Terms and Conditions
General
These Terms and Conditions (“T&C”) govern the terms under which you may access and use the products of MarCoPay Inc. (“MCP”), its website and Application (as applicable) and the services associated with it (together the “System or App”). By accessing, registering or using the System or App, you agree to be bound by the terms of this T&C. Please read these T&C prior to completing the registration for an account with MCP.
Please also read the Privacy Policy and the Acceptable Use Policy of MCP before you use any portion of the System or App. The Privacy Policy describes how your personal data is collected and processed when you use the System or App. The Acceptable Use Policy defines the set of rules that you should comply with when using the System or App. If you do not understand or do not wish to be bound by these T&C,  Privacy Policy, or Acceptable Use Policy you should not access or use any portion of the System or App
Under these T&C, the terms “MarCoPay”, “MCP”, “we”, “us”, and “our” refer to MarCoPay Inc. together with its employees, directors, affiliates, successors and assigns. MCP is a Philippine corporation duly registered and licensed with the Bangko Sentral ng Pilipinas (“BSP”).
The terms “you” and “your” refer to users of the System or App, as Senders, Account Holders, Recipients, and other users
These T&C shall be effective, valid and binding from the time that you agreed to it and will exist up to the time that it is terminated by you or us, save for provisions which shall remain effective after termination, as stated in these T&C, laws, rules or regulations
MarCoPay reserves the right to modify these T&Cs at any time without any advance notice. Changes shall be communicated on the MCP website and will be effective on the effective date indicated therein. It is your responsibility to regularly check for changes, however MCP will provide notices when necessary. By accessing or using the System or App after any changes have been made, you signify your agreement to the changes in these T&C.
These T&C may be provided in a language other than English. In case of conflict, the English language version shall be the controlling version.
Definitions
Account – refers to an account registered in MCP that stores United States Dollars (USD) and Philippine Peso (PHP) value in the System which may be linked to the User’s mobile phone
Account Holder – refers to the principal account holder or individual who uses the System or App and whose name appears on the online form, or signed enrolment form or application form, as may be applicable.
Affiliate - refers to any individuals or entities that are associated with MCP's service platform
Applicant – individual applying for registration with the System or App.
Business Purpose - refers to legitimate business purpose 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. 
Credit Information Corporation – refers to the government-owned and controlled corporation tasked with the collection of credit information, pursuant to Republic Act No. 9501 or the Credit Information System Act
Dormant Account – refers to an account with no incoming or outgoing transactions for a certain amount of time.
E-money – is used by the System or App, with a fixed equivalent rate of 1 unit to 1 US Dollar or 1 PH Peso
Force Majeure – refers to events beyond the control of MCP, including but not limited to acts of God such as earthquakes, floods, typhoons, fire, or epidemics, war, rebellion, insurgency, riots, invasion, strike, lockouts, labor disputes, other forms of work stoppage, interference or damage by third parties, government restriction, any relevant change in legislation, or order of a competent court
Fraudulent Transaction – “Fraudulent transaction” or “fraudulent activity” refers an unauthorised transaction/usage on the System or App. This may include accounts/devices that are lost, stolen, overtaken or fraudulent as decided by MCP. This is not the same as a dispute with a Merchant/another User, which refers to any transaction where the Merchant and the Customer disagree on an issue, such as the wrong item or dispute about the price.
KYC – refers to “Know Your Customer” and the process of a business identifying and verifying the identity of its customers. 
MCP – refers to MarCoPay Inc., a non-bank Electronic Money Issuer institution regulated by the Bangko Sentral ng Pilipinas with Institution Code 53-0017-00-000.
Merchant – refers to a business establishment accredited by MCP to accept payments for the purchase of goods and services using the System or App. It shall also refer to its stockholders, officers, managers, employees and agents.
Message – refers to communication message sent through e-mail.
PIN – refers to a Personal Identification Number 
Recipient – refers to a person to whom E-money is paid or credited through MCP’s remittance service.
Sender – refers to a person who sends E-money using MCP’s remittance service.
Subsidiary - refers to any company that may be established or acquired by MCP in the future to enhance MCP's services (may also be referred to as an “Affiliate Company”)
System or App – refers to the MarCoPay service website and mobile application that serves as the interface between the User and his Account, which terms of conditions shall be in accordance with the Terms of Service and User’s Guide found in the said System or App 
Transaction – refers to any and all acts that the User does to its MarCoPay Account to avail of the Services that MCP offers. 
Transaction Amount – refers to the sum of money which an Account Holder uses in order to effect the Transaction.
Transaction Request – refers to the request of an Account Holder to effect any service or Transaction in his/her System or App account.
User - refers to an individual who uses the MarCoPay service (System) and whose name appears on the online form, or signed enrolment form or application form, as may be applicable.
General Terms of Service
To open an account, the Applicant must be over 18 years of age for adults. Minors age 7 to 17 that would like to open an account, will require consent from their parents
By registering your citizenship as a non-US citizen, you agree to the statement that “I am not a U.S. person and my personal information does not contain any U.S. indicia”.  
After submission of the application, the Applicant will receive a One-Time Passcode through their registered e-mail address. Applicants are to submit personal information including valid government-issued IDs for personal identity verification, as well as relevant bank account information
Completed applications will be screened by MCP to confirm the details of the Applicants. Accounts will be opened for successful Applicants.
