Globe Telecom Inc. (‘Globe’)

 

    Terms and Conditions for Payment Service for third Party App Stores

 

1. Definitions

1.1. ‘Application’ means any Vendor software program or other downloadable digital content (together with any applicable documentation or end user license agreement) sold in the 3rd party App Store and paid through any of the payment mechanisms allowed under the 3rd party App Store  including Globe’s Payment Service

1.2. ‘Payment Service’ or ‘Service’ means the services provided to you by the Globe System, including facilitating the sale or license or subscription of Applications via postpaid bill or deduction from your prepaid load/balance on purchase of 3rd party Applications/In-Applications made by you

1.3. ‘Service Provider’ means a third party which provides Globe with delivery and ancillary fulfillment services to facilitate your purchase. Service Provider may include Google Ireland Limited or Google Asia Pacific Singapore, Microsoft Corporation and any other third party that Globe may include from time to time for the payment service.

1.4. ‘Vendor’ means an authorized application or content Vendor who has entered into a contract with Service Provider to sell their Applications to users through the Globe Billing System.

1.5. 'You' means any individual who uses Globe to acquire Application(s)/In-Applications or content using the Payment Service.

1.6. ‘Cancelation’ means an application is canceled by you within 2 hours from the time of purchase. You will be entitled for a refund for the canceled application.

1.7. ‘VAT’ means Value Added Taxes as applicable by the Philippines Tax laws.

 

2. Commencement of Service

2.1. You are deemed to have accepted these Terms and Conditions when you first use the Service, including by clicking a virtual price button in any of the 3rd party Application/In-Application.

 

3. Provision of Service

3.1. Globe shall not be liable for any delay in or for failure to deliver the Application by the 3rd party purchased by you from the 3rd party App Store.

3.2. Globe shall not be liable for the Application purchased by you including but not limited to the content. Furthermore, Globe is not responsible to ensure that Applications will contain anything defamatory, illegal or viruses.  

3.3. Each Application that you purchase and use is subject to the terms and conditions contained in Vendor’s end user license agreement, as set out on their website or wapsite or as otherwise provided to you by them.

3.4. Globe will not provide any operational or technical support for Applications. You may contact the Vendor directly for any such support required.

3.5. Globe may suspend Your use of the Service where it is suspected that there is unauthorized or fraudulent use.

3.6. The Service is only available to Globe customers. If you change your mobile telephone number to another carrier, your service will no longer be available and will be deemed to have cancelled. You will be responsible for all the fees and charges incurred prior to the change of your mobile telephone number. If you are a prepaid customer you will not be entitled for any refund of balance on your prepaid account.

 

4. Charges and Payment

4.1. Prices for Applications are determined by the Service Provider and/or the Vendor, and are subject to adjustment or taxes or currency exchange rates.

4.2. You agree and acknowledge that your acceptance of a charge during the transaction process will entitle Globe to collect payment from charging to your postpaid bill or deduction from your prepaid balance/load. If you are a postpaid subscriber, you will see the charge on your monthly postpaid phone bill. If you are a prepaid subscriber, the charge will be deducted from your prepaid balance/load. The total charge will also include VAT (as per Philippines Tax Laws) over and above the display price on the 3rd party App Store.

4.3. If you subscribe to a subscription service you will be billed in accordance with the subscription frequency and price indicated at the beginning of the service. You are required to refer to the subscription cancellation option at the time of subscribing the service. The cancellation request has to be made to the respective vendor or service provider. If the subscription is not cancelled prior to the renewal time, you may no longer have the right to cancel or receive a refund.

 

5. Cancellations and Refunds

5.1. All purchases are considered final unless:

5.1.1. Globe is required by local laws and legislation to offer additional refund or warranty rights.

5.1.2. You feel your balance/load has been incorrectly debited, in which case you must notify Globe customer service within 30 days of your purchase.

5.2. This returns policy does not apply in respect of any concerns or issues regarding the operation or performance of Applications.

5.3. Incase of any Cancelations and Refunds requested by you directly to Globe or through the Vendor will have to go through a validation. All cancelation and refund requests made by you will be refunded within 6 months from the date of purchase.

 

6 Personal Information

6.1. Globe complies with all applicable data protection laws, and will not use any personal information that may identify you (‘PI’) other than as required to fulfil Globe’s obligations to you or to Service Providers, Vendors, governmental, including tax, authorities in connection with a Purchase, under these Conditions. You consent to such use of Your PI being collected (b) used (c) processed (d) transmitted and/or (e) disclosed to, or by Globe, our Service Providers, or Vendors for the purpose of providing the Service under these Conditions.

6.2. You acknowledge that your PI may be stored in servers outside the Philippines, as such country’s data protection laws will apply. You acknowledge and agree that many Service Providers and Vendors are based outside of Philippines, therefore Globe cannot guarantee they follow the same due diligence with regards to personal information as Philippines companies..

 

7 Warranties

7.1. The Service provided here under is on “as is” and “as available” basis, and Globe hereby excludes all conditions, endorsements, guarantees, representations, or warranties of any kind to the fullest extent permitted by applicable law.

7.2. You will have the benefit of the Vendor’s warranty (if any) with the Application supplied.

 

8 Liabilities

8.1. To the maximum extent legally permitted, Globe’s aggregate liability for direct damages under any legal theory shall in all circumstances be limited to the fees paid by you for the payment service in relation to the Application(s) acquired hereunder or Php 2,000, whichever is lower and Globe shall not be liable for any other damages under any circumstances.

8.2. To the maximum extent permitted by applicable law Globe shall not be liable for the quality or performance of Applications or device or app stores provided by Service Providers or for information or material accessed through the Service.

8.3. Nothing in these Terms and Conditions removes or limits Globe’s liability for death or personal injury caused by our negligence.

 

9 General

9.1. If any of the terms contained in these Terms and Conditions are held to be invalid or unenforceable in whole or in part, the invalid or unenforceable wording shall be deemed omitted without affecting or impairing the validity and enforceability of the rest of the Agreement.

9.2. Failure by either party to exercise or enforce any right conferred by these terms and conditions against the other party shall not be or be deemed to be a waiver of any such right or in any way prejudice any right of that party under these terms and conditions.

9.3. Nothing in this Agreement shall create, or be deemed to create, the relationship of principal and agent or a joint venture or partnership between the parties.

9.4. You agree to indemnify and keep Globe free and harmless for any loss, cost, damages or claims arising from your use of the Service or breach of any of these Terms and Conditions.

9.5. You may not transfer pre-payments or any of your rights and responsibilities under this   Agreement.

9.6. These Terms and Conditions shall be governed by and construed with under Philippines Government laws.

 

10 VAT

10.1. For purchase of an Application, a Value Added Tax (VAT) will be applied over and above the display price on the 3rd party App Store. The same will be charged on your postpaid bill or deduction from your prepaid balance during every purchase.