Welcome to Kplus. Before you complete the registration for a Kplus account, it's important to review and understand the TERMS AND CONDITIONS (T&Cs) outlined below. These T&Cs will govern the terms under which you may access and use of the Kplus App's products and related services. By signing up for Kplus, you acknowledge and consent to abide by these terms, thereby entering into a legal agreement as per these T&Cs.


Before utilizing any part of the Kplus Service, please ensure you also have read and understood the Kplus Privacy Policy and the Acceptable Use Policy. The Privacy Policy outlines the methods of personal data collection and processing, use, sharing, security, retention, disclosure, and disposal within the Kplus Service, while the Acceptable Use Policy specifies the guidelines for proper use of the Kplus App. If the terms and conditions (T&Cs), Privacy Policy, or Acceptable Use Policy are unclear or unacceptable to you, please refrain from accessing or using the Kplus Service. By proceeding with the service, you acknowledge your comprehensive understanding and agreement to abide by the regulations governing the Kplus Services you are availing.


These T&Cs become effective and binding from the moment of your agreement and remain in force until termination by either you or us, except for certain provisions which shall remain effective post-termination as detailed herein, or as required by any law, rule, or regulation.


Kplus reserves the right to modify these T&Cs at any time without prior notice. Amendments become effective immediately upon their posting here, noted with an updated effective date. Significant changes, defined as those that substantially modify your use of the Kplus App or are necessitated by regulatory or legal requirements, will be communicated to you with 60 days' notice, or as dictated by applicable laws, before implementation. Your continued use of the Kplus Service after such modifications constitutes your acceptance of the revised T&Cs and any associated changes. Regularly review this page to stay informed about the latest terms.


Under these T&C, the terms “Kplus”, “Kplus App’ “we”, “us”, and “our” refer to Kplus together with FDS ASYA PHILIPPINES INC. (FDSAP), its employees, directors, affiliates, successors, and assigns. FDSAP is a Filipino IT company, electronic money issuer, operator of payment systems, and virtual asset service provider, duly licensed by the Bangko Sentral ng Pilipinas (BSP). The terms “you” and “your” refer to users of the Service, as Account Holders, Senders, Recipients, and other applicable users of the Service.


1. BASIC TERMS
    1.1. By accepting the T&Cs, you must be at least 18 years old to register for a Kplus account. By registering, you represent and warrant that you are at least eighteen (18) years of age and have the legal capacity to agree with these Terms.
    1.2. Kplus assumes no responsibility or liability for any misrepresentation of your age.
    1.3. You can access and link your Kplus Account to a maximum of 1 mobile device.

2. REGISTRATION FOR KPLUS WALLET
    2.1. By agreeing to these Terms and Conditions (T&Cs), you initiate the setup of your Kplus Wallet, where your registered mobile number will be your account number and will be used for cash-in and cash-out transactions.
    2.2. You allow Kplus to collect and process your information from the Institution you are associated with, such as your full name, current and/or permanent address, date and place of birth, nationality, source of income, employment details, and identification card to meet the Know-Your-Customer (KYC) standards set by the BSP. The KYC verification process is conducted by the PARTNER FINANCIAL INSTITUTION ("KYC Provider"). This KYC Provider is a PARTNER INSTITUTION with our company We might use a third-party verification service to check the information you provide, if necessary. Occasionally, we may request additional information from you to help verify your identity.
    2.3. You agree to providing all required information and to assist and cooperate with us as needed for verification purposes. The information you provide helps us determine your eligibility to initiate or continue using your Kplus Wallet. Should we encounter difficulties obtaining or verifying your information, we reserve the right to close, suspend, or restrict access to your Kplus Wallet. We will process your personal data in accordance with the requirements of the Data Privacy Act of 2012, its implementing rules and regulations, and the issuances of the National Privacy Commission (NPC). The collection and use of your personal data are governed by Kplus' Privacy Policy.
    2.4. It is your responsibility to ensure the information you provide during registration is accurate and up to date. You must inform the Institution you are associated with or us of any changes. Additionally, access to certain Kplus Services may be limited or offered on a selective or promotional basis, requiring you to provide extra information to access or use these services.