Users must agree to MCP’s Terms and Conditions and Privacy Policy before applying for the service
Failure to meet any of the above requirements will result in the denial of the submitted application.
A User can be the Account Holder of only one (1) account
MarCoPay reserves the right to require the Account Holder to submit additional documents, and to require the Account Holder to update his/her information and submission from time to time.
MarCoPay reserves the right to perform other actions as it may deem necessary, such as but not limited to reporting the Account Holder’s information and details to relevant government authorities
Failure of the Account Holder to timely provide any required information and/or documents shall entitle MCP to deny access to the System or App.
Usage Purpose
Usage of MCP’s service and accounts are for Personal usage only, subject to the conditions of the Acceptable Use Policy
The System or App is not a depository or savings banking account. The System or App account does not earn any interest, and the account balance is not covered by the Philippine Deposit Insurance Corporation (“PDIC”). The System or App account balance can be exchanged at face value, based on a fixed equivalent rate of 1 Unit to 1 US Dollar or 1 PH Peso.
Usage of System or App must adhere to the above Usage Purpose. Any usage outside of the intended purposes, whether intentional or unintentional, will result in the suspension of service by MCP to conduct a full investigation. Unintended misuse of the System or App will result in fines or temporary suspension of service, whilst intentional misuse will result in fines and termination of service.
Damages and liabilities resulting from misuse of the System or App outside the intended usage purpose will be solely the Account Holder’s responsibility.
Transaction Fees and Rules
Transaction Fees. The User agrees to pay transaction fees inclusive of tax, where applicable. All fees are non-refundable. MCP reserves the right to charge a membership fee or annual fee, at a later date.
The System or App will be in US Dollar or PH Peso face-value. Account Holders may, cash-out, or remit the currency in USD or PHP through prescribed channels, subject to applicable charges. 
Transaction and Wallet Limit. A User's monthly maximum transaction and wallet limit may be assigned by MCP and is based on the financial situation of the Users upon confirmation by MCP in accordance with the EMI license requirement. Within the maximum limit, MCP reserves the right to change the monthly transaction and wallet limit of users with prior notice and subject to prior written approval by the BSP.
Transactions may only be completed with Account Holder/User Authorization, either by PIN, and a confirmation notice via the System or App will be sent to the User at the completion of each Transaction listing out the transaction details (i.e. Sender details, Receiver details, Transaction Amount, Transaction Date and Time). As such, MCP automatically assumes that all Transactions completed are true and correct.
Notices on the System or App will be provided at the completion of each Transaction. This confirmation will be sufficient evidence that the System or App User authorized the Transaction and cannot be disputed. The Transaction Reference Number provided in the confirmation will be the proof of payment.
Users may check the balance on the System or App account balance screen. Delays in balance update may be possible due to the system or App connection and processing speeds of the Transaction.
In the case of doubtful usage and non-receipt of payments and Transfers, Account Holders/Users must notify MCP at least 15 days from the Transaction date. The Transaction in dispute will be investigated, and the amount will be credited back to User's account after investigation proving in the Account Holder/User's favour.
For transaction disputes between Users the matter shall be resolved between the parties and without any involvement of MCP
MarCoPay shall not be obligated to intervene in the resolution of any Transaction dispute between its customers and accredited merchants. 
Cash-out
A User may withdraw from his/her System or App Account in the local currency via Bank ATMs (Limited to ATMs with Cirrus/VISAPLUS Mark displayed) and Cash Card (Limited to Cards with Cirrus/VISAPLUS Mark displayed).
The User is responsible for any Transaction fees related to cash withdrawal such as ATM fees and wire transfer fees charged in accordance with the Bank providing the facility, unless otherwise specified by MCP.
Cash-out via other partner channels such as pawnshops and other licensed remittance agents.
The usage of all features of the System or App assumes that internet connectivity is available. Where internet connection is unavailable, certain features and functionalities will not be available.
Remittance
A User may make transfer remittances of E-money to other Account Holders/Users registered within the Account Holder/User directory, by registering the recipient UserID in order to register onto the directory list.
User-to-User transfers can only be conducted by Users who have cleared MCP’s KYC requirements.
Remittances to other e-money wallets regulated by the BSP are also available through MCP’s partner payment channels. MCP e-money may be transferred to a GCash, Paymaya, or Grab Pay wallet.
The User is responsible for any transfer fees related to the transfers, unless otherwise specified by MCP.
The usage of all features of the System or App assumes that internet connectivity is available. Where internet connection is unavailable, certain features and functionalities will not be available, and the Account Holder/User will not be able to conduct the transfer.
A User may make transfer remittances via MCP’s remittance partners such as payment providers and pawnshops subject to transfer fees.
Receiving Salaries
To receive salary, the User must board the vessel having pre-registered for the boarding of vessel and set the device to Boarding Mode. Boarding Mode is a mode wherein seafarer’s contract with ship management company is registered in the System and the information between the ship management company and the seafarer is linked.
Payment by verified users may only be conducted by Account Holders/Users who have passed MCP’s KYC requirements
The usage of the purchase payment service assumes that internet connectivity is available. Where internet connection is unavailable, this feature and functionality will not be available.
Dormant Accounts
Dormant Accounts may be suspended by MCP. A Dormant Account is an account with no outgoing transactions for a continuous period of more than 12 months. In order to reactivate a Dormant Account, the User must submit updated KYC information to MCP. Account reactivation fees may also be applicable.
