User Agreement for Kaban Internet Payment Solutions
This User Agreement ("Agreement" or "User Agreement") is a contract between you and Kaban Internet Payment Solutions (KABAN) and applies to your use of the KABAN payment service and any related products and services (collectively the "Service").  This Agreement affects your rights and you should read it carefully.  We encourage you to print the Agreement or copy it to your computer's hard drive for your reference.  For additional information about the Service and how it works, please also consult the KABAN Frequently Asked Questions section of the KABAN website.  In this Agreement, "you" or "your" means any person or entity using the Service ("Users").  Unless otherwise stated, "KABAN," "we" or "our" will refer collectively to KABAN and its subsidiaries, affiliates, directors, officers, employees, agents and contractors.

By clicking "I Agree", "I Accept"; or by submitting payment information through the Service you agree to the terms and conditions of this Agreement, the KABAN Privacy Policy, and any documents incorporated by reference.  You further agree that this User Agreement forms a legally binding contract between you and KABAN, and that this Agreement constitutes "a writing signed by You" under any applicable law or regulation. Any rights not expressly granted herein are reserved by KABAN.  This Agreement is subject to change by KABAN without prior notice (unless prior notice is required by law), by posting of the revised Agreement on the KABAN website.  Descriptions of material amendments to this Agreement will be posted in advance on the KABAN website in the "Policy Updates" section that is displayed to you when you log in to your account.  You can also set your Preferences to receive e-mail notification of all policy updates.  You may review the current Agreement prior to initiating a transaction at any time at our User Agreement page.

Unless otherwise specified, all references to a "bank" in this Agreement include all member banks of BancNet and any other banking consortium KABAN is associated with.

I. The Legal Relationship Between You and KABAN
II. User Responsibilities
III. Making Payments
IV. Electronic Fund Transfer Rights and Error Resolution
V. Consumer Protection Programs
VI. Additional User Agreement for Bills Payment

I. The Legal Relationship between You and KABAN

By registering for the Service, you appoint KABAN as your agent to process payments on your behalf in accordance with your instructions, subject to the terms and restrictions of this Agreement.  KABAN will at all times hold your funds separate from its corporate funds, will not use your funds for its operating expenses or any other corporate purposes, and will not voluntarily make funds available to its creditors in the event of bankruptcy or for any other purpose.  You acknowledge that (i) KABAN is not a bank and the Service is a payment processing service rather than a banking service, and (ii) KABAN is not acting as a trustee, fiduciary or escrow with respect to your funds, but is acting only as an agent and custodian.

By initiating and sending payments through the Service, you appoint KABAN as your agent to obtain the funds on your behalf and to transfer the funds to the merchant that you are paying to, subject to the terms and restrictions of this Agreement.  KABAN will obtain the funds first by debiting your funds in your ATM bank account.

II. User Responsibilities

Eligibility. In order to use the Service, you must register for a KABAN account.
No Multiple Accounts. Should you register for more than one KABAN Account, KABAN reserves the right to terminate all of your accounts and will restrict you from the system going forward.

Registration Information. You agree to provide true, accurate and complete registration information and to maintain and promptly update your information as applicable.  You agree not to impersonate any other person or use a name that you are not authorized to use.  If any information you provide is untrue, inaccurate, not current, or incomplete, without limiting other remedies, KABAN has the right to terminate your use of the Service and KABAN, its agents, suppliers, and subcontractors have the right to recover from you any costs or losses incurred as a direct or indirect result of the inaccurate or incomplete information.

You authorize KABAN, directly or through third parties, to make any inquiries we consider necessary to validate your registration.  This may include contacting you to verify your identity, ordering a credit report and performing other credit checks or verifying the information you provide against third party databases.

Prohibited Transactions. You agree that you will not use KABAN to pay for illegal products or services, including but not limited to materials that infringe the intellectual property rights of third parties.  You will not use the Service, the KABAN website or any of the services offered therein for any unlawful or fraudulent activity.  If KABAN has reason to believe that you may be engaging in or have engaged in fraudulent, unlawful, or improper activity, including without limitation any violation of any terms and conditions of this Agreement, your access to the Service may be suspended or terminated.  You will cooperate fully with KABAN to investigate any suspected unlawful, fraudulent or improper activity, including but not limited to granting authorized KABAN representatives "guest" or "member" access to any password-protected portions of your website.