3. DEFINITION OF TERMS
    Definitions appearing in these T&Cs shall have the meanings ascribed to them below.
    “Biller” shall refer to utility company and the like, accredited by Kplus to accept bills payment using Kplus.
    “Cash-In” shall refer to the process of exchanging physical cash to Kplus Wallet.
    “Cash-Out” shall refer to the process of exchanging Kplus Wallet to physical cash.
    “Know Your Customer” or “KYC” shall refer to the process of establishing the identity of the Kplus user as required by the BSP, also known as Customer Verification.
    “Kplus” shall refer to a form of electronic money which allows customers who registered to Kplus Service to easily and conveniently send and receive cash as well as make payments electronically.
    “Kplus App” shall refer to the Kplus Service application running on mobile devices where the Kplus user can avail of the Kplus Service or make use of the Kplus Wallet.
    “Kplus User” shall refer to a person who registers for Kplus Service.
    “Kplus Wallet” shall refer to e-money instrument that stores Philippine Peso (Php) value which resides in the Kplus system. Functionalities include, but are not limited to, transfer of funds, payments of goods and services, over-the-air reload of airtime, and balance inquiry.
    “Mobile Personal Identification Number” or “MPIN” shall refer to the four (4)-digit security personal identification number of, and nominated by, the Kplus User that is used for all Kplus transactions.
    "One Time Pin" or "OTP" shall refer to an automatically generated sequence of numeric or alphanumeric characters. This sequence is sent to the user's registered mobile number to authenticate specific transactions or login attempts.
    “Personal QR” shall refer to a specific QR code associated with the Kplus account that allows Send Money transactions.
    “Short Message Service” or “SMS” shall mean a communications protocol allowing the interchange of short text messages between mobile telephone devices.
    “Unstructured Supplementary Service Data” or “USSD” shall mean the protocol used by telecommunications companies to communicate with the service provider’s computers.
    “Unauthorized Transaction” shall mean when an account is compromised without providing any confidential information (answers to security questions, MPIN, and/or OTP) that may lead to the access of a User’s account.

4. ACCOUNT SECURITY
    4.1. It is imperative that you maintain the confidentiality and security of your MPIN, OTP, Kplus account number and any other information related to your Kplus Account at all times. These details must not be shared with anyone. The responsibility for safeguarding your Kplus Wallet including the Kplus account number and your MPIN, rests solely with you. You will be deemed accountable for any transactions conducted using your Kplus Wallet, as such activities are considered to have been authorized by you.
    4.2. You accept sole responsibility for all activities carried out through your Kplus Account. It is acknowledged that only you have knowledge of your MPIN, and therefore, any transaction executed with your MPIN and/or OTP will be assumed to have been conducted by you.
    4.3. You consent to Kplus acting on instructions provided via the Kplus App upon the entry of your MPIN or biometric verification, at its own discretion. You agree to absolve Kplus of any claims related to the use of your MPIN or OTP, except in instances of Kplus’s gross negligence.
    4.4. Ensuring the security and proper handling of your Kplus Account, Kplus account number, and keeping your MPIN and OTP confidential is your exclusive obligation.
    4.5. Should you lose your mobile phone or SIM it is crucial to notify Kplus immediately by calling the Kplus hotline as soon as the loss is discovered. You acknowledge that Kplus will temporarily disable your Kplus Wallet until you request reactivation. You remain responsible for all transactions completed through your Kplus App and Wallet, before reporting the loss. Kplus will be indemnified by you against any claims resulting from the loss of your mobile phone or SIM.

5. Kplus App

The Kplus App is a reloadable e-money instrument. It is not a deposit account, and not covered by the Philippine Deposit Insurance Corporation (PDIC). It does not earn interest and other similar incentives convertible to cash that may be construed as earning of 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 and its Implementing Rules and Regulations. The value loaded in your Kplus Wallet may be used to pay bills and buy airtime load through the Kplus App. The value loaded in your account shall only be issued and redeemed at face value.

6. Disclosure of Partner Financial Institutions
    6.1 Partner Financial Institutions

    The Kplus app collaborates with a range of financial institutions, including rural banks, microfinance institutions, and cooperatives (collectively referred to as "Partner Institutions"). These Partner Institutions play a crucial role in the pre-onboarding process of Users, particularly institutions that implemented the Kplus app but do not have yet a core financial system, and the provision of various financial services through the Kplus app.


    6.2 Pre-Onboarding of Users

    As part of the Kplus app's services, Users may undergo a pre-onboarding process facilitated by our Partner Institutions. This process involves the collection, verification, and validation of client information by authorized representatives of the Partner Institutions. The pre-onboarding process ensures that Users are properly registered and authorized to use the Kplus app.


    6.3 Roles and Responsibilities of Partner Institutions

    • Information Collection: Partner Institutions are responsible for collecting necessary client information during the pre-onboarding process. This may include personal identification details, financial information, and other relevant data as required by regulatory standards and Kplus app policies.
    • Verification and Validation: Authorized representatives from Partner Institutions (makers and checkers) will verify and validate the collected client information. This step ensures the accuracy and authenticity of the data before it is accepted by the Kplus app.
    • Data Security: Partner Institutions are required to adhere to strict data security protocols to protect User information. This includes implementing measures to prevent unauthorized access, disclosure, or misuse of client data.

     6.4 Disclosure of Partner Status

    By using the Kplus app, Kplus user acknowledge and agree that:

    • Identification of Partners: The names of Partner Institutions involved in the pre-onboarding process will be disclosed to Users during the registration process. This transparency ensures that Users are aware of the institutions handling their information.
    • Consent to Sharing Information: Users’ consent to their information being shared with and processed by Partner Institutions as part of the pre-onboarding and ongoing service provision processes. This sharing is conducted in compliance with applicable data protection laws and Kplus app's privacy policies.
    • Collaborative Service Provision: Partner Institutions and Kplus app jointly provide services to Users. This collaboration may involve sharing necessary User’s data to facilitate seamless service delivery and compliance with regulatory requirements.