For Dormant Accounts with balance, the account may be deleted or purged if there are no Transactions for a continuous period of 2 years. MCP reserves the right to delete or purge the Dormant Account with prior notice to the User. Any remaining balance in such Dormant Account will be forfeited in favour of MCP.
For accounts with $0 and ₱0 balance, the account may be deleted or purged if there are no Transactions for a continuous period of 1 year. MCP reserves the right to delete or purge the account with prior notice to the User.
Users will be notified by MCP when the account becomes dormant and 1 month prior to deletion or purging of account, and will be provided with reminders to reactivate the Dormant Account.
An individual may re-apply for an account after the deletion of the Dormant Account.
Termination of Account and Post-Termination Measures
Any breach of the T&C, Privacy Policy, or the Acceptable Use Policy, will result in the suspension of the System or App account for investigation or its termination, at MCP’s full discretion.
During the suspension period, any Transaction by the Account Holder will be considered a Fraudulent Transaction with potential criminal implications
Where the System or App account is terminated, the Account Holder will have to pay out any unpaid amounts immediately.
Should an Account Holder wish to terminate the usage of the System or App account, s/he must notify and request MCP to close the account.
When terminating the usage of the App, the Account Holder shall cash-out all e-money left in its account at its own responsibility.
Even if the System or App account is terminated and closed, the Account Holder details as well as Transaction records and other Account information will be stored in MCP’s Database for at least 5 years in accordance with BSP regulations and at least 10 years in accordance with tax regulations.
Fraudulent Usage and Implementation of Service Suspension
Users are responsible for checking Transaction details to ensure that the amounts and details are correct. As all Transactions on the System or App require User authorization through the input of a PIN, MCP assumes the Transaction amounts to be genuine and correct.
All doubtful Transactions must be reported by the User to MCP in writing at least 15 days from the transaction. MCP will conduct a full investigation of the details of the Transaction, and the Account Holder/User shall be informed of the outcome via the prescribed communication channel. If the Transaction is found to be erroneous, MCP will refund the full amount of the Transaction to the System or App account of the Account Holder/User.
MCP will monitor Transactions and reserves the right to suspend or decline transactions it believes to be suspicious. Where a Transaction is suspended, MCP will conduct investigations and contact the Account Holder to confirm that the Transaction is genuine.
MCP has the discretion to suspend System or App accounts to conduct the necessary investigations as a measure against misuse and misconduct, without prior notice to the Account Holder/User.
Any usage of the System or App by the Account Holder/User during the suspension period will be considered as a Fraudulent Transaction with criminal implications.
For Transactions flagged by Transaction monitoring, MCP will contact the Account Holder or User to conduct Request-For-Information to verify that the Transactions are genuine.
Where the System or App account is suspended due to MCP being unable to reach Users, Users must contact MCP to request for reactivation, subject to MCP’s approval after confirmation of the Account Holder/User’s details. Reactivation fees may be applicable.
Exclusion from Liability
MCP takes no responsibility for any server or device disruptions, delay, or interruption of service, due to force majeure, administrative error, technical, mechanical, electrical or electronic fault or difficulty or any other reason or circumstance beyond the control of MCP, but will endeavour to resume service as soon as possible in good faith.
In case of loss or theft of devices on which the System or App is installed, an Account Holder/User must immediately report the same to MCP and request to suspend the System or App Account
MCP will waive the Account Holder/User’s liability for any Transactions recorded in the account after the time of the report to law enforcement authorities and up to the maximum monthly transaction limit. However, in case the Account Holder/User fails to report the loss or theft of the device to the relevant law enforcement authorities or to MCP or reports the same beyond the 48-hour period, the Account Holder/User will be held liable for all Transaction amounts recorded in the account. 
MCP will not be liable for any leakage of Personal Information due to lost or stolen devices of the Account Holder/User, or any incidents due to the fault of the Account Holder or User.
The System or App is an “As-Is As-Available” service, and MCP makes no warranties of any kind, and will not be held liable for loss, damage or liability resulting from the non-delivery of any Transaction.
In the event of any action filed against MCP by an Account Holder/User and where MCP is found to be at fault, MCP shall be liable only up to the amount of One Thousand Pesos (₱1,000.00) or the amount of actual damages sustained by the Account Holder/User, whichever is lower.
Legal Matters
MCP shall refuse its services as well as access to and usage of the System or App to any Antisocial Forces and Organisations, connected entities and individuals. Use of the System or App will be terminated for Account Holders/Users identified as part of or aiding the foregoing groups
Separability Clause. Should any term or condition in this T&C 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
Complaints Handling Process. Complaints and feedback may be provided in confidence by contacting the prescribed channels over the phone, via email, or other means made available by MCP from time to time. MCP assures that it will handle User concerns with utmost confidentiality and will strive to resolve them as soon as possible
All complaints lodged with MCP will be resolved within the timeframe in the following prescribed Complaints Resolution Timeline:
MCP fully cooperates with the BSP in the handling of complaints. Further escalation can be raised with the BSP's Financial Consumer Protection Department.
Non-waiver. Any failure, omission, or delay on the part of MCP to exercise its rights or remedies under these T&C shall not operate as a waiver
Jurisdiction. Venue of all suits shall either be at Taguig City or at any location at the exclusive option of MCP.
Governing Law. The T&C shall be construed in accordance with and governed by the laws of the Republic of the Philippines.
    
