Globe Benta Terms and Conditions
This section applies to any individual or entity ("You", "User") accessing or using the Globe Benta application.
Acceptance of Agreement
By accessing and/or using any part of the Globe Benta application ("App") or availing any of its services ("Service"), you hereby agree to be bound by these terms and conditions ("Agreement"). To the extent applicable, the provisions of your existing retailer agreement with Globe Telecom, Inc. ("Globe") or other relevant terms and conditions of specific products or services shall supplement this Agreement. Globe reserves the right to revise or modify this Agreement at any time at its sole discretion, and your conformity herein will be considered by Globe as your conformity on all future updates of this Terms and Conditions, subject to appropriate notice that Globe will apprise via official Globe SMS or electronic mail. The revised Agreement shall be effective immediately upon posting and shall become binding upon you. It is your obligation to stay informed by periodically accessing the Globe website and/or the Globe Benta to review the latest version of the Agreement. Your continued access or use of the Service shall be deemed your conclusive acceptance of the revised Agreement.
Access and Use of the Service
Users of the Service will be required to activate their Globe Benta account and verify the account through a One-Time Pin (OTP), and nominate a mobile PIN or other security features to access the Service ("Login Credentials"). You agree that it is your responsibility to safekeep and secure the Login Credentials to avoid unauthorized usage.
You understand and agree that, except for Globe’s identified information, products, or services, Globe does not in any way operate, control, or endorse any and all other information, products, and services offered through the Service or on the Internet which are generally offered by third parties not affiliated with Globe.
You understand and agree that performing some activities on the Internet may be harmful or may cause loss to you or to other people who may access the Service or your device, such as but not limited to: (i) downloading content through the Internet (which may introduce viruses or other code that manifest contaminating or destructive properties); (ii) transmitting confidential information over the Internet (such as your credit card number or other personal information); or (iii) accessing and viewing content on the Internet or through the Service (which may include content that is offensive to some individuals, or inappropriate/unsuitable). You hereby bear all risk and liability associated with the foregoing activities, and you agree that Globe does not have any liability for any claims, losses, actions, damages, suits, or proceedings arising out of or otherwise relating to such activities. You shall be responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Service for the reconstruction of any lost data.
Service Availability and Warranty Disclaimer
Globe does not make any express or implied warranties, representations, or endorsements whatsoever (including without limitation warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the Service, any merchandise, information, or service provided through the Service or on the Internet generally, and as such, Globe shall not be liable for any cost or damage arising either directly or indirectly from any such transaction.
Globe does not warrant that the Service will be uninterrupted or error-free or that defects in the Service will be corrected. The Service and any software made available on the Service are provided on an "as is, as available" basis. Globe will have the discretion from time to time to make the Globe Benta available to you, determine the scope of the Application, set or change the daily cut-off times, modify, restrict, withdraw, cancel, suspend or discontinue any or all of the services without notice or responsibility to you and without giving any reason but with strict compliance to the rules and regulations set by Globe.
While the Application is made available 24-hours a day to you, there is no warranty that it will be available at all times due to daily cut-off times, scheduled or unscheduled maintenance and/or computer, telecommunication, electrical or network failure or any other reasons beyond our control.
Miscellaneous
The information, services, products and materials contained in the Globe Benta, including, without limitation, text, graphics and links, are provided on an "as is" basis with no warranty. To the maximum extent permitted by law, Globe disclaims all representations and warranties, express or implied, with respect to such information, services, products and materials, freedom from computer virus, and implied warranties arising from course of dealing or course of performance. In addition, Globe does not represent or warrant that the information accessible via the Globe Benta is accurate, complete, or current.
Globe will not be responsible for guaranteeing that communications or instructions given herein will be completely secure, and the risk of fraud, misunderstanding, error, delay, and losses resulting from communications or instructions given in such a manner are entirely at the risk of the Retailer and Globe will not be liable for the same, unless it is proven that such risk is caused by Globe’s fraudulent intent, wilful misconduct, or gross negligence.
Nothing herein shall be construed as creating an agreement of partnership or agency between Globe and You. Globe does not grant You any right or authority to assume or create any obligation or responsibility, express or implied, on behalf of Globe, or to bind Globe in any manner. Also, nothing herein shall be construed as creating an employer-employee relationship between You and Globe.
User's Conduct
As a condition of your use of the Service, you warrant to Globe that you will not use the Service for any purpose that is unlawful or prohibited by these terms, conditions and notices. Any unauthorized commercial use of the Service, or the resale of its services outside of authorized activities, is expressly prohibited. You agree to abide by all applicable laws, rules and regulations and are solely responsible for all acts or omissions that occur under your account. By way of example, and not as a limitation, you agree not to:
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others.
- Publish, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information.
- Advertise or offer to sell or buy any goods or services for any non-authorized purpose.
- Harvest or otherwise collect information about others, including email addresses, without their consent.
- Create a false identity for the purpose of misleading others as to the identity of the account owner.
- Transmit or upload any material that contains viruses, Trojan horses, worms, time bombs, cancelbots or any other harmful or deleterious programs.
- Transmit or upload any material that contains software or other material protected by intellectual property laws, rights of privacy or publicity, or any other applicable law unless you own or control the rights thereto or have received all necessary consents.
- Interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks.
- Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means.
