Legal Agreements for AnyonePay

Legal Agreements

About Your Account

Welcome to AnyonePay!

This user agreement is a contract between you and AnyonePay, a Philippine company governing your use of your AnyonePay account and the AnyonePay services. If you are an individual, you must be a resident of one the Philippines and at least 18 years old. If you are a business, the business must be organized in, operating in, or a resident of one of the Philippines to open a AnyonePay account and use the AnyonePay services.

By opening and using an AnyonePay account, you agree to comply with all of the terms and conditions in this user agreement. You also agree to comply with the following additional policies and each of the other agreements that apply to you, including:

  • Privacy Policy
  • Acceptable Use Policy
  • Seller Commercial Agreement

Please read carefully all of the terms and conditions of this user agreement, the terms of these policies and each of the other agreements that apply to you.

We may amend this agreement and any of the policies listed above from time to time. The revised version will be effective at the time we post it on our website, unless otherwise noted. If our changes reduce your rights or increase your responsibilities we will post a notice on the aforementioned policies and agreements in our website and provide you with at least 14 days notice. All future changes set out in the policies and agreements already published at the time you register for the AnyonePay services are incorporated by reference into this user agreement and will take effect as specified in the Policy Update.

If you do not agree to the revised terms and conditions, you must stop using the AnyonePay services, close your account and terminate your relationship with us without cost or penalty. This user agreement will continue to apply to your previous use of our services.

About our main business

AnyonePay is a payment services provider and acts as such by creating, hosting, maintaining and providing our AnyonePay services to you via the internet. Our services allow you to send payments to anyone with an AnyonePay account, and, where available, to receive payments.

Opening an Account

We offer two types of accounts: personal accounts and business accounts.

All AnyonePay accounts let you do things like:

  • Send and receive payments.
  • Buy things online, using mobile devices or in stores.
  • Make payments using your credit card, debit card, bank account, or other payment methods.
  • Accept credit card, debit card, bank account, or other payment methods from others/

You are responsible for maintaining adequate security and control of any and all IDs, passwords, personal identification numbers, or any other codes that you use to access your AnyonePay account and the AnyonePay services.

In order to open and maintain a AnyonePay account, you must provide us with correct and updated account information, including but not limited to personal information, financial information, or other information related to you or your business.

You must keep your mailing address, email address and other contact information current in your AnyonePay account profile.

Personal Accounts (Buyer)

If you primarily need to make purchases, a personal account is probably right for you. With a personal account you can buy goods and services.

If you plan to use your AnyonePay account primarily to sell things, you should consider a business account. You can opt to create an AnyonePay Seller account should the need arise.

Business accounts (Seller)

We recommend business accounts for people and organizations that primarily use AnyonePay to sell goods or services. With a business account, you can use a company or business name as the name on your AnyonePay account to collect payments online for goods and/or services rendered.

Business accounts may be subject to fees that differ from the fees applicable to personal accounts.

By opening up a business account, you certify to us that you are using it primarily for a business or commercial purpose. You also consent to AnyonePay obtaining your personal and/or business credit report from a credit reporting agency at account opening, when you request certain new products and whenever we reasonably believe there may be an increased level of risk associated with your business account.

Third Party permissions

You must be the beneficial owner of your AnyonePay account, and conduct business only on behalf of yourself.

You may expressly grant, remove and manage permissions for some third parties to take certain actions on your behalf. In some cases, you can do this when logged into your AnyonePay account – in other cases, you can do this directly with the third party. You acknowledge that if you grant permission for a third party to take actions on your behalf, we may disclose certain information about your AnyonePay account to this third party.

You may permit third party service providers licensed by applicable law to:

  • provide account information services to access information about your account on your behalf;
  • confirm whether an amount necessary for the execution of a card-based payment transaction is available on your account; or
  • provide payment initiation services to initiate payments from your account on your behalf.

Granting permission to any third party to access your AnyonePay account in any way does not relieve you of any of your responsibilities under this user agreement. You are liable to us for the actions that you authorize the third parties to carry out. You will not hold us responsible for, and you will indemnify us from, any liability arising from the actions or inactions of such third parties in connection with the permissions you granted, subject to your mandatory legal rights.

Closing Your AnyonePay Account

You may close your account and terminate your relationship with us at any time without cost or penalty, but you will remain liable for all obligations related to your AnyonePay account even after the AnyonePay account is closed. When you close your AnyonePay account, we will cancel any scheduled or incomplete transactions.

In certain cases, you may not close your AnyonePay account, including:

  • To evade an investigation.
  • If you have a pending transaction or an open dispute or claim.
  • If your AnyonePay account is subject to a hold, limitation or reserve.
Account Statements

You will be provided a transaction report and pay-out in your AnyonePay Dashboard. You may view your AnyonePay transactions and pay-out by logging into your AnyonePay account.

Restricted Activities & Holds

Restricted Activities

In connection with your use of our websites, your AnyonePay account, the AnyonePay services, or in the course of your interactions with AnyonePay, other AnyonePay customers, or third parties, you will not:

  • Breach this user agreement, the AnyonePay Acceptable Use Policy, the Commercial Entity Agreements (if they apply to you), or any other agreement between you and AnyonePay.

  • Violate any law, statute, ordinance, or regulation (for example, those governing financial services, consumer protections, unfair competition, anti-discrimination or false advertising).

  • Infringe AnyonePay's or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy.

  • Sell counterfeit goods.

