Terms of Use and Terms of Service Cardholders

KINDLY READ THIS AGREEMENT CAREFULLY BEFORE USING ANY BEEPXTRA PHILIPPINES, INC. (“BXTRA”) SERVICE, APPLICATION OR WEBSITE. THIS IS A LEGALLY BINDING AGREEMENT BETWEEN BXTRA AND YOU, INCLUDING ANY BXTRA CUSTOMER, USER, OR WEBSITE VISITOR (collectively referred to herein as the "Customer").

TERMS OF SERVICE

These Terms of Service form part of an agreement ("Agreement") between BXTRA, and the Customer. This Agreement governs the provision by BXTRA of services relating to its customer loyalty program and optional services and features (the "Service") and is effective as of the moment the Customer indicates agreement on any BXTRA Application and/or website, or from the moment the two parties sign a paper version or customer sign up form, or as of the moment the Customer uses any BXTRA service or website, whichever comes first.

In addition to these Terms of Service, this Agreement consists of the Privacy Policy which is likewise posted at http://www.bxtra.com.ph/en/privacy-policy and the BXTRA Application and, where applicable, Addendum Merchant Terms for the BXTRA PH Service and other references made herein.

1) The Service 

a) BXTRA will provide the Service pursuant to this Agreement. The Customer agrees that the Service is for business use as well as for consumers, and the Customer hereby affirms that it is duly authorized to enter into this Agreement, it is not an individual less than 18 years old and authorized to do business in compliance with Philippine laws and local ordinances. If a juridical entity, the Customer affirms that it is duly organized and existing under Philippine laws.

b) Upon the Customer’s request, the Service may include optional features ("Optional Features") as are reflected in any BXTRA proposal accepted by the Customer or any other ordering records maintained by BXTRA (collectively, "Sign Up"). Optional Features may include:

i) BXTRA PH;

ii) Consulting or other professional services provided by BXTRA's staff (including, but not limited to, independent contractors operating under BXTRA); and

iii) Business applications and other products and services the Customer requires. Optional Features are subject to the same terms and conditions as the Service, including without limitation to the disclaimers and limitations of liability in Section 9 below, except as specifically set forth in this Agreement. Optional Features are also subject to the terms and conditions of any statement of work executed by authorized representatives of the Customer and BXTRA

c) The Service does not include any software, consulting service, or other product or service not provided by BXTRA (collectively, "Third Party Products and Services").

i) Third Party Products and Services include: (A) any third party consulting services that assists the Customer in utilizing the Service or otherwise related to the Service, including such services provided by third parties which BXTRA has referred to the Customer; and (B) any and all software and other products and services the Customer acquires through any BXTRA website designated as “Provided by (name of third party)."

ii) THIRD PARTY PRODUCTS AND SERVICES ARE NOT PART OF THE SERVICE, AND THE CUSTOMER ACQUIRES THEM DIRECTLY FROM THE THIRD PARTY PROVIDER pursuant to such contract as the Customer and the third party provider may execute. BXTRA IS NOT RESPONSIBLE OR LIABLE FOR ANY THIRD PARTY PRODUCTS AND SERVICES, EVEN IF BXTRA REFERS THE THIRD PARTY PROVIDER, EVEN IF THE THIRD PARTY PRODUCTS AND SERVICES ARE RELATED TO THE SERVICE OR TO THE CUSTOMER'S ABILITY TO RECEIVE OR EXPLOIT THE SERVICE, AND EVEN IF BXTRA ACTS AS THE THIRD PARTY PROVIDER'S AGENT IN DELIVERING THE THIRD PARTY PRODUCT OR SERVICE, IN COLLECTING PAYMENT, OR IN OTHER WAYS WITHOUT LIMITING THE GENERALITY OF THE FOREGOING. BXTRA WILL HAVE NO RESPONSIBILITY OR LIABILITY FOR MAINTENANCE, UPDATES, OR UPGRADES OF THIRD PARTY PRODUCTS AND SERVICES OR FOR INTELLECTUAL PROPERTY INFRINGEMENT BY THIRD PARTY PRODUCTS AND SERVICES, AND BXTRA PROVIDES NO WARRANTY OR INDEMNITY RELATED TO THIRD PARTY PRODUCTS AND SERVICES.

In the event that BXTRA is held responsible or liable for Third Party Products and Services, despite the provisions of this Subsection 1(c)(ii), such responsibility or liability will be subject to the disclaimers and limitations of liability in Section 9 below.

2) Cashbacks

a) The Customer shall solely determine the amount/rate of Cashback and the product/s to which the same applies, and, for each transaction, shall be responsible for entering said amount/rate into the system as the transaction occurs.

b) Cashbacks extended by a Customer, as entered into the system, shall be collected by BXTRA within 7 days from issuance of a statement thereon and shall be paid to the Customer upon whom the same are redeemed. Should such Customers be the same, BXTRA may resort to off-setting.

c) BXTRA shall not, in any way, be responsible for the erroneous entry of Cashbacks into the system.

d) Generally, Cashbacks are paid for and on behalf of Customers who issued them. As such, they do not form part of BXTRA’s revenue. This, however, shall be subject to tax laws and regulations of the country/area concerned.

