Terms of Use and Terms of Service Cardholders
BY SIGNING UP AND ACCEPTING, YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO THE TERMS OF USE, TERMS OF SERVICE, PRIVACY POLICY AND ADDENDUMS THEREON OF BEEPXTRA PHILIPPINES, INC. (“BXTRA”) INCLUDING THE COLLECTION, USE AND PROCESSING OF YOUR PERSONAL DATA IN ACCORDANCE WITH THE TERMS AND CONDITIONS THEREOF AND THE DATA PRIVACY ACT OF 2012.
TERMS OF USE
1. Definitions
“BXTRA card” shall mean the card, whether physical or virtual, issued to cardholders.
“PIN” or “Personal Identification Number” shall mean the 4-digit code used to approve Cashback redemption.
“Password” shall mean the code used to access the cardholder’s account through the BXTRA Application and website (www.bxtra.com.ph).
“BXTRA merchant members” shall mean the stores or its branches that signed-up for the BXTRA customer loyalty program and other services.
2. Basic Terms
The BXTRA card is for the exclusive use of the cardholder.
The BXTRA card can be used to earn Cashback points at BXTRA merchant members.
Extending Cashback including the amount or percentage thereof is entirely discretionary on BXTRA merchant members.
Cashback cannot be combined with statutory discounts (e.g. senior and PWD) and other promotional offers of BXTRA merchant members.
Accumulated Cashback points can be used for redemption at BXTRA merchant members.
Accumulated and unused Cashback have a 5-year expiration.
The BXTRA card does not function as an ATM card. The Cashback points cannot be withdrawn as cash.
BXTRA shall have no liability for any loss or damage sustained and/or incurred by the cardholder through loss, theft, fraudulent and/or unauthorized use of the BXTRA card.
3. Registration
The cardholder/participant must be at least 18 years old.
The cardholder/participant must provide an active email address for registration.
The email address will be linked to the cardholder’s/participant’s BXTRA account number.
BXTRA physical cards are assigned with an authentication/activation code.
The cardholder shall register his/her Password.
For security purposes, a PIN will be sent to the email address provided by the cardholder/participant.
The PIN and Password are strictly confidential and should not be disclosed, given to or made available for use by any other person.
If the cardholder/participant will register with other BXTRA merchant members, a new and active email address must be provided. The email address provided in the first registration will no longer be accepted by the system.
4. Cashback / Validity/ Instant Cashback / Redemption / Transfers
For every transaction, the cardholder is entitled to avail of the BXTRA merchant member’s Cashback.
Cashback, if given, is not fixed. As such, the Cashback percentage varies.
Cashback will reflect in the cardholder’s account right after the transaction is processed by the BXTRA merchant member in the system and shall be valid for a period of five (5) years therefrom. Cashbacks are transacted on a first in, first out basis.
The BXTRA card does not function as an ATM card. The Cashback points cannot be withdrawn as cash.
The Cashback points will only be entered by the BXTRA merchant member’s authorized staff during or after a transaction.
The redemption process requires the PIN of the cardholder.
In the event that the BXTRA card is not with the cardholder, the cardholder must provide the email address used during his/her registration.
It is the duty of the cardholder to check the balance before and after Cashback issuance and redemption transactions.
For Cashback transfers, a transfer charge at the prevailing rate shall apply.
5. Forgot Password
If the cardholder is unable to recall his/her Password for the BXTRA account login and the PIN for the redemption process, the cardholder can retrieve the account by clicking the button “FORGOT PASSWORD/PIN”
The new PASSWORD/PIN will be sent to the cardholder’s email address.
6. Lost Card
It is the responsibility of the cardholder to safeguard his/her BXTRA card at all times against loss, theft, fraudulent or unauthorized use.
In case of a lost card, the card will not be replaced by BXTRA. The cardholder may use his/her email address or mobile application to retrieve the account and transact with BXTRA merchant members.
7. Suspension
BXTRA may suspend the cardholder’s use of the BXTRA card at any time, with or without notice if:
- There is an error, falsity or other similar issue discovered in the registration details of the cardholder.
- There is an error in the transaction or misuse of Cashback points/redemption and/or BXTRA Card.
8. Undertaking
In case of any error involving the issuance of Cashback points or understatement of redemption amount reflected in a cardholder ’s account as appearing in the reports of BXTRA, the cardholder agrees and undertakes to immediately return/transfer to BXTRA the Cashback points or redemption amount without need of notice or demand.