  • Act in a manner that is defamatory, trade libelous, threatening or harassing.

  • Provide false, inaccurate or misleading information.

  • Send or receive what we reasonably believe to be potentially fraudulent funds.

  • Engage in potentially fraudulent or suspicious activity and/or transactions.

  • Refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us.

  • Attempt to double dip during the course of a dispute by receiving or attempting to receive funds from both AnyonePay and the seller, bank or card issuer for the same transaction.

  • Control an account that is linked to another account that has engaged in any of these restricted activities:

    • complaints

    • requests by buyers (either filed with us or card issuers) to invalidate payments made to you; or;

    • fees, fines, penalties or other liability or losses to AnyonePay, other AnyonePay customers, third parties or you.

  • Use your AnyonePay account or the AnyonePay services in a manner that AnyonePay, Visa, MasterCard, JCB or any other electronic funds transfer network reasonably believes to be an abuse of the card system or a violation of card association or network rules.

  • Allow your AnyonePay account to have a negative AnyonePay balance.

  • Provide yourself a cash advance from your credit card (or help others to do so).

  • Take any action that imposes an unreasonable or disproportionately large load on our websites, software, systems (including any networks and servers used to provide any of the AnyonePay services) operated by us or on our behalf or the AnyonePay services; facilitate any viruses, trojan horses, malware, worms or other computer programming routines that attempts to or may damage, disrupt, corrupt, misuse, detrimentally interfere with, surreptitiously intercept or expropriate, or gain unauthorized access to any system, data, information or AnyonePay services; use an anonymizing proxy; use any robot, spider, other automatic device, or manual process to monitor or copy our websites without our prior written permission; use any device, software or routine to bypass our robot exclusion headers; or interfere or disrupt or attempt to interfere with or disrupt our websites, software, systems (including any networks and servers used to provide any of the AnyonePay services) operated by us or on our behalf, any of the AnyonePay services or other users' use of any of the AnyonePay services.

  • Take any action that may cause us to lose any of the services from our Internet service providers, payment processors, or other suppliers or service providers.

  • Use the AnyonePay services to test credit card behaviors.

  • Circumvent any AnyonePay policy or determinations about your AnyonePay account such as temporary or indefinite suspensions or other account holds, limitations or restrictions, including, but not limited to, engaging in the following actions: attempting to open new or additional AnyonePay account(s) when an account has a negative AnyonePay balance or has been restricted, suspended or otherwise limited; opening new or additional AnyonePay accounts using information that is not your own (e.g. name, address, email address, etc.); or using someone else's AnyonePay account;

  • Harass and/or threaten our employees, agents, or other users.

  • Abuse (as either a buyer or seller) of our online dispute resolution process and/or AnyonePay Buyer Protection.

  • Cause us to receive a disproportionate number of claims that have been closed in favour of the claimant regarding your AnyonePay account or business.

  • Have a credit score from a credit reporting agency that indicates a high level of risk associated with your use of the AnyonePay services.

  • Disclose or distribute another user's information to a third party, or use such information for marketing purposes unless you receive the user's express consent to do so.

  • Send unsolicited emails to users or use the AnyonePay services to collect payments for sending, or assisting in sending, unsolicited emails to third parties.

  • Copy, reproduce, communicate to any third party, alter, modify, create derivative works, publicly display or frame any content from the AnyonePay websites without our or any applicable third party's written consent.

  • Reveal your account password(s) to anyone else, nor use anyone else's password. We are not responsible for losses incurred by you including, without limitation, the use of your account by any person other than you, arising as the result of misuse of passwords.

Actions We May Take if You Engage in Any Restricted Activities

If we believe that you've engaged in any of these activities, we may take a number of actions to protect AnyonePay, its customers and others at any time in our sole discretion. The actions we may take include, but are not limited to, the following:

  • Terminate this user agreement, limit your AnyonePay account, and/or close or suspend your AnyonePay account, immediately and without penalty to us;

  • Refuse to provide the AnyonePay services to you now and in the future;

  • Limit your access to our websites, software, systems (including any networks and servers used to provide any of the AnyonePay services) operated by us or on our behalf, your AnyonePay account or any of the AnyonePay services, including limiting your ability to pay or send payments with any of the payment methods linked to your AnyonePay account, restricting your ability to send payments or make withdrawals;

  • Suspend your eligibility for AnyonePay's Buyer Protection program and/or AnyonePay's Seller Protection program;

  • Contact buyers who have purchased goods or services from you using AnyonePay, your bank or credit card issuer, other impacted third parties or law enforcement about your actions;

  • Update inaccurate information you provided us;

  • Take legal action against you;

  • Hold, apply or transfer the funds in your AnyonePay account as required by judgments and orders which affect you or your AnyonePay account, including judgments and orders issued by courts in the Philippines or elsewhere and directed to AnyonePay or its affiliates;

    If you've violated our Acceptable Use Policy, then you're also responsible for damages to AnyonePay caused by your violation of this policy; or

  • If you violate the Acceptable Use Policy, then in addition to being subject to the above actions you will be liable to AnyonePay for the amount of AnyonePay's damages caused by your violation of the Acceptable Use Policy. You acknowledge and agree that 20,000 PHP (or equivalent) per violation of the Acceptable Use Policy is presently a reasonable minimum estimate of AnyonePay's actual damages considering all currently existing circumstances, including the relationship of the sum to the range of harm to AnyonePay that reasonably could be anticipated because, due to the nature of the violations of the Acceptable Use Policy, actual damages would be impractical or extremely difficult to calculate. AnyonePay may deduct such damages directly from any existing AnyonePay balance in any AnyonePay account you control.

