TERMS & CONDITIONS FOR USE OF GROWCOINS WALLET

The terms and conditions herein constitute a valid and binding agreement between you the “User” and “GROWSARI” (Growsari, Inc. Growsari Enterprise, Inc. and/or G2M Fintech, Inc.). These terms and conditions are in addition to the Terms and Conditions, and Software License Agreement governing the use of the Growcoins Wallet and your account.

The Growcoins Wallet is linked to your Growsari Application Platform (the “Platform”) account which you have downloaded.

By clicking the “ACCEPT” button or using the Application, you are entering into and agreeing to be bound by the terms and conditions. These terms shall be effective, valid, and binding from the time of your agreement which is from the time of your downloading, activating, or using of the Application and will exist up to the time that it is terminated by you or us, save for those terms and conditions that will survive and remain effective after termination as stated in these terms, pursuant to law or regulation, or whose operation necessarily requires survival after the termination.

1. 1. Use of the Growcoins Wallet

      • The Growcoins Wallet is principally intended for effecting payment for the purchase of goods/services offered by the Growsari Group, including but not limited to payment for e-lista program, payment for fast moving consumer goods (FMCG) orders, payment for e-services, and for the purchase of goods/services offered by third-party suppliers and distributors onboarded on the Platform;
      • The Growcoins Wallet is a reloadable e-money instrument. It is not a deposit account, and it is not covered by the Philippine Deposit Insurance Corporation (PDIC). It does not earn interest. However, it is subject to the rules and regulations of the BSP, the Anti-Money Laundering Act (AMLA), as amended, and the Data Privacy Act of 2012, its implementing rules and regulations, and other related laws, rules, and regulations.
      • All amounts in the Growcoins wallet shall be used solely for payment for availment of services offered by Growsari, including but not limited to payment for e-lista program, payment for fast moving consumer goods (FMCG) orders, payment for e-services, and for the purchase of goods/services offered by third-party suppliers and distributors onboarded on the Platform;
      • You understand and acknowledge that Growsari may debit from your Growcoins wallet receivables which have become past due, without need of prior notice.
      • You are liable for all transactions initiated.
      • You agree to use the wallet only for lawful purposes and not to violate any applicable laws, rules or regulations in connection with your access or use.
      • Upon knowledge or discovery of any fraudulent activity or theft in your Growcoins Wallet, you agree to immediately notify Growsari by calling the Customer Service number +639190564444.
      • Growsari may, in its sole absolute discretion, at any time and for any reason, including but not limited to cases it reasonably believes that the transaction may be fraudulent, illegal or involves any criminal activity, suspend or terminate your use and the rights afforded to You hereunder, or forfeit any balance you have in your wallet, with or without prior notice.
      • All entries in your Growcoins wallet are deemed correct and accurate unless you notify us in writing any discrepancies thereon within 15 days from date of transaction.
        

   2. Growsari Wallet Account Security

      • You are liable for the safekeeping and use of your account and your wallet. Growsari shall not be liable to any unauthorized use of the wallet by any person.
      • You shall always keep your Growsari Wallet data confidential and secure. These shall not be disclosed to anyone. You shall be responsible for the security of your Growsari Wallet. All transactions made using the Growsari Wallet are conclusively presumed made by you, and you shall be liable therefor.
      • You agree to assume full responsibility and liability for all transactions made in your Growsari Wallet. You acknowledge and agree that your Growsari Wallet credentials are known only to you and as such, any transaction using your Growsari Wallet credentials shall be presumed to be done by you.
      • The security and proper care of the Growsari Wallet, as well as the confidentiality of your Growsari Wallet credentials shall be your sole responsibility.

