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TERMS &
CONDITIONS
PLEASE READ CAREFULLY THE FOLLOWING TERMS OF USE. BY CLICKING ON THE ACCEPT BUTTON OR SIMILAR BUTTONS OR LINKS AS MAY BE DESIGNATED TO SHOW YOUR APPROVAL OF THESE TERMS YOU ACKNOWLEDGE THAT YOU HAVE READ, FULLY UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ANY ADDITIONAL GUIDELINES AND FUTURE MODIFICATIONS OF THIS USER AGREEMENT (“AGREEMENT”). IF AT ANY TIME YOU DO NOT ACCEPT THESE TERMS IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE TRIPKO CARD (DEFINED BELOW).
YOUR ATTENTION IS DRAWN TO THE PERSONAL INFORMATION COLLECTION STATEMENT IN CONDITION 14 (PERSONAL DATA PRIVACY)
1. Conditions of Issue
Conditions of Issue of the TRIPKO Card (these “Conditions of Issue”) are effective from the time of the activation of the TRIPKO Card (“Commencement Date”) for all customers. The expiration of the TRIPKO Card is three (3) years counted from the its activation date. Before the TRIPKO Card expires, you are required to have the card replaced through any accredited TRIPKO centers, who will process the replacement and balance transfer.
2. Introduction
2.1 These Conditions of Issue are a contract between you, our customer, and us, JourneyTech, the issuer of TRIPKO Card, in respect of the use of your TRIPKO Card, and the issuer of the stored value facility under any JTI Booths or accredited merchants. By using
TRIPKO Card, you agree to be bound by these Conditions of Issue
2.2 These conditions of Issue explain our obligations to you and yours to us. While they apply to all our main services, they may be complemented or changed by particular terms and conditions for certain services which you may use.
2.3 Definition of Terms:
a) Authorized TRIPKO Authorized Service Center is a service provided, not limited to bank or financial services company that we
have authorized to offer the service of adding value/credits to your TRIPKO Card in return for cash or other considerations;
b) Authorized Distributor is an entity that we have authorized to sell TRIPKO Card;
c) Authorized Merchant Partner is an entity not limited to bank or financial service company authorized to offer services in
relation to the use of the TRIPKO Card.
d) Authorized Technical Service Center is an entity that we have authorized to service TRIPKO Card technical problems;
e) Credit/Load/Funds shall mean the actual value stored in the TRIPKO Card
f) TRIPKO Card is the stored value facility cards and products provided by JourneyTech;
g) Service Provider means any transport operators, retailers (including without limitation to supermarkets, convenience stores,
restaurants and fast food shops, food, other consumer goods), entertainment/recreation/sports facilities providers, etc.;
2.4 The Credit/Value do not accrue interest or profits. Any interest accrued and other returns generated therein, if any, shall belong to JourneyTech.
2.5 Upon receiving payments representing the value you intend to add to your TRIPKO Card, we shall deposit all such payment
directly into your TRIPKO Card;
2.6 It is agreed that we shall deduct from your TRIPKO Card Funds:
a) Such sums as are required to meet payments and other transactions made by holders of TRIPKO Card, including without
limitation to payments under this agreement;
b) Any refunds or other payments made or due in accordance with this Agreement;
c) Any interest accrued or other returns generated on TRIPKO Card funds;
Any fees or other costs or amount which we are allowed to charge or deduct in accordance with this Agreement; and,
Any TRIPKO Card funds forfeited in accordance with this agreement.
2.7 We shall administer the TRIPKO Card Funds for the purpose of ensuring that there will always be sufficient funds for redemption
by you.
2.8 We shall take all reasonable organizational measures to minimize risks of loss or diminution of TRIPKO Card Funds through theft,
misuse, fraud, misappropriation, negligence or poor administration.
3. General
3.1. We offer the “TRIPKO Card” which you can buy from our authorized distributors or receive from a third party under this agreement. A TRIPKO card has an initial stored value, where a portion, the amount of which is determined from time to time depending on
government regulation, shall be considered as deposit and will be credited once you successfully register the card. You may not
return the sold TRIPKO Card except in the case of malfunction of the same described regarding its use or cancellations as Described
in this agreement.