If we close your AnyonePay account or terminate your use of the AnyonePay services for any reason, we'll provide you with notice of our actions and make any unrestricted funds held in your AnyonePay account available for withdrawal.

You are responsible for all reversals, chargebacks, claims, fees, fines, penalties and other liability incurred by AnyonePay, any AnyonePay customer, or a third party caused by or arising out of your breach of this user agreement, and/or your use of the AnyonePay services.

Holds, Limitations, and Reserves

What are holds, limitations, and Reserves

Under certain circumstances, in order to protect AnyonePay and the security and integrity of the network of buyers and sellers that use the AnyonePay services, AnyonePay may take account-level or transaction-level actions. Unless otherwise noted, if we take any of the actions described here, we'll provide you with notice of our actions, but we retain the sole discretion to take these actions. To request information in connection with an account limitation, hold or reserve, you should visit the Resolution Centre or follow the instructions in our email notice with respect to the limitation, hold or reserve.

Our decision about holds, limitations and reserves may be based on confidential criteria that are essential to our management of risk and the protection of AnyonePay, our customers and/or service providers. We may use proprietary fraud and risk modeling when assessing the risk associated with your AnyonePay account. In addition, we may be restricted by regulation or a governmental authority from disclosing certain information to you about such decisions. We have no obligation to disclose the details of our risk management or security procedures to you.

In order to facilitate AnyonePay’s actions described above and allow us to assess the level of risk associated with your AnyonePay account, you agree to cooperate with AnyonePay’s reasonable requests for financial statements and other documentation or information in a timely fashion.

Holds

A hold is an action that AnyonePay may take under certain circumstances either at the transaction level or the account level. When AnyonePay places a temporary hold on a payment, the funds shall not be available to either the sender or the recipient. AnyonePay reviews many factors before placing a hold on a payment, including: account tenure, transaction activity, business type, past customer disputes, and overall customer satisfaction. Some common situations where AnyonePay will hold payments include:

  • New sellers or sellers who have limited selling activity.

  • Payments for higher-risk categories like electronics or tickets.

  • Sellers who have performance issues, or a high rate of buyer dissatisfaction or disputes.

Holds related to Marketplace transactions

If you're a seller on a marketplace or through a third-party application where AnyonePay is offered, a hold may be placed on a payment sent to you at the instruction of the applicable marketplace or third-party. This is done once you have granted us permission to have your funds held and will be in accordance with your agreement with the third-party. These holds will appear in your AnyonePay account. If you have questions about why the applicable marketplace or third party instructed AnyonePay to put these holds in place, you will need to contact the marketplace or third-party directly.

Holds based on disputed transactions

If a payment sent to you as a seller is challenged as a payment that should be invalidated and reversed, we may place a temporary hold on the funds in your AnyonePay account to cover the amount that could be reversed. Any of the situations described under Refunds, Reversals and Chargebacks are situations that could result in us placing a hold on a payment. If we determine the transaction should not be reversed, we'll lift the temporary hold. If we determine the transaction should be reversed, we'll remove the funds from your AnyonePay account.

Account Limitations

Limitations prevent you from completing certain actions with your AnyonePay account, such as withdrawing, sending or receiving payments. These limitations are implemented to help protect AnyonePay, buyers and sellers when we notice restricted activities, an increased financial risk, or activity that appears to us as unusual or suspicious. Limitations also help us collect information necessary for keeping your AnyonePay account open.

There are several reasons why we may limit your access to your AnyonePay account or the AnyonePay services, and/or limit access to your funds, including:

  • If we suspect someone could be using your AnyonePay account without your knowledge, we'll limit it for your protection and look into the fraudulent activity.

  • If your debit or credit card issuer alerts us that someone has used your card without your permission. Similarly, if your bank lets us know that there have been unauthorized transfers between your AnyonePay account and your bank account.

  • In order to comply with applicable law.

  • If we reasonably believe you have breached this agreement or violated the Acceptable Use Policy.

  • Seller performance indicating your AnyonePay account is high risk. Examples include: indications of poor selling performance because you've received an unusually high number of claims and chargebacks selling an entirely new or high cost product, or if your typical sales volume increases rapidly.

If we limit access to your AnyonePay account, we'll provide you with notice of our actions and the opportunity to request restoration of access if, in our sole discretion, we deem it appropriate.

You will need to resolve any issues with your account before a limitation can be removed. Normally, this is done after you provide us with the information we request. However, if we reasonably believe a risk still exists after you have provided us that information, we may take action to protect AnyonePay, our users, a third party, or you from reversals, fees, fines, penalties, legal and/or regulatory risks and any other liability.

Reserves

We may place a reserve on your AnyonePay account if we believe there may be a high level of risk associated with you, your AnyonePay account, your business model, or your transactions. When we place a reserve on your AnyonePay account, it means that all or some of the transactions will be shown as "pending" in your AnyonePay balance, and you will not be able to withdraw funds in a "pending" status, in order to protect against the risk of transactions made by you being reversed or invalidated or any other risk related to your AnyonePay account or use of the AnyonePay services. We make decisions about whether to place a reserve based on a number of factors, including information available to us from both internal sources and from third parties.

AnyonePay considers a list of non-exclusive factors, and whether and how these factors have changed over time, including:

  • How long you have been in business.

