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These Terms of Use ("Terms") govern the access to and use of the mobile applications, websites, portal interfaces, software, digital wallets, products, and services (collectively, the "Services") provided by Gigacover Philippines, Inc., a corporation organized and existing under the laws of the Republic of the Philippines (hereinafter referred to as "Gigacover", "the Company", "we", "us", or "our").By creating an account, clicking "I Agree", or accessing or using our Services, you ("the User", "you", or "your") acknowledge that you have read, understood, and agreed to be bound by these Terms. If you do not agree to these Terms, you must immediately cease all access and use of our Services.
1. Legal Recognition of Electronic Agreements and Assent
1.1. In accordance with Section 7 of the Electronic Commerce Act of 2000 (Republic Act No. 8792), electronic documents, electronic data messages, and electronic signatures shall have the same legal effect, validity, and enforceability as physical, written documents and wet-ink signatures.
1.2. Your assent to these Terms, including any amendments, purchases, and financial transactions conducted through the Services, shall be expressed electronically. Clicking an "I Agree", "Submit", "Confirm", or "Pay" button, or utilizing other electronic signature methods integrated into the Services, constitutes your valid, binding electronic signature.
1.3. You agree that any electronic communication, including emails, SMS, and in-app notifications, satisfies any legal requirement that such communication be made in writing.
2. Eligibility, Licensing, and Territorial Restrictions
2.1. The Services are intended solely for individuals who are of legal age and possess full legal capacity to contract under applicable laws.
3. Account Registration, Credentials, and Security Logs
3.1. To access the Services, you must register for a personal account. You agree to provide accurate, current, and complete information during the registration process and to keep this information updated.
3.2. You are solely responsible for maintaining the confidentiality of your account credentials, including your username, password, and any one-time passwords (OTPs) sent to your mobile phone. You agree to notify us immediately of any unauthorized use or security breach of your account.
3.3. In compliance with national cybersecurity standards, the Company, and IT providers, logs important account activity, including IP addresses, unique device identifiers, hardware models, operating system versions, and location preferences. These logs are processed to detect fraud, prevent unauthorized access, and maintain system integrity.
3.4. Data Use Consent: By accessing or using the Services, you consent to having your data anonymized, collected, and used for the purpose of improving our services and technology.
4. Pricing, Electronic Invoicing, and BSP QR Standards
4.1. All premiums, fees, and charges displayed on the platform are denominated in Philippine Pesos (PHP) and are inclusive of all applicable taxes, including Value Added Tax (VAT), documentary stamp taxes, and local government taxes, in compliance with the Consumer Act of the Philippines (RA 7394) and the Internet Transactions Act of 2023 (RA 11967).
4.2. Gigacover supports payment through various electronic channels, which may include credit/debit cards, bank transfers, digital wallets, or carrier integrated billing. By initiating a payment, you authorize the Company or its payment processors to charge your designated account.
4.3. In compliance with Section 13 of the ITA, the Company shall issue electronic invoices or receipts for all transactions completed through the platform.
4.4. Electronic payment transactions processed via QR codes on the platform comply with the National QR Code Standard ("QR Ph") mandated by Bangko Sentral ng Pilipinas (BSP) Memorandum No. M-2023-005
5. Order Fulfillment, Cancellation, and Refund Policy
5.1. In accordance with the ITA, Gigacover guarantees that all digital goods, policies, and services delivered through the platform maintain the standard, normal qualities, and performance features advertised or described.
5.2. No-Cancellation Policy and Statutory Exceptions: Once a transaction is confirmed, paid, or the service period has commenced, you are prohibited from cancelling your purchase, subject to the following exceptions under the ITA:
5.3. In the event of a defective digital product, system malfunction, or failed delivery of a service without fault on your part, you are entitled to repair, replacement, or a refund. Refund requests must be processed through our Internal Redress Mechanism.
6. Consumer Redress Mechanism and Dispute Resolution
6.1. Pursuant to Section 17 of the Internet Transactions Act of 2023, the Company maintains an internal complaints tracking and referral system to resolve all customer concerns, billing disputes, and service failures.
6.2. Filing a Complaint: You may file a formal complaint by emailing our Customer Service centre at kamusta@gigacover.com
6.3. Resolution Timeline:
All timelines here are subject to the cooperation of the customer.
6.4. Exhaustion of Remedies: Under the ITA, you must exhaust this Internal Redress Mechanism before filing a complaint with any court or government agency. The internal mechanism is deemed exhausted if the complaint remains unresolved after seven (7) calendar days from filing. Any subsequent complaint must be filed with the DTI E-Commerce Bureau within two (2) years from the date the dispute arose.
7. User Conduct and Diligence
7.1. You are required to exercise ordinary diligence in all transactions, information submissions, and use of the platform.
7.2. You are prohibited from using the Services for any fraudulent, illegal, or unauthorized purposes, including but not limited to submitting false claims, hacking, or misrepresenting your identity or health status.
8. Dispute Resolution, Governing Law, and Arbitration
8.1. These Terms shall be governed by and construed in accordance with the laws of the Republic of the Philippines.
8.2. Arbitration Clause: Any dispute, controversy, or claim arising out of or relating to this contract, or the breach, termination, or invalidity thereof, shall be settled by arbitration in accordance with the Philippine Dispute Resolution Center, Inc. (PDRCI) Arbitration Rules in force at the time of the commencement of the arbitration.The number of arbitrators shall be one (1).The place of arbitration shall be Metro Manila, Philippines.The language to be used in the arbitral proceedings shall be English.
8.3. Subject to Section 8.2, any legal action arising from these Terms that cannot be resolved through arbitration shall be filed in the proper courts of Makati City, Metro Manila, Philippines, to the exclusion of all other venues.
