Updated: Mar 05, 2021
Welcome to ePera. Please read these TERMS AND CONDITIONS (T&Cs) prior to completing
the registration for an account with ePera. The following T&Cs shall govern the terms under
which you may access and use the products of ePera, ePera website, ePera App and the
services associated with it. By registering to ePera or using the ePera App, you accept and
personal data is collected and processed when you use the ePera Service. It also defines the
set of rules that you should comply with when using the ePera App. If you do not understand or
portion of the ePera Service.
These T&Cs shall be effective, valid and binding from the time you agreed to it and will exist up to the time that it is terminated by you or us, save for those provisions that will remain effective after termination as stated in these T&Cs, laws or regulations. ePera reserves the right to modify these T&Cs at any time without any advance notice. Any changes to these T&Cs will be effective immediately upon posting on this page, with an updated effective date. By accessing or using the ePera Service after any changes have been made, you signify your agreement on a prospective basis to the modified T&Cs and all the changes. Be sure to turn to this page periodically to ensure familiarity with most current version of the T&Cs.
Any version of these T&Cs in a language other than English is provided for convenience and you understand and agree that the English language version will control if there is any conflict. Under these T&Cs, the terms “ePera”, “we”, “us”, and “our” refer to ePERA PTE Ltd. together with its employees, directors, affiliates, successor and assigns.
I. GENERAL REGULATIONS
- These terms and conditions, hereinafter referred to as "T&Cs", apply to the rules regarding the use and operation of "ePERA" by its Users.
- By accepting the T&Cs, the User represents that he/she is at least 18 years old to register for an ePera account. If User is younger than 18, parental consent will be required of the User.
- If you are a business entity, you also represent that you are duly authorized to do business and your employees, officers, representative and other agents accessing or using the ePera Service are duly authorized to access and use the ePera Service and to legally bind you to these T&Cs and all transactions conducted under your username and password.
- "ePERA" is a trademarked named by ePERA PTE Ltd., with office address located at 336 Smith Street #05-311 New Bridge Centre, Singapore 050336.
- Queries for and about ePera ca be coursed through the ePera email address at email@example.com.
II. DEFINITION OF TERMS
- Account Holder / User – refers to a person who downloads and installs the Application on their mobile devices, registers his/her credentials in the Application through a mobile device and is using the Application on a mobile device
- Administration – refers to tasks, processes and procedures needed to be performed by ePERA in order to keep the platform optimally functional
- Administrator – refers to ePERA PTE Ltd.
- Advisor – an operator/concierge/agent who is dealing with offers/promotions in the ePera Marketplace that is presented to the community, and acting as the consultant/expert/mentor for Users
- Application – refers to the ePERA Application & modules running / existing under it
- Chat – a service that allows Users to converse between groups of Users who have common interest or community, and are chatting amongst themselves
- Community – the private and/or commercial groups in the Application
- Coupon – an electronic instrument graphically represented in the Application entitling its holder to either receive free or purchase certain goods or services under the Partner at a discount
- Device – refers to a mobile instrument or tool that is being used by the User or account holder in order to access & use the Application
- ePera Offer – marketing or commercial information relating to the goods or services offered by the ePera Administrator directed to the User available on the Marketplace
- Marketplace – a platform within the Application where the administrator of the commercial group can post offers / promotions to Users and where Users can avail the offers / promotions from the administrator of the commercial group
- Member/s – refers to User/s who are invited into a Community by means of product/service purchase
- NGO – a non-profit organization that is independent from any government that may receive support in the form of donations from the User for statutory purposes through the Application
- Partner – an economic operator, including via the Internet, commercial or service activities, which is a supplier of tenders presented at the Marketplace
- Partner Offers – marketing or commercial information relating to the goods or services offered by Partners directed to the User available on the Marketplace
- Rewards / Loyalty Programs – an electronic instrument graphically represented in the Application entitling its holder to receive free or purchase certain goods or services under the Partner module
- Service Provider – refers to ePera PTE Ltd.
III. TERMS OF APPLICATION FUNCTIONS
- The Application is available to all active mobile users, who have downloaded the Application from any mobile store, installs the Application on a mobile device, then registers and creates an account through the Application using a mobile device.
- The Administrator does not and will not charge Users fees for downloading and using the Application.
- The mobile device, wherein the Application has been installed, the operating system must be operating on a minimum Android 7 (for Android devices) and iOS 10 (for Apple iPhone devices).