  • Whether your industry has a higher likelihood of chargebacks.

  • Your payment processing history with AnyonePay and other providers.

  • Your business and/or personal credit history.

  • Your delivery time frames.

  • Whether you have higher than average number of returns, chargebacks, claims or disputes.

If we place a reserve on funds in your account, we'll notify you of our actions and the terms of the reserve.

There are two types of reserves that may be placed on your AnyonePay account, and one or both may be applied at the same time:

  • A Rolling reserve is a reserve where a percentage of each transaction you receive each day is held and then released later on a scheduled basis. For example, your reserve could be set at 10% and held for a 90-day rolling period – meaning 10% of the funds you receive on day 1 are held and then released on day 91, 10% of the funds you receive on day 2 are held until day 92, etc. Rolling reserves are the most common type of reserve.

  • A Minimum reserve is a specific minimum amount that you're required to keep available in your AnyonePay balance at all times. The minimum reserve is either taken as an upfront amount deposited all at once or is established on a rolling basis from percentages of sales until the minimum reserve is achieved, much like a rolling reserve.

If we change the terms of the reserve due to a change in our risk assessment, we'll notify you of the new terms.

Court Orders, Regulatory Requirements or Other Legal Process

If we are notified of a court order or other legal process (including garnishment or any equivalent process) affecting you, or if we otherwise believe we are required to do so in order to comply with applicable law or regulatory requirements, we may be required to take certain actions, including holding payments to/from your AnyonePay account, placing a reserve or limitation on your AnyonePay account. We will decide, in our sole discretion, which action is required of us. Unless the court order, applicable law, regulatory requirement or other legal process requires otherwise, we will notify you of these actions. We do not have an obligation to contest or appeal any court order or legal process involving you or your AnyonePay account. When we implement a hold, reserve or limitation as a result of a court order, applicable law, regulatory requirement or other legal process, the hold, reserve or limitation may remain in place as long as reasonably necessary as determined by AnyonePay.

Unauthorized Transactions & Other Errors

Protection from Unauthorized Transactions

To protect yourself from unauthorized activity in your AnyonePay account, you should regularly log into your AnyonePay account and review your AnyonePay account statement. AnyonePay will notify you of each transaction by sending an email to your primary email address on file. You should review these transaction notifications to ensure that each transaction was authorized and accurately completed.

AnyonePay will protect you from unauthorized activity in your AnyonePay account. When this protection applies, AnyonePay will cover you for the full amount of the unauthorized activity as long as you cooperate with us and follow the procedures described below.

What is an Unauthorized Transaction

An "Unauthorized Transaction" occurs when a payment is sent from your AnyonePay account that you did not authorize and that did not benefit you. For example, if someone steals your password, uses the password to access your AnyonePay account, and sends a payment from your AnyonePay account, an Unauthorized Transaction has occurred.

What is not considered an Unauthorized Transaction

The following are NOT considered Unauthorized Transactions:

  • If you give someone access to your AnyonePay account (by giving them your login information) and they use your AnyonePay account without your knowledge or permission. You are responsible for transactions made in this situation.

  • Invalidation and reversal of a payment as a result of the actions described under Refunds, Reversals and Chargebacks.

Reporting an Unauthorized Transaction

You should contact AnyonePay customer service immediately if you believe:

  • there has been an Unauthorized Transaction sent from your account;

  • there has been unauthorized access to your account;

  • your AnyonePay login information has been lost or stolen; or

  • any device you have used to access your AnyonePay account has been lost, stolen or deactivated.

You must give us all the available information relating to circumstances of any Unauthorized Transactions, and/or misappropriated or unauthorized use of your account, and take all reasonable steps requested to assist AnyonePay in its investigation.

If you notify us of an Unauthorized Transaction within 60 days of the transaction and we are satisfied that it was an Unauthorized Transaction, you will be eligible for 100% protection for the Unauthorized Transaction.

Error Resolution

What is an Error

An "Error" means the following:

  • a processing error made by AnyonePay or its suppliers in which your AnyonePay account is mistakenly debited or credited, or when a transaction is incorrectly recorded in your AnyonePay account.

  • You send a payment and the incorrect amount is debited from your AnyonePay account.

  • A transaction is missing from or not properly identified in your AnyonePay account statement.

  • We make a computational or mathematical error related to your AnyonePay account.

What is not considered an Error

The following are NOT considered errors:

  • If you give someone access to your AnyonePay account (by giving them your login information) and they use your AnyonePay account without your knowledge or permission. You are responsible for transactions made in this situation.

  • Invalidation and reversal of a payment as a result of the actions described under Refunds, Reversals and Chargebacks.

  • If you erroneously send a payment to the wrong party, or send a payment for the wrong amount (based on a typographical error, for example). (Your only recourse in this instance will be to contact the party to whom you sent the payment and ask them to refund the payment. AnyonePay will not reimburse you or reverse a payment that you have made in error.)

In case of errors or questions about your electronic transfers

Contact us at our Resolution Centre.

Notify us as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.

  • Tell us your name, email address and account number (if any).

  • Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.

  • Tell us the amount of the suspected error.

If you tell us orally, we may require that you send us your complaint or question in writing within 10 Business Days. We will complete our investigation within 10 Business Days after we receive your notification of the suspected error. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your AnyonePay account within 10 Business Days for the amount you think is in error, so that you will have the provisional credit during the time it takes us to complete our investigation. We will notify you of the provisional credit within 2 Business Days of the crediting. If we ask you to put your complaint or question in writing and we do not receive it within 10 Business Days, we may not provisionally credit your AnyonePay account.