    6.5 Regulatory Compliance

    Kplus app and its Partner Institutions comply with all applicable laws and regulations governing financial services and data protection. This includes, but is not limited to, regulations set forth by the Bangko Sentral ng Pilipinas (BSP) and other relevant regulatory bodies. Users can be assured that their information is handled in accordance with the highest standards of legal and regulatory compliance.


    6.6 Changes to Partner Institutions

    Kplus app reserves the right to add, remove, or change Partner Institutions as deemed necessary for operational or strategic reasons. Users will be notified of any significant changes to Partner Institutions that may affect their use of the Kplus app.



7. CASH-IN AND CASH-OUT

You may Cash-In Philippine Peso value into your Kplus Wallet through the Kplus agent where you may personally hand over Philippine Peso cash (bills/coins) to the accredited agent for the amount to be Cashed-In to your Kplus Wallet.

You may Cash-Out your Kplus to Philippine Peso through the Kplus agent, based on minimum and maximum cash-out amounts as may be imposed by Kplus.


8. SEND MONEY FEATURES

You can send or transfer money from your Kplus wallet to another Kplus account (on-us fund transfer) through the following features:

Fund Transfer is a send money feature that allows verified users to send money to another Kplus user.

Personal QR function serves as an alternative method within the Fund Transfer feature. Rather than entering an account detail, you have the option to scan or upload a Personal QR code.


9. BILLS PAYMENT

Bill payments can be made without requiring a physical receipt from the biller. Kplus will partner with billers to enable payments through the "Bills Payment" option. In this process, you select the biller, enter the payment details and amount, and are then taken to a summary page for confirmation of the payment details.

Logging into your Kplus Account with your MPIN is considered valid authorization of any payment transactions. The transaction reference number provided in the SMS/E-receipt serves as your proof of payment to the biller.

Should an erroneous transaction occur, it will be considered successful and non-refundable if, upon Kplus’ review, the error is found to be the users’ fault (such as incorrect entry of recipient details or choosing the wrong biller). The findings of Kplus’ investigation are deemed final.


10. AIRTIME LOAD

Loading of airtime credits and/or payment of goods and services to Kplus Accredited Merchants using funds from a Kplus Wallet shall be available via menu-based transactions.

Once the Kplus User keys-in his/her MPIN, it shall be sufficient evidence that the Kplus User authorized the transaction and therefore, cannot be disputed by the Kplus User. The Transaction Reference Number in the SMS/ Text message confirmation shall be the Kplus Users’ proof of payment.


11. TRANSACTION AND WALLET LIMIT

Transaction and Wallet balance limit may be assigned or changed by Kplus, at its option pursuant to applicable laws, subject to fifteen (15) days prior notice to the Kplus Customers. Limits are applied not on a per wallet basis but on a per User basis.

    Kplus may:
    a. Decline further transactions or halt Kplus Services once Limits are reached;
    b. Impose an over-limit fee on the User if the Limits are approached or surpassed during a specific month or timeframe as set by Kplus. This fee could be charged for each transaction that exceeds the Limits and will be automatically taken from the User's Kplus Wallet; and/or
    c. Increase or decrease the Limits.

12. ACTIVATION AND DE-ACTIVATION OF Kplus WALLET

Kplus reserves the right to enable or disable features of the Kplus Wallet at its discretion. Should a user request reactivation, it may be granted with Kplus’ approval.

A user is permitted to register only one (1) Kplus Account under their name.

Kplus or FDSAP will not be held accountable for any inconvenience or harm suffered by the user due to unauthorized wallet use, except in instances where such unauthorized use results from Kplus gross negligence.


13. LOYALTY / REWARDS PROGRAM

Kplus, at its sole option, shall have the option to run a Loyalty / Rewards Program on the use of Kplus. The Kplus user’s right and obligations in the Loyalty / Rewards Program shall be covered by separate Terms and Conditions specific to the Loyalty / Rewards Program.


14. FEES, RATES AND OTHER CHARGES

Users agree to cover any additional fees and charges associated with their Kplus Wallet, including but not limited to cash-in and cash-out fees. You will be informed about these fees and charges before you finalize a transaction, and they will either be deducted directly from your Kplus Wallet or paid upfront by you. By using the Kplus services, you give Kplus permission to deduct these fees and charges from your Kplus Wallet for the services you use.

Kplus may also impose a dormancy maintenance fee ("Dormancy Fee") on Kplus Wallets that have not engaged in any monetary transactions for at least (6) months from the date of the last transaction, provided there is a remaining balance in the Wallet. Kplus will notify users 30 days prior to commencement of the dormancy period and another 30 day notification before applying a Dormancy Fee, which will then be automatically deducted from the Kplus Wallet.