   3. Cash in or Funding of the Wallet

      • Cash in or Funding of the GrowCoins can either be through: (i) cash (via Growsari authorized representatives), (ii) Coins.PH platform (i.e. 7-Eleven, M Lhuillier, Cebuana Lhuillier) (iii) other payment channels (e.g. Xendit); or (iv) other channels which may be allowed by Growsari in the future;
      • You may also fund your Growcoins wallet via QRPH or QR codes provided in your stores wherein end consumers can then pay you using whatever wallet/ bank they have. You will then receive the payments from Growsari in your Growcoins wallet. For payments of your end consumers via QRPH, you hereby authorize Growsari to accept and receive such payments for and on your behalf.
      • If you fund your wallet through the different allowed payment channels, you are deemed to have agreed to the terms of service of Growsari payment channels partners and your financial institution.
      • You are liable for any fees charged by third party payment channels for the funding of your Growcoins wallet. However, Growsari may, at its sole discretion, from time to time shoulder the transaction fee charged by the payment channels. Growsari likewise reserves its right to decline any payments at its sole discretion.
      • You agree that Growsari may limit the amount you may fund or load in your wallet at any one time or over any period of time.
      • You agree that Growsari may limit the amount you may fund or load in your wallet at any one time or over any period of time.
      • The minimum top up via bank shall be Five Hundred Pesos Php500.00 while the maximum top up via bank up shall be Php50,000.00 for BPI, Php10,000.00 for RCBC, and Php50,000.00 UBP.

      3.1Funding via QRPH

      • Relative to the use of the QR PH Funding, you hereby agree to: (i) accept of payments from your payers/ consumers through QR PH; (ii) authorize Growsari to receive for and on your behalf payments via QR PH from Payers/consumers; (iii) to disclose data to relevant entities such as third party copayment partners, through Growsari, on matters relevant to our agreement and any payment of the Payer to you effected through QR PH to settle transactions between Payer and you coursed through Growsari (P2Ms); and (iv) to hold Growsari and third party payment partners free and harmless from any and all P2Ms processed accordance with P2M;
      • You further agree not to use the wallet or funding via QRPH to any of the following schemes, products, or services that constitute relate to or are ancillary to, in whole or in part, are not allowed and are defined “Restricted Service”:
        1. Pornographic or illicit material or activities of any type;
        2. Escort services;
        3. Gambling operations, including “virtual casinos”;
        4. Firearms, ammunitions, and explosives;
        5. Pyramid selling or multi-levels commission earning structure; and
        6. Goods, products, services or distributions of any class or type, whether or not similar to those specified above, which are designated from time to time by third party partner (in its sole discretion) as being subject to this definition and notice thereof being given to Growsari provided that no such designation or notice is required for any particular sales to be subject to this definition.

        Growsari and/or payment channels shall also refrain from processing payments arising out of or related to a transaction that:

        1. is illegal or facilitates illegal activity;
        2. is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing, or racially or ethically offensive;
        3. promotes unlawful violence;
        4. is discriminatory based on race, gender, color, religious belief, sexual orientation, disability, or any other discriminatory acts; or
        5. causes damage or injury to any person or property or otherwise violates the rights of persons.
      • You shall not engage in any of the following prohibited practices:
        • Any acceptance practice that discriminates against or discourages the use of the QR PH in favor of any other payment method; and
        • Directly or indirectly require any Payers to pay a surcharge or any contemporaneous finance charge in connection with the payment of the end consumer to you effected through QRPH. You may be permitted to charge fees (such as a bona fide commission, postage, expedited service or convenience fees, and the like) if the fee is imposed on all like transactions regardless of the form of payment used, or as Growsari and the third party payment channel has expressly permitted in writing.
      • You further give your consent for third party payment channels partners or receiving financial institution to process your data in the Multi Proxy Service (MPS) for the purpose of generating QR Code, Merchant ID, etc.