Acceptable Use Policy
1.    You and the System or App Services
1.1    You agree not to gain or attempt to gain unauthorized access to any part or feature of the System or App or to any other system or network connected to the System or App. You also agree not to gather, harvest, or otherwise collect information about others using the System or App without their explicit informed consent; nor restrict, prevent or prohibit any other party from using the System or App, including but not limited to such actions which may tend to discourage others from using the System or App, such as stalking, flaming or the lashing out at other parties, spamming or the sending of unsolicited information, advertisement or content, flooding or the sending of repetitive message, trolling or the use of insulting or deliberately divisive information, material or content, other forms of annoyances, and the like.

1.2    You agree not to circumvent, disable, or otherwise interfere with security-related features of the System or App, including those that prevent or restrict use or copying of any content, material or information available on or through the System or App, as well as those that enforce limitations on the use of the System or App.

1.3    You agree not to probe, scan or test the vulnerability of the System or App or any network connected to it, and not to breach the security or authentication measures on the same. You agree not to reverse look-up, trace or seek to trace any information on any user of or visitor to the System or App, or any other customer of MCP including any account maintained with the System or App not owned by you, to its source, or exploit the System or App or any information made available or offered by or through the System or App, in any way where the purpose is to reveal any information, including but not limited to personal identification, other than your own information.

