Welcome! Please note that this agreement is a legally binding contract that should be read in its entirety.
By using the Service, you acknowledge that you have read and understood the TOU and you agree unconditionally to be bound by its terms and conditions, and all amendments, revisions and additions which we may at our absolute discretion effect from time to time, without notice to you, by posting the updated TOU on this site.
The words “You”, “Your” and “Yours” refer to Sendah Direct users. The words “We”, “Us” and “Our” refer to VeriPay Mobile Systems, Ltd.
In consideration of your use of the Service, you agree that:
By using the Service, you have accepted and agreed to be bound by all operational rules and general terms and conditions governing the Service, including without limitation all the following sections of this TOU. You likewise agree to be bound by any and all laws, rules, regulations and official issuances applicable to the Service, now existing or which may hereinafter be issued and prevailing at the time of your use of the Service, as well as such other terms and conditions governing the use of other facilities, benefits or services which we may make available to you in connection with Sendah Direct.
2. OVERVIEW OF THE SERVICE
Accessing the Service allows you to resell items including but not limited to mobile airtime top up (load), electronic gift certificates, money, game pins, microinsurance, and other exciting items as may be made available from time to time on the site.
3. USE OF THE SERVICE
Eligibility Requirements. You must be at least eighteen (18) years old, with the capacity to transact/enter into and sign a contract.
First Use. You acknowledge that by opening a Sendah Direct account (either as a Distributor or Agent) for the first time, you are requesting us to process your application, which we may accept or reject at our sole discretion, subject to our acceptance criteria. You further acknowledge that your application may be subject to a processing time of two (2) to three (3) days.
Registration and Required Information. To process your application, first-time users of the Service will be required to provide true, accurate and complete information regarding your: name, email address, contact details, office/home address and business registration/permit (for distributor account only). By opening a Sendah Direct account and using the Service, you warrant that you are of legal age, have provided true information and are fully authorized to sign, register for, and avail of this Service.
Anti-Fraud Measures. We implement strict anti-fraud measures. We may block or suspend your account should we suspect unlawful use, or detect inconsistencies which indicate a pattern of fraud.
Notifications and Updates. All announcements relating to technical issues on the site will be flashed on the Sendah Direct homepage. With regards to price updates, users will be informed by Ayannah’s account officers via callout and email.
Payment. To avail of any Sendah Direct service, first-time users need to go to any of our partner banks, namely Banco de Oro (BDO), Bank of the Philippine Islands (BPI) and The Hongkong and Shanghai Banking Corporation (HSBC) and deposit the required minimum amount to activate their accounts. Agents or Distributors, whether residing here or abroad, may reload their Sendah Direct wallets following the same process.
Limitations of Service. Transactions may be delayed or otherwise restricted as a result of technical problems on the site, our verification process and compliance with applicable law.
Unauthorized Use. You agree that your use of the Service shall not violate this TOU, or any laws, rules and regulations relating to money laundering, fraud, or the funding of terrorist activities.
4. RESPONSIBILITY OF USER
You certify that the identifiers you entered are your own, that you are signing on to conduct personal business as Reseller/Agent or Distributor, and that you are an authorized user of the Sendah Direct platform. You also acknowledge that you are solely responsible for any loss of privacy or the security of your registered accounts if you disclose your Username and Password to any other person, directly or indirectly, or to any websites that are not legitimately owned and operated by Ayannah. You agree to contact Ayannah immediately if you have reason to believe that someone has gained unauthorized access to your Password. Ayannah will not be held liable in case of mishandling, security breach and data manipulation of your account.
5. AVAILABILITY TO AND MODIFICATIONS OF SERVICE
We reserve the absolute discretion to make the Service available to you from time to time, to determine the scope of the Service, apply transaction limits, change procedures for transactions, and other matters pertinent to the Service without need of notice or responsibility to you. You understand that by using the Service after any modification or change has been effected, you have agreed to such modification or change. If any of the revised terms and conditions is unacceptable to you, you must inform us of your objections immediately and discontinue your transaction. You understand that while the Service is available 24-hours a day, 7 days a week, it may not be available at certain times due to maintenance and/or computer, telecommunication, electrical or network failure or any other reasons beyond our control. Therefore, we shall not be liable to you if you are unable to gain access to the Service or if there is a resulting delay in the transaction.
6. PASSWORD USE
You acknowledge that any access to or use of the Service cannot be made without your Sendah Direct password. You are entirely responsible for keeping your password secret and confidential and you shall not disclose the password to any unauthorized person and take all steps necessary to prevent discovery of the password by any unauthorized person.
7. REPORT OF & LIABILITY FOR UNAUTHORIZED USE
Please inform us immediately if you find out or suspect that someone else knows your password or that unauthorized transactions or any other breach of security have taken place. Please email us at email@example.com immediately if you discover any discrepancies, omissions, inaccuracies or incorrect entries. You are liable for all losses prior to your reporting any discovered or suspected discrepancies, omissions, inaccuracies or incorrect entries or if you act fraudulently or with negligence, including your failure to properly safeguard your password, or to immediately report any unauthorized transaction made.
8. LIMITATION OF LIABILITY
In no event will we, our affiliates, partners, service providers or suppliers and their respective shareholders, officers or employees be liable for any direct, indirect, punitive, exemplary, special or consequential damages of any kind arising in any manner from this site or your use of this Service, or errors or defects therein. If any of us are found liable for any grossly negligent or fraudulent act or omission, our liability shall be limited to the amount of the relevant transaction. You acknowledge and accept that we shall not be liable to you for any direct, indirect, incidental, special or consequential loss or damages arising in any way out of the use of the Service.
You agree to defend, indemnify and hold us, our partners, affiliates, service providers, and respective shareholders, officers or employees, free and harmless from any claims or damages relating to this agreement, or your use of this Service, and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any action in connection with this Agreement.
10. DISCLAIMER OF WARRANTIES
We make every effort to ensure that the Service we provide is secure, cannot be accessed by unauthorized third parties, and is virus-free. However, you expressly agree that your use of the Service is at your own risk. We do not warrant the security, integrity, secrecy or confidentiality of any information or transaction transmitted through any relevant internet service provider, network system or such other equivalent system in any jurisdiction. Nor do we warrant that any information, communication or transaction transmitted or conducted through the Service is not corrupted, free from unauthorized access or interference and/or virus-free. We expressly disclaim all warranties of any kind, whether express or implied. We make no warranty that the Service will meet your requirements.
11. INTELLECTUAL PROPERTY RIGHTS
You acknowledge that the content, including the text, software and graphics, and all proprietary information relating to or in connection with the Service and all updates thereof, including without limitation trademarks, trade names, service marks, patents and/or copyrights, are protected by intellectual property and other proprietary laws, and shall at all times remain vested in us. You may retain a copy of the pages of this site solely for your personal record-keeping purposes, and you agree not to copy, use, or alter the same in any way.
12. ENTIRE AGREEMENT
This document sets forth the complete and entire agreement between you and us, superseding any prior offers, representations and promises made to you by our customer service representatives or employees. If any part of this agreement is found invalid, the remaining provisions shall remain in effect.
13. GOVERNING LAW
This agreement shall be governed by and interpreted in accordance with the laws of the Republic of the Philippines and the exclusive venue for all suits to enforce this agreement shall be the proper courts of Pasig City, Metro Manila, Philippines to the exclusion of all other tribunals.
For your questions, comments, or requests for further information, you may reach us online at firstname.lastname@example.org or at Unit 3003, Jollibee Plaza, F.Ortigas Jr., Rd., Pasig City, Philippines.