Promo until June 30, 2019. DTI-FTEB Permit No. 4917 Series of 2019
Terms and Conditions
No need to top-up another wallet. Purchases are directly charged to your Prepaid load or Postpaid account.
You won’t waste your time filling up complicated forms or going through a long application process. And for iOS users, registration is simply an SMS away.
You don’t have to worry about going through a line-up of steps to make a simple purchase. You can simply buy apps & items directly using your Smart account.
Both the registration & purchasing processes are quick, simple, & ultra convenient for your mobile lifestyle.
Are you a merchant?
The Service allows you to charge your purchases on iTunes and the App Store to your prepaid airtime load or your postpaid bills. The Service relies on a virtual account issued by the Bank (as defined below) on behalf of Smart.
All purchases are made from iTunes and the App store and existing Terms and Conditions and proprietary rights apply, including refund policies. You can refer to iTunes Terms and Conditions at http://www.apple.com/legal/internet-services/itunes/ph/terms.html
'Application' means any software program or other downloadable digital content (together with any applicable documentation or end user license agreement) created by a third party application developer or publisher including in-application purchase for the same.
'Bank’ means BDO Unibank, Inc., a banking corporation registered in the Philippines that is one of the solution partners of Smart for providing the Service.
'Service' refers to the Smart Pay-With-Mobile service. This is the facilitation of the billing of your purchase, license and/or subscription of Applications via your mobile postpaid bill or prepaid airtime.
'Vendor' refers to the third party authorized application or content developer who sell and/or license their Applications to end users at iTunes and the App Store.
This Service is limited to customers of Smart.
This Service is limited only to purchases on iTunes and the App Store. You agree that you shall not use the Service for any other purchases except as set out above. You agree that any purchase transactions using the Service at any other merchant location shall be declined and not honored by Smart.
You must be the true owner of the Smart account to use this Service. If not, permission must be attained from the respective account holder to charge the account accordingly.
You are solely responsible for maintaining confidentiality of personal account credentials and information in using this Service including, but not limited to, your Apple ID details, and activities and transactions that occur under your account. You must notify iTunes, the App Store, the Vendor, the Bank and/or Smart customer care for any detected unauthorized use of your Service details, or any breach of security.
Smart shall not be liable for any delay in or for failure to perform obligations under this Agreement if that delay or failure is caused by circumstances beyond Smart’s control or by a third party.
Smart has no control over the Applications and is not responsible to ensure that these will not contain or promote anything defamatory, illegal or discriminatory.
Each Application and your use of it is subject to the terms and conditions contained in the Vendor’s end user license agreement, as set out on their website or WAP site or as otherwise provided to you by them. You are subject to applicable terms and conditions of iTunes and the App Store.
Smart does not provide any operational or technical support for iTunes, the App Store and Vendor’s Applications. Aftersales support instructions are provided in your e-mail receipt, sent by iTunes to the designated email of your Apple Account.
Smart may suspend your use of the Service where it is suspected that there is unauthorized or fraudulent use. In the event that your use is suspended pursuant to this clause, you may be barred from future use of the Service.
Smart may implement a per-transaction value limit or per-calendar month spending limit. Such limit may cause temporary suspension of your use of the Service once such limit has been reached.
For added customer experience, you authorize Smart to send push notification to you for activities in relation to the Service
If you transfer to another carrier, you will be deemed to have cancelled the Service and will be subject to the terms and conditions of the other carrier after the transfer is completed, if applicable. Notwithstanding the above, you will remain responsible for all fees and charges incurred as a Smart customer.
You may request from Smart for your mobile number to be blocked or barred from using the Service.
Smart reserves the right to remove the facility to pay using your Smart account without prior notice.
Prices for Applications are determined by the Vendors and are subject to adjustment or taxes or currency exchange rates determined by them.
Smart may charge additional fees on top of the price published by iTunes and the App Store and/or Vendor and may make changes to the applicable fees for the Service, at any time, without notice.
If you are a postpaid subscriber, you agree and acknowledge that your acceptance of a charge during the transaction process will entitle Smart to collect payment through your postpaid mobile service bills. Charges will apply within 24 hours of transaction. Transaction will be reflected on the respective monthly phone bill.
If you are a prepaid subscriber, you agree and acknowledge that your acceptance of a charge during the transaction process will entitle Smart to deduct your airtime load. Charges will apply within 24 hours of transaction. Your prepaid airtime balance will be deducted accordingly.
If you subscribe to a subscription service on an Application, you will be billed in accordance with the subscription, frequency and price indicated at the time of your subscription. You are required to refer to the applicable subscription cancellation policy. The cancellation request has to be made to iTunes or the App Store and the respective Vendor. If the subscription is not cancelled prior to the renewal date, you may no longer have the right to cancel or receive a refund and any cancellation will take effect from the following renewal period.
All purchases of Applications are considered final.
Refund policy of iTunes and the App Store applies.
If you are a postpaid subscriber, and if you are entitled to a refund from iTunes, the App Store and/or from respective Vendor, your refund will be applied in the respective monthly billing period through billing adjustments. Refunds will apply within 24 hours of confirmation from iTunes, the App Store and/or from respective Vendor
If you are a prepaid subscriber, and if you are entitled to a refund from iTunes, the App Store and/or from respective Vendor, your refund will be added to your current balance. Refunds will apply within 24 hours of confirmation from iTunes, the App Store and/or from respective Vendor
If your postpaid account has been incorrectly debited, you must notify Smart within 21 days from statement date.
If your prepaid balance has been incorrectly deducted, you must notify Smart immediately of said transaction.
Refund policy of Smart does not apply to any issues relating to the operation or performance of iTunes, the App Store, or the Application. All refunds or disputes relating to iTunes, the App Store and/or the respective Application should be referred to iTunes and/or the relevant Vendor.
By using this Service, you consent to your Personal Data being collected, used and/or disclosed to or by Smart, the Bank and Vendors for the purpose of providing you the Service. You further agree that we may share your personal data with Apple, Vendor or service providers who provide operational services to Smart, such as, telecommunications, information technology, payment, payroll, processing, or other services to Smart for the purpose of providing this Service.
You agree that all claims, causes of action and/or disputes relating to the Service shall be resolved exclusively between us, to the exclusion of any third parties that are not a party to these Terms and Conditions.
YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF SMART PAY-WITH-MOBILE SERVICE AND ANY OF THE APPLICATIONS. SMART SHALL NOT BE LIABLE FOR THE QUALITY OR PERFORMANCE OF APPLICATIONS ACCESSED THROUGH THE ITUNES OR THE APP STORE
Smart reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of the Service; (2) to modify or change the Service, and any applicable policies or terms; and (3) to interrupt the operation of the Service, or any portion of the Service, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Smart may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Service, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Smart’s, Apple’s, or Vendor’s rights or property, or the rights or property of visitors or users of the Service, including Smart’s customers. Smart reserves the right at all times to disclose any information that Smart deems necessary to comply with any applicable law, regulation, legal process or governmental request. Smart also may disclose your information when Smart determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You agree that Smart may, in its sole discretion and without prior notice, terminate your access to the Service, for cause, which includes, but is not limited to, (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of iTunes, the App Store or any Application, or (4) unexpected technical issues or problems.
Any feedback you provide on Smart channel in relation to the Service shall be deemed to be non-confidential. Smart shall be free to use such information on an unrestricted basis.
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