For errors involving new AnyonePay accounts or point-of-sale transactions, we may take up to 90 days to investigate your complaint or question. For new AnyonePay accounts (the first transaction from your account was less than 30 Business Days from the date you notify us), we may take up to 20 Business Days to complete the investigation.

We will tell you the results within 3 Business Days after completing our investigation. If we decide that there was no error, we will send you a written explanation of our decision. If you received a provisional credit, we will remove it from your account and notify you of the date and amount of the debit. You may ask for copies of the documents that we used in our investigation.

If we determine that there was an error, we will promptly credit the full amount into your account within 1 Business Day of our determination. Or, if you have already received a provisional credit, you will be allowed to retain those amounts.

Processing Errors

We will rectify any processing error that we discover. If the error results in:

  • You receive less than the correct amount to which you were entitled, then we will credit you for the difference between what you should have received and what you actually received.

  • You receive more than the correct amount to which you were entitled, then we will debit you for the difference between what you actually received and what you should have received.

Our not completing a transaction on time or in the correct amount, then we will be responsible to you for your losses or damages directly caused by this failure, unless:

  • through no fault of ours, you did not have enough available funds to complete the transaction;

  • our system was not working properly and you knew about the breakdown when you started the transaction; or

  • the error was due to extraordinary circumstances outside our control (such as fire, flood or loss of Internet connection), despite our reasonable precautions.

Processing errors are not:

  • Delays that result from AnyonePay applying holds, limitations or reserves.

  • Delays based on a payment review.

  • Delays described under How to buy something related to the time it may take for a purchase transaction to be completed in some situations.

  • Your errors in making a transaction (for example, mistyping an amount that you are sending).

AnyonePay USER AGREEMENT

Other Legal Terms

Communications Between You and Us

You agree that AnyonePay and its affiliates may contact you by email for marketing purposes. You may opt-out of receiving marketing communications when you open a AnyonePay account, by changing your account preferences or by clicking on the unsubscribe link in any AnyonePay email or receipt you receive from us. Please allow up to 10 Business Days for the opt-out to take effect. We will provide factual information about your account or the AnyonePay services, even if you have opted-out of receiving marketing communications.

If you provide us your mobile phone number, you agree that AnyonePay and its affiliates may contact you at that number using autodialed or prerecorded message calls or text messages to: (i) inform you about your use of the AnyonePay services and/or service your AnyonePay accounts, (ii) investigate or prevent fraud, or (iii) collect a debt. We will not use autodialed or prerecorded message calls or texts to contact you for marketing purposes unless we receive your prior consent. We may share your mobile phone number with service providers with whom we contract to assist us with the activities listed above, but will not share your mobile phone number with third parties for their own purposes without your consent. You do not have to agree to receive autodialed or prerecorded message calls or texts to your mobile phone number in order to use and enjoy the products and services offered by AnyonePay. You can decline to receive autodialed or prerecorded message calls or texts to your mobile phone number in several ways, including, via an email transaction receipt, in your account settings, or by contacting AnyonePay Customer Service. However, we may still call you directly using other means if we need to speak with you. Standard telephone minute and text charges may apply.

AnyonePay may communicate with you about any AnyonePay transaction information and the AnyonePay services electronically. It is your responsibility to keep your primary email address up to date so that AnyonePay can communicate with you electronically. You understand and agree that if AnyonePay sends you an electronic communication but you do not receive it because your primary email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic communications, AnyonePay will be deemed to have provided the communication to you effectively.

Please note that if you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add AnyonePay to your email address book so that you will be able to view the communications we send to you.

You can update your primary email address or street address at any time by logging into the AnyonePay website. If your email address becomes invalid such that electronic communications sent to you by AnyonePay are returned, AnyonePay may deem your account to be inactive, and you will not be able to transact any activity using your AnyonePay Account until we receive a valid, working primary email address from you.

AnyonePay reserves the right to close your account if you withdraw your consent to receive electronic communications.

You will be considered to have received a communication from us, if it's delivered electronically, 24 hours after the time we post it to our website or email it to you. You will be considered to have received a communication from us, if it's delivered by mail, 3 Business Days after we send it.

Unless you're communicating with us about a matter where we've specified another notice address (for example, our Liability for Unauthorized Transactions and Other Errors process), written notices to AnyonePay must be sent by postal mail to: AnyonePay Attention: Michelle Tumale, Unit 504 BDO Equitable Tower 8751 Paseo de Roxas, Makati, 1227 Metro Manila.

You understand and agree that, to the extent permitted by law, AnyonePay may, without further notice or warning, monitor or record telephone conversations you or anyone acting on your behalf has with AnyonePay or its agents for quality control and training purposes or for our own protection. You acknowledge and understand that while your communications with AnyonePay may be overheard, monitored, or recorded not all telephone lines or calls may be recorded by AnyonePay, and AnyonePay does not guarantee that recordings of any particular telephone calls will be retained or retrievable.

AnyonePay's Rights

AnyonePay suspension and termination rights

AnyonePay, in its sole discretion, reserves the right to suspend or terminate this user agreement, access to or use of its websites, software, systems (including any networks and servers used to provide any of the AnyonePay services) operated by us or on our behalf or some or all of the AnyonePay services for any reason and at any time upon notice to you and, upon termination of this user agreement, the payment to you of any unrestricted funds held in your AnyonePay account.

