Terms and Conditions
These Terms and Conditions shall apply to all orders made through the Orange Company mobile app (the “Orange App”). By interacting in the Orange App, you agree with, and accept the following:
1. Terms and Conditions and any corresponding changes there to which we may implement upon publication in our sites.
2. Data Privacy Policy in relation to how we process personal data collected from our app and other sites.
3. Terms of Use governing the use of the Orange App herein referred to.
Agreement to Terms
By using the Orange App, you agree with the Terms of Use and Data Privacy Policy which are incorporated herein and published in our websites.
The management of Orange Company may change the Terms of Use at any time in its sole discretion. The revised Terms of Use will be in effect upon posting on the website of Orange Company. Your continued use of the Orange App will mean agreement to the new Terms of Use. Furthermore, staying up to date with changes and updates in the app is your responsibility as a user.
If you do not agree with the Terms of Use, the only remedy is to stop using the Orange App.
Account Creation
A registration process needs to be undertaken before using the Orange App. You will be asked to provide information such as your complete name, present and/or permanent address, mobile number, email address, date of birth, nationality, source of funds, photo of yourself and signature in accordance with the requirements of Know-Your-Customer (“KYC”) requirements of the Bangko Sentral ng Pilipinas. We may verify your registration information through a third party verification vendor, as we may deem necessary. In some cases, we may ask you to provide additional details or information that can aid in verifying your identity.
You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted if you intend to register. Impersonating any person or entity or misrepresenting your identity is prohibited and may be sanctioned according to existing laws. We reserve the right to close, suspend or limit your access to your Orange App account in the event that we are unable to obtain or verify our information.
You are entirely responsible for maintaining the confidentiality of your password and your account as well as for any and all activities made by you or anyone who uses your account. If you believe that your account may have been compromised, you must immediately change your password and/or contact us via email at orangecard@theorangeco.ph. You agree to indemnify and hold harmless Orange Company and its management for losses incurred by Orange Company or another party (rider and merchant partners) due to someone else using your account as a result of your failure to use reasonable care to safeguard your password.
Using the TOP Cash wallet
TOP Cash wallet is a payment gateway used for wireless and cashless transfers. TOP Cash Wallet is not liable for any loss arising from your use of the TOP Cash Wallet to the extent that the loss was caused by:
All transactions made using the TOP Cash Wallet are conclusively presumed made by you and you shall be solely liable therefor.
Applicable fees
The account’s terms and conditions describe the fees and charges which apply to your account. You are responsible for any charges that you may incur from your telecommunications provider. You further agree to pay other fees and charges related to your TOP Cash Wallet and its use, as may be imposed by Orange Company. Fees and other charges, as may be applicable, shall be inclusive of all applicable Philippine taxes and shall be debited from the TOP Cash Wallet or paid up front.
Payment Transactions
The services offered by TOP.ph under these Terms of Service include various products and services that enable its users to buy and sell products and services to customers through the TOP.ph platform. TOP.ph is not involved in the transactions done between the merchant and buyers. TOP.ph is not obliged to verify the completeness, accuracy, and legality of the merchant content that is published in the platform.
Your Information
We may collect information relating to your device for the following reasons (but not limited to):
We may exchange information with the TOP Cash wallet provider (e.g. Apple Pay, Google PayTM, etc.) and related service providers (e.g. MASTERCARD, VISA, etc.):
TOP is not responsible for any loss, injury or other harm you suffer in connection with the use of this personal information by the TOP Cash Wallet provider or any related service provider.
If you do not want us to collect or disclose this information as described, you should not register an account for use with TOP Cash Wallet. If you do not want to receive marketing information, please contact us to opt out.
If you do not want us to collect or disclose this information as described, you should not register an account for use with TOP Cash Wallet. If you do not want to receive marketing information, please contact us to opt out. Our Data Privacy Policy provides further details regarding the collection and handling of your information.
Termination Of Account
The management of Orange Company retains the right to terminate your account and access to the Orange App for any reason, including but not limited to, if Orange Company, in its sole discretion, considers your use to be unacceptable. Orange Company may, but shall be under no obligation to provide you with a warning prior to termination of your use of the app and its services. This will purge all data related to your account.