3.2 We operate the TRIPKO Card payment system and will ensure that the system and the service are operated with reasonable care,
skill and diligence. If you discover any discrepancies in the usage of your TRIPKO Card, as the case may be, you should contact us as
soon as possible.
3.3 The funds paid by you for adding value to the funds in your TRIPKO Card, whether received by us directly or our Authorized Add
Value Service Provider, will be credited to your TRIPKO Card and made available for your use in a timely manner according to this
Agreement. The TRIPKO Card payment system provides you, if you are a holder of a valid TRIPKO Card, as provided in this agreement, with the ability to pay for certain goods and services using the credits where you see the TRIPKO Card acceptance logo at one of our
Service Providers. The funds paid by you for adding value to the funds in your TRIPKO Card Account, whether received by us directly
or our Authorized Partner will be credited to your TRIPKO Card Account and made available for your use of the TRIPKO Card in a
timely manner according to this Agreement.
3.4 Some of the Service Providers may provide you with a service, such as entry to premises, and may not make use of the payment
functions of your TRIPKO Card.
3.5 A Service Provider or an Authorized Partner can be identified by their clear display of the TRIPKO Card logo, whether online, at
physical locations or otherwise. Please contact the Service Provider, the Authorized Partner or us if the Service Provider or the
Authorized Partner does not accept your TRIPKO Card as payment for their goods/services.
3.6 The Service Providers and the Authorized Partner, as the case may be, are responsible for all aspects of the goods and/or service
they provide to you. In using their services and/or facilities you should abide by their rules, regulations and by-laws. We have no
responsibility for the goods and/or services provided by the Service Providers and/or the Authorized Partners and you should direct
any inquiries relating to these matters to the relevant Service Provider or the Authorized Partner, as the case may be.
3.7 Under normal circumstances, we will make reasonable efforts to ensure that the TRIPKO Card payment system is operating, but
we cannot guarantee that a Service Provider will be able to accept a TRIPKO Card payment as this depends on the Service Provider’s
own systems and operations as well as network, electrical, climatic and other conditions or circumstances which are beyond our
control. Under normal circumstances, we will make reasonable efforts to make available the TRIPKO Card Service, but we make no
representations, endorsements or warranties as to the reliability, availability, title, suitability or any kind whatsoever. Further, we
cannot guarantee that an Authorized Partner will be able to provide designated services in respect of your TRIPKO Card Account as
his depends on the Authorized Partner’s own system and operation as well as network, electrical, climatic and other conditions or
circumstances which are beyond our control. Subject to conditions set forth in this Agreement, we shall not be responsible for any
loss or damage whatsoever incurred directly or indirectly by you as a result of or in connection with your use of the TRIPKO Card service.
3.8 We may charge a reasonable fee for any of the TRIPKO Card payment service and other services we provide to you. Any such fees
will be published in the Schedule of Fees and Guidelines.
3.9 By submitting messages on the TRIPKO Website (www.tripko.com.ph), the user hereby agrees to receive updates and promos via SMS and the email address registered. User has an option to unsubscribe anytime.
4. Obtaining and Using your TRIPKO Card
4.1 To use our service relating to TRIPKO CARD, you will need to obtain a valid TRIPKO CARD from:
a) Authorized Distributors;
b) A bank or financial services company authorized by us to issue you with a TRIPKO CARD;
c) Which is of a specific fare category for which you are eligible in accordance with this Terms
d) Which has not been damaged or tampered with; and
e) Which you have lawfully obtained
f) Any other third party authorized by us to provide you with a TRIPKO CARD; or,
An existing holder of a valid TRIPKO CARD, whether that TRIPKO CARD has been bought by the existing holder or lent by us to the
existing holder. In this case, we will treat you, the current holder of such TRIPKO CARD, as the new holder and our customer for the
purpose of these Conditions of Issue. By using the TRIPKO CARD, you agree to be bound by these Conditions of Issue.
4.2 You have the responsibility to take care of and look after your TRIPKO CARD. We will not be responsible for any unauthorized
transaction not due to our negligence.