Kplus Wallets that maintain a zero balance and remain inactive for six (6) months, Kplus will consider the account dormant and may restrict its functions and apply a monthly dormancy fee of 1% of the current balance, at a maximum of PhP 30.00, in such amounts as may be fixed by Kplus. The account holder can reactivate the dormant account by completing and passing Kplus' KYC process through calling the customer service hotline.

In the event of dormancy, accumulated fees may deplete the account balance to zero. Kplus then has the option to close or purge the account, following applicable laws, rules, and regulations.


15. SENDING OR VIEWING OF ACCOUNT / TRANSACTION HISTORY STATEMENT

At the request of a Kplus user, Kplus will forward a copy of the Account/Transaction History statement to the customer, either through email or another applicable method. The act of Kplus dispatching the Account/Transaction History statement in the manner and to the address specified by the customer will be taken as definitive proof of the customer's receipt. Kplus will not bear any responsibility if the Account/Transaction History statement is accessed by someone other than the intended Kplus customer. Furthermore, the customer cannot claim not to have received the Account/Transaction History statement. Users may always reach out to the Kplus Hotline for inquiries regarding their Account/Transaction History statement. Kplus reserves the right to impose a standard fee for each Account/Transaction History Statement request.

Users can also opt to view their transaction history, which showcases all successful transactions for chosen dates, obtain an E-statement that outlines the most recent one hundred transactions over the past ninety (90) days, and view a mini statement, presenting a concise record of the latest ten (10) transactions.


16. DISPUTES AND ERRONEOUS TRANSACTIONS

The details in the SMS/Text confirmation message after every transaction and/or the entries in the Account/ Transaction History statement are presumed true and correct unless Kplus User notifies Kplus in writing of any disputes thereon within fifteen (15) days from the date of transaction. If no dispute is reported within the said period, all transactions and the entries in the Account/ Transaction History statement are considered conclusively true and correct. Disputed transactions shall only be credited back to Kplus User’s Kplus Wallet once the claim/dispute has been properly processed, investigated, and proven to be in favor of the Kplus User. On the other hand, there shall be no reversals for erroneous transactions made by the Kplus User.


17. PHONE AND KPLUS WALLET SECURITY

The Kplus Customer shall be responsible for the security of the Kplus Wallet, the linked mobile phone of the user and his/her MPIN. All transactions made using the Kplus Wallet are conclusively presumed made by the Kplus user and the Kplus user shall be liable therefor.


18. DEACTIVATION OR CANCELLATION OF THE Kplus WALLET

You acknowledge that Kplus reserves the right to suspend or deactivate your Kplus Account under the following circumstances:

    a. The information and documents you provided to Kplus, including those for KYC purposes, are found to be fictitious, false, or forged.
    b. Your Kplus Account is utilized by someone unauthorized, for fraudulent or suspicious transactions, or for illegal activities.
    c. Misuse of your Kplus Account occurs, including engaging in transactions or purposes not sanctioned by Kplus or these Terms.
    d. Your Kplus Wallet becomes dormant, defined as having no monetary transactions or maintaining a zero balance for five (5) year from the last activity.
    e. Suspension or deactivation is required by a government order, judicial ruling, law, or regulation.
    f. Suspension or deactivation results from failing to adhere to relevant laws or government directives.

Furthermore, you understand that Kplus, at its absolute discretion and for any reason, may:

    a. Decline to process a transaction through Kplus app.
    b. Adjust the transaction limit of your Kplus Wallet.
    c. Amend, modify, or restrict your access to the Kplus App or its services.
    d. Suspend or deactivate your use of the Kplus App or access to Kplus Services.
    e. Kplus also retains the right to withhold funds in your Kplus Wallet if they are under investigation or claim until the issue is resolved.

Should your Kplus Account be deactivated for any reason, and you seek account recovery or reactivation, you agree to meet Kplus’ requirements for such processes. Kplus may, based on the situation and reasons for deactivation, choose to reject or approve these requests.

You agree to absolve the Kplus and FDSAP of any claims related to this section, unless it's proven that such claims resulted from the fault or gross negligence of the Kplus or FDSAP.


19. LIMITS ON LIABILITY

Kplus makes no warranty, express or implied, regarding Kplus Service.

The Kplus Service is offered on an “AS IS”, “AS AVAILABLE” basis without warranties of any kind, other than warranties that are incapable of exclusion, waiver or limitation under the laws applicable to this Agreement. Without limiting the generality of the foregoing, Kplus makes no warranty: (1) as to the content, quality or accuracy of data or information provided by Kplus hereunder or received or transmitted using the Kplus Services; (2) as to any service or product obtained using the Kplus Services; (3) that the Kplus Services will be uninterrupted or error-free; or (4) that any particular result or information will be obtained.

