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Terms Of Service |
These Terms of Service ("TOS") are effective as of August 18, 2005 and govern the terms under which you may access and use this website and the services associated with it (the "Service"). Do not access or use the Service if you do not agree to be bound by the TOS. By accessing and using the Service, you are agreeing to the TOS.
HealthCashCard is a service of Philippine Family Health and Dental Plan, Inc. ("PFHDP"). PFHDP may update the TOS from time to time, without notice to you, by posting the updated TOS on this website. As used throughout this TOS, the term "we", "us", and "our" mean PFHDP and its respective successors, affiliates, and assignees. "You" and "your" refer to anyone accessing or using the Service.
In the event there is any inconsistency between the English, Tagalog or other language text on this website, including the TOS, the English text shall be binding.
1. ELECTRONIC COMMUNICATIONS
You understand and consent that this TOS shall be entered into electronically, and that the following categories of information ("Communications") may be provided by electronic means: (i) this TOS and any amendments, modifications or supplements to it; (ii) your records of transactions through the Service; (iii) any initial, periodic or other disclosures or notices provided in connection with the Service, including without limitation those required by federal or state law; (iv) any customer service communications, including without limitation communications with respect to claims of error or unauthorized use of the Service; (v) any other communication related to the Service or PFHDP.
The Service does not allow for Communications to be provided in paper format or through other non-electronic means. You may withdraw your consent to receive Communications electronically, but if you do, your use of the Service shall be terminated. In order to withdraw your consent, you must contact us by telephone at (800) 619-7450 from within the U.S. or 63 2 889-5145 from inside the Philippines. The U.S.; by fax at 972-503-4392; or by mail at Philippine Family Health and Dental Plan, Inc, attn: Customer Service, 130 LP Leviste LPL Center Unit 19A Salcedo Village Makati, Philippines
In order to access and retain Communications, you must have: (i) an Internet browser that supports 128-bit encryption, such as Netscape Navigator version 4.0 or above or Internet Explorer version 4.0 or above, (ii) an e-mail account and e-mail software capable of interfacing with PFHDP's e-mail servers, (iii) a personal computer, operating system and telecommunications connections to the Internet capable of supporting the foregoing, (iv) sufficient electronic storage capacity on your computer's hard drive or other data storage unit, (v) a printer that is capable of printing from your browser and e-mail software. In addition, you must promptly update us with any change in your email address by updating your profile at https://www.healthcashcard.com
2. OVERVIEW OF SERVICE
The Service enables you to purchase and load a health gift card for designated recipients in the Philippines by way of the HealthCashCard, and specifically for health care goods and services. Each request to send money through the Service is a "Transaction." The amount to be paid to the card for the benefit of the Recipient is the "Transaction Amount."
3. ACCESSING THE SERVICE
a. Eligible Users. You must be an individual at least 18 years of age and be able to form legally binding contracts under applicable law. You must have a valid postal mailing address and an active e-mail address. You must also have at least one valid government identification. Other restrictions may apply. You acknowledge that by initiating a Transaction, you are requesting that PFHDP process your Transaction, an offer which PFHDP may accept or reject at its sole discretion from their place of business in Makati, Philippines.
4. PAYMENT
a. Service Fees. In consideration for the use of the Service, you agree to pay applicable fees for each transaction that you initiate (the "Service Fees"). These fees are shown to you before you submit your Transaction for processing. PFHDP only accepts payment in U.S. Dollars.
b. Payment Sources. You pay for the Service using an authorized credit card, debit card, PayPal account, or electronic check (each, a "Payment Source"), depending on the place of your residence and the service you select. You authorize the account associated with your Payment Source to be debited in the amount of the Transaction Amount plus any applicable fees.
c. Fees Imposed by Other Financial Institutions. PFHDP does not control and is not responsible in any manner for any fees or charges that may be imposed by your financial institution(s) associated with your Payment Source. In particular, some credit card issuers may treat the use of your credit card to use the Service as a "cash advance" rather than a purchase transaction and may impose additional fees and interest rates for the transaction. These fees are imposed by your credit card issuer, not by PFHDP. You can avoid most cash advance fees by paying with an electronic check or debit card. Contact your credit card issuer for more information.