4.3 You may only request to have your TRIPKO Card blocked if you have previously registered through www.tripko.com.ph to identify
proper ownership. Once you request that your card be blocked, we may require you to submit a proper identification card together
with an affidavit detailing the reason for the request to block your TRIPKO Card. We may charge you with a transaction fee for the
blocking of the card.
4.4 If your TRIPKO Card has been lost or destroyed, you may request for a card replacement and transfer of balance. However, you
may only request for a card replacement and transfer of balance if you have previously registered through www.tripko.com.ph to
identify proper ownership. Once the request is made, we may require you to submit a proper identification card together with an
affidavit detailing the reason for the request for replacement and transfer of balance.
5. Adding Value to your TRIPKO CARD Account
5.1 In order to be able to make payments using the TRIPKO CARD payment system, you will need to add value to your TRIPKO CARD
by presenting cash or other accepted payment to an Authorized Add Value Service Provider or by such other means as determined
and announced by us from time to time. We may charge you a reasonable fee for the reloading of money on the TRIPKO CARD.
5.2 A genuine Authorized Add Value Service Provider or Authorized Partner will not offer you a discount to add value to your TRIPKO
CARD, as the case may be, unless as part of an official promotion authorized by us. You should not attempt to add value if you have
any suspicion that the Authorized Add Value Service Provider or the Authorized Partner may not be genuine. We will not honor value
that is added to your TRIPKO CARD by an unauthorized add value service provider or unauthorized partner or through unlawful
means.
6. Maximum Amount of Stored Value
Your TRIPKO CARD can store up to a maximum amount of Five Thousand Pesos (Php5,000.00), which amount may change from time
to time. (“Stored Value Limit”)
7. Your Obligations in Using your TRIPKO CARD
7.1 You should take good care of your TRIPKO Card with reasonable security precautions to prevent it from damage or from being
tampered with or from unauthorized use. You should take good care of your username and password should you elect to register
your TRIPKO card.
7.2 You must not use, or allow anyone to use, your TRIPKO Card for any illegal purposes.
7.3 You should only present your TRIPKO Card to authorized merchants, the list of which is indicated in the website.
7.4 You must not tamper with the TRIPKO Card (including without limitation the software and the data recorded on the TRIPKO Card) in any way. Tampering with the data on your TRIPKO Card may be a criminal offence. We shall not honor transactions relating to
tampering of your TRIPKO Card.
7.5 We have the right to recover reasonable costs, expenses, losses and damages suffered or incurred by us as a result of your altering
or interfering, or allowing a third party to alter or interfere, with the data on your TRIPKO Card.
7.6 We will ask you to co-operate with us and, if appropriate, the police, in recovering your TRIPKO Card if it is lost or stolen or if we
have reasonable grounds to suspect suspicious behavior or as required by prevailing law. We will ask you to co-operate with us and, if
appropriate, the police, in any investigation if it is being tampered with or if we have reasonable grounds to suspect behavior of such
nature or as required by prevailing law.
7.7 Our staff and authorized representatives of our approved Service Providers shall have the right to inspect your TRIPKO Card and
items incorporating TRIPKO Card, including the data in that TRIPKO Card, at any reasonable time.
8. Proper Use of your TRIPKO Card
8.1 You should not carry more than one TRIPKO Card or a TRIPKO Card with another contactless smartcard together in close proximity
as they may interfere with one another. If you do so, it will be at your own risk. We shall not be responsible for any damage to the
TRIPKO Card or the electronic devices the functions of which have been affected in connection with the use of your TRIPKO Card. We
reserve our right not to entertain any request for a refund of an amount that has been deducted incorrectly as a result of your
carrying more than one TRIPKO Card with another contactless smartcard together in close proximity.
8.2 We shall not be responsible for any personal injury and/or property loss or damage caused as a result of your inappropriate or
unauthorized use of your TRIPKO Card.
8.3 You shall indemnify us against all actions, proceedings, liabilities, claims, loss, damages and reasonable costs and expenses
(including all reasonable legal fees) which may be taken against us or which we may suffer, sustain or incur howsoever arising out of
or in connection with any inappropriate or unauthorized use of your TRIPKO Card.