Kplus shall not be liable for any loss, cost, compensation, damage, or liability to you or third party arising from, directly or indirectly, or as a result of any or all of the following:

    a. refusal of Kplus, any bank, financial institution, ATM, or Merchant establishment and the like to allow, accept or honor Kplus;
    b. Kplus is honored by any bank, financial institution, ATM, or Merchant establishment; however, payment transaction is not authorized, for any reason whatsoever;
    c. Kplus User is unable to perform or complete any transaction through the use of enabled mobile phone due to service/ system/ line unavailability;
    d. any delay, interruption or termination of the Kplus transaction whether caused by administrative error, technical, mechanical, electrical or electronic fault or difficulty or any other reason or circumstance beyond Kplus control (including but not limited to acts of God, strike, labor disputes, fire, disturbance, action of government, atmospheric conditions, lightning, interference, or damage by third parties or any change in legislation);
    e. theft or unauthorized use of Kplus Wallet or any loss, costs, damages, or payable to any third party by the Kplus User;
    f. any misrepresentation or fraud by or misconduct of any third party.

20. LIMITATION OF LIABILITY

In the event of any action that the Kplus User may file against Kplus, the Kplus User agrees that Kplus liability shall not exceed ONE THOUSAND PESOS (PHP1,000.00) or the amount of the damages actually suffered by the Kplus User, whichever is lower.


21. FRAUDULENT OR SUSPICIOUS TRANSACTIONS

Kplus reserves the right, without requiring a court order, to suspend, or deactivate your Kplus Account if it suspects that the account is, or might be, involved in fraudulent or suspicious activities, or accessed by someone unauthorized.

Following an investigation into any related claim, Kplus is entitled to withdraw from your Kplus Account any funds associated with, or derived from, fraudulent or illegal activities, to reimburse affected or harmed users.

You agree to absolve the Kplus or FDSAP of any liability stemming from actions taken under this provision, unless it is established that Kplus acted with fault or negligence.


22. NON-TRANSFERABILITY

The Kplus Wallet may not be assigned, transferred, or used by any person other than the User.


23. DATA PRIVACY
    23.1. Data Collection

    Kplus shall keep all Kplus User files in strictest confidence. By providing his/her name, birthday, and customer ID (CID) for the purpose of availing a Kplus Wallet, Kplus User expressly consents to the processing of his/her supplied customer data as well as the data requested from the partner institution, as may be applicable. User Data are either Personal Information or Sensitive Personal Information.


    Personal Information 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. On the other hand, sensitive personal information defined as Personal Information: (i) about an individual’s race, ethnic origin, marital status, age, colour, religious, philosophical or political affiliations, health, education, genes or sexual life, or offences or alleged offences relating to that individual; and (ii) issued by government agencies peculiar to an individual which includes social security numbers, health records, licenses and tax returns. It also includes, but is not limited to, data that would help us verify:


      i. Kplus User’s identity such as name, gender, date of birth, marital status, address, telephone/mobile number, email address, proof of identification, source of income, employment, and other data points whenever applicable;
      ii. the location of Kplus User’s device whenever Kplus User access the Kplus App;
      iii. the navigation experience when accessing the Kplus App to see activities done in the channels, the pages visited, and the sequence thereof; and
      iv. by enabling biometrics login, users allow Kplus to use biometrics data saved in their device for the sole purpose of securing their login in the Kplus App.

    This data shall be stored in Kplus and will not be used for any other purpose.


    23.2.Use of Customer Data

    Without limiting the generality of the foregoing, the Kplus User consents and authorizes Kplus to store, process, disclose, exchange, and release the said information to its associates, affiliates, subsidiaries, officers, employees, agents, lawyers and other consultants, pre-paid/debit/credit bureaus or any such persons as Kplus deems necessary, or as required by law, rule or regulation, including but not limited to:


      i. i.providing Kplus User with Kplus User’s chosen Kplus products and services, including customer support;
      ii. ii.enhancing your customer experience and improve, develop and determine tailored products to meet Kplus User preferences and needs;
      iii. iii.communicating relevant products and/or advisories to Kplus User;
      iv. iv.showing you relevant ads on and off our services and measure the effectiveness and reach of ads and service;
      v. v.abide by any safety, security, public service, or legal requirements and processes;
      vi. vi.processing information for statistical, analytical, and research purposes; and
      vii. vii.Use of biometrics data saved in user’s device for the sole purpose of securing their login in the Kplus App. This data shall be stored in Kplus and will not be used for any other purpose.

24. DATA SHARING

You hereby consent to and authorize Kplus and FDS ASYA PHILIPPINES INC., its subsidiaries and affiliates such and/or its third party partners contracted by Kplus for the purpose of conducting its operations, including but not limited to fraud and risk management, sales and marketing activities, communications relating to their products and/or services, product and system development and innovation, customer experience management and improvement, and market research, to collect and process any and all information related thereto from whatever relevant source.

