1. THE AGREEMENT.
This Agreement governs the relationship between the e-Service Client (the “Client”)
and Cebuana Lhuillier Pawnshop (the “CLP”). CLP reserves the right to adjust, modify,
amend or supplement these terms and conditions as the service may require without
the need of prior notice. The Agreement or any changes thereto shall take effect
immediately upon the processing of the e-Service enrollment transaction.
2. THE e-SERVICE. 24k Cebuana Card’s e-Services (Electronic Services)
include access to the Client’s 24k Cebuana Card account so that the Client can do
inquiries and transactions through the Internet and/or the Mobile Phone, and the
use of the 24k Cebuana Card for e-Money transactions.
3. ACCESS TO e-SERVICE. To access the Client’s 24k Cebuana Card account
through CLP's e-Services, the client must have a valid Mobile Phone Personal Identification
Number (MPIN) for Mobile Phone, email address and an online password for 24k Online
Internet Portal, and biometrics record and a 24k Cebuana Card for e-Money transactions.
4. ACCURACY OF INFORMATION. The Client hereby warrants that all information
pertaining to his/her identity and personal circumstances are true and correct.
Further, the Client confirms, declares and acknowledges that the mobile phone number
and email address provided to CLP is/are owned/in the control of the Client and
that, any communication from and to the said mobile phone number and/or email address
is and shall be with the knowledge of and within the control of the Client. The
Client confirms and undertakes to inform CLP forthwith upon any change in the mobile
phone number, email address and/or any other change that may affect the provision
of e-Service to the Client.
The Client is responsible for verifying the e-Service transaction history details
and records to make sure that there are no unauthorized transactions. The Client
should likewise review and reconcile transaction records/details for any errors
or unauthorized transactions promptly and thoroughly.
5. ACCOUNT AND CARD SECURITY. The Client shall be responsible for
the security of his/her 24K Cebuana Card and for the maintenance of the confidentiality
of his/her MPIN and/or online password. Therefore, all e-Service transactions and
activities made on the 24K Cebuana Card are conclusively presumed to be done by
the Client and the Client shall be liable therefor. The Client has the option to
change his/her MPIN and online password from time to time as he/she deems necessary.
In case of loss of the 24k Cebuana Card, the Client shall immediately inform CLP
through the Cebuana CARES Hotlines of such loss within twenty-four (24) hours, via
telephone from 9:00 AM to 6:00 PM, Monday to Sunday or thru a written report. Cancellation
of the 24k Cebuana Card shall be processed only upon proper authentication of the
phone call or the signature in the written report, as the case may be. All
activities and transactions made thru the use of the 24k Cebuana Card prior to the
report of the loss shall continue to be the liability of the Client.
The remaining Reward Points and/or Cash Value in the cancelled 24k Cebuana Card
shall be transferred to the replacement 24k Cebuana Card.
6. REFERENCE NUMBER. Each successful e-Service transaction via mobile
phone, internet or e-Money shall be evidenced by a system-generated Reference Number,
which shall be transmitted to the Client's enrolled mobile phone number, e-mail
address or validation form, whichever is applicable, for records purposes. The Reference
Number shall be the basis of the CLP in investigating any complaints lodged by the
7. TRANSACTION DATE. CLP will effect the Client’s transactions, provided
there are sufficient reward points and/or cash value available in the Client’s 24k
Cebuana Card account. It is the responsibility of the Client to ensure that sufficient
reward points/cash value are available in the Client’s 24k Cebuana Card at all times
to cover any of the transactions, immediate or scheduled, and that the 24k Cebuana
Card is active. Any charges or penalties as a result of an unsuccessful transaction
due to insufficiency of reward points/cash value or cancelled card will be the sole
responsibility of the Client and shall be for the account of the Client.
8. e-MONEY TRANSACTIONS. The 24k Cebuana Card, as an e-Money instrument,
is re-loadable. The e-Money may only be redeemed at face value. It shall not
earn interest or rewards and other similar incentives convertible to cash, nor be
purchased at a discount. Further, e-Money is not considered a deposit account
hence, it is not insured with the Philippine Deposit Insurance Corporation (PDIC).
The e-Money is subject to aggregate monthly load limit of One Hundred Thousand Pesos
(Php100,000.00) unless a higher amount has been approved by the Bangko Sentral ng
All e-Money transactions are subject to the rules and regulations of the Bangko
Sentral ng Pilipinas (BSP) and the Anti-Money Laundering Council (AMLC) and all
parties hereto are mandated to comply with said rules and regulations.