5. DISBURSEMENT
a. Disbursement Options. Funds are disbursed to the Recipient via the registered healthcashcard on file and acknowledged by you as the legitimate member card. And all correspondence and deliveries are delivered to the address you provide to PFHDP. You may change the Disbursement Option after each transaction if necessary for a different recipient. You hereby appoint the Recipient(s) as your agent for the purpose of receiving funds in connection with the Service.
* i. Pickup, Delivery, and Direct Deposit. PFHDP may work with correspondent banks, money exchange houses, and other third party funds handlers (each, an "LMA") to disburse funds to your Recipient on your behalf by Pickup, Delivery, or Direct Deposit. Pickup means that the Recipient can go to an authorized LMA branch office to receive funds, in person. Delivery means that funds shall be delivered to the Recipient card you provide. Direct Deposit means that the funds shall be delivered directly into the Recipient's bank account.
b. Currency of Disbursement YOU ACKNOWLEDGE THAT PFHDP MAY MAKE MONEY WHEN FUNDS ARE CONVERTED TO A FOREIGN CURRENCY FOR DISBURSEMENT, BASED ON THE DIFFERENCE BETWEEN THE EXCHANGE RATE AT WHICH PFHDP PURCHASES FOREIGN CURRENCY AND THE EXCHANGE RATE PROVIDED TO YOU.
c. Recipient Identification-Funds shall not be disbursed to a Recipient unless he or she presents specified information to verify his or her identity. In addition, in cases of loads of more than $200, the loader and recipient may be required to provide additional identification information.
6. LIMITATIONS OF SERVICE
Transactions may be delayed or otherwise restricted as a result of verification procedures, validation of Payment Source, attempts to contact and locate your Recipient, currency availability, location hours, and efforts to comply with applicable law. Notwithstanding the foregoing, you may be entitled to a refund as expressly described herein.
a. General Restrictions PFHDP may, in its sole discretion, refuse any Transaction or limit the amount to be transferred, either on a per transaction basis or on an aggregated basis. PFHDP reserves the right at any time and from time to time to modify or discontinue the Service (or any part thereof) with or without notice.
b. Not Available to Certain Residents. The Service may not be available in whole or in part in different states, countries, and jurisdictions.
c. Unauthorized Transactions-Your use of the Service shall not violate this TOS or any rules and regulations, including but not limited to rules and regulations relating to money laundering, illegal gambling activities, fraud, or funding of terrorist organizations.
d. Commercial Transactions- PFHDP has no control over, and is not responsible for, the quality, safety, legality, or delivery of goods or services that you pay for using the Service. You acknowledge that any use of the Service for to pay for such goods and services is at your own risk.
e. Ineligible Recipients- We reserve the right to refuse disbursement to certain Recipients, countries, territories, addresses or other geographic designations in our sole discretion, including without limitation, destinations and individuals that are included on the Specially Designated Nationals list, Non-cooperative Countries and Territories list, and such other lists as may be issued from time to time by the U.S. Department of Treasury and other government agencies.
7. CANCELLATION AND REFUNDS
Upon written request, you may obtain a cancellation and a refund of the Transaction Amount if, at the time the request is processed (not received), the Transaction Amount has not been disbursed, or if PFHDP has disbursed the Transaction Amount to someone other than the specified Recipient. Your written refund request must include the following information:
(a) your full name, address, and phone number, (b) Recipient's full name, address (including country of residence), and phone number, (c) the date of the transaction or the transaction number, (d) the location to which funds were to be disbursed, (e) the dollar amount of the transaction, and (f) the reason for the refund.
The refund request must be in writing and submitted by electronic mail, fax or mail. Contact information for PFHDP's customer service is as follows: PFHDP Customer Relations (within the US) (800) 619-7450 within the Philippines 632-889-5145 or fax or email us at info@healthcashcard.com
Refunds shall be made in the same form of payment originally made. Refunds shall only be made in U.S. dollars.
The following applies only to Transactions originating in California directed to a foreign country.