You hereby consent to and authorize the disclosure of and release by Kplus, FDS ASYA PHILIPPINES INC. and its subsidiaries and affiliates, and third-party partners, of any and all information required by Kplus, FDS ASYA PHILIPPINES INC. and/or its third-party partners such as, but not limited to, the following:

    i. voice calling data records;
    ii. SMS sending and receiving records;
    iii. Data usage records;
    iv. Promo subscription and redemption records;
    v. Customer relationship management records;
    vi. Pre-paid load balance, top up and usage records;
    vii. Credit information;
    viii. KYC data;
    ix. Registration data; and
    x. Transaction data.

The foregoing consents and authorizations shall continue for the duration of, and shall survive the termination of, this Agreement, or any other transactions, dealings, arrangements and accounts which you may have with, or avail from, Kplus.


24. GOVERNING LAW AND VENUE OF LITIGATION

This Agreement shall be construed, interpreted, and governed by Philippine laws. Venue of all suits or legal actions in connection with this Agreement shall exclusively either be at Makati City, or at any venue at the sole discretion of Kplus, to the exclusion of all other venues.


25. NON-WAIVER OF RIGHTS

Failure, omission, or delay on the part of Kplus and/ or FDS Asya Philippines Inc. to exercise its rights or remedies under these Terms and Conditions shall not operate as a waiver.


26. SEPARABILITY CLAUSE

Should any term or condition in this Agreement be rendered void, illegal or unenforceable in any respect under any law, the validity, legality and enforceability of the remaining terms and conditions shall not be affected or impaired thereby.


27. AGREEMENT

You agree to be bound by the Terms and Conditions governing the issuance and use of the Kplus Wallet upon the Kplus User activating or using Kplus. Should the Kplus User disagree with the Terms and Conditions, the Kplus User shall call or provide a written notice of cancellation to Kplus Hotline, otherwise, the Kplus User shall continue to be liable for all charges incurred through the use of the Kplus Wallet.


28. CONSENT

Consent given by the Kplus wallet holder to an affiliate for any of its services/products involving use, processing and/or disclosure of his/her Kplus account information shall be deemed to be consent given to Kplus/FDS Asya Philippines Inc.


29. CUSTOMER COMPLAINTS HANDLING PROCESS

Kplus is committed to maintaining the highest standards of financial consumer protection. Your requests, feedback and customer needs are our priority. If you have any concerns about a procedure or have encountered a problem with our service, send us a Ticket at [email protected].  You may also call our mobile number at 09190986970. All information disclosed shall be treated with utmost confidentiality and will be resolved in the most efficient and effective manner.

Kplus maintains full cooperation with the BSP in Financial Consumer Protection. You may coordinate with BSP’s Financial Consumer Protection Department at (632) 708.7087 or (632) 708.7088). You may also email BSP at [email protected].


30. CUSTOMER PROTECTION PROGRAM

The Kplus Customer Protection Program offers a safeguard, promising the potential reimbursement of funds lost through unauthorized transactions from your Kplus Account, subject to the conditions outlined here.

While it's your duty to secure your Kplus Account, Kplus might compensate for Unauthorized Transactions not caused by your own error or carelessness. An "Unauthorized Transaction" refers to one where your Kplus Account is accessed or used without your permission, without revealing any of your confidential details (such as security question answers, MPIN, or OTP), and not due to your negligence.

Should you suspect an Unauthorized Transaction in your Kplus Account, it's crucial to alert Kplus immediately via email or hotline. Our support team will assist you in starting a dispute process.

For consideration under the Program, Unauthorized Transactions must be reported within fifteen (15) days from when they happened or were noticed, whichever comes first. Claims reported after this period may not be accepted by Kplus.

To proceed with the investigation and claim process, Kplus may request specific information and documents, including:

Following the receipt of a fully completed dispute form and all required details, Kplus will investigate to ascertain the validity of your claim.

The Program covers only Unauthorized Transactions that are both initiated and executed through the Kplus App.

In instances of stolen mobile devices, you must report the theft to Kplus via email or Hotline and request that your Kplus Account be blocked within 24 hours of the event or its discovery, whichever is earlier.

Compensation for losses due to security lapses or system failures not resulting from user negligence will be determined on an individual basis, taking into account the specific circumstances leading to the breach or failure, at Kplus’ discretion. You acknowledge responsibility for any losses stemming from breaches or failures caused by your negligence.


31. SCOPE OF THE CUSTOMER PROTECT PROGRAM

Following an investigation, Kplus may offer compensation for any Unauthorized Transactions if found to be caused by Kplus’ own errors or negligence.

However, the Program does not cover:

    a. Unauthorized Transactions reported after the 15-day deadline;
    b. Cases of account takeover where the User has shared security details like one-time PINs or MPINs;
    c. Instances of fraud initiated by the User;
    d. Security breaches in systems not operated or managed by Kplus;
    e. Users who have not adhered to Kplus’ identity verification requirements;
    f. Situations where the User's own fault or negligence led to an Unauthorized Transaction;
    g. Instances where the User declined to have their Kplus Account blocked after losing their mobile phone or discovering unauthorized access or usage of their Kplus Account.