9. Malfunction
Your TRIPKO Card has a one-month warranty from the activation date. If your TRIPKO Card malfunctions due to no fault of yours and
you have not damaged or tampered with it in any way: you should return your TRIPKO Card to our Authorized Service Centre or
Authorized Distributors; or if you have obtained your TRIPKO Card from any other third party as described in this agreement, you
should contact that third party.
10. Return of your TRIPKO Card and Cancellation of your Account
10.1 You may return your TRIPKO Card: if it malfunctions, as described in Condition 9. When you return your TRIPKO Card due to
malfunction, we will replace your TRIPKO Card and credit the amount stored in the TRIPKO card that malfunctioned. If the
malfunction is due to the fault or negligence of the user, we may charge you with a Handling Fee and Replacement Fee based on the
schedule stated in our website.
10.2 We reserve the right to recover, cancel or terminate, or suspend your TRIPKO Card or any of our services at any time without
specifying the reasons, but we will take reasonable steps to minimize any inconvenience caused to you. You may be required to
present your TRIPKO Card for replacement in the manner as may be notified by us.
10.3 TRIPKO Card is provided for use in payment and related services, it is not provided as a medium for the exchange or transfer of
money. In respect of any of the services provided pursuant to these Conditions of Issue, we reserve the right to request information
(including personal data), investigate and decline at our sole discretion multiple, high value or repeated purchase or refund requests
from an individual or organization.
11. Personalized TRIPKO Card Service
11.1 If made available by us, you may apply to us to have your identity associated (“Personalized”) with a particular TRIPKO Card. Your
personal data will be stored in electronic format, and may or may not be printed, on your Personalized TRIPKO Card. We will charge
you a reasonable fee (“Personalization Fee”) for both producing and, if requested, handling the return of your Personalized TRIPKO
Card.
11.2 A bank or financial services company that offers a Bank Co-Brand TRIPKO Card may provide you with our Personalized TRIPKO
Card service. Any additional fees or charges imposed by the issuing bank or financial services company will be notified to you by
relevant issuing bank or financial services company.
11.3 You may update your personal information for any changes to your name, address, telephone or email address regarding your
Personalized TRIPKO Card.
11.4 Personalized TRIPKO Card enjoys strengthened protection. You should notify us immediately if your TRIPKO Card or its security is
compromised in any way. You may have to bear a loss resulting from unauthorized transactions of your compromised TRIPKO CARD.
11.5 You should not allow your Personalized TRIPKO Card to be used by another person. If your Personalized TRIPKO Card is found in
the possession of a person other than yourself, we and/or the Service Providers on our behalf, shall have the right, but are not obliged, to repossess your Personalized TRIPKO card from such a person.
11.6 If you wish to return your Personalized TRIPKO Card to an Authorized Service Centre or such other channel(s) as we may
announce from time to time, you should present your TRIPKO Card in person, or if the cardholder of that Personalized TRIPKO Card
has become deceased, a personal representative of the deceased cardholder should present the Personalized TRIPKO Card together
with proof of death of the deceased cardholder, and proof of identity and capacity of the personal representative, in order to claim a
refund, if applicable, and/or any credit as described in this agreement.
12. Lost TRIPKO card Service
12.1 If you are a registered TRIPKO Cardholder, you will automatically be provided with our lost TRIPKO Card service. This lost TRIPKO
Card service may not apply to our other services unless it is clearly stated in the terms and conditions of that service.
12.2 If you are provided with our lost TRIPKO Card service, you should notify us immediately if your TRIPKO Card has been lost or
stolen, except in the case of a Bank issued TRIPKO Card, you should notify the issuing bank or financial services company. We will
then block your TRIPKO Card after a specified period of time (“Lost TRIPKO Card Notification Period”), the latest period of which is set
out in Schedule of Fees and Guidelines, following receipt of your report. The Lost TRIPKO Card Notification Period shall be determined
and announced by us from time to time. Once your TRIPKO Card is blocked, it cannot be re-activated subsequently.
12.3 The lost TRIPKO Card service described in Condition 12.2 will protect you from the loss of the credit and any value added through
the Automatic Add Value Service on your TRIPKO Card. You may have to bear a loss resulting from unauthorized use of your lost
TRIPKO Card before the expiry of the Lost TRIPKO Card Notification Period.