1.4    You agree to use or access the System or App for your information and personal use solely as intended through the provided functionality of the System or App. You agree not to copy or download any material or content from or through the System or App unless such copying or downloading is explicitly allowed by a visible manifestation thereof such as a “download” button or a similar link ostensibly displayed. You further agree not to engage or attempt to engage in the use, copying, transmission, broadcast, display, distribution or sale of any of the contents, material or information available on or through the System or App, including user comments and the like, other than as expressly permitted herein, or as explicitly indicated in the System or App, including use thereof for commercial purposes.

1.5    You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the System or App or its systems or networks, or any systems or networks connected to the System or App.

1.6    You agree not to use any device or routine to interfere or attempt to interfere with the proper working of the System or App or any transaction being conducted using the System or App, or with any other person’s use of the System or App. You agree that you will not engage in any activity that interferes with or disrupts the System or App or the servers and networks which are connected to the System or App.

1.7    You agree not to use the System or App for any purpose that is illegal, unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes on the rights of MCP or others. You further agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on any content, material or information, either in whole or in part, available on or through the System or App, unless you have been specifically permitted to do so by MCP or by the owner of that content, material or information in a separate agreement.
 
2.     You and Your User Content
2.1    You agree to and hereby undertake the sole responsibility and hold MCP free of liability to you or to any third party, for any User Content that you create, upload, transmit, or display while using the System or App. You agree and hereby undertake sole responsibility for the consequences of your actions and interactions using the System or App, and hereby stipulate admission of liability to MCP for whatever loss or damage MCP may suffer as a consequence of your use or misuse of the System or App.

2.2    You agree not to share, create, upload, transmit or display using the System or App 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 MCP to use any and/or all User Content that you create, upload, transmit, or display using the System or App.

2.3    You agree not to use fictitious name and conceal your true name for the purpose of concealing crime, evading the execution of a judgment or causing damage.

2.4    You agree not to share, create, upload, transmit or display using the System or App 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, 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 System or App, unless the System or App has been specifically designed and explicitly made available for such purpose.

2.5    You represent, warrant and affirm that you own or that you have the necessary licenses, rights, consents, and permissions to use and to authorize MCP 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 System or App, as you hereby authorize and grant MCP 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 System or App, in a manner MCP 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 for its use, reproduction, adaptation, modification, translation, publication, public performance, public display, distribution or transmission. You likewise hereby irrevocably agree, affirm and warrant to hold MCP 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 MCP made available your User Content.

2.6    Unless otherwise agreed in writing with MCP, you hereby agree to and acknowledge sole responsibility for protecting and enforcing any proprietary rights you or your principal may have on any User Content made available through the System or App. You further acknowledge, agree, and admit that MCP is not responsible for the actions of other users or any third party and hereby free MCP and waive in its favour any or whatever right or claim you or your principal may have against MCP relative to any User Content which you or a third party may create, upload, transmit or display using the System or App.

2.7    You agree to store your password on the device and the MCP servers in an encrypted form. This form of encryption disguises your password on the server, but still allows MCP to authenticate you when you sign into the System or App.

2.8    You agree that by supplying your personal information for the purpose of using the System or App, you expressly consent to the processing of your supplied personal information for the purpose of creating and maintaining your account. Such consent includes authorization for MCP to 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 as required by law, rules or regulations.
 
3.     Third Party Content & Services
3.1    The System or App contains content provided by third party services and resources. You acknowledge and agree that MCP is not responsible or liable for: the availability or accuracy, appropriateness, completeness or non-infringement of such Third-Party Services; or the content, products, or services available on or through such Third-Party Services. The availability of such Third-Party services does not imply any endorsement by us of such Third-Party services or the content, products, or services available therefrom.

