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Customer's Terms and Conditions

Basic Terms

  • ObananaPay provides you these Terms and Conditions (“Terms and Conditions”) under which you may access and use our products and services, which include but not limited to ObananaPay App, ObananaPay Website and other services associated with it (the “Products and Services”).
  • Under these Terms and Conditions, the terms “ObananaPay”, “we”, “us” and “our” shall refer to ObananaPay Corp. together with its employees, directors, officers, affiliates, successors and assigns. “Account Holder”, “User”, “you” and “your” shall refer to the individual who accesses, registers, avails and/or uses the Products and Services of ObananaPay.
  • By accessing, registering, availing and/or using the Products and Services of ObananaPay, you hereby accept and agree to be bound these Terms and Conditions.
  • These Terms and Conditions shall be effective, valid and binding from the time that you agree to it or the time you use our Products and Services, and will be in full force and effect up to the time that it is terminated by you or us, save for those terms that will remail valid and effective after termination, as provided in these Terms and Conditions, pursuant to any law, rule or regulation.
  • If our Products and Services are for the use and for the benefit of a business entity, you warrant, represent and covenant that you are duly authorized to transact with us, and your officers, employees and representatives who are accessing or using our Products and Services are duly authorized to use and access the same.
  • We reserve the right to modify these Terms and Conditions at any time without prior notice, and any modification to these Terms and Conditions will be effective immediately upon posting on this page. By simply accessing or using our Products and Services after any change to these Terms and Conditions, you signify your acceptance on a prospective basis to the modified Terms and Conditions.
  • You agree not to use our Products and Services for any illegal or unlawful purposes, or to solicit the performance of any illegal activity. We reserve the right to modify, suspend or terminate your account or access to or use of our Products and Services, without need of a court or prior notice, in the event that we have a reason to believe that such account or access to or use of our Products and Services is or may be used for any illegal or unlawful and fraudulent or suspicious transactions.

Definition of Terms

  • Account Holder – refers to an individual who uses our Products and Services and whose name appears on the online platform or other documents or instruments as may be applicable.
  • AMLA – refers to the Anti-Money Laundering Act, including its amendments and implementing rules and regulations, as implemented by the Anti-Money Laundering Council (AMLC) of the Philippines.
  • Cash-In – refers to the act or process of loading or adding funds into the ObananaPay Wallet or Card, through ObananaPay accredited loading channels.
  • Cash-out – refers to the act or process of withdrawing of funds from ObananaPay Wallet or Card.
  • Card – refers to the ObananaPay Card issued by ObananaPay, if any, which is reloadable of cash and can be used for the payment of goods and services.
  • Claims – refers to all kinds of claims, demands, losses, costs, expenses, damages or liabilities of any kind, suits, actions, assessments, judgments, payments, fines, interest, penalties and other charges, including all reasonable attorneys’ fees and costs of investigation, litigation, settlement or judgment.
  • DPA – refers to the Data Privacy Act of 2012, including its amendments and implementing rules and regulations.
  • Know Your Customer (KYC) – refers to the process of establishing the identity of the User as required by the Bangko Sentral ng Pilipinas (BSP).
  • Personal Identification Number (PIN) – refers to the four (4)-digit security personal identification number of, and nominated by, the User that is used for all transactions. It is also used for both POS and ATM transactions.
  • One-Time Pin (OTP) – refers to the automatically generated numeric or alphanumeric string of characters that is sent to the registered mobile number of the user to authenticate a certain transaction or login session.
  • Obananapay Wallet or Account – refer to an e-money instrument that stores Philippine Peso (Php) value which resides in the ObananaPay system. It is an account that is linked to the User’s mobile Subscriber Identity Module (SIM) card and/or registered email address, and which may or may not be evidenced by a physical Card. Functionalities include, but are not limited to, transfer of funds, payments of goods and services, over-the-air reload of airtime, and balance inquiry.

Representations and Warranties

  • By accessing and/or using our Products and Services, you signify your agreement to our Terms and Conditions and further agree, affirm and warrant that there is and there shall be no agency, partnership, joint venture, employer-employee, licensor-licensee or franchisor-franchisee relationship between ObananaPay and you.
  • You must be more than eighteen (18) years old to register to our ObananaPay Account. By registering, you represent and warrant that you are at least eighteen (18) years old and have the legal capacity to agree with these Terms and Conditions. If you are below eighteen (18) years old, but above six (6) years old, parental or legal guardian consent will be required to bind you to our Terms and Conditions.
  • When using or accessing our Products and Services, you undertake and declare that you take sole responsibility for whatever consequences that may arise out of such use and/or access. You agree that ObananaPay shall not be liable for, and you hold ObananaPay free from any damages, whether it may direct, incidental, special, consequential, indirect or punitive, which may result from such use and/or access.

