Terms and Conditions

By creating an account, adding a card to your wallet, or otherwise using the Service, you agree to these Terms and to our Privacy Policy, which forms part of them. If you do not agree, do not use the Service.

You must be at least eighteen (18) years old, or have the consent of a parent or legal guardian, to use the Service. If you use the Service on behalf of a Business, you confirm that you have the authority to bind that Business to these Terms, and “you” then includes the Business.

Digicard lets Businesses design and issue digital loyalty, stamp, points and paid-membership cards that their customers keep in Apple Wallet or Google Wallet. Businesses use the Service to set up card templates, share sign-up links and QR codes, record visits, points, sessions and rewards when a card is scanned, and send messages and updates to issued cards.

Digicard provides the software. We are not a party to the relationship between a Business and its Cardholders, and we do not sell, sponsor or guarantee the goods, services, rewards or memberships a Business offers through its cards.

Every reward, stamp, point, session, package and membership on a card is offered and honoured by the Business that issued the card, not by Digicard. The Business decides how units are earned, what they can be exchanged for, how long they last, when they expire, and when a membership starts and ends. Digicard applies those rules as the Business has configured them.

Any payment for a membership, package or other offer is made to the Business under its own terms. Digicard does not process those payments and is not responsible for refunds.

Digicard is not liable if a Business fails to honour a reward or membership, changes or ends its card program, runs out of a reward, closes a branch, or stops operating. Unless the Business says otherwise, rewards and points have no cash value and cannot be transferred. Questions or complaints about a card program should go to the Business first.

When you add a card to your wallet, you give the Business the details it asks for on its sign-up page, and the Business and Digicard use them as described in the Privacy Policy. Please give accurate details. You are responsible for keeping your device and the card on it secure; anyone who can show your card’s QR code can have it scanned.

You can remove a card from your wallet at any time. Removing it from your device does not by itself delete the card record the Business holds. To have your details corrected or deleted, contact the Business, or email support@digicard.tech.

If you use Digicard as a Business, you agree that:

• You are the personal information controller for the data of your Cardholders, and you are responsible for having a lawful basis to collect it, for telling Cardholders how you use it, and for answering their requests under the Data Privacy Act of 2012 (Republic Act No. 10173).
• You only ask Cardholders for information you actually need for your card program.
• You honour the rewards, memberships, sessions and points your cards display, and you are responsible for the accuracy of your card terms, prices and expiry rules.
• You are responsible for everyone you invite to your organization, including staff who scan cards at your branches, and for what they record.
• You only send messages to Cardholders that relate to their card and that you are allowed to send.

Business accounts sign in with a one-time code sent to their email address. Keep access to that email address secure, keep your account details accurate, and do not share your account with anyone else. Each person who needs access should be invited to the organization with their own account.

You are responsible for all activity under your account. If you believe your account has been used without permission, tell us right away at support@digicard.tech.

You agree not to use the Service to:

• Break any law, or help anyone else break one.
• Upload or send anything false, misleading, defamatory, obscene, harassing, discriminatory, or that infringes anyone’s intellectual property or privacy.
• Impersonate a person or business, or issue cards in the name of a business you do not represent.
• Send spam or unsolicited promotions.
• Collect personal information about people without their knowledge, or for a purpose unrelated to your card program.
• Upload viruses or other harmful code, or interfere with, overload or disrupt the Service.
• Access the Service with bots, scrapers or other automated tools, except through an interface we provide for that purpose.
• Probe, scan or test the security of the Service, or get around any access control or usage limit.
• Copy, resell or reverse-engineer the Service.
• Use another person’s account, card or information without permission.

Businesses upload content such as logos, artwork, card designs, reward names and messages (“Business Content”). You keep ownership of your Business Content. You grant Digicard a non-exclusive, worldwide, royalty-free licence to host, copy, resize, convert and display it, and to send it to Apple and Google, only as needed to provide the Service to you. This licence ends when the content is deleted, except for copies we must keep for legal reasons or that sit in routine backups for a limited time.

You confirm that you have the rights to your Business Content and that it does not infringe anyone else’s rights. We do not review Business Content in advance, but we may remove or disable content that breaks these Terms or the law.

Digicard and its licensors own the Service, including its software, design, text and the Digicard name and logo. Apart from the limited right to use the Service under these Terms, nothing in them gives you any right in our intellectual property. You may not use our name or logo in a way that is likely to confuse people or that disparages Digicard.

Third-party names and marks, including Apple Wallet and Google Wallet, belong to their owners.

If you believe content on the Service infringes your copyright or other rights, email support@digicard.tech with enough detail for us to find the content, your contact details, and the basis of your claim. We will review the report and act on it as the law requires, and we may close the accounts of people who repeatedly infringe.

Subject to these Terms, Digicard gives you a limited, non-exclusive, non-transferable, revocable licence to use the Service: as a Business, to run your own card program; as a Cardholder, to keep and use cards issued to you. Any use not allowed by these Terms is prohibited and may lead to your access being ended.

Cards are delivered through Apple Wallet and Google Wallet. Your use of those apps is governed by Apple’s and Google’s own terms and privacy policies, and Digicard does not control them. Apple or Google may decline, delay, change or remove a pass, and a Business’s card may need Apple or Google approval before it is widely available.

The Service may link to websites we do not operate, including a Business’s own site. We are not responsible for their content or practices. Dealings between you and a third party are between you and that third party.

