eCash Terms and Conditions

This Terms of Service Agreement (the “Agreement”) describes the terms and conditions on which ECASH (hereinafter “ECASH”, “we” or “our company”) offer Services (as defined below) to you (“User” or “You”). By registering for or using ECASH Services, or accessing or browsing this website, you agree to be bound by the following terms and conditions whether or not you are a registered member of ECASH. Your use of the ECASH Services may also be governed by the eCash Privacy Policy and other agreements as may be applicable to a particular ECASH Service, which are hereby incorporated by reference into this Agreement. We retain the right at our sole discretion to deny access to anyone to our website(s) and the services we offer, at any time and for any reason, including, but not limited to, violation of any term of this Agreement.

For the purposes of this Agreement:

(a) “User”or“you”means the individual or business entity (including its employees and agents) that is using or registering to use the Services or accessing or browsing this website;

(b) “ECASH Services” or  “Services”  means those electronic or interactive services offered by ECASH.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS.

  1. Eligibility for eCash Services

    Our Services are available only to individuals of at least eighteen years old and business entities (including but not limited to sole proprietorships) in good legal standing that can form legally binding contracts and are entitled to subscribe to and access our services under applicable law. A User who is an individual hereby represents and warrants that he/she is at least eighteen years old. A User which is a business entity hereby represents and warrants that it is duly licensed to do business and is in good legal standing in the jurisdictions in which it does business (during the term of this Agreement), that it is not a competitor of ECASH, and that the person agreeing to this Agreement for such User is at least eighteen years of age and otherwise capable of and authorized to enter binding contracts for such User.

  2. eCash Services

    ECASH provides a customer loyalty platform which rewards Users with ECASH Points (VM Points) whenever they purchase goods and services from participating Merchants. Users can use these VM Points in their next purchases, or in purchasing goods and services from other participating Merchants.

    The VM Points in the account of each User increase with every purchase made. Users may also increase their VM Points by buying ECASH Scratchcards and loading up their accounts through other payment schemes.

    The VM Points in the account of each User increase with every purchase made. Users may also increase their VM Points by buying ECASH Scratchcards and loading up their accounts through other payment schemes.

    The fees for using the ECASH Services are set out in http://www.ecash.io/fees

    Subject to the terms and conditions of this Agreement, you may access and use the ECASH Services for your own personal non-commercial use. ECASH reserves the right to change or discontinue any of the Services at any time.

    ECASH likewise reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the ECASH Services, including, but not limited to, technological barriers, IP mapping, and/or directly contacting your Internet service provider regarding such unauthorized use.

  3. Ownership

    The ECASH Services are owned and operated by ECASH. You acknowledge that all materials (except those uploaded by you and other users) provided on our websites, including but not limited to information, documents, products, logos, graphics, sounds, GUI, software, and services (collectively “Materials”), are provided either by ECASH or by their respective third party authors, developers, and vendors (collectively “Third Party Providers”) and the underlying intellectual property rights are owned by ECASH and/or its Third Party Providers. Elements of our websites are protected by intellectual property laws and may not be copied or imitated in whole or in part. ECASH, the ECASH logo, and other ECASH products referenced herein are trademarks of ECASH, and may be registered in certain jurisdictions. All other product names, company names, marks, logos, and symbols may be the trademarks of their respective owners. All rights to the same are hereby reserved

  4. User Information

    User represents and warrants that the information it provides in ECASH contact information forms is true, accurate, current, and complete. User agrees to maintain and update this information to ensure that it is true, accurate, current, and complete. If, at any time, any information provided by User is untrue, inaccurate, not current, or incomplete, ECASH will have the right to suspend, restrict, or terminate User’s account and this Agreement.

  5. User Account
    5.1 Membership Accounts

    User may become a registered member (“Member”) by entering into a membership agreement with ECASH or other relevant agreements of ECASH from time to time. ] Members are limited to one free account per person or business entity. Your ECASH account is solely for your own personal use and benefit. Notwithstanding the above, you acknowledge that ECASH reserves the right to charge for any portion of the ECASH Services and to change its fees (if any) from time to time in its sole discretion.

    You are solely responsible for your interactions with other Members. ECASH reserves the right, but has no obligation, to resolve or arbitrate disputes between you and other Members, including, but not limited to, the suspension or termination of the account of either or both Members.

    5.2 Authorized Users

    You may designate persons to act as your agents to use the Services, provided that each designated person has the legal capacity to enter into binding contracts or you. Furthermore, you represent and warrant that each person who registers under your account is your authorized agent (an “Authorized User”) who has such legal capacity.