Registration for ObananaPay Wallet or Account

  • To register for an Account for our Products and Services, your Account shall be associated with your existing and valid mobile number. You will be required to provide your personal information such as your complete name, present and/or permanent address, date of birth, nationality, source of funds, employment information, photo of yourself and signature in accordance with the KYC requirement of the BSP. If necessary, we may request you to provide additional information for purposes of verifying your identify. We may also verify the engage the services of a third-party verification partner, should we deem it necessary.
  • You undertake to provide to us your accurate and complete registration information in order to help us complete the verification process. Please note that the information you provide will be used to determine if you are eligible to use our Products and Services. In case of any change to the same, you also undertake to notify us as soon as possible.
  • We shall process your personal information in accordance with the requirement of the DPA, and the issuances of the National Privacy Commission (NPC).

Account Security

  • You are responsible to keep your PIN, Card number, OTP and other Account data confidential and secure at all times. All transactions made using our Products and Services are conclusively presumed made by you, hence, you shall be liable therefor.
  • You agree to assume full responsibility and liability for all transactions made in your Account. You acknowledge and agree that your PIN and/or OTP is known only to you and as such, any transaction using your PIN and/or OTP shall be presumed to be done by you.
  • Unless in case of gross negligence on our part, you shall hold us free and harmless from any Claims arising from the use of your PIN or OTP. Thus, you agree that ObananaPay can act, at its discretion, on the instruction received from you through any of the means provided by our Products and Services, such as the App or Website, after the entry of your PIN and/or OTP or Biometric authentication.
  • In case of loss of your mobile phone, SIM or Card, you shall immediately inform us within twenty (24) hours from the discovery of loss, through any of our contact information as provided below:
    Hotline +63 917 722 6002
    Email support@obananapay.com
    Help Center https://obananapay.com/site/help-center.html
    Live Chat https://facebook.com/ObananaPH
  • You agree that we shall temporarily deactivate your Account and/or Wallet and/or Card until you request activation. All transactions made prior to the report of loss shall continue to be your liability. You hold ObananaPay free and harmless from any Claims arising from the loss of your mobile phone, SIM and/or Card.

ObananaPay Wallet

  • You understand that ObananaPay Wallet is not a deposit account, and it is not covered by the Philippine Deposit Insurance Corporation (PDIC) and is not earning interest. However, it is still subject to the rules and regulations of the BSP, AMLA, and DPA.
  • The value of the fund loaded in your Wallet may be used to transfer or send money between ObananaPay Wallet

Activation and Deactivation of ObananaPay Wallet/Card Feature

  • ObananaPay has the prerogative to activate and deactivate any features of Wallet/Card whenever it deems appropriate and necessary. Upon request of the User, the deactivated Wallet or Card may be reactivated, subject to the approval of ObananaPay and payment of the required reactivation fee.
  • All Users, whose identity are fully verified, are qualified to apply for Card, subject to the terms and conditions for the use of the Card, which may be modified from time to time.

Cash-In and Cash-Out

  • You may cash-in your money through the channels listed in the ObananaPay App, with the instructions on how to cash-in through each channel. This feature is provided on an “as is, where is” basis and we make no representations nor warranties on the safety, accuracy or harmful component of this feature when used with a channel’s application or system.
  • You may cash-out your funds from your Wallet by using your Card through any participating ATMs or sending the fund via bank transfer.
  • The foregoing transactions are subject to payment of existing and applicable bank transaction fees or charges.
  • You affirm and acknowledge that ObananaPay Account can only be funded by Philippine currency and/or by foreign currency sold for Philippine currency.

Fees, Rates and Other Charges

  • You agree to pay fees, rates and other charges and applicable taxes, related to the use of our Products and Services, as may be imposed by ObananaPay.
  • You agree that all fees are non-refundable.
  • Wallets that remain inactive for six (6) consecutive months, with zero balance shall be automatically deactivated without further notice.

Transaction History Statement

  • Upon your request, we shall send a copy of the transaction history statement via your registered email address. The mere act of us sending your statement to your registered email address is a conclusive presumption that you have received the same.
  • ObananaPay shall be held free and harmless from any Claims should statement be received and readd by any person other that the Account Holder. Neither may the Account Holder thereafter raise the defense that he failed to receive the statement.