Security interest

As security for the performance of your obligations under this user agreement, you grant to AnyonePay a lien on, and security interest in and to, your AnyonePay account in the possession of AnyonePay.

Insolvency proceedings

If any proceeding by or against you is commenced under any provision of any bankruptcy or insolvency law, we'll be entitled to recover all reasonable costs or expenses (including reasonable legal fees and expenses) incurred in connection with the enforcement of this user agreement.

Assumption of rights

If AnyonePay invalidates and reverses a payment that you made to a recipient (either at your initiative or otherwise), you agree that AnyonePay assumes your rights against the recipient and third parties related to the payment, and may pursue those rights directly or on your behalf, in AnyonePay's discretion.

No waiver

Our failure to act with respect to a breach of any of your obligations under this user agreement by you or others does not waive our right to act with respect to subsequent or similar breaches.

Indemnification and Limitation of Liability

In this section, we use the term "AnyonePay" to refer to AnyonePay and our affiliates, and each of their respective directors, officers, employees, agents, joint ventures, service providers and suppliers. Our affiliates include each entity that we control, we are controlled by or we are under common control with.

Indemnification

You must indemnify AnyonePay for actions related to your AnyonePay account and your use of the AnyonePay services. You agree to defend, indemnify and hold AnyonePay harmless from any claim or demand (including reasonable legal fees) made or incurred by any third party due to or arising out of your breach of this user agreement, your improper use of the AnyonePay services, your violation of any law or the rights of a third party and/or the actions or inactions of any third party to whom you grant permissions to use your AnyonePay account or access our websites, software, systems (including any networks and servers used to provide any of the AnyonePay services) operated by us or on our behalf, or any of the AnyonePay services on your behalf.

Limitation of liability

AnyonePay's liability is limited with respect to your AnyonePay account and your use of the AnyonePay services.In no event shall AnyonePay be liable for lost profits or any special, incidental or consequential damages (including without limitation damages for loss of data or loss of business) arising out of or in connection with our websites, software, systems (including any networks and servers used to provide any of the AnyonePay services) operated by us or on our behalf, any of the AnyonePay services, or this user agreement (however arising, including negligence), unless and to the extent prohibited by law.

Our liability to you or any third parties in any circumstance is limited to the actual amount of direct damages. In addition, to the extent permitted by applicable law, AnyonePay is not liable, and you agree not to hold AnyonePay responsible, for any damages or losses (including, but not limited to, loss of money, goodwill, or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from: (1) your use of, or your inability to use, our websites, software, systems operated by us or on our behalf (including any networks and servers used to provide any of the AnyonePay services) or any of the AnyonePay services; (2) delays or disruptions in our websites, software, systems operated by us or on our behalf (including any networks and servers used to provide any of the AnyonePay services), and any of the AnyonePay services; (3) viruses or other malicious software obtained by accessing our websites, software, systems operated by us or on our behalf (including any networks and servers used to provide any of the AnyonePay services), any of the AnyonePay services, or any website or service linked to our websites; (4) glitches, bugs, errors, or inaccuracies of any kind in our websites, software, systems operated by us or on our behalf (including any networks and servers used to provide any of the AnyonePay services), any of the AnyonePay services, or in the information and graphics obtained from them; (5) the content, actions, or inactions of third parties; (6) a suspension or other action taken with respect to your AnyonePay account; or (7) your need to modify your practices, content, or behavior, or your loss of or inability to do business, as a result of changes to this user agreement or AnyonePay's policies.

Disclaimer of Warranty and Release

No warranty

The AnyonePay services are provided "as-is" and without any representation or warranty, whether express, implied or statutory. AnyonePay specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.

AnyonePay does not have any control over the products or services provided by sellers who accept AnyonePay as a payment method, and AnyonePay cannot ensure that a buyer or a seller you are dealing with will actually complete the transaction or is authorized to do so. AnyonePay does not guarantee continuous, uninterrupted or secure access to any part of the AnyonePay services, and operation of our websites, software, or systems operated by us or on our behalf (including any networks and servers used to provide any of the AnyonePay services) may be interfered with by numerous factors outside of our control. AnyonePay will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, debit cards, credit cards, and other payment options are processed in a timely manner but AnyonePay makes no representations or warranties regarding the amount of time needed to complete processing because the AnyonePay services are dependent upon many factors outside of our control, such as delays in the banking system or mail service. This paragraph gives you specific legal rights in the Philippines.

Release of AnyonePay

If you have a dispute with any other AnyonePay account holder, you release AnyonePay from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favour at the time of agreeing to this release.

Disputes with AnyonePay

Contact AnyonePay First

If a dispute arises between you and AnyonePay, acting as either a buyer or a seller, our goal is to learn about and address your concerns. If we are unable to do so to your satisfaction, we aim to provide you with a neutral and cost effective means of resolving the dispute quickly. Disputes between you and AnyonePay regarding the services may be reported to AnyonePay Customer Service.