    5.3 Responsibility for Access

    You are solely responsible for maintaining the confidentiality of your access information (i.e., account IDs and passwords) and for restricting access to your computer, and you agree to accept responsibility for all activities, actions, incidents, and damages that occur under your account or password.

    5.4 Notification of Unauthorized Use

    If you have reason to believe that your account is no longer secure (e.g., in the event of a loss,
    theft, or unauthorized disclosure or use of your account ID, password, or any credit, debit, or charge
    card number, if applicable), then you agree to immediately notify ECASH.

    5.5 Identity Authentication

    You authorize ECASH, directly or through third parties, to make any inquiries we consider necessary to
    validate your identity. This may include asking you for further information, requiring you to provide
    your date of birth, a taxpayer identification number, 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, or verifying your Information against third party
    databases or through other sources. We may also ask to see your driver’s license or other identifying
    documents at any time. ECASH reserves the right to close, suspend, or limit access to your account
    and/or the ECASH Services in the event we are unable to obtain or verify these information.

  6. eCash’s Intellectual Property Policy

    ECASH respects artist and content owner rights. Thus, it is ECASH’s policy to respond to notices of
    alleged infringement. ECASH will promptly terminate without notice any User’s access to the Services if
    that User is determined in the sole discretion of ECASH to be a “repeat infringer.” For purposes of
    this provision, a repeat infringer is a User who has been notified by ECASH of infringing activity
    violations more than twice.

    You agree not to use the ECASH site or the Services to transmit, route, provide connections to, or
    store any material that infringes copyrighted works or otherwise violates or promotes the violation of
    the intellectual property rights of any third party.

  7. Acceptable Use

    You agree to comply with all applicable local, national and foreign laws, treatises, and regulations in
    connection with your use of the Services. By using the ECASH Services, you further agree not to:

    1. use the Services in any manner not permitted by this Agreement;
    2. circumvent, disable, or interfere with security-related features of the Services or features that
      prevent or restrict use or copying of any content therein;
    3. rent, lease, loan, sell, resell, sublicense, distribute, or otherwise transfer the Services granted
      herein;
    4. delete the copyright or other proprietary rights on the ECASH Services;
    5. make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Members or
      Users. This includes, but is not limited to, unsolicited advertising, promotional materials, or
      other solicitation material, bulk mailing of commercial advertising, chain mail, informational
      announcements, charity requests, and petitions for signatures;
    6. use the ECASH Services for any illegal purpose, or in violation of any local, national, or foreign
      law, including, without limitation, laws governing intellectual property and other proprietary
      rights, and data protection and privacy;
    7. reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the
      ECASH Services or any part thereof, except and only to the extent that such activity is expressly
      permitted by applicable law notwithstanding this limitation;
    8. attempt to gain access to any account or computer resource not belonging to you without
      authorization from the owner (e.g., hacking);
    9. facilitate any viruses, trojan horses, worms, or other computer programming routines that may
      damage, detrimentally interfere with, or surreptitiously intercept or expropriate any system, data,
      or information;
    10. interfere with the use or enjoyment of the ECASH network or Services by other Users or Authorized
      Users;
    11. hold ECASH, its suppliers, officers, directors, employees, agents, affiliates, or shareholders up
      to public scorn, ridicule, or defamation;
    12. remove, modify, disable, block or obscure, or otherwise impair any advertising in connection with
      the ECASH Services;
    13. circumvent any ECASH policy or determination about your account such as, but not limited to,
      temporary or indefinite suspensions by attempting to create a new or additional ECASH account,
      creating a new or additional ECASH account with information belonging to others, using another
      person’s ECASH account, or any other similar acts;
    14. refuse to cooperate in an investigation or provide confirmation of your identity or any information
      which you provided to ECASH;
    15. use the Services in a manner that results in or may result in complaints, claims, or any other
      liability to ECASH, other Users, third parties, or you;
    16. take any action that may cause ECASH to lose any of the services of its internet service providers,
      payment processors, or other suppliers;
    17. control an account that is linked to another account that is committing any of the foregoing acts;
    18. encourage or instruct any other individual or entity to do any of the foregoing or to violate any
      term of this Agreement;
    19. do anything analogous or similar to the foregoing.
  8. Disclaimer