Disputes and Erroneous Transactions

  • The details in the SMS/E-receipt in the ObananaPay App after every successful transaction and the entries in the statement are presumed accurate unless the User notifies ObananaPay in writing of any dispute it may have thereto within fifteen (15) days from the date of transaction. If no dispute is reported within the said period, all transactions and the entries in the statement are considered conclusive and accurate.
  • Disputed transactions shall only be credited back to the User’s Wallet once the dispute has been properly processed, investigated, and proven to be in favor of the User. On the other hand, there shall be no reversals for transactions made through key-word based commands and erroneous transactions made by the User.
  • In case of errors or questions about your transactions, you shall inform us through the Help Center or the Hotline within fifteen (15) business days from the date of the transaction. In such case, you allow us to conduct an investigation within ten (10) to forty-five (45) business days from receipt of your notice. For the avoidance of doubt, “error” means an incident in which your Wallet is mistakenly debited or credited, or when a transaction is incorrectly recorded in your Account.
  • If you believe that an unauthorized transaction has occurred in your Account, you should immediately notify us through the Help Center or the Hotline within fifteen (15) business days from the date of occurrence or discovery of such transaction, whichever is earlier. Otherwise, we shall have the right to refuse acceptance of the claim for compensation.
  • Our customer support agent will assist and guide you in filing a dispute regarding such unauthorized transaction. In order to initiate the investigation, you shall provide the following documents and information:
    • Duly filled out Dispute Form (with narration of the incident);
    • Copy of valid ID with signature; and/or
    • Other forms of proof of identity, information or document in relation to the incident.
  • The investigation shall commence upon receipt of all the documents as provided above.
  • Subject to the result of the investigation, you may be compensated by ObananaPay for the said unauthorized transaction if the cause is determined to be the fault and/or negligence of ObananaPay, except:
    • The unauthorized transaction is reported beyond the prescribed fifteen (15)-day period;
    • The unauthorized transaction is found to be caused by the fault and/or negligence of the User
    • The security credentials such as the PIN and OTP are shared or disclosed by the User to another
    • Swindling cases initiated by the User
    • Fraud incident
    • User’s failure to comply to ObananaPay’s KYC process

Suspension or Deactivation of Account, Wallet or Card

  • You acknowledge that, in the following cases, we have the right to deactivate your Account, Wallet and/or Card with or without prior notice depending on the ground for deactivation:
    • the information and documents you provided, including those required for KYC, is/are fictitious, false, or forged;
    • the Account is being used for fraudulent/suspicious transactions or unlawful activities or by an unauthorized person;
    • the Wallet is dormant. For the avoidance of doubt, the Wallet is considered dormant if it has no monetary activity or with zero (0) balance for at least six (6) months from the date of the last transaction; or
    • when the deactivation is pursuant to an order of the governmental agency, court, law, or regulation.
  • You further acknowledge that we have the absolute discretion, with or without prior notice, and for whatever reason to:
    • refuse to complete a transaction;
    • suspend or deactivate your use of the ObananaPay App or your access to any or all of our Products and Services;
    • increase or decrease the limit of your Wallet;
    • to refuse to re-issue, renew, or replace your Card; and/or
    • to amend, modify, restrict, or terminate your use of the ObananaPay App.
  • We have the right to hold the release of the funds in your Wallet if the same is subject to an investigation or claim until the matter is resolved.  You shall hold us free and harmless from any Claims arising from this section unless such Claims are proven to be due to the fault or gross negligence of ObananaPay.

Limitation on our Liability

  • We make no warranty, express or implied, regarding our Products and Services.
  • Our Products and Services are offered on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, other than warranties that are incapable of exclusion, waiver, or limitation under the applicable laws.
  • Without limiting the generality of the foregoing, we make no warranty: (1) as to the quality or accuracy of transactional data or information received or transmitted using the ObananaPay App; (2) as to any product or service obtained using the ObananaPay App; (3) that the Products and Services will be uninterrupted or error-free; or (4) that any particular result or information will be obtained.
  • We shall not be liable for any Claims arising from, in connection with, or as a result of any or all of the following:
    • Refusal of any bank, financial institution, ATM, or Merchant establishment and the like to allow, accept, or honor ObananaPay;
    • For any unauthorized transaction without fault or negligence of ObananaPay;
    • If the User is unable to perform or complete any transaction due to service unavailability of the SIM provider;
    • Any delay, interruption, or termination of the transaction due to reasons beyond our control; including force majeure, the action of governmental agencies or third parties, or change in legislation;
    • Theft or unauthorized use of Wallet or Card or any Claims payable by User to the third party by; and/or
    • any misrepresentation, fraud, or misconduct by any third party.
  • In the event of any legal action filed by the User against ObananaPay, the User hereby agrees that the total liability of ObananaPay to the User shall be limited solely to the amount of damages actually suffered and proven by the User due to fault or negligence solely attributable to ObananaPay.