Arbitration

For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than 100,000 PHP, you may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. If you elect arbitration, you will initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by you and us. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by you; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Intellectual Property

AnyonePay's trademarks

"AnyonePay.com,","AnyonePay.ph,", "AnyonePay," and all logos related to the AnyonePay services are either trademarks or registered trademarks of AnyonePay or AnyonePay's licensors. You may not copy, imitate, modify or use them without AnyonePay's prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of AnyonePay. You may not copy, imitate, modify or use them without our prior written consent. You may use HTML logos provided by AnyonePay for the purpose of directing web traffic to the AnyonePay services. You may not alter, modify or change these HTML logos in any way, use them in a manner that mischaracterizes AnyonePay or the AnyonePay services or display them in any manner that implies AnyonePay's sponsorship or endorsement. All right, title and interest in and to the AnyonePay websites, any content thereon, the AnyonePay services, the technology related to the AnyonePay services, and any and all technology and any content created or derived from any of the foregoing is the exclusive property of AnyonePay and its licensors.

License grants, generally

If you are using AnyonePay software such as an API, developer's toolkit or other software application, which may include software provided by or integrated with software, systems or services of our service providers, that you have downloaded or otherwise accessed through a web or mobile platform, then AnyonePay grants you a revocable, non-exclusive, non-sublicensable, non-transferable, royalty-free limited license to access and/or use AnyonePay's software in accordance with the documentation accompanying such software. This license grant applies to the software and all updates, upgrades, new versions and replacement software. You may not rent, lease or otherwise transfer your rights in the software to a third party. You must comply with the implementation, access and use requirements contained in all documentation accompanying the AnyonePay services. If you do not comply with implementation, access and use requirements you will be liable for all resulting damages suffered by you, AnyonePay and third parties. AnyonePay may update or discontinue any software upon notice to you. While AnyonePay may have (1) integrated certain third party materials and technology into any web or other application, including its software, and/or (2) accessed and used certain third party materials and technology to facilitate providing you with the AnyonePay Services, you have not been granted and do not otherwise retain any rights in or to any such third party materials. You agree not to modify, alter, tamper with, repair, copy, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code that is derived from the software or any third party materials or technology, or otherwise create any derivative works from any of the software or third party materials or technology. You acknowledge that all rights, title and interest to AnyonePay's software are owned by AnyonePay and any third party materials integrated therein are owned by AnyonePay's third party service providers. Any other third party software application you use on the AnyonePay websites is subject to the license you agreed to with the third party that provides you with this software. You acknowledge that AnyonePay does not own, control nor have any responsibility or liability for any such third party software application you elect to use on any of our websites, software and/or in connection with the AnyonePay services. If you are using the AnyonePay services on the AnyonePay website, or other website or platform hosted by AnyonePay, or a third party, and are not downloading AnyonePay's software or using third party software applications on the AnyonePay website, then this section does not apply to your use of the hosted AnyonePay services.

License grant from you to AnyonePay; intellectual property warranties

AnyonePay does not claim ownership of the content that you provide, upload, submit or send to AnyonePay. Nor does AnyonePay claim ownership of the content you host on third-party websites or applications that use AnyonePay services to provide payments services related to your content. Subject to the next paragraph, when you provide content to AnyonePay or post content using AnyonePay services, you grant AnyonePay (and parties that we work with) a non-exclusive, irrevocable, royalty-free, transferable, and worldwide license to use your content and associated intellectual property and publicity rights in any media known now or in the future to help us improve, operate and promote our current services and develop new ones. AnyonePay will not compensate you for any of your content. You acknowledge that AnyonePay's use of your content will not infringe any intellectual property or publicity rights. Further, you acknowledge and warrant that you own or otherwise control all of the rights of the content you provide, and you agree to waive your moral rights and promise not to assert such rights against AnyonePay. You represent and warrant that none of the following infringe any intellectual property or publicity right: your provision of content to AnyonePay, your posting of content using the AnyonePay Services, and AnyonePay's use of such content (including of works derived from it) in connection with the AnyonePay services.

License grant from sellers to AnyonePay

Notwithstanding the provisions of the prior paragraph, if you are a seller using the AnyonePay services to accept payments for goods and services, you hereby grant AnyonePay and its affiliates a worldwide, non-exclusive, transferable, sublicensable (through multiple tiers), and royalty-free, fully paid-up, right to use and display publicly, during the term of this user agreement, your trademark(s) (including but not limited to registered and unregistered trademarks, trade names, service marks, logos, domain names and other designations owned, licensed to or used by you) for the purpose of (1) identifying you as a merchant that accepts a AnyonePay service as a payment form and facilitating consumer transactions with you, and (2) any other use to which you specifically consent.

Miscellaneous

Assignment

You may not transfer or assign any rights or obligations you have under this user agreement without AnyonePay's prior written consent. AnyonePay may transfer or assign this user agreement or any right or obligation under this user agreement at any time.

Business Days

"Business Day(s)" means Monday through Friday, excluding national holidays recognized in the Philippines.

Dormant accounts

If you do not log in to your AnyonePay account for two or more years, AnyonePay may close your AnyonePay account and any unused funds in your account will be subject to applicable laws regarding unclaimed monies.

Complete Agreement and Survival.

This user agreement, along with any applicable Policies on the Legal Agreements page on the AnyonePay website, sets forth the entire understanding between you and AnyonePay with respect to the AnyonePay services. All such terms which by their nature should survive, will survive the termination of this user agreement. If any provision of this user agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

Governing law and jurisdiction

This Agreement will be governed by and interpreted in accordance with the laws of the Republic of the Philippines, as such laws are applied to agreements entered into and to be performed entirely within the Philippines, without regard to conflict of law provisions. Except as otherwise agreed by the parties, you agree that any claim or dispute you may have against AnyonePay must be resolved by a court located in the Philippines. You agree to irrevocably submit to the non­-exclusive jurisdiction of the courts located within the Philippines for the purpose of any suit, action or other proceeding arising out of this user agreement or your use of our websites or the services.

