Terms and Conditions
- Use of ePLUS
- Membership and Other Matters
- Data Privacy Consent
- Permitted Use
- Copyright and Proprietary Rights
- Change or Suspension of Website
- Third-Party Links and Advertising
- Governing Laws
This document contains the Terms and Conditions governing your use of this Website, ePLUS online registration/application (hereto collectively referred to as the “Service”), and participation in any competition organized by ePLUS on the Website. If you do not agree to these Terms and Conditions, do not use or access the Service. ePLUS reserves the right to change these Terms and Conditions from time to time and at its sole discretion. Your continued use of the Service following the posting of any changes to the Terms and Conditions constitutes your acceptance of such changes. We strongly recommend that you review the Terms and Conditions whenever you use this Website and prior to your use of ePLUS Services. You can review the most current version of these Terms and Conditions at any time.
USE OF EPLUS
The ePLUS Card is a reloadable prepaid card accepted in selected ePLUS Partner establishments. You can top up (or load) through reloading partners and facilities. Loaded amount / stored value is not withdrawable or refundable. ePLUS card load balance cannot be transferred to another card or account. ePLUS card may be rejected if it has been damaged or is malfunctioning or has been suspended or blocked. In case of loss of, or damage to, the ePLUS Card, you agree to immediately report the said incident in writing or by calling the ePLUS Hotline Number (+632-470-2222). Lost or damaged card with load amount cannot be refunded. In no case shall ePLUS be held liable for your lost card, regardless whether you immediately reported such incidence of loss or damage.
MEMBERSHIP AND OTHER MATTERS
You agree to receive communications, including but not limited to SMS and emails, from ePLUS.
ePLUS will bear no responsibility for resolving any disputes concerning any goods or services you receive from an ePLUS Partner establishment.ePLUS reserves the right at all times, without prior notice and its sole discretion to make any changes to these Terms and Conditions and any rules and guidelines, at its sole discretion.
It is a breach of these Terms and Conditions for any cardholder, in the reasonable opinion of ePLUS, to: a) act in any fraudulent manner or in any way which is likely to be detrimental to the interest of ePLUS or any ePLUS partner; and/or b) supply or attempt to supply misleading information or to make any misrepresentation to ePLUS or any ePLUS partner, or act in any way which in ePLUS’s reasonable opinion breaches or is likely to breach these Terms and Conditions. ePLUS’s decision as to what constitutes a breach shall be final and conclusive.Any breach of these Terms and Conditions, whether intentional or otherwise, may result in termination of the membership or forfeiture of stored load at the sole discretion of ePLUS.
In the event of termination, all stored/loaded amount that may have been loaded, topped up, or accrued by the cardholder will also be terminated, and these may not be sold, assigned, transferred, refunded, or otherwise redeemed. ePLUS shall in no way be liable for any stored value of a terminated member. Failure of ePLUS to enforce a particular Term or Condition shall not constitute a waiver of that Term or Condition.
ePLUS shall in no event be responsible for nor liable to you or any other party for any loss, damage, directly or indirectly, that may occur relating to the use or misuse of, or failure to use the ePLUS in accordance with these Terms and Conditions. You agree to indemnify and hold ePLUS, SM Supermalls and (as applicable) their parent companies, subsidiaries, affiliates, officers, and employees free and harmless from any claim or demand made by any third party due to or arising out of your breach of these Terms and Conditions or your violation of any law or the rights of any third party.
ePLUS in its sole discretion may appoint an agent or contractor to undertake some part or all part of its program on its behalf. In such a situation, any reference to ePLUS in the Terms and Conditions shall automatically include such agent/s or contractor/s.
ePLUS does not warrant that the Service will (1) be uninterrupted; (2) be free from inaccuracies, errors, viruses or other harmful components; (3) meet your requirements; or (4) operate in the configuration or with the hardware or software you use. Unless otherwise provided herein, if you are dissatisfied with this Website or any content thereon, or with the Terms and Conditions, your sole and exclusive remedy is to discontinue using ePLUS Services. You acknowledge, by your use of ePLUS Services, that your use is at your sole risk.