RIGHT TO REFUND: You, the customer, are entitled to a refund of the money to be transmitted as the result of this agreement if PFHDP does not forward the funds received from you within 10 days of the date of its receipt, or does not give instructions committing an equivalent amount of funds to the person designated by you within 10 days of the date of the receipt of the funds from you unless otherwise instructed by you.
If your instructions as to when the funds shall be forwarded or transmitted are not complied with and the funds have not yet been forwarded or transmitted you have a right to a refund.
If you want a refund, you must fax your written request to PFHDP at 63 2 889 5145; or mail it to Philippine Family Health and Dental Plan, Inc., attn: Customer Service, Philippine Family Health and Dental Plan, Inc. 130 LP Leviste LPL Center Unit 19A Salcedo Village Makati Philippines. If you do not receive your refund, you may be entitled to your money back plus a penalty of up to $1,000 and attorney's fees pursuant to Section 1810.5 of the California Financial Code.
For Texas Customers Only: After first contacting PFHDP Inc., if you still have an unresolved complaint regarding the company's money transmission or currency exchange activity, please direct your complaint to: Texas Department of Banking, 2601 North Lamar Boulevard, Austin, Texas 78705, 1-877-276-5554 (toll free), www.banking.state.tx.us.
Maryland Customers only: The Commissioner of Financial Regulation for the State of Maryland will accept questions or complaints from Maryland residents regarding Philippine Family Health and Dental Plan, Inc. at: Commissioner of Financial Regulation, Attention Complaint Unit, 500 North Calvert Street, Suite 402, Baltimore, Maryland 21202, Toll-free telephone number: 1-888-784-0134.
8. PRIVACY/COLLECTION OF INFORMATION
By agreeing to this TOS, you acknowledge and consent to PFHDP’s Privacy Policy. The Privacy Policy can be found by clicking here: https://www.healthcashcard.com
To help the government fight the funding of terrorism and money laundering activities, federal law requires financial institutions and their third parties to obtain, verify, and record information to identify you. You may be asked for your name, address, date of birth, and other information that shall allow us to identify you.
9. INDEMNITY
You agree to indemnify and hold PFHDP, LMAs, and their respective subsidiaries, officers, agents, partners, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
10. PFHDP'S INTELLECTUAL PROPERTY
You acknowledge that the Service, including but not limited to the content of this website, text, graphics, links, buttons, logos, and images, as well as all other PFHDP copyrights, trademarks, service marks, logos, and product and service names are owned exclusively by PFHDP (PFHDP's Intellectual Property"). You agree not to display, use, copy, or modify PFHDP's Intellectual Property in any manner. You are authorized solely to view and retain a copy of the pages of this website for your own personal, non-commercial use. You further agree not to: (i) use any robot, spider, scraper or other automated device to access the Service; or (ii) remove or alter any author, trademark or other proprietary notice or legend displayed on this website (or printed pages thereof).
11. DISCLAIMER OF WARRANTIES
THE SERVICE IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PFHDP shall make reasonable efforts to ensure that Transactions are processed in a timely manner, but PFHDP makes no representations or warranties regarding the time needed to complete processing because the Service is largely dependent on many factors outside our control. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary state to state. Notwithstanding the foregoing, you may have a right to a refund as expressly described herein.
12. LIMITATION OF LIABILITY
EXCEPT FOR CLAIMS UNDER SECTION 1810.5 (C) OF THE CALIFORNIA FINANCIAL CODE ARISING FROM TRANSACTIONS ORIGINATING IN CALIFORNIA, IN NO EVENT SHALL PFHDP, LMAs, OR THEIR RESPECTIVE SUBSIDIARIES, OFFICERS, AGENTS, PARTNERS, OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES BEYOND THE SUM OF $500.00 (IN ADDITION TO REFUNDING THE TRANSACTION AMOUNT AND SERVICE FEES), INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PFHDP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM NEGLIGENCE ON THE PART OF PFHDP, LMAS, OR THEIR RESPECTIVE SUBSIDIARIES, OFFICERS, AGENTS, PARTNERS, OR EMPLOYEES.
