Introduction

The terms and conditions on this webpage outline the rules and regulations for the use of Paypanda accessible at www.paypanda.ph.

By using Paypanda, you agreed to accept all these terms and conditions in full. Do not use this website if you disagree with any of the terms and conditions stated on this page.

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Variation of Terms

• “Paypanda”, “We”, “Website”, or “Service” is the payment provider which facilitates in bridging the merchant and buyer together to enable faster and organized transactions.
• “Payment Gateway” is any merchant e-commerce service wherein credit card and direct payments can be done.
• “Merchant” refers to the seller who utilizes the Service to collect and process transactions online.
• “Buyer” refers to the natural person who purchases a product or service from the Merchant paid using the Service.

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For Merchants

1.1. Account Information

To facilitate the service, Merchants must provide personally identifiable information in order to create an account. It can be the following but not limited to:

Name
Email Address
Contact Number
Address

This information will be used solely for the purpose of using Paypanda as a payment portal for business transactions. In return, the Merchant can utilize his or her account to transact to different payment gateway partnered with the Service.

1.2 Closing Your Account

In their subscription to the Service, he or she may disable his or her account as long as the Charges and the Subscription agreement has been settled prior to the closure of the account. Failure to settle the agreement is subjected to penalties or other Charges to the Merchant. Closure of the account should be given notice at least a month in order to take effect.

1.3 Subscriber Usage

The Merchant can make transactions in a way that he or she may choose the preferred payment gateway in the Service as well as view the history and monitor any active transactions. The Merchant may be charged with his or her use of the Services monthly or depending upon the agreement. The Merchant is not allowed to use the Service to for any improper, immoral or unlawful purposes nor in any way which may cause injury or damage to persons or property or an impairment or interruption to the Services.

Merchants should shoulder payment or Charges in accordance with the usage of the Service. The payment term is based upon the agreement stated on the subscription terms availed by the Merchant. An invoice will be given to the Merchant depending on the subscription terms

On the other hand, failure to settle the amount within the due date or 30 days is subjected to additional charges or even the cancellation of the subscription depending upon the weight of the violation.

1.4 Suspension or Termination

Failure to settle the Charges may be subjected to the account suspension or termination of the account. The account suspension may be reactivated if the Merchant can settle the amount 30 days after the notice of suspension. In the same manner, Merchant access may be limited or forfeited if any of the Privacy Policy and Terms and Conditions are found to be compromised and violated by the account holder.

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Paypanda Services

Paypanda is an online payment aggregator where Merchants and Sellers can process their transactions by utilizing the Service. It shall process the transactions based on the information and instruction received from the Merchant of Buyer. Paypanda allows Merchants to make transactions online without the need of creating a merchant bank account.

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Fees and Charges

Paypanda is not responsible for any fees or charges imposed by the Merchant. The Service observes a “No Refund Policy”, meaning that any misuse (e.g. incorrect transaction details) of the Service or negligence done by the Merchant nor Buyer will not be shouldered by the Service.

The Service also reserves the right to make changes regarding the Service fee and other charges if it sees fit. The Merchant and Buyer will receive a notice before its effective date.

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Limitation of Liability

Paypanda shall not be liable, in any way, to the buyer or merchant for its misuse of the Services that may result in the following:

• loss of profit;
• loss of revenue;
• loss of anticipated savings;
• loss or corruption of data;
• loss of contract or opportunity;
• loss of goodwill; or
• borrowing costs; or
• costs associated with Cardholder disputes
• the cost associated with Bank or Payment Gateway Fees
• indirect or consequential loss of whatever nature
• failure of the merchant to deliver the product or service

Paypanda is not liable for any agreement in regards to the terms or conditions of the product or service purchased using the Service. The Buyer and Merchant must be held responsible for all transactions processed done using the Service.

The Service shall also have no responsibility or liability for any content placed by the Merchant or Buyer on the site. You agree to indemnify and defend the Service against all claims arising out of or based upon your usage of the Service. No link(s) may appear on any the page on your Web site or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Paypanda is not responsible for any delays regarding the delivery of the product or service nor the processing of your payment due to technical difficulties or maintenance from the Service nor the Payment Gateway.

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Cookies

The Service employs the use of cookies. By using Paypanda's website, you consent to the use of cookies in accordance with Paypanda’s privacy policy. Cookies are used to retrieve user details and to enable the functionality of some of its parts for ease of use and improvement.

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License

Unless otherwise stated, Paypanda and/or it’s licensors own and reserve the intellectual property rights for Paypanda. Merchants and Buyers are only granted a limited license only for the purpose of using the material as stated in these terms and conditions. You may also view and/or print the contents of this website for personal use except for the following restrictions.

• Republishing material from www.paypanda.ph
• Reproducing, duplicating, or copying material from www.paypanda.ph
• selling, sublicensing and/or otherwise commercializing any Website material;
• using this Website in any way that is or may be damaging to this Website;
• using this Website in any way that negatively impacts user access to this Website;
• using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;
• engaging in any data mining, data harvesting, data extracting or any other similar activities

Any attempt to facilitate these restrictions, if proven, is subjected to penalties imposed by the licensors such as being barred from using the Service.

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Reservation of Rights

The Service reserves the right at any time and in its sole discretion to request the removal of all links or any particular link Merchant or Buyer has put into the website. Merchants or Buyers must agree to immediately remove all links to the website upon such request or we may facilitate the removal without prior notice.

The Service also reserves the right to amend these terms and conditions and its linking policy at any time and in full effect. As a Merchant or Buyer, you consent to agree with any of the changes made in these terms and conditions.

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Removal of links from our website

If you find any link on our Service or any linked website objectionable for any reason, you may alert the Paypanda customer support regarding the matter.

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No warranties

The Service is provided "as is," with all faults, and Paypanda expresses no representations or warranties, of any kind related to the Service or the materials contained on its Website.

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Disclaimer

To the maximum extent permitted by applicable law, the Service excludes all representations, warranties, and conditions relating to the Service and its use (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:

• limit or exclude our or your liability for fraud or fraudulent misrepresentation;
• limit any of our or your liabilities in any way that is not permitted under applicable law; or
• exclude any of our or your liabilities that may not be excluded under applicable law.

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Indemnification

You hereby indemnify to the fullest extent the Service from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach or negligence of any of the provisions of these Terms and Conditions.

Severability

If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

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Assignment

Paypanda is the only one allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms with or without any notification. Paypanda may also not process transactions due to internal reasons and is subjected to the Service’s “No Refund Policy”.

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General

These Terms constitute the entire agreement between Paypanda and the Merchant and Buyer in relation to his or her use of the Service and supersede all prior agreements and understandings. The Service is permitted to revise these Terms at any time as it sees fit, and by using it, the Merchants and Buyers are expected to review these Terms on a regular basis or they may receive an email notification of the said changes.

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Governing Law & Jurisdiction

These Terms will be governed by and interpreted in accordance with Philippine Laws, and you submit to the non-exclusive jurisdiction of the City of Taguig for the resolution of any disputes.