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

    (a) YOUR USE OF THE ECASH SERVICES IS AT YOUR SOLE RISK. ECASH SERVICES ARE PROVIDED ON AN “AS IS” AND
    “AS AVAILABLE” BASIS. ECASH, ITS SUPPLIERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ASSOCIATES TO
    THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE
    ECASH WEBSITE AND SERVICES AND YOUR USE THEREOF, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE,
    FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY
    RIGHTS. ECASH, ITS SUPPLIERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, AND SHAREHOLDERS MAKE
    NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF OUR SERVICES, SOFTWARE, OR
    CONTENT;

    (b) ECASH MAKES NO WARRANTY AND ASSUMES NO LIABILITY OR RESPONSIBILITY (I) THAT THE SERVICES WILL MEET
    YOUR REQUIREMENTS, (II) THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III)
    THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (IV)
    THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU
    THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, (V) THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED;
    (VI) FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO
    AND USE OF OUR SERVICES OR WEBSITE, (VII) FOR ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS
    AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (VIII) FOR ANY
    INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IX) FOR ANY BUGS, VIRUSES, TROJAN
    HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (X)
    FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF
    THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA OUR WEBSITES;

    (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN
    DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR
    LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL;

    (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE
    SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS; AND

    (e) ECASH SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE
    DAMAGES, EVEN IF ECASH, ITS SUPPLIERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES AND
    SHAREHOLDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    Some jurisdictions do not allow for the exclusion of certain warranties or conditions or the limitation
    or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of
    implied terms, or incidental or consequential damages, so the limitations or exclusions of liability in
    this Agreement above may not apply to you.

  9. Indemnity

    You agree to defend, indemnify, and hold harmless ECASH, its affiliates, and/or their respective
    suppliers, officers, directors, employees and agents, from and against any reversals, chargebacks,
    claims, fees, actions or demands, recoveries, losses, damages, fines, penalties, including without
    limitation reasonable legal fees, alleging or resulting from your use the Services, or your violation of
    the rights of a third party or your breach of this Agreement or your warranties herein or other ECASH
    policies, terms and conditions.

  10. Limitation of Liability

    Your use of the Services is at your own risk. If you are dissatisfied with any aspect of our Services or
    with these terms and conditions, or any other rules or policies, your sole remedy is to discontinue use
    of the Services or termination of your membership. You expressly understand and agree that ECASH shall
    not be liable for any direct, indirect, incidental, special, consequential exemplary damages, including
    but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even
    if we have been advised of the possibility of such damages), resulting from: (a) the use or the
    inability to use the Services; (b) the cost of procurement of substitute goods and services resulting
    from any goods, data, information, or services purchased or obtained or messages received or
    transactions entered into through or from the Services; (c) unauthorized access to or alteration of your
    transmissions or data; (d) statements or conduct of any third party on the service; or (e) any other
    matter relating to the Services.

  11. Modifications to Agreements, Policies, or to our Services

    We reserve the right to change this Agreement at any time without notice. We also reserve the right at
    any time to modify or discontinue the Services, temporarily or permanently, with or without notice to
    you. You agree that we shall not be liable to you or any third party for any modification, suspension,
    or discontinuance of the Services. Further, you acknowledge that ECASH may change applicable
    subscription fees in Schedule “A” at any time without notice. Changes in subscription fees will take
    effect on expiration of any existing subscription.

  12. Termination
    12.1 Suspension or Termination by ECASH

    Without prejudice to other remedies which ECASH may have, ECASH may immediately issue a warning,
    suspend (i.e., lock out access and operation of Services for User) or restrict either temporarily or
    indefinitely, or terminate User’s account and refuse to provide Services to User if: (a) ECASH believes
    that User has violated or acted inconsistently with this Agreement, or any of our policies; or (b) User
    has failed to pay fees or other payments due to ECASH; or (c) ECASH is unable to verify or
    authenticate any information User provides to ECASH; or (d) ECASH believes that User’s actions may
    cause legal liability for User, ECASH’s other clients, or ECASH.

    ECASH may also in its sole discretion and at any time discontinue providing the Services, or any part
    thereof, with or without notice. You agree that any termination of your access to the Services under any
    provision of these terms and conditions may be effected without prior notice, and acknowledge and agree
    that ECASH may immediately deactivate, archive, or delete your account and all related information and
    data and/or any further access to such data or the Service. Further, you agree that ECASH shall not be
    liable to you or any third-party for any termination of your access to the Services.

    12.2 Termation by User

    You may terminate this agreement by following the instructions in the ECASH site. Upon termination, we
    will cancel any pending transactions.