   4. Registration

      • Growsari is mandated to comply with any and all laws, rules or regulations issued by any governmental instrumentality, including among others, the Bangko Sentral ng Pilipinas (BSP) Anti-Money Laundering Council. Thus, you may be required to provide data, prior to the opening of the account or use of the wallet, after the opening and during the use of the wallet and at any time and on-going basis. You agree that you will provide such information and/or documentation promptly to Growsari upon request. You shall be responsible to update your data to ensure its completeness and accuracy

   5. Fees and Taxes

      • Growsari reserves its right to impose fees to cover the relevant costs of providing the Growcoins wallet services.
      • You agree that the use of the wallet may incur government mandated taxes, duties, or charges.

   6. Data Privacy / Data Consent / Data Sharing

      • Growsari values and respects the privacy as well as the security and protection of our customers’ personal data including the personal data of our partners and employees.
        6.1.The Personal Information We Collect
        • Personal Information (PI) or Personally Identifiable Information (PII) is any information from which the identity of an individual can be reasonably and directly ascertained, or when put together with other information would directly and certainly identify an individual, such as: name, date and place of birth, specimen signature or biometrics (fingerprint, face recognition, palm print, etc.), photo, present and permanent address, source of fund or income, name of employer or the nature or self-employment or business, contact details such as personal telephone number, personal mobile number and personal email address, mother’s maiden name, cookie information, user credentials (i.e. username and password, PIN/MPIN, etc.), contacts list, geolocation, and information about the device you use to interact with us.
        • Sensitive Personal Information (SPI) is any information that falls under the category of personal information with higher security impact as described in applicable privacy law. This information includes but not limited to: marital status, cardholder data (CVV/CVC, Expiry Date), tax returns, government issued numbers peculiar to an individual (ex. SS, GSIS, UMID, etc.) information on IDs issued by private companies that are duly registered with the Securities and Exchange Commission, and student IDs for those who are not yet of voting age (below 18 years old).

        6.2.Method and Timing of Collecting Personal Information

        • We collect your Personal Information upon registration for the Growsari application. By using the Growcoins wallet and engaging in transactions through the app, additional information may be collected.

        6.3.Purposes of Collected Personal Information

        • We collect your Personal Data, without limiting the generality of the purpose, to facilitate your transaction needs and avail of our products and services. Said data may be collected, processed, stored, updated, or disclosed by any member of the Growsari by physical, electronic or automated means and shared between and among them or to third parties for (i) regular business use such as marketing initiatives for sari-sari stores and Growsari, data collection and analytics, (ii) for legitimate purposes including but not limited to risk management, know your customer (KYC) checks, prevention and detection of fraud or crime, cross-selling, profiling, (iii) to provide services to you or implement transactions which you request, allow, or authorize, and, (iii) to comply with Growsari’s internal policies and its reporting obligations to comply with (a) Applicable Law, and internal policies or procedures, or (b) any demand and/or requests from any Government Authority for purposes of reporting, regulatory trade reporting, disclosure or other obligations under Applicable Law.
        • We collect your Personal Data to the extent necessary to comply with the requirements of the law and legal process, such as a legal and regulatory obligation, i.e., Bangko Sentral ng Pilipinas (BSP) and Anti-Money Laundering Act (AMLA).