9. FEES, RATES AND OTHER CHARGES. The use of e-Service via mobile
phone and 24k Online facility is free of charge. Only fees for the use of text messages
and internet connection shall apply and are payable as agreed upon between the Client
and the Mobile Phone/Internet Service Provider. However, CLP reserves the right
to impose reasonable charges and the Client hereby authorizes CLP to impose said
charges accordingly in the future or in such cases as CLP may deem necessary.
For e-Money transactions, the Client agrees to pay other fees and charges and applicable
taxes related to the 24k Cebuana Card and its use, as maybe imposed by CLP and/or
its partner merchants, such as, but not limited to, remittance, processing, load
and encashment fees. Fees and other charges, as may be applicable, shall be
inclusive of all applicable Philippine taxes and shall be debited from the e-Money
cash value or paid upfront. Should these fees and other charges result in a debit
balance in the e-Money cash value, the amount shall be immediately due and demandable
from the Client. The amount of fees and charges may be revised from time to time
as CLP may deem necessary without the need of prior notice.
10. TERMINATION/SUSPENSION OF e-SERVICES. CLP reserves the right to
terminate or suspend, either in partiality or totality, the e-Service for any client,
without prior notice, and in any of the following instances: a) discovery of any
form of fraud; b) violation of any of the provisions of the e-Service terms and
conditions and rules and regulations of CLP supplementary thereto; and c) other
grounds warranted by law. All reasonable effort will be made CLP to advise the Client
of the circumstances of termination or suspension. Restoration of suspended service
shall be the sole prerogative of CLP.
The Client may request that CLP terminate the access to e-Services permanently by
submitting a written request to the Cebuana CARES or any of the Cebuana Lhuillier
Pawnshop branches. The Client will remain responsible for any transactions/activities
made on his/her 24k Cebuana Card until the time of cancellation. CLP shall not be
liable for any and all remaining scheduled transactions that the Client previously
11. DISPUTES ON TRANSACTIONS. The details in the e-Service transaction
records are presumed true and correct unless the Client notifies CLP thru Cebuana
CARES in writing of any disputes thereon within fifteen (15) days from the date
of transaction. If no dispute is reported within the said period, all transactions
details and records are deemed true and correct. Disputed transactions shall only
be adjusted once the claim/dispute has been properly processed, investigated, and
proven to be in favor of the Client.
12. COMPLAINTS AND INQUIRIES. The Client should direct e-Service complaints
and inquiries to Cebuana CARES Hotlines via the following:
Address: 5/F PJL Corporate Centre
– Annex II 1782 Nicanor Garcia corner Candelaria Sts. Brgy. Valenzuela, Makati City
13. DISCLOSURE. CLP shall keep all 24k Cebuana Card e-Service enrollment
files in strictest confidence. CLP may, however, obtain, exchange or release
information to its associates, affiliates, subsidiaries, officers, employees, agents,
lawyers and other consultants, pre-paid/debit/credit bureaus or any such persons
as CLP deems necessary, or as required by law, rule or regulation.
14. EXCLUSION FROM LIABILITY. CLP makes no warranty, express or implied,
regarding the performance of this Agreement or the e-Service functionalities or
other services offered hereunder.
The 24K Cebuana Card e-Service is offered on an “AS IS” or “AS AVAILABLE” basis
without warranties of any kind, except those required by law and other rules and
regulation issued by pertinent government agencies. CLP further makes no warranty
(1) as to the content, quality or accuracy of data or information provided by CLP
hereunder or received or transmitted using the e-Service Channels; (2) as to any
service or product obtained using the e-Service; (3) that the e-Services will be
uninterrupted or error-free; or (4) that any particular result or information will
CLP shall not be liable for any loss, added cost, compensation, damage or liability
that the Client may incur as a result of any delay, interruption or termination
of the e-Service transaction whether caused by administrative error, technical,
mechanical, electrical or electronic malfunction or any cause beyond CLP’s control
(including but not limited to acts of God, labor disputes, failure of communication
lines, interconnection problems, mobile phone signal/reception problems, interference
or damage by third parties).
15. LIMITATION OF LIABILITY. Subject to the provisions herein, if
CLP is found liable for any act or omission for any reason whatsoever, the liability
of CLP shall be limited to the amount of the relevant transaction or actual damages
to the Client, whichever is less. CLP shall not be liable to the Client for any
indirect, special or consequential loss or damages arising from the use of 24k Cebuana
16. GOVERNING LAW. This agreement shall be governed by the laws of
the Republic of the Philippines and all suits arising from this agreement shall
solely be cognizable by the proper courts of Makati City.