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Terms and Conditions for Smart’s Online Bills Payment Facility

TERMS AND CONDITIONS OF USE
Welcome to Smart’s online bills payment (“Service”), a web based bills payment channel of Smart Communications, Inc. ("Smart"). The Smart website (smart.com.ph) provides this Service to you subject to the following terms, conditions and provisions ("Terms and Conditions"). If you visit or use this Service, you are deemed to have understood, agreed and accepted these Terms and Conditions to be the legal equivalent of a signed written contract, and you accept and agree to be bound by these Terms and Conditions. Please read these Terms and Conditions carefully. In addition, when you use the Service, its future versions or feature or visit or transact from any business affiliated with this Service, whether or not included in the Smart web site, you will also be subject to the guidelines and conditions applicable to such service feature or business.


MODIFICATIONS OF TERMS AND CONDITIONS
Smart reserves the right to vary these Terms and Conditions at any time for any reason, and your continued use of this website and services offered in this website following any modifications will be deemed to constitute acceptance of such modifications.

These Terms and Conditions were last modified on March 29, 2017.


PRIVACY
Please review our Privacy Notice, which also governs your visit to the Service in order to understand our practices.


YOUR ACCOUNT
In reference to the Service, you will not use or permit the use of your User ID and password in whole or in part for any purpose, whether legal or illegal, other than as specifically intended to do online payments. In the event of an unauthorized use, it is your responsibility to notify Smart as soon as you become aware of such use. In all cases, Smart will not be liable for any breach of information arising from unauthorized use.

The Service is not to be used by children or minors. Credit card enrollment and actual payment transaction shall be done by adults, who can make bills payment once they access the Service. If you are under 18 years old, you may use the Service only through a parent of lawful age or a court appointed guardian. Smart and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel payment transaction in their sole discretion.

Where Smart knows of or suspect a breach of security or other suspicious circumstances in respect of or in connection with the operations of the Service, Smart may, in its sole and absolute discretion and without liability; cancel, terminate or suspend the use of the Service without notice to you.


SERVICE ACCESS
At certain times, the Service may not be available due to system maintenance or force majeure. Smart will not be liable for any loss or damages arising from unavailability of the Service due to these causes.


ACCURACY OF INFORMATION
You are responsible for and must take all reasonable care to ensure the information you supply in the registration process is accurate. The accuracy of the information you submitted or any failure to transmit the accurate information is outside the scope of responsibilities and liabilities of Smart.


APPLICABLE LAW
By visiting or using the Service, you agree that the laws of the Republic of the Philippines, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Smart or its affiliates.


DISPUTES
Any dispute in any way related to your visit to the Service or to the transactions made shall be submitted to confidential arbitration in Makati City, Metro Manila, Philippines, except that, to the extent you have in any manner violated or threatened to violate Smart's intellectual property rights, in which case, you agree that Smart may seek injunctive or other appropriate relief in any court in the Philippines, and you consent to the exclusive jurisdiction of such courts and venue in Makati City, Philippines only. Arbitration under these Terms and Conditions shall be conducted under the applicable arbitration laws of the Philippines. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions shall be joined, without Smart's prior written consent, to an arbitration involving any other party subject to these Terms and Conditions, whether through class arbitration proceedings or otherwise.


SMART ONLINE BILLS PAYMENT VIA MY SMART:
The Smart Online Bills Payment may be accessed by logging in to your My Smart account. Only those who have successfully created a My Smart account may use this Service.

Payments may only be made by the My Smart account holder for its successfully linked postpaid accounts.


SMART ONLINE BILLS PAYMENT VIA MOBILE:
You may also access the Smart Online Bills Payment via the SMS sent to your postpaid account once your bill is ready for delivery or when your e-Statement is available. A link to the Smart Online Bills Payment page is included in the SMS sent to you.

A One Time Password (OTP) will be required before the Smart Online Bills Payment is accessed to ensure the privacy of your postpaid account information.

Once the OTP is successfully completed, you will be able to access the Smart Online Bills Payment where you may access your latest billing statement or pay.


PAYMENT TERMS
You may use any MasterCard, Visa, American Express and JCB Credit Cards in the Service. Credit card enrollment is no longer needed. Your credit card will be charged as soon as you submit your payment and payment is confirmed.

Smart reserves the right not to post or reverse the posting of the payment in the account number being paid under this Service if Smart has reason to believe that the said transaction was acquired using a fraudulent credit card information or other reason at the sole discretion of Smart.

If the payment transaction is not posted to the corresponding Smart account being paid after a successful payment, Smart will initiate refund of the full amount that was charged to the credit card. Reversal of credit card charges will be reflected in the credit card bill.

Subscriber warrants that Smart shall not be made liable for any damages, fees, etc. in the event of chargeback.

Smart will effect the payment transactions to the account number being paid, provided that information you supplied in the Service’s Payment Details Screen is accurate and correct. It is your responsibility to ensure sufficient, accurate and correct information is provided in Payment Details Screen. Any charges or penalties as a result of an unsuccessful transaction due to insufficiency, inaccuracy or incorrect information of the account will be your sole responsibility.

Smart, in its absolute discretion and without liability, may decline transactions due to cases, such as, but not limited to, transactions from suspicious Internet Protocol (I.P.) address, payment transaction amount limit per day/frequency of payment transactions and/or maximum concurrent transactions.


FEES AND CHARGES
Smart may from time to time, upon notification, introduce or change fees for the use of this Service. Should there be reversal of payments earlier made in the account paid due to chargeback, disputes or loss of a claim, you agree to allow Smart to recover any amounts due to Smart by debiting the corresponding account or by rendering payments corresponding to the amount due using any alternative payment channels.

In the event of a chargeback, you agree to allow Smart to charge your account the applicable chargeback fee. Smart will notify you of the applicable chargeback fee, if any.


FORCE MAJEURE
Smart shall not be liable for any delay or failure in performance caused by force majeure, which shall include, but not limited to earthquakes, flood, typhoons, epidemics, war, rebellion, insurgency, riots, invasion of the Philippines by another country, strikes, lockouts, boycotts, or any form of work stoppage, government restriction or pending order of competent court.