- The minimum operational requirements in relation to connectivity for the Application are
- An active Internet connection
- An active location (GPS) service
- The Administrator is not and shall not be the data service provider. The telco wherein the User has an account with shall be the data service provider. Data required to download the Application and the data transmission costs that will be incurred when the User usesthe Application shall be based on the agreements that the User has with the teclo. The Administrator shall not be liable for the fees and charges that the User will incur with respect to the use of data necessary for the use of the Application. The Administrator recommends that the User utilize operating system functions that measure the usage of transmitted data.
- The main functionalities of the Application are:
- Chat module, which allows the User to
- Communicate with the people in his/her contact list that are ePera Users
- Communicate with an Advisor
- Add/remove contacts to/from a/the chat
- "Me" module, which allows the User to:
- Add/modify/delete/share encrypted notes
- Invite then define Family Members
- Create then define Real Property items such as real estate and motor vehicles
- Link/unlink bank accounts
- Community module, which allows the User to:
- Create/join a private community wherein Users, who are members of that community, can engage in chats and exchange information with each other (including photos)
- Join a commercial community created by a Partner in the Partner Portal in which Users can familiarize themselves with the commercial offer presented by the Partner or Advisor or conduct joint chats with the participation of the Partner or Advisor, to share with one another information (including photos)
- Search and join communities
- Benefit from outputs from the community
- Marketplace, which allows the User to:
- View information about offers from commercial Partner, Advisors and ePERA offers
- Download coupons
- Participate in competitions, available through the Application
- Participate in loyalty programs, available through the Application
- Support User-selected NGOs
- Newsfeed, which allows the User to obtain information through the Application, including news and commercial information relating to community, marketplace, offers, the Application, the Partner and Advisor.
- Chat module, which allows the User to
IV. ACCOUNT APPLICATION, CREATION AND REGISTRATION
- The establishment of an account within the Application is voluntary and free.
- Strictly one User to one account.
- The establishment of an account allows the User to, among other things:
- Use the functions available in the Application
- Refer commercial offers in the Marketplace
- Access and participate in rewards / loyalty programs
- The Administrator can provide a User with other functionalities aside from what is mentioned in the above point. When a new functionality is added for the User, the Administrator will send the User a notification via the Application.
- In order to create an account, User must be 18 years of age to be able to register and to access the account. If User is below 18 years old, parental consent is required.
- During the registration process, the User would need to provide:
- A valid and active email address,
- A password that should be no less than 6 characters long
- A nickname
- The User’s date of birth
- A valid and active mobile phone number
- A User can set his/her custom avatar/profile photo that will be visible above the nickname of the User.
- After the User provides the necessary information for registration, he/she needs to consent with the Application processing the above personal data. A lack of consent shall mean that no registration and account creation will take place.
- The Administrator has the absolute discretion to refuse to approve registration if the Administrator determines that User participates in activities contrary to this T&Cs and to existing laws and regulations.
- The completion of registration concludes an agreement between the User and the Partner or Advisor in terms of provisioning (to the User) electronic services via the Application.
- The registration/agreement is valid until terminated by the User or the administrator except those provisions that will remain valid after the termination as provided by this T&Cs and by existing laws and regulations.
V. RIGHTS AND OBLIGATIONS OF THE USER
- Users are required to use the Application in a manner consistent with existing laws and regulation, also within the generally accepted principles of social coexistence, including the general principles of using the internet and mobile applications, as well as respecting the rights of third parties and the Administrator.
- Users are obliged to:
- Use the Application without disrupting its operation
- Use the Application without inconveniencing other users and the Administrator
- Use the Application with respect to the rights of other users and the rights of Third Parties (including the right to privacy as covered under the Data Privacy Act of 2012 and other, internationally accepted rules governing data privacy)
- Use of any information and materials provided for Application through and only to the extent of their permitted use
- The user is obliged not to post, deliver, upload, share nor obtain data and information that
is abusive and unlawful, wherein:
- The disclosure content is disabled, and the content violates the personal rights of individuals, other Users and third parties
- The content can be tantamount to incitement to commit a crime or as vulgar material and language
- The content of advertising that has no consent of the Administrator
- The User is obliged to immediately report any violation to the T&Cs and rules that govern the use of the Application to the Administrator via email through firstname.lastname@example.org.