In the event any applicable law does not allow the limitation of liability set forth above or any part of this limitation on liability is found to be invalid or unenforceable for any reason, then the aggregate liability of ePLUS under such circumstances for liabilities that otherwise would have been limited and shall not exceed the price you paid for the purchase via the Service.
DATA PRIVACY CONSENT
In compliance with the requirements of Republic Act No. 10173 of the Philippines, otherwise known as the Data Privacy Act of 2012 (“Data Privacy Act”), we would like to secure your consent on the general use and sharing of information obtained from you in the course of your transaction with ePLUS, the SM Group , or third parties. These data, which may include your personal or sensitive personal information, may be collected, processed, stored, updated, or disclosed by ePLUS (i) for legitimate purposes , (ii) to implement transactions which you request, allow, or authorize, (iii) to offer and provide new or related products and services of the SM Group or third parties, and (iv) to comply with ePLUS’s internal policies and its reporting obligations to governmental authorities under applicable laws.
In providing ePLUS your personal or sensitive personal information, you hereby give your consent to ePLUS and/or members of the SM Group to process, collect, use, store, or disclose your information other members, to governmental authorities, and to third parties, as may be necessary.
Your information may continue to be collected, stored, processed, and/or shared for five (5) years from conclusion of your transactions with any member of the SM Group or until the expiration of the retention limits set by applicable law, whichever comes later.
Your consent will enable ePLUS or any member of the SM Group to process your current and future transactions more efficiently, with less inconvenience on your part. It will also allow ePLUS and/or any member of the SM Group to provide you with incentives (such as loyalty program, pre-qualification to new products or services, and the like) as part of its aim to delight you as our customer.
- Transaction means any transaction, business, or other form of contractual or commercial relationship between you and ePLUS.
- ePLUS is a business developed and maintained by SM Lifestyle, Inc. SM Group refers to SM Lifestyle, Inc., its parent, subsidiaries, affiliates, and their respective representatives and agents.
- Personal information or sensitive personal information includes your name, address, gender, age, marital status, contact details, birthday, education, employment information, and other information classified as “personal data”, “personal information”, or “sensitive personal information” under the Data Privacy Act, and those of your authorized representatives, as well as transactions and communications.
- Purpose include but are not limited to client identification, product development and planning, direct marketing, profiling, complaints management, administrative purposes, and relationship management.
- Reporting obligations means obligations of ePLUS and/or the SM Group to comply with a) applicable law and internal policies or procedures or b) any demand and/or request from government authorities for purposes of reporting, regulatory trade reporting, disclosure, or other obligations under applicable law.
- Governmental authority means the government of the Republic of the Philippines or a foreign country, as may be applicable, or any political subdivision thereof, and any entity exercising executive, legislative, judicial, regulatory, or administrative functions of or pertaining to the government.
- Applicable laws mean any law, statute, constitution, regulation, rule, ordinance, or other government restriction or any similar for of decision of, or determination of, any national or local government or political subdivision, commission, authority, tribunal, agency, or entity of the Republic of the Philippines or a foreign country as may be applicable.
Please be assured that ePLUS is committed to ensuring the confidentiality of your information under the Data Privacy Act, its Implementing Rules and Regulations, and all other applicable laws, and will exert reasonable efforts to protect against unauthorized use or disclosure.
Should you wish also wish to access, update, or correct certain personal information, or withdraw consent to use any of your information as set out in this Website, you may communicate with ePLUS through ePLUS@smworkplace.mail.onmicrosoft.com, or SM Lifestyle Inc.'s Data Protection Officer through firstname.lastname@example.org. Likewise, you may file complaints with, and/or seek assistance from the National Privacy Commission.
For complete reference on the Data Privacy Act, you may access the National Privacy Commission Website at https://privacy.gov.ph.
ePLUS Services are available only to, and may only be used by individuals who can form legally binding contracts under the law. Without limiting the foregoing, our Services are not available to children (persons under the age of 18). If you are under the age of 18, you can use ePLUS Services only in conjunction with, and under the supervision of your parents or guardians.
You acknowledge that if you do not register as a member of this Website, your activity in this Website will be limited.