ACCEPTABLE USE POLICY
1.THE Kplus SERVICES

You agree to NOT:

    1.1. refrain from incorporating into your name, message ID, or custom user title any language that is defamatory, obscene, profane, fictitious, or infringes on any third-party intellectual property rights, including Kplus. Also, avoid using any trademarks, trade names, service marks, or logos in a manner that could confuse others about the ownership or authorized usage of such marks, names, or logos.
    1.2. do not alter or modify Kplus Services, and avoid using them for commercial purposes without Kplus’ express written consent.
    1.3. Avoid using any automated tools or manual processes to access, copy, or monitor any part of Kplus Services in a way that bypasses the navigational structure or presentation, or to acquire any materials or information not intentionally made available through the services.
    1.4. Do not access parts of the Kplus Services unauthorizedly, or connect to systems or networks related to the services. Do not collect information about others without their consent, nor inhibit others' use of Kplus Services through actions like stalking or spamming.
    1.5. Do not bypass or tamper with security features of Kplus Services that protect content or enforce usage limits.
    1.6. Avoid probing or testing the vulnerability of Kplus Services or any connected network, or circumventing any security or authentication measures. Do not attempt to trace any user's information to reveal any information other than your own.
    1.7. Use Kplus Services for your personal and informational purposes as intended, and refrain from copying or downloading content unless explicitly permitted by Kplus through functionalities like a “download” button.
    1.8. Do not overload Kplus Services’ infrastructure or connected networks and systems with unreasonable data demands.
    1.9. Avoid using any device or tactic to interfere with the functioning of Kplus Services or any transactions conducted on it, or with another person's use of the services.
    1.10. Do not use Kplus Services for illegal, unlawful purposes, or to encourage illegal activities or activities that infringe on the rights of Kplus or others. Do not modify, rent, lease, loan, sell, distribute, or create derivatives from content available on Kplus Services without proper authorization.
    1.11. Do not assign or transfer your Kplus account to anyone else.

2.Kplus USER CONTENT

You agree:

    2.1. to undertake the sole responsibility and hold Kplus free of liability to you or to any third party, for any User Content that you create, upload, transmit, or display while using the Services. You agree and hereby undertake sole responsibility for the consequences of your actions and interactions using the Kplus Services, and hereby stipulate admission of liability to Kplus for whatever loss or damage Kplus may suffer as a consequence of your use or misuse of the Kplus Services;
    2.2. not to share, create, upload, transmit or display using the Kplus Services any material, information, or User Content which is or may be covered by copyright, patent, trade secret, trademark, trade name, service mark or any property rights, including privacy and/or publicity rights, unless you have the necessary licenses, rights, consents, and permissions to use and to authorize Kplus to use any and/or all User Content that you create, upload, transmit, or display using the Kplus Services;
    2.3. not to use fictitious name and concealing true name for the purpose of concealing crime, evading the execution of a judgment or causing damage;
    2.4. not to share, create, upload, transmit or display using the Services any material, information, or User Content which: infringes on the intellectual property, privacy, and/or publicity rights of any third party; is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, indecent, pornographic, profane, threatening, racist, gruesome, offensive to public morals, invasive of another’s privacy, or otherwise violative of any rule, regulation, or law; contains any viruses, Trojan horses, worms, time bombs, bots, ransomware, any malware, or any computer program, code, or routine that may or is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and/or that which promotes or abets piracy. You further agree not to engage in pyramid, ponzi or similar schemes or other damaging schemes in the future; not to start or forward chain letters; and not to conduct or aid in the conduct of surveys, contests, petitions, and the like, using the Services, unless the Services has been specifically designed and explicitly made available for such purpose;
    2.5. where relevant, to store your password on the device and our servers in an encrypted form. This form of encryption disguises your password on the server, but still allows us to authenticate you when you sign into the Kplus Services. You represent and warrant that:
    2.6. 2.6you own or that you have the necessary licenses, rights, consents, and permissions to use and to authorize Kplus to use, reproduce, adapt, modify, translate, publish, publicly perform, publicly display, distribute, or transmit over public networks and in various media any and/or all User Content that you create, upload, transmit, or display using the Kplus Services, as you hereby authorize and grant Kplus perpetual, irrevocable, worldwide, royalty-free and non-exclusive right, license, consent and permission to use, reproduce, adapt, modify, translate, publish, publicly perform, publicly display, distribute, or transmit over public networks and in various media any and/or all User Content which you may create, upload, transmit, or display using the Kplus Services, in a manner Kplus may deem fit and necessary, including but not limited to making such User Content available to a third party in compliance with a requirement of law, a rule or regulation, or making such User Content available to any third party, including Kplus affiliates and subsidiaries, for its use, reproduction, adaptation, modification, translation, publication, public performance, public display, distribution or transmission. You agree to hold Kplus free from any liability, both under equity and the law, arising or that may arise out of its use of your User Content or the use of your User Content by a third party to which Kplus made available your User Content.
    2.7. You shall comply with the applicable provisions of RA 9160, otherwise known as the Anti-Money Laundering Act (AMLA), as amended by RA9194, RA10167, RA10365, RA10928, and RA11521 and its implementing guidelines & RIRRs (Revised Implementing Rules & Regulations). Compliance with RA10168 or The Terrorism Financing Prevention and Suppression Act of 2012 and RA 11479 or the Anti-Terrorism Act of 2020 and RA9372 or the Human Security Act and their respective implementing guidelines is also enjoined and strictly required.