        6.4.User Consent

        • You expressly consent to the processing of the supplied personal information for the purpose of creating and maintaining your account.
        • You agree to and consent to the collection, usage and storage of any Personal Information you provide. Said Personal Information may be processed in order for the Company and its affiliates, partners and agents to perform the services it provides. Without limiting the generality of the foregoing, the Information shall include, without limitation, the following types of information and data, in an aggregate (not user level) form: search requests, search results, patterns, data and suggestions based on user actions.
        • Notwithstanding the foregoing, you shall not provide or disclose any information or data that is personally identifiable to you. This clause will however not apply if you willingly and voluntarily consent to the contrary. In any case, the Company shall not be held liable for the consequences of your actions.
        • As a general rule, the Personal Information will be treated as being confidential but non-proprietary unless you willingly consent to the waiver of its confidentiality.
        • In the event that you have waived the confidentiality of your Personal Information, the same shall now be treated as non-confidential and non-proprietary and the Company therefore assumes no Obligation to protect the same (other than personally identifiable information) from disclosure and will be free to reproduce, use, and distribute the Information to others without restriction. We will also be free to use any ideas, concepts, know-how or techniques contained in the Information for any purpose or whatsoever including, without limitation, developing, manufacturing and marketing products and services incorporating such Information. You agree and hereby undertake the sole responsibility and hold the Company free of liability to you or to any third party, for any data or information that you provide, transmit, or submit while using the Services.
        • You agree and hereby undertake sole responsibility for the consequences of your actions and interactions using the Services, and hereby stipulate admission of liability to the Company for whatever loss or damage the Company may suffer as a consequence of your use or misuse of the Services.
        • When providing Personally Identifiable Information of Third Parties, You warrant that You have obtained their written consent for the Company to use, process and store their information, as required under applicable Data Privacy Laws.
        • You hereby grant consent on the general use and sharing of information obtained from you in the course of any transaction, between You and Growsari, its parent and affiliates and their respective representatives and agents and/or any of Growsari’s accredited third parties (collectively as “Growsari”). You acknowledge and agree that any member of Growsari may share these data between them and such data may constitute your personal or sensitive personal information (which includes without limitation, your name, address, contact details (mobile number and email), as well as information relating to your transactions and communications with any member of Growsari.
        • Your consent authorizes members of Growsari to process, collect, use, store, or disclose your information between them and to other members, to Governmental Authorities, and to any third parties any third party, who acquires the rights and obligations of Growsari; who processes information, transactions, services or accounts on behalf of Growsari; or who requires the information for market research, product and business analysis, or for marketing or advertising activities by Growsari, as may be necessary.

        6.5.Retention Period

        • Your information may continue to be collected, stored, processed and/or shared between and among members of Growsari for five (5) years from the conclusion of your transactions with them and any of their members or until the expiration of the retention limits set by applicable law, whichever comes later. Growsari shall immediately destroy or dispose in a secure manner any information the retention of which is no longer allowed under the said law.

        6.6.Rights of Data Subject

        • We value and respect your rights afforded to you in terms of the privacy of your Personal Data under the Data Privacy Act of 2012.
        • You understand that you have the right to access, update, or correct certain personal information, or withdraw consent to the use of any of my information as set out in this letter at any given time by communicating with the Growsari Data Protection Officer at Level 10-1 Fort Legend Tower, 3rd Avenue corner 31st Street, Bonifacio Global City, Taguig City, 1632 or via email DPO_GSI@growsari.com or DPO_GSE@growsari.com. You recognize that you may file complaints with and/or seek assistance from the National Privacy Commission.
        • With regard to your right to access, we can provide you the Personal Data you have entrusted us, provided that such information is not deemed confidential or proprietary by Growsari, or that your request for Personal Data is reasonable and with lawful reason.
        • You have the right to suspend, withdraw, or order the blocking, removal, or destruction of your Personal Information in our processing systems upon discovery and substantial proof that your Personal Information is no longer necessary for the purpose or purposes for which it was collected, and for such other cases provided in the Data Privacy Act of 2012. We will mark your account in our database as “inactive “or “deactivated” but will have to retain your account information in our systems in compliance with the retention period as prescribed by another law, the Anti-Money Laundering Act.

   7. Amendments

      • Company can modify or amend the terms of this by posting a copy of the modified or amended license on the company’s website at www.growsari.com or by updating the terms and conditions uploaded in the application.
      • Any changes or amendments to these terms shall take effect at least sixty (60) days after the public notice, unless the amendments are directed by the Bangko Sentral to take effect immediately, or unless otherwise provided in existing laws, rules and regulations.
      • You will be deemed to have agreed to any such modification or amendment either by your continued use of the app or the wallet after the amendment or by ticking I agree to the terms and conditions of use of the Growsari Mobile Application.
      • You are allowed to discontinue with the use of the Growsari Application or Growsari Wallet if you do not agree with the amendments to these terms.