Improperly Filed Litigation

All claims you bring against AnyonePay must be resolved in accordance with this user agreement. All claims filed or brought contrary to this user agreement shall be considered improperly filed and a breach of this user agreement. Should you file a claim contrary to this user agreement, AnyonePay may recover attorneys' fees and costs (including in-house attorneys and paralegals) up to 50,000.00 PHP, provided that AnyonePay has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

Identity authentication

You authorize AnyonePay, directly or through third parties, to make any inquiries we consider necessary to verify your identity. This may include:

  • asking you for further information, such as your date of birth, your taxpayer identification number, your physical address and other information that will allow us to reasonably identify you;

  • requiring you to take steps to confirm ownership of your email address or financial instruments;

  • ordering a credit report from a credit reporting agency;

  • verifying your information against third party databases or through other sources; or

  • requiring you to provide further documentation, such as your driver's license or other identifying documents at any time.

Anti-money laundering and counter-terrorism financing laws may require that AnyonePay verify certain identifying information if you use certain AnyonePay services. AnyonePay reserves the right to close, suspend, or limit access to your AnyonePay account and/or the AnyonePay services in the event that, after reasonable enquiries, we are unable to obtain information about you required to verify your identity.

AnyonePay is only a payment service provider

We act as a payment service provider only. We do not:

  • Act as a bank or provide banking services;

  • Act as an escrow agent with respect to any funds kept in your account;

  • Act as your agent or trustee;

  • Enter into a partnership, joint venture, agency or employment relationship with you;

  • Have control of, nor liability for, the products or services that are paid for with the AnyonePay services;

  • Guarantee the identity of any buyer or seller;

  • Ensure that a buyer or a seller will complete a transaction;

  • Determine if you are liable for any taxes; or

  • Unless otherwise expressly set out in this user agreement, collect or pay any taxes that may arise from your use of our services.

Privacy

Protecting your privacy is very important to us. Please review our Privacy Policy in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your information.

Your use of information; Data protection laws

If you receive information about another AnyonePay customer, you must keep the information confidential and only use it in connection with the AnyonePay services. You may not disclose or distribute any information about AnyonePay users to a third party or use the information for marketing purposes unless you receive that user's express consent to do so. You may not send unsolicited emails to an AnyonePay customer or use the AnyonePay services to collect payments for sending, or assist in sending, unsolicited emails to third parties.

To the extent that you (as a seller) process any personal data about a AnyonePay customer pursuant to this agreement, you agree to comply with the requirements of any applicable privacy and data protection laws. You have your own, independently determined privacy policy, notices and procedures for any such personal data that you hold as a data controller, including a record of your activities related to processing of personal data under this agreement.

The privacy and data protection laws that may apply include any associated regulations, regulatory requirements and codes of practice applicable to the provision of the services described in this agreement. For example, if you or your business is subject to the requirements of the Republic Act 10173 – Data Privacy Act of 2012, you will comply with such regulation with respect to the processing of personal data.

In complying with such laws, you will:

  • implement and maintain all appropriate security measures for the processing of personal data; and

  • not knowingly do anything or permit anything to be done which might lead to a breach of any privacy and data protection laws by AnyonePay.

Philippine-Specific Terms

If you are using a service ("Third Party Service") offered by a AnyonePay partner bank, licensed foreign-exchange service provider, remittance agent or e-money issuer (a "Service Provider"), please see the terms and conditions of the Service Provider for additional information relating to that service.

In case of any disputes, demands, actions, proceedings ("Disputes") between you and a Service Provider on account of any delay or non-payment of any funds due to you, you hereby indemnify AnyonePay, AnyonePay's affiliates and its employees from any damages, claims, charges, expenses and/or losses arising out of such Disputes. You further agree that AnyonePay shall not be liable to you in relation to any funds which have already been transferred from your AnyonePay account to a Service Provider.

You acknowledge and agree that AnyonePay may share information provided by you in accordance with AnyonePay's Privacy Policy and the terms of the agreement between you and AnyonePay with the Service Provider in order to enable the Service Provider to conduct the requisite due diligence in accordance with Service Provider's Know-your-customer (KYC) obligations.

AnyonePay shall not be responsible for any loss or damage incurred or suffered by you on account of any (i) failure, interruption, defect, or negligent or willful misuse of a Third Party Service; or (ii) consequences arising out of any delay or non-receipt of funds withdrawn through a Third Party Service.

Except to the extent amended by these terms and conditions, all other provisions of the user agreement shall remain in full force and effect.

Fees and Fees Table

1. Additional Fees:

  • Chargeback Fee;

  • Refund Fee; and

  • Bank/Credit Card Fees

Chargeback Fee

Activity Fees
Chargeback Fee 800 Php

Refund Fee

Activity Fees
Refunding a Commercial Payment If you refund (partially or fully) a transaction to a buyer or a donation to a donor, there are no fees to make the refund, but the fees you originally paid will not be returned to you.

Bank/Credit Card Fees. Your bank, credit or debit card company may charge you fees for sending or receiving funds through AnyonePay. For example, you may be charged currency conversion fees, international transactions fees, or other fees even when your transaction is domestic, and does not require a currency conversion. AnyonePay is not liable for any fees charged to you by your bank, credit or debit card company or other financial institution based on your usage of AnyonePay.