- Should the Administrator determine that the activities of the User are in breach of current Laws, terms, generally accepted principles of social coexistence, and/or in breach of conditions, rules and regulations that govern the use of the Application or is detrimental to the justified interests of the Administrator, the Administrator may take any action as permitted by Law, including the ability to restrict the use of the Application.
- A User may not share passwords and access of an account to third parties nor impersonate other entities or other Users.
- The Administrator shall not be liable for a User’s misuse of the Application in a manner inconsistent with the provisions of this T&Cs, rules and regulations governing the use of the Application.
- The User bears, in relation to the Administrator, Partners and other Members or third parties, full and sole responsibility for their actions, including any cases of violation of the provisions of the T&Cs, rules and regulations governing this Application and for the content and comments posted by the User himself/herself in the Application.
VI. RIGHTS AND DUTIES OF THE ADMINISTRATOR
- The Administrator reserves its right to lock and/or delete a User’s account or block the
User’s ability to use some features or remove information, files or content uploaded,
published or posted by the User in the Application in the cases of:
- Violations in existing Laws or violations in the terms, conditions, rules and regulations in using the Application
- Account security threats
- Action to the detriment of another User and/or Partner
- The use of false and fictitious information during and/or after registration
- The lack and/or failure of a User to respond to an Administrator’s warning
- A User shall remain locked up until the time the Administrator has proven that:
- The User has ceased activities that caused the lock
- The User has provided an explanation to the Administrator that is deemed to be acceptable
- Information on the reasons for the lock shall be sent to the User’s registered email address.
The Administrator shall not be liable for the following acts by the User:
- Providing an account or password by or from any third party
- Failure of the Partner to properly describe the availability and/or quality of the goods or services offered
- Failure or improper performance or action of the or regarding the obligation by the Partner, including the availability and/or quality of goods or services by the Partner for the implementation of coupons, for handling complaints of goods or services purchased from the Partner and any realization of returns that were agreed between the User and the Partner
- Content, information or files posted by Users, including their accuracy and relevance
- Application malfunction caused by force majeure or forbidden interference or actions of Users and/or other entities
- Fraudulent and/or malicious use of Users, in connection with use of the Application, to use or post any item or material that breaches industrial, trademark, patent or any other intellectual property rights
- Users’ breach of existing laws and regulations or Users for any action in connection with the improper use of the Application, on the basis of which other Users, Partners or any third party damage has occurred, estate or non-pecuniary or would have been a crime committed against them, which would be entitled to claim damages, compensation or any other claim
- Disclosure of the content to which access is obtained by other Members, persons and/or parties fraudulently and has been voluntarily disclosed in the Application by the User
- Any damage suffered by the User as a result of the use of the Application on a device that is not secured and has no malware protection, including situationswherein passwords are intercepted by individuals or third parties. The User is responsible for the use of appropriate applications, software or other technical means, including software to protect privacy, passwords and anti-virus, for the safe and secure use of the Application
- The Administrator has the right to:
- Publish, modify or delete any offer from the Marketplace, without prior notice
- Temporarily suspend or terminate the ability to use Application or some of its services or content or statements or access to files posted by a User in the case of the repair, updates, upgrades, and/or regular maintenance. The Administrator shall provide information about the dates of such for a period of 7 days before the date of commencement of any suspension or termination of service. In the case of updates, upgrades or maintenance resulting from reasons that are beyond the Administrator, the Administrator shall provide information on the start date of any technical work that will be done as well as the anticipated end date of the said works
- Definition of services offered, or the sale of goods is validated by the Administrator, and that the services being offered, and goods being sold are of the Partners. In relation to this, the Partner is the entity responsible for the proper execution of the service and delivery of the goods as advertised or promoted by the Partner in the Application through an offer, including the proper execution of coupons that the Partner offers. The User’s purchase of goods or use of services by a Partner in the way stipulated in the tender is tantamount to the User accepting the terms and conditions of the service or good as stipulated by the Partner. Any charges or fees related to the use of the offer by a User from a Partner shall be paid by the User in terms that are specified by the Partner.
- The Administrator is not responsible for the fulfillment by the Partner or the User on any liabilities related to whether the User accepts or executes an offer from a Partner.
- Items in the Marketplace that are published on the Application by a Partner are only for the Philippine market, while the services published on the Application by a Partner are only provisioned within the Republic of the Philippines.