   8. Consumer Assistance Unit

      • Growsari is committed in providing best practices as to consumer protection and in adhering to at all times with the BSP Consumer Protection Standard of Conduct. Growsari values customer feedback, comments, suggestions, needs and concerns. You may visit the Growsari Help Desk (https://supertindera.growsari.com/helpdesk/) or send an email to our customer success team at secretariat@growsari.com if you have any concerns or problems with our service. You may also reach out with the BSP’s Financial Consumer Department at consumeraffairs@bsp.gov.ph.

   9. DISCLAIMER OF WARRANTIES.

      YOU ACKNOWLEDGE AND AGREE THAT THE APPLICATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND THAT YOUR USE OF OR RELIANCE UPON THE APPLICATION AND BY ANY THIRD PARTY CONTENT AND SERVICES ACCESSED THEREBY IS AT YOUR SOLE RISK AND DISCRETION. THE COMPANY AND ITS AFFILIATES, PARTNERS, SUPPLIERS AND LICENSORS HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES, AND GUARANTEES REGARDING THE APPLICATION AND THIRD PARTY CONTENT AND SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
      FURTHERMORE, COMPANY AND ITS AFFILIATES, PARTNERS, SUPPLIERS, AND LICENSORS MAKE NO WARRANTY THAT:

      1. THE APPLICATION OR THIRD PARTY CONTENT AND SERVICES WILL MEET YOUR REQUIREMENTS;
      2. THE APPLICATION OR THIRD PARTY CONTENT AND SERVICES WILL BE UNINTERRUPTED, ACCURATE, RELIABLE, TIMELY, SECURE OR ERROR- FREE;
      3. THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR ANY OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH THE APPLICATION WILL BE REPRESENTED OR MEET YOUR EXPECTATIONS; OR
      4. ANY ERRORS IN THE APPLICATION OR THIRD PARTY CONTENT AND SERVICES WILL
         BE CORRECTED, NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR FROM THE APPLICATION SHALL CREATE ANY REPRESENTATION, WARRANTY OR GUARANTY.
         

   10. LIMITATION OF LIABILITY.

       UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ITS AFFILIATES, PARTNERS,SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE APPLICATION OR ANY THIRD PARTY CONTENT AND SERVICES, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COMPANY’S AGGREGATE LIABILITY TO YOU (WHETHER UNDER CONTRACT,TORT, STATUTE OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT OF PHP 3,000.00. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

   11. Notices

       • Where demand or notice is required to be given under this Agreement, notice sent to the parties through any print or electronic communication as may be deemed appropriate by Growsari or at the address or email address specified upon registration or use shall be sufficient compliance with the requirement of notice or demand.
       • Demand or notice from you shall only be given through writing at our designated address or email address and shall be deemed to have been received only upon confirmation.

   12. FRAUDULENT OR SUSPICIOUS TRANSACTIONS

       Growsari, in its sole discretion, shall have the right to suspend or deactivate your GrowCoins account, in the event that Growsari has reason to believe that your Grow CoinsAccount is being used or may be used for fraudulent or suspicious transactions, or by an unauthorized person.

       Growsari, is under no obligation to give prior notice to suspending or deactivating your Growsari Account or blocking the transaction being suspected of illegal activity pursuant to this provision.
       After its investigation, Growsari further has the right to debit from your GrowCoins Account any and all amounts representing, involving, or relating to the proceeds of a fraudulent or unlawful activity, which Growsari shall return or credit to the defrauded or otherwise affected or injured Users or entities.

       You further acknowledge and shall hold Growsari free and harmless against any and all consequences of such suspension, deactivation or blocking, or any loss or damage which you may suffer as a result thereof, unless User has proven Growsari’s fault or negligence.

