Globe Benta App Terms and Conditions

By accessing and/or using any part of the Globe Benta application ("App") or availing any of its services ("Service"), you ("You", "Retailer", "User") 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 GoBenta 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"). 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.

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.

You understand and agree that 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. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services, merchandise, and other information provided through the Service or on the Internet generally.

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 GoBenta 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. By using the Application after any modification or change has been effected, you have agreed to any such modification or change.

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. Globe shall not be made liable for loss or damage (including but not limited to those imposed by third parties) in relation with transaction or service done through our application.

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, third-party right, or laws, rules, and regulations.
Improper access or use of the Service, or any data, materials, or information.
Unauthorized use of your Login Credentials or your grant of access to third parties, whether intentional or unintentional.
Other analogous cases pertaining to the use of your Login Credentials over which you have the sole control and responsibility.

Limitation of Liability

In no event shall Globe be liable for:

Any and all losses or damages including but not limited to, direct, indirect, incidental, or consequential damages (including, without limitation, those resulting from loss of profits, lost data or business interruption) arising out of the use of or inability to use the Service or any information, or transactions provided on the Service or downloaded or hyper-linked from or to the Service even if Globe or its representatives have been advised of the possibility of such malfunction/breakdown of the Service.
Any and all losses or damages attributable to errors, omissions, or other inaccuracies in the Service and/or materials or information downloaded through or hyperlinked from 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, or those attributable to the fault, negligence, unauthorized use, or misrepresentation of the Retailer or third party.
The Retailer shall indemnify and hold harmless Globe, its officers, directors and employees from any and all losses, claims, damages, expenses or proceedings made or threatened by any third party and all related losses, expenses, damages or costs, incurred in the investigation or defense (“Damages”) to the extent the Damages 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; (b) A Retailer’s failure to comply with any Applicable Law or secure the necessary permits or licenses; or (c) any breach or violation of this Terms and Conditions.

Intellectual Property Rights

Globe, its affiliates/subsidiaries, reserves all ownership, copyright, trademarks, and all other intellectual property rights, title, and interest in the Globe Benta and its Service. Permission is granted to electronically copy and to print hard copy portions of this site for the sole purpose of conducting your authorized retailer-related activities. Any other use of materials on the Globe GoBenta, including reproduction for purposes other than those noted above, modification, distribution, or republication, without the prior written permission of Globe is strictly prohibited. However, intellectual property rights (including unpatented methods and technical and confidential information, so long as they are not public knowledge) embodied in or used in this Globe Benta and all other copyright and trademark works created by Globe during the course of use of this Globe GoBenta shall remain the exclusive property of Globe.

Disclaimer

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.

Furthermore, 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.

Retailer'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. The Service is provided to authorized retailers for their sales activities only. Any unauthorized commercial use of the Service or the resale of its services outside of authorized retailer 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 (such as rights of privacy and publicity) 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-retailer 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 or another individual’s or entity’s use and enjoyment of similar services.
Other analogous cases as reasonably determined by Globe.

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 to you, the retailer. The Globe Benta does not currently support any payment processing from sale of load or promotions.

Retailer's Obligations and Warranties

You understand and agree that while the Service has various internal security measures designed to protect its users, 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 and/or account credentials for payment every time you transact on the Service. When transacting or performing any activities with your Login Credentials and/or account credentials for payment, to access or transact on the Service, you hereby represent and warrant that you are the authorized account owner or the Retailer on record or that you have been duly authorized by the owner or Retailer on record.
Not disclose to other people any information that should only be known by you (e.g., SIM card number, account details, Login Credentials, and credit card information) to ensure that access to Globe’s database and delivery of requested service shall be provided to the Retailer on record or owner of the account enrolled.
Log off after using the Service to prevent unauthorized access to your account.

Further, you hereby warrant, confirm, and affirm that:

You have voluntarily registered, accessed, and/or used the Services.
You have submitted true and correct information along with genuine and authentic supporting documents for the purpose of facilitating your registration, access, and/or use of the Service.
You have duly complied with the requirements of Republic Act No. 11934, otherwise known as the “SIM Registration Act” and all applicable laws.
You have informed and/or obtained the consent of other individuals whose personal data you may have shared in the registration, access, and/or use of the Service.
You have read and fully understood the Privacy Policy of Globe and the terms of the Privacy Notice for the Service.
You understand and agree that any personal information provided as part of the Service registration will also be used and processed in accordance with the Data Privacy Act of 2012, its rules and regulations, as well as the Privacy Policy of Globe.
You have read and fully understood your rights as a data subject.
Any and all consents you may provide in the Service registration, access, or use regarding the processing and disclosure of your personal data is freely given and is a result of your complete understanding of its implications.
You have read and understood the Terms and Conditions of this Agreement and that you shall strictly comply and abide by these terms and conditions and any future amendments thereto.