12.4 We will refund and credit, if any, on your TRIPKO Card as recorded in our system. We will charge you a reasonable fee (“Lost
TRIPKO Card Service Fee”) for providing this service.
13A. Expiry, Refunds and Determination of value on TRIPKO Card
13A.1 Any credit on your TRIPKO Card to be refunded to you as described in this agreement will be paid without interest. Any interest accrued or other returns generated (whether before, on or after the Commencement Date) on Card Funds, if any, shall belong to us.
13A.2 You may transfer the load balance of your TRIPKO Card to your new card before the expiration date and within three (3) months
from the Expiry Date. Thereafter, the balance shall be forfeited. Transfer fees apply after card expiration.
13A.3 Upon transfer of the credit to your TRIPKO Card pertaining to the refund, you shall be deemed to have accepted the amount
thereof as correct and agree to discharge us from any liability whatsoever to you, including without limitation any shortfall or error in
the amount of such refund.
13A.4 In determining the value to be refunded to you through credit, the records held by us shall be treated as conclusive evidence of
the said amount except for any manifest error on our part.
13. Personal Information Collection Statement relating to you in accordance with the DATA PRIVACY ACT of 2012
13.1. The law governs the collections, holding, processing and use of your personal data and other information that we may collect
from time to time (“Data”). The Data shall include transactional records to the extent that they are “personal data” as stated in the law.
This Data is to enable us to provide the TRIPKO Card Service and other related services. This notice will be the basis upon which we
collect, hold, process and use the Data.
13.2. If you do not provide your personal data to us, we may be unable to provide you with some of our services, including without
limitation to registered TRIPKO Card, lost TRIPKO Card Service, application for cancellation of your account or transaction records
inquiry, etc.
13.3. Purpose: You agree that your data may be used by us for:
a) Processing an application of our offered service from time to time;
b) Conducting customer service pursuant to due diligence as required by the law, rules, regulations, codes or guidelines;
c) Management, operation and maintenance of your TRIPKO Card account relating to the payments, funds, including audit, and exercising rights as provided in this Agreement;
d) Designing and improving existing services provided by us, our subsidiaries and our affiliates;
e) Communication from us to you;
f) Investigation of complaints or suspicious transactions in relation to the TRIPKO Card, and research for service improvement;
g) Prevention of crime related to the use of the TRIPKO Card;
h) Keeping track of the usage and purchases to provide us better product and services; and
i) Disclosure as required by the law.
13.4 Transfer: Your Data will be kept confidential by us, but you agree that for the purposes set out in 13.3, we may transfer or disclose such Data to the following parties within the Philippines (except that the parties set out in Conditions 13.4(a), (b) and (c)):
a) Participating banks and financial services companies that owe a duty of confidentiality to us and with which you have selected to register;
b) Third party Operator(s) under a duty of confidentiality to us;
c) Our agents or contractors under a duty of confidentiality to us who provide administrative, telecommunications, computer, anti-money laundering and counter terrorist financing intelligence, payment, data processing or other services to using
connection with the operation of our business (such as professional advisors, call center service providers, debt collection
agencies (in the event you owe us any money),courier, gift redemption centers or data entry companies);
d) Our subsidiaries and/or our affiliates which owe a duty of confidentiality to us;
e) Any law enforcement agencies and/or regulatory bodies for compliance with applicable laws, rules, regulations, codes and/or guidelines and/or any person or entity to whom we, our subsidiaries and/or affiliates are under a binding obligation to satisfy a
legally enforceable demand for disclosure under the requirements of any law, rule, regulation, code and/or guideline and/or order of any competent court of law, law enforcement agencies and/or regulatory bodies, but such disclosure will only be made under proper authority.
13.5 Access: You have the right to:
a) Check whether we hold your Data and to have access to that Data;
b) Require us to correct any Data which is inaccurate; and
c) Ascertain our policies and practices in relation to the Data and to be informed of the kind of Data held by us.
13.6. Nothing in this agreement shall limit your rights as provided in the Data Privacy Act of 2012 and its implementing rules and
regulations.
