Money issued.
ACCESS TO YOUR ACCOUNT
You shall not abuse or misuse your Account in any manner, including but not limited to:
- engaging in any illegal or fraudulent activities;
- supplying or attempting to supply any false or misleading information, or make any misrepresentation to DA5;
- in any manner that may damage, disable, overburden, corrupt or impair DA5, the hardware or application and software system, security protocols, information or other operations;
- attempting to gain or gain unauthorized access to any account(s) other than your own account through hacking, password mining or any other
You shall be responsible for regularly checking your account and keeping your personal details up to date. You shall notify us of any changes, omissions or incorrect details as soon as you become aware of any of them. DA5 shall not be responsible for any failure by you to notify us of any such changes, omissions or incorrect details or for any incorrect information notified to us. You hereby release and waive any and all rights or causes of actions against DA5 from any injury or damages arising from your failure to provide accurate and updated information.
To maintain confidentiality and security of your Account and data therein, you agree that:
- you are solely responsible for your computer, system or other device from which you access your Account, including but not limited to the maintenance, operation and permitted use of such computer, system or other device and that it is your obligation to comply with any criteria imposed by DA5 from time to time in respect of your computer, system or other devices from which you access your Account;
- you shall not access your Account using any computer, system or other device which you do not own, unless you have received the owner’s permission;
- you shall refrain from accessing your Account through any public and/or unsecured network; notwithstanding the foregoing, you will not hold DA5 liable for any injury or damages arising from your access to your Account through any public and/or unsecured network;
- you shall ensure that any computer, system or other device from which you access and use your Account shall be properly maintained and shall be free from any defects, viruses or errors; and
- you shall ensure that you have downloaded the application from trusted
You hereby irrevocably and unconditionally agree to give consent to DA5
- to collect, store, hold, transfer (within or outside the Philippines), administer and process your personal data for our internal use and records subject to the Law and our Privacy Statement; and
- to disclose and release your personal data to the relevant government authorities and agencies, where it is required under the law which we may deem
Our Privacy Statement shall form an integral part of these Terms and can be viewed at .
You acknowledge that the Platform may be subject to interruptions, limitations, delays and other problems inherent in the use of the internet and electronic communications, including the device used by you being faulty, not connected, out of range, switched off or not functioning. DA5 not is responsible for any delays, delivery failures, damages or losses resulting from such problems.
Subject to the Law, your use this service entirely at your own risk and acknowledge that DA5 is not responsible for any and all damages, losses, or expenses which you may suffer because the service is unavailable or does not operate as expected or causes loss or damage to any data.
Further, subject to the Law, any responsibility arising from any unauthorized access or use of your Account due to your failure to comply with your responsibilities under these Terms shall be borne by you.
The services available in the Platform are:
- Cash-in – exchanging Philippine Peso cash for the e-money which will be added to your e-Wallet;
- Cash-out – exchanging e-money to Philippine Peso cash through our cash-out partners;
- Bills Payment – instantly pay bills with our partner merchants online;
- Intra-bank fund transfer – Withdrawal option that allows you to transfer funds from your e-Wallet account to your bank account;
- VC Conversion – Exchange VC to Philippine Peso (and vice versa).
DA5 reserves the right to automatically suspend or block an Account in the event that DA5 has reason to believe that your Account is being used for fraudulent or suspicious activities (as defined under the Anti- Money Laundering Act) or by an unauthorized person. You shall hold DA5 free from liability for such suspension or blocking or any loss or damage which you may suffer as a result thereof.
In case of compromised Account, you shall immediately inform DA5 through our customer care touchpoints of such concern. Suspension of your Account shall be processed only upon proper authentication by DA5. All transactions made prior to the successful reporting of loss to DA5 shall continue to be your liability.
The proof of purchase after every transaction is presumed correct unless you report any dispute within fifteen (15) days from the date of transaction. If no dispute is reported within the said period, the transaction is considered valid. Disputed transactions will be properly investigated and once DA5 determines its validity, only then will the amount be credited back to your e-Wallet or VC-Wallet, as may be applicable. Erroneous transactions done such as incorrect amount inputted, incorrect mobile number inputted, incorrect product selected, and alike, shall not be valid for reversal. It is your responsibility to ensure that correct details are inputted or selected prior to confirming your transaction.
DORMANCY, CANCELLATION, TERMINATION OF ACCOUNT
You can opt to cancel your Account at any time through a request addressed to our customer support team, subject to your right to cash out all of your remaining balance in your Account. Once your account is cancelled, you can no longer log in to your cancelled Account.
Failure to comply with the Terms and Conditions shall be a basis for the termination of the Account. Further, your Account will be considered inactive if there are no client-initiated transactions for a period of one (1) year from the last transaction. Should the account be declared dormant, applicable fees may be charged to the account until it becomes zero.
We recommend that you Cash Out your e-Wallet prior to your cancellation request through the means provided under the Cash-in and Cash-out features in the Platform. Please note that the outgoing monthly transaction limit will be observed. We will not be able to process cancellation request if there is still balance in your e-Wallet.
DA5 grants you a limited, personal, non-exclusive and non-transferable right and license to use the Platform. Unless otherwise specified in writing, The Platform is for your personal and non-commercial use. The Platform, including, without limitation, the content, metadata, design, organization, compilation, look and feel, the source, object and HTML code and all other protectable intellectual property available through The Platform (the “Proprietary Materials”) are the property of DA5 and are protected by copyright and other intellectual property laws. All rights regarding the Proprietary Materials not expressly granted in this T&Cs are reserved by DA5. Unless you have our written consent, you may not copy, reproduce, sell, publish, distribute, display, retransmit or otherwise provide access to the Proprietary Materials to anyone. You agree not to rearrange, modify, create derivative works, or reverse engineer the Proprietary Materials. You agree not to create, scrape or display our content for any purpose. You agree not to post any content from The Platform to blogs, news groups, mail lists or electronic bulletin boards, without our written consent.