KINDLY READ THIS AGREEMENT CAREFULLY BEFORE USING ANY BEEPXTRA PHILIPPINES, INC. (“BXTRA”) SERVICE OR WEBSITE AND/OR SERVICE. THIS IS A LEGALLY BINDING AGREEMENT BETWEEN BXTRA AND YOU, INCLUDING ANY BXTRA CARDHOLDER, CUSTOMER, USER, OR WEBSITE VISITOR, (collectively hereinafter referred to as the "Customer").
TERMS OF SERVICE
These Terms of Service form part of an agreement ("Agreement") between BXTRA, and the Customer. This Agreement governs the provision of BXTRA services relating to its customer loyalty program and optional services (the "Service") and is effective as of the moment the Customer indicates agreement or consent on any BXTRA Application and/or website, or from the moment the two parties sign a paper version or customer sign up form, or as of the moment the Customer uses any BXTRA service or website, whichever comes first.
In addition to these Terms of Service, this Agreement consists of the Privacy Policy which is likewise posted at https://bxtra.ph/privacy-policy and BXTRA Application and, where applicable, Addendum Cardholder Terms for BXTRA PH and other references made herein.
1. Acceptable Use Policy (AUP)
a) The Customer will not allow the Service to be used for illegal or improper activities or in any way that violates applicable laws or regulations. Without limiting the generality of the foregoing, the Customer shall not: 1) Interrupt, impair or harm the Service, 2) Send unsolicited messages; 3) Send material which are obscene, libelous or tortious material or which infringe intellectual property and/or privacy rights; 4) Send viruses, worms, trojan horses or other harmful programs; 5) Attempt any unauthorized access; and 6) Impersonate any person or entity.
Third party violations of AUPs including points of access to the internet, systems, software, or equipment of the Customer, will be considered violations by the Customer.
b) Notwithstanding any provision to the contrary in this Agreement, and without limiting any of BXTRA's rights or remedies, BXTRA may suspend the Service in whole or in part in the event that BXTRA reasonably suspects an AUP violation. Reasonable suspicion pursuant to the preceding sentence includes, without limitation, a third-party notice or claim that the Customer's use of the Service infringes on third party rights. BXTRA will make reasonable efforts to notify the Customer before any such suspension, unless the AUP violation calls for immediate action to prevent injury or liability, in BXTRA's opinion and at its sole discretion. Suspension pursuant to this Subsection may continue so long as BXTRA reasonably suspects an AUP violation. BXTRA is not liable for any Service suspension authorized by this Subsection, or for any related loss, even if the suspected AUP violation did not occur.
iii) BXTRA has no obligation to monitor the Service for AUP violations or for other illegal or improper conduct but may do so and may disclose information regarding the use of the Service for any reason, including to satisfy laws, regulations, or governmental, legal, or law-enforcement requests; to operate the Service properly; and to protect itself and its customers. In connection with this, BXTRA may grant law enforcement agencies access to its equipment, including equipment used to provide the Service to Customer.
iv) BXTRA does not condone the use of spamming.
2. Service Levels & Remedies.
a) BXTRA will not be liable for Service interruptions or any other Service failures. In the event of hardware failure, BXTRA will make reasonable efforts to recover lost data, but data-recovery is not guaranteed.
b) All Service features are provided pursuant to the provisions of the Section below and the other terms and conditions of this Agreement.
3. Maintenance & Security.
a) BXTRA may interrupt the Service to perform maintenance on BXTRA equipment or to address and/or mitigate the effects of security breaches, virus attacks, denial of service attacks, and other intentional interferences by third parties. BXTRA will exercise reasonable efforts to inform the Customer before interrupting Service and to repair the Service promptly.
b) The Customer will promptly report any Service failure to BXTRA via the chat support system. BXTRA is not responsible for providing physical access to or copies of software, data, or content stored on BXTRA's equipment under any circumstances and is not required to provide access
i) after any termination or suspension of the Service or
ii) in the event of hardware failure, abuse by hackers or other third parties, improper administration by the Customer, or other interruption of network access.
4. Privacy
BXTRA will adhere to the provisions of the Privacy Policy below.
Customer agrees and confirms that BXTRA shall not be held liable for misuse of personal data by any third party, including without limitation BXTRA merchant members and other providers of products and services.
BXTRA may notify the Customer of leaks or exposure of such data, but except to the extent required by law, BXTRA is not required to provide such notification.