   13. Procedure for Recovery of LostGrow Coins in the Event of Unauthorized Transactions

       1. An “unauthorized” or “fraudulent” transaction occurs when GrowCoins are sent or debited to a GrowCoins customer’s Wallet without the customer’s consent or authorization.
       2. In the event of an unauthorized transaction, customers shall follow the recovery procedure for reporting lost stolen GrowCoins outlined below:
          

          Recovery Procedure:

          1. To report a complaint, customer may reach Growsari through any of the following channels:
             1. Call the Growsari Hotline – +639190564444;
             2. Growsari Help on the Mobile App
             3. Growsari Email
             4. Growsari Facebook
             5. Growsari Help Desk
                * Complainant/Account Owner acknowledges that certain personal and account information would be requested in order to verify the identity of the complainant/account owner.
          2. To process the complaint, Customer should be able to provide the following:
             1. Date and Time of the alleged unauthorized transaction.
             2. Details of the unauthorized transaction i.e. transaction reference number, purpose if any, name or identity of recipient, etc.
             3. Supporting documentation
          3. To be eligible for the recovery of GrowCoins that were debited during an unauthorized or fraudulent transaction, such unauthorized or fraudulent transaction must be reported within a ten (10) day period from the date of the occurrence of the unauthorized or fraudulent transaction. Days for the purposes of this section shall mean calendar days.
          4. Upon reporting of the unauthorized or fraudulent transaction to Growsari with the necessary details required, Growsari shall issue the customer a ticket number, which will serve as the customer’s reference for their complaint. The Customer may use the ticket number to follow up on the status of the Complaint.
          5. Growsari shall then investigate the Customer’s Complaint and may require electronic copies of documents from the Customer to substantiate the Customer’s claim and continue processing the ticket.
          6. Growsari will exert reasonable efforts to complete its investigation within five (5) working days. However, it may exceed such period, if circumstances of the case require more time for the resolution of the issue.
          7. If after the investigation, Growsari concludes that a fraudulent or unauthorized transaction occurred, it shall credit back the amount of Grow Coins to the Customer’s wallet. However, if after the investigation, Growsari concludes that no fraud occurred or that the Customer has in fact authorized the transaction, it shall not credit the Grow Coins back to the Customer’s wallet.
          8. Exclusions:
             In the event that the Customer inadvertently transfers Grow Coins to the wrong wallet, Growsari may only debit back the Grow Coins if the recipient has not spent the Grow Coins. In such case, the risk of loss shall be borne by the Customer.

   14. Miscellaneous

       • Governing Law. This Agreement shall be deemed to take place in the Philippines and shall be governed and construed in accordance with the laws of the said country excluding its conflict of law principles. Any disputes arising from this Agreement shall be adjudicated in the Courts of Pasig City or Taguig City, to the exclusion of all other venues. This shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
       • Severability. If any provision of this is held to be invalid or unenforceable with respect to a party, the remainder, or the application of such provision to persons other than those to whom it is held invalid or unenforceable shall not be affected and each remaining provision of this Agreement shall be valid and enforceable to the fullest extent as permitted by law.
       • Waiver. Except as provided herein, the failure to exercise a right or require performance of an obligation under this Agreement shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute waiver of any subsequent breach.
       • Assignment. You shall not assign this license or any rights or obligations herein without the prior written consent of the Company and any attempted assignment in contravention of this provision shall be null and void and of no force and effect.
       • Subcontracting: Growsari reserves its right to delegate or sub-contract the performance of any of our functions or obligations in connection with Growcoins Wallet to any service provider, subcontractor and/or agent on such terms as it may deem appropriate and as permitted under relevant laws and regulations.
       • Entire agreement. This Agreement including the documents incorporated herein by reference constitute the entire agreement with respect to the use of the Growcoins Wallet and supersedes all prior or contemporaneous understandings regarding such matter.

   Last update: 14 March 2024