Our Privacy Policy explains what personal information the Service collects, how it is used and shared, and the rights you have under the Data Privacy Act of 2012. For Cardholder data, the Business that issued the card is the personal information controller and Digicard processes the data on the Business’s behalf.

You may stop using the Service at any time. A Business may close its account by contacting us at support@digicard.tech.

We may suspend or end your access, with or without notice, if you break these Terms, if your use puts the Service, other users or the public at risk, or if the law requires it. If a Business account is closed, the cards it issued may stop updating and may no longer be scannable.

We may change, suspend or discontinue any part of the Service. We may also update these Terms. When we do, we will change the “Last updated” date above, and for significant changes we will give notice through the Service or by email. By continuing to use the Service after a change takes effect, you accept the updated Terms.

We may publish additional terms for specific features. If they conflict with these Terms, the additional terms apply to that feature.

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT ALLOWED BY LAW, DIGICARD DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF TITLE, QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

DIGICARD DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR NEEDS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT CARD BALANCES OR WALLET UPDATES WILL ALWAYS BE CURRENT, OR THAT ERRORS WILL BE CORRECTED. THE SERVICE DEPENDS ON THINGS OUTSIDE OUR CONTROL, INCLUDING APPLE, GOOGLE, INTERNET CONNECTIONS AND DEVICES. YOU USE THE SERVICE AT YOUR OWN RISK.

TO THE FULLEST EXTENT ALLOWED BY PHILIPPINE LAW, DIGICARD AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA OR GOODWILL, ARISING FROM OR RELATED TO THE SERVICE, EVEN IF WE WERE TOLD SUCH DAMAGES WERE POSSIBLE. THIS INCLUDES DAMAGES CAUSED BY OUTAGES, DELAYS, LOST OR INCORRECT CARD DATA, A PASS THAT APPLE OR GOOGLE REFUSES OR REMOVES, OR THE END OF YOUR ACCESS.

DIGICARD IS NOT LIABLE FOR THE ACTS OR OMISSIONS OF A BUSINESS OR A CARDHOLDER, INCLUDING A BUSINESS’S FAILURE TO HONOUR A REWARD, MEMBERSHIP, SESSION, PACKAGE OR POINTS BALANCE, OR ITS HANDLING OF CARDHOLDER DATA OUTSIDE THE SERVICE.

IN NO EVENT WILL DIGICARD’S TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICE EXCEED THE AMOUNT YOU PAID DIGICARD IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR, IF YOU PAID DIGICARD NOTHING, PHP 1,250.00.

You agree to defend, indemnify and hold harmless Digicard, its affiliates, and their directors, officers, employees and agents from any claims, losses, damages and expenses, including reasonable legal fees, arising from (a) content you upload or send through the Service, (b) your use of the Service in breach of these Terms or the law, and (c) if you are a Business, your card program, including the rewards and memberships you offer and your handling of your Cardholders’ personal information. We may take control of the defence of any such claim at our own expense, and you may not settle one without our written consent.

Negotiation first

If a dispute arises between you and Digicard, both of us will first try to resolve it informally for at least thirty (30) days after one side gives the other written notice of it. Send notice to support@digicard.tech.

Binding arbitration

If negotiation does not resolve the dispute, it will be settled by final and binding arbitration administered by the Philippine Dispute Resolution Center, Inc. (PDRCI) under its rules. The arbitration will take place in Metro Manila, Philippines, unless both sides agree to another place or to hold it online. The costs of arbitration will be shared equally unless the arbitrator decides otherwise. The arbitrator’s decision is final, subject only to the limited review the law allows.

Individual claims only

Disputes will be arbitrated only on an individual basis. Neither side may bring a claim as part of a class or representative action, or join its arbitration with anyone else’s.

Exceptions

Either side may go to court to protect its intellectual property, to address theft, unauthorized access or invasion of privacy, or to seek urgent equitable relief. Either side may also bring an individual claim in small claims court if it qualifies, within one (1) year after the claim arises.

If any part of this section is found unenforceable, the rest still applies. If arbitration is found not to apply at all, disputes will be resolved in the courts described in the next section.

These Terms and any dispute about the Service are governed by the laws of the Republic of the Philippines, without regard to conflict-of-law rules. Subject to the dispute resolution section above, any court action will be brought exclusively in the proper courts of Metro Manila, Philippines, and you agree to their jurisdiction and venue.

If Digicard has to take action to enforce these Terms against you, including to collect amounts owed, Digicard may recover its reasonable legal fees and costs from you, in addition to any other remedy available under law.

You agree to receive communications from us electronically, mainly by email and through the Service. Notices we send electronically count as being “in writing”, and are treated as received within twenty-four (24) hours after we email them to the address you gave us or post them on the Service. Emails that are part of the Service itself, such as sign-in codes and card links, are sent to the address entered for them.

You are responsible for the devices, software and internet connection you need to use the Service, including a phone that supports Apple Wallet or Google Wallet, and for any costs of them.

These Terms, the Privacy Policy and any additional terms we publish for a specific feature are the entire agreement between you and Digicard about the Service. A Business that has signed a separate written agreement with Digicard is also bound by it, and that agreement prevails where it conflicts with these Terms.

These Terms can only be changed as described above or by a written document signed by an authorized representative of Digicard. No oral agreement or statement changes them.

If any part of these Terms is found invalid or unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver of it. You may not transfer your rights under these Terms without our consent; we may transfer ours as part of a merger, acquisition or sale of assets.

Questions about these Terms can be sent to Digicard, by Anteriore, at support@digicard.tech.