5. Warranties, Disclaimers, & Limitations of Liability
a) BXTRA MAKES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. BXTRA does not warrant that the Service will be uninterrupted, error-free or compatible with specific mobile devices or other hardware.. The Service is provided with no warranties regarding protection from attacks, data integrity or data availability. No communication between the Customer and BXTRA will create a warranty or in any way alter or restrict any disclaimer of warranty or limitation of liability set forth in this Section or elsewhere in this Agreement. As used in the previous sentence, "communications" include, without limitation, marketing materials and representations of sales personnel, advice provided by BXTRA or any of its representatives, quotes, the Customer's sign up form, and any work order or other ordering document.
b) BXTRA WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR MULTIPLE DAMAGES, EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
c) Except to the extent specifically provided in this Agreement, and except to the extent that applicable law specifically forbids such limitation of liability, BXTRA WILL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS, OR PROCEEDINGS RESULTING FROM ANY OF THE FOLLOWING OR FROM ANY BXTRA EFFORTS TO ADDRESS OR MITIGATE ANY OF THE FOLLOWING:
i) SECURITY BREACHES, INCLUDING WITHOUT LIMITATION EAVESDROPPING, THIRD PARTY ACCESS TO THE CUSTOMER DATA OR TO ASSIGNED TERMINALS, THIRD PARTY ACCESS TO OR MISUSE OF PASSWORDS PROVIDED TO/BY BXTRA;
ii) RELEASE OR EXPOSURE, FOR ANY OTHER REASON, OF SENSITIVE OR PERSONAL INFORMATION OR OTHER PERSONAL DATA;
iii) DENIAL OF SERVICE ATTACKS, VIRUSES, WORMS, AND OTHER INTENTIONAL INTERFERENCE BY THIRD PARTIES, INCLUDING WITHOUT LIMITATION BY OTHER BXTRA CUSTOMERS;
iv) LOSS OF DATA OR LOSS OF ACCESS TO DATA;
v) ACTIONS OF THIRD PARTIES, INCLUDING WITHOUT LIMITATION OTHER BXTRA CUSTOMERS AND THIRD PARTY PRODUCTS AND SERVICES PROVIDERS;
vi) ACTIONS OF BXTRA EMPLOYEES, AGENTS, OR CONTRACTORS ACTING OUTSIDE THE SCOPE OF THEIR DUTIES;
vii) MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF DATA, ERRORS, DEFECTS, DELAYS IN OPERATION, OR OTHER FAILURES OF PERFORMANCE OF THE SERVICE, INCLUDING WITHOUT LIMITATION ACCIDENTAL DISCONNECTION AND TERMINATION OF SERVICE;
viii) THE ACCURACY, COMPLETENESS, AND USEFULNESS OF THE SERVICE; AND
ix) COMPATIBILITY OF THE SERVICE WITH DEVICES OR HARDWARE.
d) THE LIABILITIES LIMITED BY THIS SECTION APPLY:
i) TO LIABILITY FOR NEGLIGENCE;
ii) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT PRODUCT LIABILITY, OR OTHERWISE;
iii) EVEN IF BXTRA IS ADVISED IN ADVANCE OF THE POSSIBILITY OF THE DAMAGES IN QUESTION AND EVEN IF SUCH DAMAGES WERE FORESEEABLE; AND
iv) EVEN IF THE CUSTOMER'S REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE.
BXTRA's limitations and exclusions of liability and disclaimers of warranty, set forth in this Section and elsewhere in this Agreement apply equally to BXTRA's officers, employees, agents, contractors, representatives, suppliers, subsidiaries, parents, and affiliated companies. The Customer acknowledges and agrees that BXTRA has set its prices and entered into this Agreement in reliance upon such limitations of liability, and that such limitations of liability form an essential basis of the bargain between BXTRA and the Customer.
6. Indemnity
The Customer will defend, indemnify, and hold harmless BXTRA (including its officers, employees, agents, contractors, representatives, suppliers, subsidiaries, parents, and affiliated companies) from any claim arising out of or related to the Customer's use of, misuse of, or failure to use the Service, including without limitation:
a) alleged Customer conduct that would breach this Agreement, and alleged infringement of intellectual property or privacy rights;
b) security breaches or other alleged faults in the Service, faults leading to the release or exposure of personal information or other private data; and
c) any action taken by BXTRA as part of an investigation into a suspected violation of this Agreement or as a result of its conclusion that a violation has occurred. Such Customer obligation includes payment of losses, expenses, damages, judgments, settlements, and costs, including without limitation attorneys' fees; and
d) violation of AUP.