Loyalty or Rewards Program

  • ObananaPay, at its own discretion, can provide loyalty or rewards program to its Users for the use of its Products and Services. User’s entitlement to such loyalty or rewards program shall be governed by the Terms and Conditions of such particular program.

Data Privacy Statement

  • ObananaPay shall keep the information and files received from you or from third parties in the strictest confidence. By providing information to ObananaPay for the purpose of using the ObananaPay App and availing its Products and Services, you expressly consent to the processing of your supplied User data, as may be applicable for your pertinent transaction using the ObananaPay App. Your data may either be Personal Information or non-personal information.
  • For this purpose, “Personal Information” means any information from which the identity of an individual can be reasonably and directly ascertained, or when put together with other information would directly and certainly identify an individual. It also includes, but is not limited to, the data that would help  us to verify (i) the User’s identity such as name, gender, date of birth, address, telephone/mobile number, email address, proof of identification, source of income, employment, and other data points whenever applicable; (ii) the location of User’s device whether desktop, laptop, or mobile device whenever User access the ObananaPay App or its Website; and (iii) the navigation experience when accessing the ObananaPay App and its Website to see activities done in the channels, the pages visited and the sequence thereof.
  • By enabling biometrics login, you allow us to use your biometrics data saved in your device for the sole purpose of accessing the ObananaPay App.
  • Without limiting the generality of the foregoing, you consent and authorize ObananaPay to store, process, disclose, exchange, and release the information you provided to its associates, affiliates, subsidiaries, officers, employees, agents, lawyers, consultants and respective, pre-paid/debit/credit bureaus or any such persons as ObananaPay deems necessary, or as required by laws, rules, or regulations, including but not limited for the following purpose: (i) providing you with our Products and Services, including customer support; (ii) enhancing your customer experience and improve, develop, and determine tailored products to meet User’s preferences and needs; (iii) communicating relevant products and/or advisories to User; (iv) showing you relevant ads of Products and Services, or the products and services of third parties, and measure the effectiveness and reach of such ads, and the products and services; (v) abide by any safety, security, public service, or legal requirements and processes; and (vi) processing information for statistical, analytical, and research purposes; and (vii) use of biometrics data saved in User’s device for the sole purpose of securing the User’s log-in details; This data shall be stored in ObananaPay and will not be used for any other purpose other than as specified in these Terms.
  • ObananaPay uses Personal Information to the extent necessary to comply with the requirements of the laws and legal processes, including orders of governmental agencies, courts, and tribunals; to comply with a legal obligation; or to prevent imminent harm to public security, safety, or order. ObananaPay uses non-personal information for statistical, analytical, and research purposes to create anonymous and aggregate reports.
  • When required by ObananaPay’s Data Privacy Policy and the laws, and before ObananaPay uses or processes User’s data for any other purpose, ObananaPay will secure the User’s consent. The User has the right to access, correct, object, remove, and transport his information.
  • You also agree and bind yourself to the Privacy Policy of ObananaPay found in this site.

Governing Law and Venue of Litigation

  • These Terms and Conditions shall be construed, interpreted and governed by Philippine Laws. The venue of all actions in connection with these Terms and Conditions shall exclusively in the proper courts of Makati City, to the exclusion of all other courts.

Entire Agreement

  • You agree to be bound by these Terms and Conditions governing the use of the Products and Services upon activating your Wallet or Account.

Non-Waiver of Rights

  • The failure, omission or delay on the part of ObananaPay to exercise its rights under these Terms and Conditions shall not operate as a waiver of the same.

Complaint Handling Process

  • Should you have any concern about a procedure or you encountered a problem with our service, kindly contact us through the following:
    Hotline +63 917 722 6002
    Email support@obananapay.com
    Help Center https://obananapay.com/site/help-center.html
    Live Chat https://facebook.com/ObananaPH
  • You may also contact BSP’s Financial Consumer Protection Department at:
    Hotline:(632) 8708-7087 to 88
    Emailconsumeraffairs@bsp.gov.ph

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