You agree not to impersonate a KABAN User or a KABAN representative, or to request that a KABAN customer provide you with their password or other information to access their account.

Electronic Communications.  To the fullest extent permitted by applicable law, this Agreement and any other agreements, notices or other communications regarding your account and/or your use of the Service ("Communications"), may be provided to you electronically and you agree to receive all Communications from KABAN in electronic form.  Electronic Communications may be posted on the pages within the KABAN website and/or delivered to your e-mail address.  You may print a copy of any Communications and retain it for your records.  All Communications in either electronic or paper format will be considered to be in "writing," and to have been received no later than five (5) business days after posting or dissemination, whether or not you have received or retrieved the Communication.  KABAN reserves the right but assumes no obligation to provide Communications in paper format.  Your consent to receive Communications electronically is valid until you revoke your consent by notifying KABAN of your decision to do so by contacting us through this form or by telephoning customer service.  If you revoke your consent to receive Communications electronically, KABAN will terminate your right to use the Service.

Correct E-mail.  You agree and warrant that you have access to the Internet and to a current functional personal e-mail address.  Although we will take reasonable steps to contact you based on information that you have provided us, KABAN will not be liable for any undelivered e-mail communications or any costs you incur for maintaining Internet access and an e-mail account.  You have an AFFIRMATIVE OBLIGATION to provide KABAN with a correct and operational e-mail address, and to notify KABAN promptly as to any changes or cancellations of any and all e-mail addresses you provide KABAN.  Failure to provide KABAN with a current, working, functional, personal e-mail address, and/or failure to update KABAN in a change or cancellation of your e-mail address, or if KABAN has reason to believe that either have occurred may result in any or all of the following, non-exclusively: (1) the removal or deactivation by KABAN of a non-functional e-mail address from your account; (2) the replacement of a secondary e-mail address as a new permanent e-mail address associated with your account; (3) an alteration to your user preferences regarding KABAN e-mail notifications; and/or (4) attempts by KABAN to reach you personally by phone, fax or postal mail.  KABAN reserves the right to take measures to ensure the integrity of its contact directory, and expects that you, as a user, will cooperate and keep your contact information current.

Unclaimed Property. If you do not access your account for a period of one year, it will be terminated.

Passwords. You may not reveal your account password(s) and PIN(s) to anyone else, nor may you use anyone else's password.  KABAN is not responsible for losses incurred by Users as the result of their misuse of passwords or PINs.

Hacking. If you use, or attempt to use the Service for purposes other than sending and payments and managing your account, including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of Service, your account will be terminated and you will be subject to damages and other penalties, including criminal prosecution where available.

Assignability. You may not transfer any rights or obligations you may have under this Agreement without the prior written consent of KABAN.  KABAN reserves the right to transfer this Agreement or any right or obligation under this Agreement without your consent.

Indemnification. You agree to indemnify and hold KABAN, its affiliates, officers, directors and employees harmless from any claim, action, demand, loss, or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to your use of the Service.

Choice of Law. This Agreement is governed by and interpreted under the laws of the Philippines as such laws are applied to agreements entered into and to be performed entirely within the Philippines by Philippine residents.

III. Making Payments

Verification.  You need to have an ATM card with a BancNet or other ATM consortium partner of KABAN, a Visa, MasterCard or JCB credit card, or a GCash account before you can make any payments. In order to become Verified for ATM payments, you must login to your KABAN account and pay using your valid PIN with your ATM account.  Your ATM card and your KABAN account will be considered Verified if and when BancNet or any ATM consortium partner sends a Successful message. KABAN will ignore any other message received from BancNet or any other ATM consortium partner after informing you of the error message.  In order to become Verified for credit card payments, you must login to your KABAN account and pay using your active Visa, MasterCard or JCB credit card by entering your card number, the expiration month and year, and the rightmost 3-digit (CVV2 or CVC2) security code in the transaction page.  Your credit card and your KABAN account will be considered Verified if and when EquitableCard or the acquiring bank of KABAN sends a Successful message.  In order to become Verified for GCash payments, you must login to your KABAN account and pay using your GCash account by confirming with your MPIN.  Your GCash and your KABAN account will be considered Verified if and when you have received a confirmation message from Globe Telecom of the successful transaction on your mobile phone and on the computer screen.