7. Removal of Merchants from BXTRA
If BXTRA management decides for any reason that a Customer is not a good representation of the Service, it will be removed from the system including the website with a view to cancel the Agreement.
8. Miscellaneous
a) Title and intellectual property rights to the Service, including applications and website, and all components thereof are owned and shall continue to be owned by BXTRA and its licensors and suppliers. This Agreement does not grant the Customer any ownership or license to any application or software used to provide the Service or associated with the Service (collectively, "Software"), or to any other software, by implication, by estoppel, or otherwise. Without limiting the generality of the foregoing, the Customer will not reproduce, reverse engineer, decompile, or disassemble the Software. The logos, service marks, and trademarks (collectively, "Trademarks") displayed on BXTRA's website and Application or through the Service, whether or not registered belong to BXTRA and its licensors, suppliers and customers. Neither this Agreement nor any BXTRA Application or website grants a license to any Trademark, by implication, by estoppel, or otherwise. BXTRA may include the Customer's name in any list of the customers used for marketing or other purposes.
b) The Customer is responsible for maintaining the confidentiality of PINs, usernames and passwords, and the Customer will not transfer or sell to any third party such usernames or passwords, or Customer's access to the Service.
c) During the term of this Agreement and for 365 days thereafter, the Customer will not encourage or solicit any BXTRA employee or independent contractor to leave BXTRA's employ, or otherwise interfere with BXTRA's employment relationships.
d) No remedy of BXTRA provided in this Agreement for late payment, declined credit, or other breaches will limit any other right or remedy of BXTRA at law or in equity.
e) All written communications to the Customer will be deemed delivered if sent to the Customer through the BXTRA Application, website or the email address provided to the BXTRA upon sign up, or to such other contact points provided to BXTRA. All written communications to BXTRA will be mailed by the Customer, unless BXTRA notifies the Customer in writing of alternate contact information, except to the extent that this Agreement provides that such communication will be made through the Customer a specific contact point.
f) BXTRA MAY REVISE THIS AGREEMENT FROM TIME TO TIME BY POSTING AN AMENDED VERSION AT ANY BXTRA APPLICATION AND/OR WEBSITE.
g) This Agreement is to be construed in accordance with and governed by the laws of the Republic of the Philippines without giving effect to any choice of law rule that would cause the application of the laws of any other jurisdiction other than the laws of the Republic of the Philippines to the rights and duties of the parties. The parties hereby consent to the exclusive jurisdiction and venue of the courts of the Republic of the Philippines.
h) To resolve any complaint regarding the Service or receive any further information regarding the Service, the Customer should contact BXTRA at support@bxtra.com.ph or such contact points provided on BXTRA's website under "Contact Us".
i) The Customer will not use the Service in any way that violates applicable laws or regulations.
j) No delay, failure, or waiver of either party's exercise or partial exercise of any right or remedy under this Agreement will operate to limit, impair, preclude, cancel, waive, or otherwise affect such right or remedy. To the extent caused by force majeure, no delay, failure, or default will constitute a breach of this Agreement.
k) The Customer may not assign this Agreement or any of its rights or obligations hereunder without BXTRA's express written consent. Except to the extent forbidden in the previous sentence, this Agreement will be binding upon and inure to the benefit of the respective successors and assigns of the parties.
l) If any provision of this Agreement is held invalid, illegal, or unenforceable, including without limitation as a result of unconscionability or inconsistency with public policy, such provision will be construed so as to come as close as possible to its intended meaning, and the validity, legality, or enforceability of the remaining provisions will in no way be impaired.
m) This Agreement, including those documents incorporated by reference, embodies the final, full, and exclusive statement of the agreement between the parties, and supersedes all prior agreements, negotiations, representations, and proposals, written or oral, relating to its subject-matter.
n) In case of loss of card, it is the responsibility of the Customer to inform BXTRA via the website or at the BXTRA merchant member which issued the same.
ADDENDUM CARDHOLDER TERMS FOR BXTRA PH
IN ADDITION TO THE CARDHOLDER TERMS OF USE AND TERMS SERVICE, THE FOLLOWING SHALL APPLY WHEN THE CUSTOMER AVAILS OF THE BXTRA PH SERVICE (hereinafter “Service”)
Your representations
By using the Service, you represent, warrant and/or undertake that:
You have legal capacity to enter into this transaction and that you are at least 18 years of age; and
The information you provide are true and accurate.