Account Deletion
Users have the right to delete their accounts by following the correct process of deletion at the TOP.PH app. Users shall take note that account deletion would take some steps and waiting time. However, TOP needs to validate your account first and wallet transaction history to delete your account.
Account deletion is permanent, so please ensure that you have paid all pending balances in TOP Deals, spent TOP Card balances, and cashed out your remaining wallet balances in TOP Cash.
Users shall submit a ticket through the app and fill up the Google form to proceed with the deletion. Upon submission of the request, your account will be deactivated initially. And per R.A. 9160, TOP Customer service shall contact you within five (5) business days to process the Account Deletion Request Form and other necessary steps.
Trademarks and Copyrights
All trademarks, logos, and service marks displayed on the Orange App are registered and unregistered trademarks of Orange Company and/or third parties who have authorized their use. You may not use, copy, reproduce, upload, transmit, or distribute these in any way. The use of Orange Company’s trademarks on any other website or mobile application is strictly prohibited. In cases of misuse and/or abuse, Orange Company will enforce its intellectual property rights to the fullest extent of the law. Furthermore, Orange Company or its management, neither warrants nor represents that your use of materials displayed on the Orange App will not infringe rights of third parties not owned by or affiliated with Orange Company.
Governing Law and Severability
These Terms of Use shall be governed by and construed in accordance with Philippine laws. You hereby agree that the exclusive jurisdiction for any claim or dispute under the Terms of Use and/or your use of the Orange App resides in Philippine courts, and you further hereby agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action.
If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any provision in these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision.
Warranties
Orange Company makes no warranty or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the services and./or the application. It does not warrant that the use of the Orange App will be secure, uninterrupted, free of errors, viruses, or other harmful components, that the app will meet your requirements or expectations, that the stored data, especially on menu offered by our partner-merchants, will be accurate or reliable, and that the quality of any products and/or services acquired through Orange Company will meet your requirements or expectations.
All the services in the Orange App are provided to you on an “as is”, “as available” basis. All conditions, representations and warranties, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby excluded to the extent permissible by law.
Limitations of Liability
Orange Company, its entities, agents, representatives, and service providers shall not be liable for any indirect, special, incidental, consequential, or exemplary damages arising from your use of the Orange App or websites or for any other claim related in any way to your use of the Orange App or websites.
Orange Company shall not be liable for any loss, cost, compensation, damage or liability to you or third party arising from, directly or indirectly, or as a result of any or all of the following:
(1) refusal of Orange Company, any bank, financial institution, ATM or Merchant establishment and the like to allow, accept or honor TOP Cash Wallet;
(2) your inability to perform or complete any transaction through the use of network enabled mobile phone due to service/ system/ line unavailability;
(3) any delay, interruption or termination of the TOP Cash Wallet transaction whether caused by administrative error, technical, mechanical, electrical or electronic fault or difficulty or any other reason or circumstance beyond Orange Company’s control (including but not limited to acts of God, strike, labor disputes, fire, disturbance, action of government, atmospheric conditions, lightning, interference or damage by third parties or any change in legislation);
(4) theft or unauthorized use of TOP Cash Wallet or any loss, costs, damages or payable to any third party by you;
(5) any misrepresentation or fraud by or misconduct of any third party, such as but not limited to owners, employees or TOP Cash Wallet agents.
Orange Company’s liability for any given transaction shall not exceed the total price charged for the relevant items.
Customer Complaints Handling Process
Orange Company is committed to maintaining the highest standards of financial consumer protection. Your requests, feedback and customer needs are our priority. If you have any concerns about a procedure or have encountered a problem with our service, you may contact us via email at orangecard@theorangeco.ph. All information disclosed shall be treated with utmost confidentiality and will be resolved in the most efficient and effective manner.
Orange Company maintains full cooperation with the BSP in Financial Consumer Protection. You may coordinate with BSP’s Financial Consumer Protection Department at (632) 708.7087 or (632) 708.7088). You may also email BSP at consumeraffairs@bsp.gov.ph.