Employees of ePLUS, their relatives and its related bodies corporate are entitled to become members of the Website, but are not entitled to participate in any competitions organized by ePLUS on the Website. This limitation includes employees' relatives up to the 3rd degree of consanguinity and affinity.
Without limiting other remedies, ePLUS may at its sole discretion limit your activity, temporarily or indefinitely suspend or terminate your membership and refuse to provide ePLUS Services to you if: (a) you breach any Terms and Conditions hereof or any terms incorporated by reference; (b) we are unable to verify or authenticate any information provided to us which we deemed is requisite and necessary; (c) we believe that your actions may cause financial loss or legal liability to us.
The Service is for your personal and non-commercial use. Unless otherwise agreed to in writing by ePLUS, you agree that you will not use the Service or duplicate, download, publish, modify or otherwise distribute or use any material included in the Service for any purpose, except to review the information included in the Service, to subscribe to programs included in the Service, and other products offered by ePLUS for your personal use. You also agree that you will not link to any page on the Service other than ePLUS's home page, without ePLUS's prior written consent. Use of the Service or the materials or content contained in the Service for any purpose not set forth in these Terms and Conditions is prohibited.
COPYRIGHT AND PROPRIETARY RIGHTS
You acknowledge and agree that the copyright and other intellectual property rights in the Services and in all information and materials on this Website ("Website Content") are owned by ePLUS, its affiliates, suppliers or licensors unless otherwise expressly indicated.
The Website Content is protected by Philippine and international copyright and trademark laws.
You agree that you will not do any of the following without ePLUS's written permission:
- use ePLUS's trademarks, except for printing out a copy of this Website or as part of a reference to an ePLUS product or service;
- reproduce, copy, modify, merge, adapt, translate, re-publish, frame, upload to a third party, post, transmit, broadcast, communicate to the public or otherwise make the Website Content available to the public;
- transmit or display the Website Content on any computer, system or network which permits electronic access by more than one user at a time;
- use, sell, assign, rent, sub-license or otherwise deal with the Website Content except as permitted by the Terms and Conditions; or
- anything else which would infringe ePLUS' rights or the rights of ePLUS' content suppliers.
You may view this Website using a web browser so long as you do not change the form of copyright and other proprietary notices. If you are interested in a piece of content solely for your own personal and non-commercial use, you may save a single copy, print one or download one.
CHANGE OR SUSPENSION OF WEBSITE
We reserve the right to modify or discontinue, temporarily or permanently, this Website or any part of this Website with or without notice. You agree that we shall not be liable to you or any third party for any modification, suspension or discontinuance of the Website and / or any Services under this agreement, for any reason. We do not guarantee continuous, uninterrupted or secure access to our service, and operation of our Website which may be interfered with by numerous factors outside of our control. In addition, the Site could be unavailable during certain periods of time while it is being updated and modified. During this time, the Website will be temporarily unavailable.
THIRD-PARTY LINKS AND ADVERTISING
ePLUS provides hyperlinks to third party sites ("Linked Sites") for convenience only, and the inclusion of the hyperlink does not imply any endorsement of the Linked Site by ePLUS or its affiliates. In addition, the inclusion of third party advertising on this Website (whether with or without hyperlinks) is not an endorsement or recommendation of the third party advertiser by ePLUS or its affiliates.
You acknowledge and agree that Linked Sites are not under the control of ePLUS and that ePLUS is not liable or responsible for:
- any act, omission or negligence of any person who administers or owns any Linked Site;
- the copyright compliance, legality or decency of any Linked Site;
- the accuracy or reliability of any information provided by any Linked Site;
- any goods or services provided by any person who administers or owns any Linked Site; or
- the performance of any obligations owing to by any person who administers or owns any Linked Site.
These Terms and Conditions shall be construed in accordance with and shall be governed by the laws in force in the Philippines.
By clicking Agree and Continue, you hereby agree and consent to the Terms and Conditions. The Terms and Conditions are designed to inform you of your rights and obligations when using the ePLUS Service. Other terms and conditions may apply. [Accept and Continue]