These Terms govern the relationship between Globe Telecom, Inc. (“Globe”) and you, the end-user, for the provision and use of the App. These Terms are intended to be read and enforced with the Frequently Asked Questions (“FAQs”) appearing within the App.Globe reserves the right to update these Terms or the FAQs as may be required from time to time. In all circumstances, your continued use of the App shall be deemed an unqualified acceptance of these Terms and the FAQs, and of any updates.
Description of the App. The App was designed with Globe Prepaid and TM subscribers in mind, to enable them to register to exclusive paid value-added services (“offers”) and free offerings (“freebies”), to track their prepaid load and promo usage, to control access to data subscriptions, and to earn rewards (both telco and non-telco). Use of the App is free-of-charge (but standard rates may apply for transactions that link outside of the App).
- App content partners. The App has a wide range of app-specific offers and freebies. Globe reserves the right to modify, add, or supplement mobile apps as new content partnerships arise or soon as to remove once-partner mobile apps. No information sharing will be allowed between the App and third-party content partners.
- Offers and freebies availability. Most of the special offers available on the App is not accessible via the regular registration channels - 8080/*143#. Availability of offers and freebies may be targeted to select users only based on Globe’s mechanics (but not limited to duration, location, profile, usage, etc.). However, regular offers like GoSURF and other top prepaid promos can be found inside the App. Price may or may not differ from one channel to the other. Furthermore, Globe has the right to promote available and relevant offers based on your needs and usage behavior.
- Capping of offers and freebies per user. To minimize abuse on free app access/ downloads, Globe has the right to set maximum limits per app, per day, and per mobile number. Furthermore, offers can only be purchased if still available in “What’s Hot”, “Top Internet Promos”, or “More Switch Offers”. You may not be able to purchase an offer if already activated. Globe reserves the right to modify mechanics and rules.
- Switch Rewards. Switch Lucky Spin is the App’s rewards section. Offers and freebies may or may not have “spin credits” after successful purchase. Each spin requires the use of spin credits. Globe reserves the right to modify, add and/or remove prizes, insert spin credits expiry, increase/decrease spin credit per spin, increase/decrease maximum accumulated spin credits per user depending on the mechanics. Prizes may range from telco and non-telco rewards. Telco rewards may come in the form of call, text, and data freebies, while non-telco rewards range from devices, vouchers, mobile pass, and more. Lucky Spin is subject and conforms to DTI-approved mechanics.
App availability and use. Globe reserves the right to modify or terminate the App or your use of the App, for any reason and without prior notice, at any time, without any liability whatsoever. Globe reserves the right to deny, suspend or terminate your access to the App at any given time without notice for: [i] unauthorized, improper, or illegal use of the offerings and freebies; [ii] unauthorized, improper, or illegal use of the App and the services based on the App; and [iii] breach of these Terms in connection with your use of the App or availment of Globe services related to the App.
App features and updates. You can use all of the App’s features upon downloading and installing. The App may trigger or launch other mobile apps that are already installed on your mobile device, or may launch the applicable app downloading site (such as Google Play Store). Globe reserves the right to suspend features of the App or add relevant functionalities. The App will trigger an auto-update to a higher version once an update is commercially released.
Opt-out. As part of your App experience, you will undergo the regular app set-up by entering the prepaid number with one-time PIN (OTP) authentication should you opt to log out from the App at any time. Any information stored prior to logging out may or may not be available.
Messages and notification settings. You should allow Globe to send in-app and SMS notifications to be kept keep users updated on new promos, campaigns, and other relevant information.
Customer consent. The customer hereby agrees, consents, permits and authorizes Globe to process, store, update, access, share and/or make disclosures, without need of notice, of all information, whether personal/sensitive/privileged information or otherwise, relating to his/her accounts covered under the Program to: (i) third persons and entities to facilitate administration and implementation of the Program; or (ii) Globe’s subsidiaries and affiliates or such other related companies, whether organized in the Philippines or in other jurisdictions, to assist Globe in the collection, recording, organization, storage, updating or modification, retrieval, consultation, use, consolidation, blocking, erasure, destruction of data, administration, sharing, implementation and servicing of the accounts and Products contemplated under the Program; or (iii) government regulatory agencies, credit information/investigation companies, financial institutions, credit bureaus, loyalty program partners, partner merchants/store/retailers, consumer reporting or reference agencies, whether based in the Philippines or other jurisdictions, or (iv) third parties engaged by BPI or by its subsidiaries or affiliates, or such other related companies under a duty of confidentiality to offer selected products and services which may interest the customer unless he/she specifically instruct otherwise in writing; or (v) service providers or entities to assist in the administration and implementation of the Program; or (vi) such bodies/agencies having regulatory authority over Globe, or (vii) such other persons or entities Globe may deem as having authority or right to such disclosure of information, as and when required by the circumstances, as in the case of resulting from the Globe's outsourcing of its functions or the functions required under the Program. As such, customer expressly consents to allow Globe to process, store, update, access, share and/or disclose any personal/sensitive/privileged information that may be required for the purposes and to the entities enumerated above relative to the Program and Products which are activated, enrolled in or availed of by the customer.