3.THIRD PARTY CONTENT & SERVICES
    3.1. Kplus Services include content from third-party services and resources. You recognize and agree that we bear no responsibility for the availability, accuracy, suitability, completeness, or compliance of these Third-Party Services, nor for the content, products, or services they offer. Our provision of Third-Party Services does not imply our endorsement of them or their content, products, or services, unless we explicitly state otherwise.
    3.2. You are prohibited from modifying, removing, or concealing any copyright, trademark, service mark, or other proprietary notices included in or alongside the application and services, or within any Third-Party Services.
    3.3. Kplus does not endorse or make any warranties concerning any service, content, or other resources provided by Third Parties.

4.RESERVED RIGHTS

We reserve, at our sole discretion but without obligation, the right to:

    4.1. Kplus reserves the right to restrict access to or permanently discontinue the Kplus Services or any part thereof for any user at any moment, without stating a reason or providing prior notice. By accepting these terms, you unconditionally acknowledge and agree to release Kplus from any liability, whether legal or equitable, that may result from such restrictions or discontinuation of services.
    4.2. Kplus may at any time review, screen, flag, filter, adjust, block, deny, or delete any information provided by users, either directly or indirectly, to the Kplus Services. This includes, but is not limited to, details like hardware specs, IP addresses, types of browsers used, cookies, and similar data. By using these services, you irrevocably consent to absolve Kplus of any responsibility, in law or fairness, arising from any such actions regarding user-provided information.
    4.3. Kplus continuously seeks to enhance, refine, develop, and add new capabilities and features to the Kplus Services without any prior announcement. You acknowledge, consent, and confirm that any updates, improvements, developments, or new additions to the Kplus Services will become part of the services as described in these Terms, and will be subject to future modifications or amendments to these Terms, as deemed necessary, verify, check, cross-refer, validate, and ascertain the veracity and truthfulness of all information supplied by you by acquiring, accessing, retrieving, or otherwise acquiring similar or additional information supplied by you to other third-party service providers, including, but not limited to telecommunications providers, etc. You hereby expressly, unequivocally, and voluntarily allow Kplus to request for and secure such information, and expressly, unequivocally, and voluntarily instruct such third-party providers to: (a) receive and process Kplus’s request; (b) favorably act at all times on any such request by producing the information requested; and (c) when requested by Kplus, provide the latter with certified digital or printed copies of the said information;
    4.4. verify, check, cross-refer, validate, and ascertain the veracity and truthfulness of all information supplied by you by acquiring, accessing, retrieving, or otherwise acquiring similar or additional information supplied by you to other third-party service providers, including, but not limited to telecommunications providers, etc. You hereby expressly, unequivocally, and voluntarily allow Kplus to request for and secure such information, and expressly, unequivocally, and voluntarily instruct such third-party providers to (a) receive and process Kplus’ request; (b) favorably act at all times on any such request by producing the information requested; and (c) when requested by Kplus, provide the latter with certified digital or printed copies of the said information;
    4.5. send you or cause to send you service updates and/or messages, including SMS, notifications, email, and/or any data message transmission, informing you of enhancements, improvements, developments, features, functionalities, products, promotions, offers, advertisement and/or any other information relative to the Kplus Service. Kplus makes no warranty of any kind, express or implied, for such service updates and/or messages, but you hereby agree to receive such service updates and/or messages and hold Kplus Group free and harmless from any Claims for indemnification or damages that may arise therefrom;
    4.6. set limitations to and charge fees and applicable taxes for the use of the Kplus Services, at any time and with prior notice when so required. You further understand and agree that Kplus reserves the right, at its sole discretion and under no obligation, to change the applicable fees, taxes, and charges levied for the use of the Kplus Services, at any time and with prior written notice to you thirty (30) days prior to the effective date of change in fees/charges/penalties;
    4.7. to limit the provision, availability, quantity, and quality of any feature, product, or service to any person or to anyone within the same geographic area, demographic profile, or any other market, commercial, and/or trading segments. You likewise understand and agree that Kplus reserves the right, at its sole discretion but without obligation, to administer and operate any and/or all of the Kplus Services from any or various locations outside the Republic of the Philippines. You hereby understand, agree, and undertake sole responsibility for your continued access to or use of the Kplus Services, as well as the results or consequences of such access and use, including the responsibility for compliance with applicable local laws and the sole liability for non-compliance or breach thereof.



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