Spending Limits.  Once you have confirmed through email your KABAN account, you are limited to a total of Php40,000.00 of spending per month.  Some accounts, at the discretion of KABAN, may have a lower limit.  Some transactions, at the discretion of KABAN, may not apply towards the limit.  In cases when a user notifies KABAN and requests to exceed the maximum amount per month, KABAN will require that user to present offline valid proofs of identification which will be validated by KABAN.

User Discretion.  KABAN does not fully guarantee fulfillment of goods / services made using its system.  You are encouraged to exercise full discretion in choosing the merchants to transact with.  KABAN, however, also selects its merchant partners with qualification criteria to ensure that they provide best service to their customers.

Refunds.  KABAN does not directly offer refunds for cancelled transactions. Any refund made is coursed through the merchant / payee.

Processing.  KABAN shall make reasonable efforts to ensure that payments are processed in a timely manner.  However, a number of factors, several of which are outside of our control, will contribute to when the funds are received by the merchant.  We make no representations or warranties regarding the amount of time needed to complete processing, such as delays in the banking system, nor shall we be liable for any actual or consequential damages arising from any claim of delay.

Termination.  KABAN, in its sole discretion, reserves the right to terminate this Agreement, access to its website, or access to the Service for any reason and at any time upon notice to you.

Trademarks.  KABAN, Kaban.com.ph, and all related logos, products and services described in this website are either trademarks or registered trademarks of Yehey Corporation, or its licensors, and (aside from the circumstances described in "Use of Logos" below) may not be copied, imitated or used, in whole or in part, without the prior written permission of KABAN.  In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of KABAN and may not be copied, imitated, or used, in whole or in part, without the prior written permission of KABAN.

Miscellaneous Disclaimers.

KABAN reserves the right to hold funds beyond the normal distribution periods for transactions it deems suspicious or for accounts conducting high transaction volumes to ensure integrity of the funds.

KABAN shall not be responsible for payments made to unintended Recipients or for payments made in incorrect amounts due to the input of incorrect information by payer or payee.

KABAN will not have any liability in connection with any unauthorized interception or use of data relating to you or the KABAN service; any inability by you to use or access the service or the KABAN website for any reason; any actions or transactions by an individual that uses your user name and password with your consent or knowledge; or any cause over which KABAN does not have direct control, including problems attributable to computer hardware or software (including computer viruses), telephone or other communications, or Internet service providers.

In no event shall KABAN be liable (A) for damages caused other than by intentional misconduct or (B) for any indirect, special, incidental, consequential or punitive damages whatsoever (including, but not limited to, damages for lost profits, disclosure of confidential information, or loss of privacy), arising out of or in any way related to your use of or inability to use the Service or the KABAN website, even if KABAN has been advised of the possibility of such damages.  In no event shall KABAN be liable for any act or omission of any third party (such as, for example, any provider of telecommunications services, internet access or computer equipment or software) or any circumstances beyond our control (such as, for example, a fire, flood, or other natural disaster, war, riot, strike, act of civil or military authority, equipment failure, computer virus, or failure or interruption of electrical, telecommunications or other utility services).

Security Features.  KABAN strongly suggests that you use a web browser with 128-bit encryption.  However, regardless of whether you use a web browser with security features, KABAN is unable to guarantee that data transmitted is secure and/or will not be intercepted by third parties, but will take full measures to ensure that such is the case.