The customer is hereby informed that data stored is used for the following purposes, among others: (i) provide customers with subscribed products and services, including customer support; (ii) enhance customer experience and determine tailored content to meet specific preferences and needs; (iii) communicate relevant services and/or advisories to customer; (iv) abide by any safety, security, public service or legal requirements and processes; and (v) process information for statistical, analytical, and research purposes. Furthermore, a customer’s personal information is used to the extent necessary to comply with the requirements of the law and legal process, such as a court order; to comply with a legal obligation; or to prevent imminent harm to public security, safety or order. On the other hand, a customer’s non-personal information is used for statistical, analytical, and research purposes to create anonymous and aggregate reports.
Security of and access to your mobile device content. While efforts are taken to make access to content in your mobile device secure against third party intrusion, Globe cannot and will not provide you with any guarantee against intrusions due to unlawful interception of data transfers, security breaches, or incorrect or incomplete implementations of security measures on your mobile device. You are responsible for managing your own content, including the access permissions to such content. Globe shall not be held liable for unauthorized access by third parties to the content you access, share, or store through the App.
DISCLAIMER OF WARRANTY. THE APP IS PROVIDED "AS IS", WITHOUT ANY WARRANTY. GLOBE DOES NOT GUARANTEE THE APP OR RELATED SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. GLOBE EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, AVAILABILITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE APP AND RELATED SERVICES.
LIMITATION OF LIABILITY. IN NO EVENT AND UNDER NO LEGAL THEORY, INCLUDING BUT NOT LIMITED TO TORT OR CONTRACT, SHALL GLOBE BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA, FILES, DEVICE OR APPLICATION FAILURE OR MALFUNCTION OR OTHER COMMERCIAL OR ECONOMIC LOSS, ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE APP OR RELATED SERVICES, EVEN IF GLOBE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LIMITATION OF AGGREGATE LIABILITY. GLOBE’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER SHALL IN NO EVENT EXCEED THE AMOUNT PAID BY YOU FOR THE APP. IN CASE OF DAMAGE RESULTING FROM A FAILURE OF THE APP LEADING TO LOSS, CORRUPTION, UNAUTHORIZED DISCLOSURE, OR EXTENDED UNAVAILABILITY OF YOUR CONTENT, THE LIABILITY SHALL BE EXPRESSLY LIMITED TO THE AMOUNT YOU PAID FOR THE APP.
Consumer Rights. The above limitations and disclaimers notwithstanding, nothing contained in these Terms shall prejudice your statutory rights as a consumer. Globe disclaims, excludes, and restricts obligations, warranties, and liability as provided in these Terms, but in no other respects and for no other purpose.
Permissible Content. You will refrain from managing any i) illegal or infringing content ii) any unlawful, offensive, abusive, obscene, pornographic, harassing, libelous or otherwise inappropriate content or material or iii) any content that is against the permissible content guidelines maintained by Globe or Touch Mobile. You specifically agree to strictly abide by the provisions of the applicable copyright laws and warrant that you have necessary rights and consents where you share content to third parties. IN THIS RESPECT, YOU ARE REMINDED THAT ANY REPRODUCTION, COMMUNICATION OF A WORK AND/OR ANY BROADCASTING OF A PERFORMANCE, AN AUDIO RECORDING OR A VIDEO RECORDING MADE WITHOUT AUTHORIZATION MAY CONSTITUTE AN OFFENSE OR A COPYRIGHT INFRINGEMENT. You alone shall be responsible for the content managed via the App and more generally for your use of the App. You are informed that Globe does cooperate with appropriate authorities in regards to illegal or infringing content shared or transferred by you and are entitled to cease or prevent your use of the App for such activities and remove such content or access to it.
Indemnity. You shall indemnify, defend and hold harmless Globe against (i) any and all costs, charges, claims, damages, liabilities incurred and/or proceedings taken against any of the Indemnitees, including without limitation outside legal counsel and consultants’ fees, resulting from illegal conduct and/or violation of rights of third parties, and/or (ii) any damage that you may cause through your use of the App.
Governing Law. These Terms shall be governed by Philippine laws. The appropriate courts in Taguig City shall have the exclusive jurisdiction over any dispute arising out of these Terms. If you have any questions on these Terms or FAQs, or if you would like to contact Globe for any other reason: talk to Gie on Facebook Messenger or dial 211 from your mobile device.
[Updated as of 29 August 2019]