- Violate any applicable laws or regulations including, without limitation, laws regarding the transmission of technical data or software through the Service.
- Interfere with another User’s use and enjoyment of the Service.
User’s Obligations and Warranties
You are primarily responsible and accountable for your own account and you shall protect the same from hacking or any unauthorized or fraudulent transactions. You hereby agree to:
- Use your Login Credentials for every transaction.
- Not disclose to other people any information that should only be known by you (e.g., SIM card number, account details, OTP, Login Credentials).
- Log off after using the Service to prevent unauthorized access.
Further, you hereby warrant, confirm, and affirm that:
- You have voluntarily registered, accessed and/or agreed to use the Services.
- You have submitted true and correct information.
- You have duly complied with Republic Act No. 11934 (SIM Registration Act).
- You have obtained the consent of other individuals whose personal data you may have shared.
- You have read, understood and agree to the Privacy Policy of Globe.
- You understand and agree that any personal information collected in relation to the use of the App, any promotions or marketing initiatives will be processed in accordance with the Data Privacy Act of 2012 and Globe’s policy on data privacy.
- You have read and understood your rights as a data subject.
- Any consent you provide is freely given.
- You shall strictly comply with this Agreement.
- You agree that Globe has the right to revoke, cancel, suspend or terminate your use of the Service for any breach.
Indemnification
You agree to indemnify, defend, and hold Globe, its affiliates/subsidiaries, and its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the Service free and harmless from and against all losses, expenses, damages, costs, suits or action, including reasonable attorneys’ fees, arising or resulting from:
- Your fault, negligence, misconduct, act, omission or breach/violation of this Agreement.
- Improper access or use of the Service.
- Unauthorized use of your Login Credentials.
Limitation of Liability
In no event shall Globe be liable for:
- Any and all losses or damages including direct, indirect, incidental, or consequential damages arising out of the use of or inability to use the Service.
- Any and all losses or damages attributable to errors, omissions, or other inaccuracies in the Service.
- Any and all losses, damages, delays or non-performance resulting from acts or occurrences beyond Globe’s control or caused by force majeure.
Intellectual Property Rights
Globe, its affiliates/subsidiaries, reserve all ownership, copyright, trademarks, and all other intellectual property rights in the Globe Benta and its Service. You are allowed to electronically copy and print hard copies for the sole purpose of conducting your authorized activities. Any other use of materials, including reproduction, modification, distribution, or republication, without the prior written permission of Globe is strictly prohibited.
Terms and Conditions for Retailers
This section applies specifically to Users who are retailers ("Retailer", "You"). Retailers are also bound by all terms in the "General Terms & Conditions" section above.
Retailer-Specific Representations
When transacting or performing any activities with your Login Credentials to access the Service, you hereby represent and warrant that you are the authorized retailer or that you have been duly authorized by the registered retailer account holder.
Interactions with Distributor Sales Personnel (DSP)
You acknowledge and agree that certain activities within the App or related to your retailer account may be facilitated by a designated "Distributor Sales Personnel" or "DSP." The DSP is an authorized representative of a Globe-accredited territory distributor, not an employee of Globe.
By using the App, you consent to the processing of your retailer account data by the DSP for performing their duties. You are responsible for verifying the identity of the DSP before conducting any transactions or providing any information. Globe shall not be liable for any losses or damages arising from transactions conducted with unauthorized individuals who misrepresent themselves as DSPs.
Payment Method
You understand and agree that for transactions involving the sale of load or promotions facilitated via the Globe Benta, all payments from subscribers shall be remitted directly to you, the retailer. The Globe Benta does not currently support any payment processing from the sale of load or promotions.
Retailer-Specific Indemnification
The Retailer shall indemnify and hold harmless Globe, its officers, directors and employees from any and all losses, claims, damages, expenses or proceedings to the extent they were occasioned by: (a) any fraud, dishonesty, reckless or willful misconduct, gross negligence, misrepresentation, breach of duty, law or failure to act on the part of the Retailer or its employees, agents or representatives; (b) A Retailer’s failure to comply with any Applicable Law or secure the necessary permits or licenses; (c) any breach or violation of this Terms and Conditions.
Terms & Conditions for Distributor Sales Personnel (DSP)
This section applies specifically to Users who are Distributor Sales Personnel ("DSP", "You"). DSP are also bound by all terms in the "General Terms & Conditions" section above.
DSP-Specific Representations
When transacting or performing any activities with your Login Credentials to access the Service, you hereby represent and warrant that you are an authorized Distributor Sales Personnel.
Core Responsibilities and App Functions
The DSP is an authorized representative of a Globe-accredited territory distributor responsible for managing the business relationship with retailers. Your activities are performed using this App and include but are not limited to:
- Selling of AMAX Load, which is credited to a retailer's account.
- Selling of NONAMAX items, such as physical SIM cards and other Globe merchandise.
- Installing and/or managing merchandise and point-of-sale materials at a retailer's location.
- Collection of payments for products and services sold to the retailer.
Location Data Collection and Analytics
You acknowledge and agree that, by using the Service, the App may collect and process your real-time location data while it is in use, or as required by the specific function being performed. This data is used for analytics purposes to ensure the integrity of field operations and to improve service efficiency. Such use includes, but is not limited to:
- Verifying service delivery and customer visits;
- Optimizing distribution routes and territory management; and
- Supporting reporting and performance analytics.