    12.3 Effect of Termination

    Upon termination of this Agreement by either User or ECASH, all of User’s rights under this Agreement,
    and ECASH’s provision of Services, shall terminate immediately.

  13. Third Party Websites and Information

    Our website(s) may provide hyperlinks to third party websites or access to third party content. ECASH
    does not control, endorse, guarantee, or assume responsibility for any content, product, or service
    found in such third party websites through our websites or any hyperlinked website or featured in any
    banner or other advertising. You agree that ECASH is not responsible for any content, associated links,
    resources, or services associated with a third party website and ECASH will not be a party to or in any
    way be responsible for monitoring any transaction between you and third-party providers of products or
    services. As with the purchase of a product or service through any medium or in any environment, you
    should use your best judgment and exercise caution where appropriate. You further agree that ECASH
    shall not be liable for any loss or damage of any sort associated with your use of third party content.
    Links and access to these third party websites are provided for your convenience only.

  14. Arbitration

    YOU AND ECASH AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE
    SITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, OR UPON REQUEST BY ECASH FOR RESOLUTION AT ANY
    OTHER FORUM AT ECASH’s SOLE DISCRETION, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL
    DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THIS AGREEMENT, THE SITE, AND/OR THE
    SERVICE (INCLUDING YOUR VISIT TO OR USE OF THE SITE AND/OR THE SERVICE) SHALL BE FINAL AND BINDING
    ARBITRATION, except that to the extent that either of us has in any manner infringed upon or violated or
    threatened to infringe upon or violate the other party’s patent, copyright, trademark, or trade secret
    rights, or you have otherwise violated any of the user policy or conduct rules set forth above then the
    parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other
    appropriate relief may be sought. Arbitration under this Agreement shall be conducted by the Hong Kong
    International Arbitration Centre. The language of the arbitration shall be English. The arbitrator’s
    award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the
    fullest extent permitted by applicable law and except as otherwise approved by ECASH, NO ARBITRATION OR
    CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED WITH ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY
    ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION
    PROCEEDINGS SHALL BE PERMITTED.

  15. Miscellaneous

    These terms and conditions will be governed by and construed in accordance with the laws of the
    Philippines, excluding that body of law governing conflict of laws. Any legal action or proceeding not
    subject to arbitration, relating to or arising out of these Terms or your use of our websites will be
    brought in the proper courts in Makati City, and you submit to the venue and personal jurisdiction of
    such court and waive all defences of lack of personal jurisdiction and forum non conveniens with respect
    to venue and jurisdiction in Makati City. If any provision of this Agreement is held to be invalid or
    unenforceable, such provision will be enforced to the greatest extent possible and the remaining
    provisions will remain in full force and effect. Headings are for reference purposes only and in no way
    define, limit, construe, or describe the scope or extent of such section. ECASH’s failure to act with
    respect to a breach by User or others does not waive ECASH’s right to act with respect to subsequent or
    similar breaches. No action by User arising under this Agreement may be brought at any time more than
    twelve (12) months after the facts occurred upon which the cause of action arose.

    15.1 Assignment

    User may not assign any of its rights, or delegate any of its duties under this Agreement, and any
    attempted assignment will be null and void. ECASH may assign any of its rights or obligations without
    notice and/or restriction.

    15.2 Force Majeure

    Operation of our Services may be interfered with by numerous factors outside of our control and we shall
    not be liable to you for any delay or failure in performance under this Agreement resulting directly or
    indirectly from causes beyond ECASH’s control.

    15.3 Interpretation

    If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be
    struck out, as narrowly as possible, and the remaining provisions shall be enforced. Headings are for
    reference purposes only and in no way define, limit, construe or describe the scope or extent of such
    section. This Agreement is prepared and executed in the English language. The English language version
    shall govern the parties’ relationship. Any translation of this Agreement into other languages shall be
    for informational purposes and shall have no legal effect.

    15.4 ECASH Confidential Information

    You represent and warrant to ECASH that (a) you are not a competitor of ECASH, (b) you shall keep
    publicly unannounced information and materials pertaining to ECASH, pre-release software, testing or
    testing procedures strictly confidential, and (c) you shall not use any information gained from access
    to the ECASH websites or use of the ECASH Services to compete with ECASH in its business.

    15.5 Entire Agreement

    Except for other agreements or terms appearing on our websites, this Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.

    Additional Information

    Any questions relating to our Legal Agreements and Policies may be directed to (LEGAL@ECASH.IO).