By using the Platform, you agree that your use:
- Will be for lawful purposes only and never for sending or storing unlawful material or use for fraudulent purposes;
- Will not cause nuisance, annoyance, disruption, or inconvenience to our partners;
- Will not impair the proper operation of our network;
- Will only be through access points or wireless data account which you are authorized to use; and
- May involve standard data charges by your wireless
You acknowledge that all intellectual property rights in The Platform anywhere in the world belongs to DA5, that rights in The Platform are licensed (not sold) to you, and that you have no rights in, or to, The Platform other than the right to use it in accordance with these T&Cs.
You acknowledge that you have no right to have access to The Platform in source-code form.
For any concerns, you may get in touch with the following DA5 customer support channels:
NO LIABILITY TO CUSTOMER
The Platform is provided on an “as is” basis. DA5 makes no warranties that the Platform’s services shall be uninterrupted, bug or error-free. DA5 disclaims all representations and warranties to the Application including but not limited to the warranties of merchantability and fitness for a specific purpose. Further, DA5 does not represent that the information or content accessible through the Platform is accurate, complete and current and all information, including applicable fees and availability, shall be subject to change without prior notice to you. Subject to the limits provided by law, you acknowledge and agree to assume all risks associated with the use of the Platform, and any information available and/or accessed through the Platform and any security features provided for the Platform.
Further, you agree that DA5 makes no warranties as regards the products and/or services provided by the Merchants, it being acknowledged that all warranties thereto shall be solely exercised by and charged against the Merchant.
You acknowledge that, except as expressly provided herein, DA5 shall not be liable for any claim, liability or damage for whatever direct, indirect, consequential and/or other damages including loss of opportunity, anticipated profits or other economic gain as a result of the ineffective use or non-use of the Platform, and/or of the partner merchant’s services or products.
REPRESENTATIONS, WARRANTIES, AND DATA PRIVACY GATHERING
Upon acceptance of these Terms, you agree to abide by the KYC requirements set forth by DA5 in accordance with the Law’s requirements. DA5 may also ask for valid ID/s or other documentation to verify the accuracy of the KYC Information provided. Likewise, in line with the submitted KYC Information, you agree to provide consent to DA5 to share the information with third party vendors, remittance partners and third-party databases, as necessary, for the purpose of fulfilling requirements of the Law
Likewise, you represent and warrant that you are not violating any applicable laws or regulations through your use of the Platform. You are responsible to ensure the information you supply is accurate. You will be responsible for keeping the confidentiality of your User ID and Password. In any event of unauthorized use of the service, DA5 shall not be liable for any inconvenience and damage caused to the DAPS user, or a third party. DA5 may suspend or terminate use of the service for whatever legal reasons it deems proper. In the event of any suspension, termination or confiscation of the service, the DAPS user agrees to hold DA5 free and harmless from any claim, damages, loss, expenses, suit or liability whatsoever, arising from such suspension, termination.
DA5 shall not be liable for any loss or damage of whatever nature in connection with the implementation of transactions coursed through the Platform in the following instances:
- Loss or damage you may suffer arising out of any improper, fraudulent access or utilization of the Platform due to theft or unauthorized disclosure of User IDs, passwords;
- Any defect or malfunction of your mobile device or network that prevents access and/or use of the Platform;
- Incomplete information you received due to disruption or failure of any communication facilities used for the Platform; and
- Such other circumstances or reasons which effectively prevent DA5 from implementing the transaction.
Subject to the limits provided for under the Law, DA5 shall not be liable for any indirect, incidental or consequential loss, you may suffer or have suffered by reason of your use or failure or inability to use the Platform.
COST, VENUE OF SUIT, INDEMNITY AND GOVERNING LAW
In the event of a claim or dispute, you agree to observe good faith and exert best efforts towards an amicable resolution of any claim or dispute. In case of any litigation arising from the use of the Platform, DA5 user shall pay the cost and expenses of litigation and attorney’s fees and any legal actions arising hereunder shall be adjudicated before a court of competent jurisdiction located in Makati City, to the exclusion of all other courts.
You shall indemnify DA5 against all claims, demands, actions and proceedings which may be made against DA5 and in respect of any and all damages, liabilities, losses, costs and expenses (including legal costs on a full indemnity basis) which may be incurred, sustained or suffered by us, directly or indirectly, due to the use or misuse of the Platform, negligence, misconduct or breach of any of these Terms by you and/or any other act, thing or matter arising out of or in connection with these Terms and Conditions. These terms and conditions shall be governed by and interpreted pursuant to the laws of the Republic of the Philippines.
GENERAL TERMS, AMENDMENTS AND NOTICES
These Terms and any amendments hereof shall constitute the entire agreement between you and DA5 relating to the subject matter hereof and supersedes in full any and all prior agreements. Thus, if any of the provisions of these Terms is declared or found to be unenforceable, illegal, then that provision shall be deemed removed from these Terms without affecting the validity of all other provisions. DA5 may change these Terms and Conditions or any features of the DAPS as it may deem necessary. You understand that DA5 may add, remove, modify features, functionalities and products that comprise the Service at any time without prior notice to you.