- Users are made familiar of the contents, regulations and provisions of the Marketplace and that Users accepts the contents, regulations and provisions.
VII. DATA PRIVACY INFORMATION ON THE PROCESSING OF PERSONAL DATA
- ePera shall provide the necessary measures to protect the privacy of its Users in terms of the use and processing of their personal information and data as specified in R.A. 10173 or the Data Privacy Act of 2012. Collection of information and data about a User shall also be treated with the necessary measures as provided under the same Act. Any personal information or data is shared by the User during registration is done under the free will of the User.
- The Data Privacy Officer of the Application is the Administrator of ePera holding office at Geniusto Philippines, Inc. 29th Floor, World Plaza, 5th Avenue, Bonifacio Global City, Taguig City, Philippines
- The application processes the following User data that are necessary for a User to register
in the Application:
- Active Mobile Number
- Active Email Address
- First Name & Last Name
- Date of Birth
- The use of a User’s image as an profile photo/image is optional
- The purpose of obtaining the above-mentioned User information is as follows:
- Allows the User to register, create an Account and use the Application
- Send news feeds to the User via the Application
- User personal data can be transmitted by the Administrator or assigned external entities: postal operators and suppliers, operators of payment transactions, accounting services, legal services or use of IT for support.
- User personal data will be kept for a period as specified during the Registration process of the Application
- User personal data will not be profiled
- The User has the right to:
- Access their personal data including obtaining copies of these data
- Request to remove or restrict the processing of data
- Object to the processing of data
- Data transfer
- Withdrawal of consent to the processing of personal data during processing. Withdrawal of consent does not affect the lawfulness of the processing, which was based on consent before the User withdrawal
- Right to bring an action to the processing of personal data to the National Privacy Commission
VIII. INTELLECTUAL PROPERTY RIGHTS
- The User is not allowed to upload, publish and share, within the Application, any material protected by intellectual property rights and copyright laws without the expressed permission from the owner of the material. The User is solely responsible for any damages resulting from any breach of such laws.
- The Administrator has the license rights to the ePera logo and the Application, as well as the tracks and trademarks contained in the Application, including the materials covered by intellectual property rights referred to in Item 1, that shall be in use in the Application, from Partners.
- None of the songs or trademarks contained in the Application cannot be wholly or partially reproduced, redistributed, copied, modified, published, downloaded, displayed, listed, reproduced or transmitted in any form or through any means, cannot be sold, rented, resold, lent, traded under license or sub-license, used to create works or studies or other derivative works or used in any way, without the written consent of the Administrator or the owner of the rights.
- Complaints regarding any error or malfunction of the Application, or any inappropriate action or improper way of provisioning by the Administrator should be sent to email@example.com.
- The complaint should include a description of the problem and the data enabling the identification of the person making the complaint (such as the User name, registered mobile number and email address). If supporting information is needed to validate the complaint, the Administrator will request the User to send the supporting information. The Administrator can also ask the User any information that may be needed to evaluate and consider the complaint.
- The Administrator shall respond to complains within fourteen (14) days after the complaint was filed and accepted.
- All responses to a User complaint shall be sent to the email address provided by the User.
- If the complaint is accepted, the Administrator shall immediately take the necessary actions to implement the complaint or issue resolution.
- Complaints related to coupons or to the goods or services purchased from a Partner should be addressed directly to the Partner.
- The Administrator's decision on a complaint does not limit nor take away a User's rights to seek legal help or to pursue claims based on generally applicable versions of Laws that are directly relevant to the compliant.
- In the event of a dispute, the parties may use the non-judicial means of dealing with and settling complaints.
X. AMENDMENTS OR CHANGES TO APPLICATION RULES
- The Administrator reserves its right to modify these T&Cs without prior notice.
- Any changes in these T&Cs will be made posted seven (7) days before its effectivity date except to changes that requires immediate action and implementation effectivity date will be made earlier than seven (7) days. Regulations and amended T&Cs will be made available to all participants in the Application seven (7) days before the revised Regulations and T&Cs take effect, unless mandatory provisions are otherwise made effective that requires the said availability to be made in less time. The Administrator shall inform the Users about the changes in the T&Cs and when the changes will take effect in the Application.