14. Transaction Records
14.1 You may access your transaction records if you register your TRIPKO card. You may inquire about your transaction records in
relation to your TRIPKO Card, including credit balance, date and amount spent with your TRIPKO Card up to such number of most
recent transactions and through such channel(s) as we may announce from time to time. You must keep yourself promptly informed
of all transactions relating to your TRIPKO Card Account and notify us of any transaction discrepancies.
14.2 The transaction records of your TRIPKO Card Account will be safely kept by Journey Tech. Transaction records mean all the
transaction data which we receive (a) from our system TRIPKO Card readers and/or from other channels in respect of the use of your
TRIPKO Card. Save as provided in this agreement, we will only disclose any of your transaction records to:
a) The relevant Service Providers relating to the use of your TRIPKO Card, or Authorized Partners in respect of your Account which
are under a duty of confidentiality to us;
b) Satisfy a search warrant or an order by a competent court of law or a relevant regulatory body that we are required to comply with;
c) Any other parties which are under a duty of confidentiality to us, in order for us to maintain the normal managements,
operation and maintenance of the TRIPKO Card payment system;
d) Any agents, contractors or third-party service providers which are under a duty of confidentiality to us and which provide
administrative, telecommunications, computer, anti-money laundering and counter terrorist financing intelligence, payment,
data processing or other services to us in connection with the operation of our business;
e) Any other person under a duty of confidentiality to us including our subsidiaries, our affiliates or our business partners for the
purposes outlined in this agreement.
15. New Services
We may provide you with new services associated with your TRIPKO Card from time to time, and these new services will be governed by the terms and conditions herein or as amended from time to time for the respective services.
16. Fees and Charges
Our fees and charges are available on our website at www.tripko.com.ph or from our Authorized Distributors or Authorized Partners.
You are advised to check our latest fees and charges from time to time.
17. Changes in these Conditions of Issue
17.1 We may amend these Conditions of Issue by publishing a notice of the change(s) in an English language newspaper and/or on our
website at www.tripko.com.ph if such change(s) affect(s) the fees and charges and the liabilities or obligations of existing customers.
17.2 The change(s) shall take effect on a date specified in the notice, which will be no less than 30 days after the date of publishing
such notice in the newspapers and/or on our website.
17.3 The change(s) will apply to you unless your TRIPKO Card is cancelled or terminated, as the case may be, before the change(s)
take(s) effect.
17.4 A copy of the latest version of these Conditions of Issue will be available on our website or from our designated Authorized
Distributors and Authorized Partners upon request.
18. Rights of Third Parties
18.1 These Conditions of Issue shall not create or give rise to, nor shall it be intended to create or give rise to, any third-party rights. No
third party shall have any right to enforce or rely on any provision of this Agreement, which does or may confer any right or benefit on
any third party, directly or indirectly, expressly or impliedly. The application of any legislation giving rise to or conferring on third
parties contractual or other rights (including without limitation the Contracts (Rights of Third Parties) Ordinance) in connection with
these Conditions of Issue is hereby expressly excluded. For the avoidance of doubt, nothing in this agreement shall affect the rights of
any permitted assignee or transferee of this agreement.
19. Force Majeure
We shall not be in breach of these Conditions of Issue nor liable for delay in performing, or failure to perform, any of our obligations
under these Conditions of Issue, if such delay or failure results from events, circumstances or causes beyond our reasonable control,
including suspending or revocation of our license. In such circumstances the time for performance shall be extended by a period
equivalent to the period during which performance of the obligation has been delayed or failed to be performed.
20. Communications
20.1 Please contact us through such channels as we may announce from time to time for any question, complaint, request for
support and notification of anomalies or incidents in relation to your use of your TRIPKO Card. We will communicate with you using
our foregoing secure contact channels in this Condition 21 or our website. Any message alleged to be sent on our behalf to you via any
other means is not reliable.
20.2 To protect your interest, if a third-party purport to contact us on your behalf, we may request that such third party should provide authorization support and we may contact you directly for verification.
21. Governing Law and Jurisdiction
The laws of the Republic of the Philippines shall govern this Agreement. You and Journeytech irrevocably agree that the courts in the Philippines shall have exclusive jurisdiction to settle any dispute or claim (whether contractual or non-contractual) arising out of or in
connection with these Conditions of Issue, its subject matter or formation.