3.2    You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the application and the services or in any Third-Party Services.

3.3    MCP makes no representation or warranties whatsoever about any service, content and / or any other resources provided by the Third Party.
 
4.    Reserved Rights
4.1    You understand and agree that MCP reserves the right, at its sole discretion but without obligation, to deny access to and / or discontinue the System or App or any component thereof to anyone at any time, temporarily or permanently, without giving any reason and/or prior notice to you. You hereby irrevocably agree, affirm and warrant to hold MCP free from any liability, both under equity and the law, arising or that may arise out of any such denial of access to or the discontinuance of the System or App.

4.2    You understand and agree that MCP reserves the right, at its sole discretion but without obligation, to collect, screen, review, flag, filter, modify, block, refuse or remove any and/or all information provided by any user, explicitly or implicitly to and through the System or App, including but not limited to hardware information, IP address, browser-type related information, cookies and the like. You hereby irrevocably agree, affirm and warrant to hold MCP free from any liability, both under equity and the law, arising or that may arise out of any such collection, screening, review, flagging, filtering, modification, blocking, refusal or removal of any and/or all information provided by any user to and through the Services.

4.3    You understand and agree that MCP reserves the right, at its sole discretion but without obligation, to enhance, improve, develop and introduce new features and functionalities to the System or App at any time and without prior notice. You hereby understand, agree, and affirm that any such enhancement, improvement, development, new feature and/or new functionality to the System or App shall form part of the System or App as defined herein and thus shall likewise be covered by these Terms and its subsequent revisions or amendments, as applicable.

4.4    You understand and agree that MCP reserves the right, at its sole discretion, to 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 MCP to request for and secure such information, and expressly, unequivocally, and voluntarily instruct such third-party providers to: (a) receive and process MCP Philippine’s request; (b) favourably act at all times on any such request by producing the information requested; and (c) when requested by MCP, provide the latter with certified digital or printed copies of the said information.

4.5    You understand and agree that MCP reserves the right, at its sole discretion but without obligation, to send you or cause to send you service updates and/or messages, including SMS, notices, 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 System or App and MCP. MCP 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 MCP free from any liability and/or claims for indemnification or damages that may arise therefrom.

4.6    You understand and agree that MCP reserves the right, at its sole discretion but without obligation, to set limitations to and charge fees and applicable taxes for the use of the System or App, at any time and without prior notice. You further understand and agree that MCP 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 Services, at any time and with prior written notice to you sixty (60) days prior to effective date of change in fees / charges /penalties.

4.7    You understand and agree that MCP reserves the right, at its sole discretion but without obligation, to change, modify or amend these Terms without prior notice. You hereby understand, agree, and affirm that it shall be your sole responsibility to be aware of any such change, modification or amendment, which shall take effect immediately upon publication the same way as this original Terms has been published, or upon its availability through the System or App and which shall bind you as soon as you use or access the System or App after the publication or availability of the changes, modifications, or amendments in the System or App.
4.8    You understand and agree that MCP reserves the right, at its sole discretion but without obligation, to enforce the provisions of these Terms. Non-enforcement of any of the rights of MCP under these Terms, under the law or under principles of equity shall not be construed as a waiver thereof. Likewise, any subsequent course of action by MCP by you, and/or by any third party, individually or collectively, shall not operate and shall not be construed to operate as abandonment, amendment, or modification of these Terms. You likewise hereby declare, affirm and undertake the sole obligation to indemnify MCP or any third party for any damage MCP or said third party may sustain as a result of your use of the System or App.

4.9    You understand and agree that MCP reserves the right, at its sole discretion but without obligation, 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 MCP reserves the right, at its sole discretion but without obligation, to administer and operate any and/or all of the System or App from any or various locations outside the Republic of the Philippines. You further understand, agree and hold MCP free from any liability arising therefrom, that not all features, products, or services discussed, referenced, provided or offered through or in the System or App are available to all persons or in all geographic locations, or are appropriate or available for use outside the Republic of the Philippines. Any part or the whole of the System or App or these Terms are void where prohibited. You hereby understand, agree, and undertake sole responsibility for your continued access to or use of the System or App, 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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