- In cases wherein a User does not accept the modifications, the User is obliged to notify the Administrator via email within fourteen (14) days of receiving the information about the changes in the Regulations and T&Cs. Upon receipt of email, the Administrator has the right to terminate the User’s account upon declining the acceptance of the amendments.
- Unacceptance of the modified agreement will result in the immediate deletion of the User account.
XI. TERMINATION AND CANCELLATION
- The User can withdraw his/her account, without giving any reason for the withdrawal from the Agreement with the Service Provider, within fourteen (14) days from the day of the User account activation. A written withdrawal notification addressed to the Administrator is necessary and should be sent to the Administrator via email on firstname.lastname@example.org. Once the Agreement is terminated, access to the Application is immediately terminated and the Agreement will be considered null and void. The Administrator will send a Receipt Notification and Conformation to the User regarding the User Notice of Withdrawal.
- A User has the right to terminate the his/her account at any time with immediate effect. Termination of the account will result in the immediate deletion of the User account.
- The Administrator has the right to terminate a User account and Agreement within 30 days after the Administrator has given notice to the User regarding the termination. Termination of the contract is tantamount to immediately deleting the User account.
- A declaration of termination of the agreement between a User and Administrator, may be submitted by in any written form (letter, email). Termination of the agreement by the Administrator shall by sent to the User’s registered email address.
- If an Agreement between the Service Provider and the User has been terminated by the Administrator, making a re-registration by the User may be subject to prior approval of the Administrator.
XII. INFORMATION ABOUT THREATS TO THE NETWORK
The Administrator reports that the use of the services provided by digital and electronic means is associated with network threats, which are in particular:
- The possibility of receiving spam (unsolicited commercial information that is electronically transmitted).
- Presence and action of malware, including computer viruses, or special software, which is able, when it runs, to infect files usually without discovery by the User.
- The presence and operation of Internet worms (worm) or malicious software capable of self-replication e.g. an email worm that can do a disruptive network attack that collects all email addresses found in the local program (e.g. MS Outlook) and which then sends hundreds of emails containing the worm as an attachment.
- The possibility of tripping spyware, installing the spyware without the knowledge and consent of the User.
- The possibility of being exposed to cracking, or phishing (password fishing) - in the context of Phishing, it is a computer hacking technique (cracking), used to gain access to personal and confidential information for identity theft by means of fake emails that are deceptively authentic.
- Piracy - a term used by software pirates to determine that a software has been stripped of copy protection and is available on the Internet, where it can be downloaded.
- Sniffing - illegal wiretapping, with the notion of cracking and phising, that relies on the use of a sniffer - a computer program, whose task is to capture and analyze any data flowing on the network.
- Activities like cryptonalysis, which is meant to find weaknesses in the cryptographic system, allowing intruders to bypass any security measure.
- The possibility of being exposed to other unwanted activity or "malignant" software, performing unintended actions by the User, does not fall under the definition of the boundaries mentioned above, and occurring under the names: wabbit, trojan, backdoors, exploits, rootkits, keyloggers, dialer hoax.
XIII. FINAL PROVISIONS
- The place of supply of services available in the Application is within the Republic of the Philippines.
- The Laws applicable to the contract between the Service Provider and the User is governed by Philippine Laws and Statutes.
- The agreement between the User and the Service Provider shall be concluded in an indefinite time. User obligations under the Agreement shall last until the withdrawal, termination or expiration of the Agreement.
- A User may not transfer, in whole or part of, the rights or obligations under contract with the Service Provider, nor can it in any other way dispose of them without the prior consent of the Administrator.
Licenses & Certificates
Updated: Mar 05, 2021
Operator of Payment System (OPS) Certificate of Registration
Updated: Mar 05, 2021
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LINKS TO OTHER WEBSITES
Our mobile application and website may contain links to other websites of interest. However, once you have used these links to leave our mobile app and site, you should note that we do not have any control of that mobile application and website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such applications and sites and such applications and sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the mobile application and website in question.
CONTROLLING YOUR PERSONAL INFORMATION
You may choose to restrict the collection or use of your personal information in the following ways :
- Where we use your personal information for direct marketing purposes, you may opt out at any time by writing to us at the following email address : email@example.com
- We will not sell, distribute or lease your information to third parties unless we have your permission or are required by law to do so
If you believe that any information we are holding on you is incorrect or incomplete, please write to us using the following email address : firstname.lastname@example.org as soon as possible. We will promptly correct any information found to be incorrect.