Additional Disclaimers and Limitations of Liability
General
The goods, products and services (“Items”) you order are supplied and/or rendered by BXTRA merchant members who are third-party merchants and/or delivery service providers (jointly “Third Party Providers”). BXTRA merely connects you with such Third Party Providers. BXTRA does not own, offer or resell the Items and it does not own or control the Third Party Providers.
You agree that any liability and responsibility in relation to such Items shall solely be borne by the Third Party Providers and not BXTRA.
The order that you place shall be subject to the terms and conditions, product availability and delivery availability of the Third Party Providers.
The prices of the Items are determined solely by the Third Party Providers and are listed in BXTRA PH and website for information purposes only. They are subject to adjustment by Third Party Providers without prior notice.
Further, BXTRA reserves the right to cancel or suspend orders if in its sole discretion if it suspects or detects any fraudulent or illegal behavior or activity.
Specifically, but not limiting the generality of the foregoing, you agree to the following:
Items
Third Party Providers are responsible for the preparation, condition, quality and rendition of the Items.
BXTRA makes no representation or warranty, express or implied, nor assumes liability, for the quantity, quality, condition or other representations of the Items including their details and images displayed herein.
You agree that you shall have no recourse against BXTRA with respect to the same.
Availability of the Items are at the sole discretion of the Third Party Providers and are subject to change without prior notice.
You must be of the statutory legal age to purchase alcohol, tobacco and other regulated products. Third Party Providers reserve the right to ask for valid proof of age and refuse delivery if you are unable to comply or refuse delivery to any other person, under their sole and reasonable discretion, for any reason.
BXTRA is unaware of and is not obligated to provide ingredient information and allergen warnings. BXTRA does not warrant that the Items are free of allergens. If you have allergies, allergic reactions or dietary restrictions and requirements, please contact the Third Party Providers before proceeding.
You agree to observe any and all food safety instructions of Third Party Providers.
Delivery
BXTRA does not control, warrant, assess nor monitor the suitability, legality, speed and all aspects of business operations of Third Party Providers. You expressly waive and release BXTRA from any and all liability, claims or damages arising from or in any way related to deliveries.
Covered delivery areas may change depending on weather, traffic conditions and force majeure.
You are obliged to provide complete, accurate and truthful delivery address and contact information.
An estimated delivery time will be provided to you. You acknowledge that the delivery time is only an estimate and Items may arrive earlier or later.
You should ensure that you or an authorized representative shall be at the delivery location with a valid proof of identification.
Delivery, at the discretion of Third Party Providers, may be cancelled if/when:
the information on the delivery address are inaccurate or incomplete;
you or your authorized representative are not present at the delivery address or cannot be contacted at the time of delivery for a period of 10 minutes from the arrival of the Items; and
sudden unavailability of Items ordered due to delay in providing information to proceed with the transaction.
In cases of 1. to 2. above, you shall continue to be liable to pay for the Items including additional charges.
Payments
A breakdown of prices and additional charges, including but not limited to delivery charge, shall be provided to you. You agree to fully pay all amounts, including additional charges.
You may not cancel orders once you have received a confirmation. If you cancel an order after it has been confirmed, you shall remain liable for the Items in full, regardless of whether the same has been prepared or delivered by the Third Party Providers.
Payments for Items consisting of goods, products and services except delivery services may be made by the following modes:
Cashback redemption. You must ensure that you have sufficient Cashback in order to fully pay the Items including additional charges.
Bank deposit or electronic money transfer made directly to the merchant’s nominated account. You understand and accept that the details of such nominated account have been provided to us by the Third Party Provider. BXTRA does not warrant the accuracy, existence or legality of such account and shall not in any way be responsible for any and all issues relating thereto.
You are aware and understand that the speed of, or any delay in, confirming bank deposits and electronic money transfers vary for each bank or financial institution involved in the process, and for reasons beyond bXTRA’s control.
You acknowledge and confirm that bXTRA has no involvement in such deposit or transfer and any delay relating to its confirmation and, as such, may not be held liable in connection with any and all issues thereon;
Cash on Delivery (“COD”) to be arranged with a Third Party Provider, and
Such other payment method we would offer from time to time.
Payments for delivery services may only be made by way of electronic money transfer, under the same terms and disclaimers of the 2nd mode of payment above, and COD.
Necessary Data Sharing to Render the Service
You acknowledge and agree that it would be necessary for BXTRA to share your personal data with Third Party Providers in order for, a) Cashback to be issued to you or redeemed by you, and/or b) your order to be processed and delivered. As such and in accordance with BXTRA Privacy Policy, you consent to and allow BXTRA to share such necessary data to Third Party Providers from which you order Items.