IV. Electronic Fund Transfer Rights and Error Resolution

It is very important that you contact us at once if you believe your user ID or password has been compromised, or if someone has transferred or may transfer money from your account without your permission.  Under applicable banking regulations, the extent of your liability for an unauthorized transaction is largely determined by your promptness in notifying us or your bank if someone has gained access to your password, or if a transfer or withdrawal in your monthly statement is incorrect or unauthorized.  Notifying us quickly limits your liability:

You can inspect your transaction history at any time by logging in to your account on the KABAN website.  If your transaction history shows electronic funds transfers that you did not make or authorize, notify us at once.

KABAN makes no guarantees, however, of any funds that can be recovered by any unauthorized transaction.  No claims of PIN information leakage will be entertained.

V. Consumer Protection / Buyer Complaint Policy

In general.  KABAN’s consumer protection programs, consisting of a Buyer and Merchant Security Policy, are designed to try to help buyers recover funds from sellers who do not ship the promised goods.  Please note: KABAN's consumer protection programs only apply to tangible, physical goods which can be shipped, and excludes everything else, including but not limited to: intangibles, services, quasi-cash and all non-tangible, non-physical goods.

General.  If you pay a seller who does not ship the promised goods, you should first contact the seller and attempt to resolve the dispute.  If you are unable to resolve the dispute in this manner, you should then file a complaint with KABAN as soon as possible.

KABAN will investigate your claim, contact the seller and, if the seller does not present appropriate proof of shipment, a full refund or other evidence of a satisfactory resolution, KABAN will seek to collect the amount you paid from the seller.  KABAN may also limit the seller's access to his or her KABAN account.  You will be entitled to the return of any and all funds KABAN is able to collect from the seller for funds received by KABAN prior to the seller's account status having been changed to limited access.  RECOVERY OF YOUR CLAIM IS NOT GUARANTEED.

Complaints must be filed no later than 30 days from the date of payment.  Only one Complaint may be filed per KABAN transaction.  KABAN will seek to resolve the complaint within 30 days of the date the complaint is filed, though such time frame may be extended, if appropriate, to accommodate the investigation.  This policy applies only to the sale of tangible, physical goods and excludes all other sales and services, pursuant to section 1 above.

Additional terms.

Fraud.  Under no circumstances will KABAN reimburse requests in the event of fraud or misrepresentation by the buyer.  In addition, fees will not be refundable in cases of fraud.

Exercise of judgment.  Buyers are expected to exercise due diligence and prudent judgment to avoid or reduce any damage to the covered property. No person or entity other than the buyer shall have any legal or equitable right, remedy, or claim for reimbursement under or arising out of this Guarantee.

VI. KABAN Bills Payment User Agreement

User Responsibilities

Eligibility. In order to use KABAN's Bills Payment service, you must be a registered and Verified user of the KABAN service and a resident of the Philippines.  You must also agree to and abide by the Terms outlined in the User Agreement for the KABAN service.

Correct Bill Information.  You agree to provide the correct information with respect to all transactions initiated using the Bills Payment service, including the Zip code of the biller, your account number and the payment amount.

Privacy.  View our Privacy Policy. You agree that you have had an opportunity to review, download or print our Privacy Policy.  You consent to have bill information available to the billers and the bill payment processor in order to complete the Bills Payment transactions.

Rights and Disclaimers of KABAN

Processing.  KABAN shall make reasonable efforts to ensure that requests for Bills Payment transactions and the related electronic debits and credits involving checking accounts, credit or debit cards are processed in a timely manner.  A number of factors, however, several of which are outside of our control, will contribute to when your biller will credit your account.  For this reason, we recommend that you schedule all Bills Payment transactions such that the estimated settlement date is at least one (1) week before the actual due date of the bill.  Although the estimated settlement date is shown to the users, we make no warranties regarding the amount of time needed to complete processing.  KABAN shall not be liable for any actual or consequential damages arising from any claim of delay of Bills Payment transactions due to any number of reasons, including but not limited to the following:

- You have not provided the correct Biller information
- Circumstances outside of KABAN's control (including but not limited to fire, flood, delays in the banking system or interference from an outside force)