13. DISPUTE RESOLUTION AND GOVERNING LAW
Any controversy, dispute, or claim arising out of or relating to the Service or TOS (a "Claim") shall be governed by and construed in accordance with the laws of Texas, except that body of law governing conflicts of law. Except for Claims arising under Section 1810.5 (c) of the California Financial Code, which Claims shall be brought before the appropriate state or federal court located in Texas, all Claims shall be settled by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (available at http://www.adr.org) and, as the parties acknowledge and agree that this arbitration agreement is made pursuant to a transaction involving interstate commerce, it shall be governed by the Federal Arbitration Act, as incorporated in Title 9 of the United States Code. The arbitrator shall issue a reasoned award if so requested by you or PFHDP, and may not modify, rewrite, or otherwise reform this TOS, including but not limited to interpreting the TOS beyond the range of semantic permissibility. The arbitrator, in his or her discretion, shall have the right to award reasonable costs and attorneys' fees to the prevailing party. This TOS shall be governed according to the laws of the State of Texas and the country of the Philippines and all activities performed in connection with the Service shall be deemed to have been performed in Texas and the Philippines.
Disputes include not only claims made directly by you, but also made by anyone connected with you or claiming through you, such as a Recipient. Disputes include not only claims that relate directly to PFHDP, but also its LMAs, successors, assignees, employees, and agents, and claims for which PFHDP may be directly or indirectly liable, even if they are not properly named at the time the claim is made. Disputes include claims based on any theory of law, contract, statute, regulation, tort (including fraud or any intentional tort), or any other legal or equitable ground, and include claims asserted as counterclaims, cross-claims, third-party claims, interpleaders or otherwise. Disputes include claims made as part of a class action or other representative action, it being expressly understood and agreed to that the arbitration of such claims must proceed on an individual (non-class, non-representative) basis. Disputes also include claims relating to the enforceability or interpretation of any of these arbitration provisions.
If we initiate the arbitration, we may serve you at the last known physical or email address on file with us. The arbitration shall be conducted in Dallas, Texas and judgment on the arbitration award may be entered in any court having jurisdiction thereof. However, you and PFHDP agree to submit to the personal jurisdiction of the courts located within the city and county of Dallas, Texas. Either you or PFHDP may seek any interim or preliminary relief from a court of competent jurisdiction in Dallas, Texas necessary to protect the rights or property of you or PFHDP (or its agents, suppliers, and subcontractors) pending the completion of arbitration. If any portion of this section is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this section.
THE PARTIES ACKNOWLEDGE AND AGREE THAT, EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, THEY ARE WAIVING ALL RIGHTS TO A TRIAL BY COURT OR JURY AS A MEANS OF RESOLVING ANY DISPUTES ARISING OUT OF OR RELATING TO THEIR USE OF PFHDP'S SERVICES.
14. GENERAL INFORMATION
a. Entire Agreement. The TOS constitutes the entire agreement between you and PFHDP and governs your use of the Service, superseding any prior agreements between you and PFHDP.
b. No Waiver. The failure of PFHDP to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give appropriately valid effect to the intention of the TOS as reflected in the provision, and the other provisions of the TOS shall remain in full force and effect.
c. Modification The TOS may be modified or amended by PFHDP from time to time without notice, except as may be required by law. You can review the most current version of the TOS at any time by reviewing this website. You may terminate your use of the Service if you do not agree with any modification or amendment. If you use the Service after the effective date of an amendment or modification, you shall be deemed to have accepted that amendment or modification. You agree that you shall not modify this TOS and acknowledge that any attempts by you to modify this TOS shall be void.
15. QUESTIONS/COMMENTS
Questions, notifications, and requests for further information can be sent to PFHDP as follows: online at www.healthcashcard.com or by telephone at 63 2 889-5145 (in the Philippines) or (800) 619-7450 (within the U.S.), Philippine Family Health and Dental Plan, Inc., attn: Customer Service, 130 LPL Leviste LPL Center Unit 19A Makati Philippines.; Please report any violations of the TOS to www.healthcashcard.com.
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