3) Service Fee & Terms

a) In consideration for the Service, the Customer agrees to pay BXTRA a standard Transaction Fee of the amount equivalent to 2.75% of transactions subjected to Cashback and such other fees agreed upon in the Sign Up, plus Value Added Tax, if applicable.

b) BXTRA shall bill the Customer on a monthly basis which shall be sent through the email address provided by the Customer in the customer Sign Up. Each bill shall set forth, among others, the amount of fees and the details thereof, Cashback extended, top-up requested and redeemed, offsetting of amounts/charges due to/from BXTRA and VAT on the transactions. The Customer shall pay BXTRA the amount due within 7 days from receipt of the bill through email.

4) Term and Termination

a) This Agreement will continue for a period of one (1) year from effectivity and shall renew annually unless terminated by either party pursuant to the procedures set forth in this Section 4.

b) The Customer may terminate this Agreement for material breach, effective on 30 days' written notice specifying the nature of the breach, provided this Agreement will not terminate if BXTRA cures the breach before the effective date of termination. Customers with no outstanding liabilities to BXTRA may also terminate this Agreement for convenience. In such case, Customer will provide notice of any termination in writing.

c) BXTRA may terminate the Service, any portion thereof including Optional Features, or this Agreement for material breach, including without limitation any breach of the provisions of accepted offers and quotations, with notice provided that BXTRA may likewise terminate this Agreement without notice for serious violations as defined in the Schedule of Violations posted at your Merchant Member Dashboard. BXTRA is not required to refund any fees paid or prepaid after such termination. BXTRA may also terminate this Agreement for convenience at any time. BXTRA will provide 30 days advance written notice of any termination for convenience.

5) Acceptable Use Policy (AUP) and Schedule of Violations

a) The Customer represents that it has read all AUPs applicable to the Services in addition to this Section 5 and Schedule of Violations, and Customer will adhere to the same.

i) The Customer will not allow the Service to be used for illegal or improper activities or in any way that violates applicable laws or regulations and AUPs. Without limiting the generality of the foregoing, the Customer shall not: 1) Interrupt, impair or harm the Service, 2) Send unsolicited messages; 3) Send materials which are obscene, libelous or tortious or which infringe intellectual property and/or privacy rights; 4) Send viruses, worms, trojan horses or other harmful programs; 5) Attempt any unauthorized access; and 6) Impersonate any person or entity.

Third party violations of the AUP and Schedule of Violations using or through the Customer's service/use, including, points of access to the internet, systems, software, or equipment assigned to the Customer, will be considered violations by the Customer. 

ii) Notwithstanding any provision to the contrary in this Agreement, and without limiting any of BXTRA's rights or remedies, BXTRA may suspend the Service in whole or in part in the event that BXTRA reasonably suspects a violation of AUP and Schedule of Violations. Reasonable suspicion pursuant to the preceding sentence includes, without limitation, a third-party notice or claim that the Customer's use of the Service infringes on third party rights. BXTRA will make reasonable efforts to notify the Customer before any such suspension, unless the violation calls for immediate action to prevent injury or liability, in BXTRA's opinion and at its sole discretion. Suspension pursuant to this Subsection 5(a)(ii) may continue so long as BXTRA reasonably suspects a violation of AUP and Schedule of Violations. BXTRA is not liable for any Service suspension authorized by this Subsection 5(a)(ii), or for any related loss, even if the suspected AUP violation did not occur.

iii) BXTRA has no obligation to monitor the Service for violations of AUP and Schedule of Violations or for other illegal or improper conduct but may do so and may disclose information regarding the use of the Service to satisfy laws, regulations, or governmental, legal, or law-enforcement requests; to operate the Service properly; and to protect itself and its customers. In connection with this, BXTRA may grant law enforcement agencies access to its equipment, including equipment used to provide the Service to the Customer.

iv) Use of unofficial material not provided by BXTRA, must first be submitted to BXTRA and written consent must be obtained with a BXTRA Compliance Watermark.

v) Before inviting any shop, company or organisation an initial communication must first be established. 

vi) BXTRA does not condone the use of spamming.

6) Service Levels & Remedies

a) BXTRA will not be liable for Service interruptions or any other Service failures. In the event of hardware failure, BXTRA will make reasonable efforts to recover lost data, but data-recovery is not guaranteed.

b) All Service features are provided pursuant to the provisions of Section 7 below and the other terms and conditions of this Agreement.

7) Maintenance & Security

a) BXTRA may interrupt the Service to perform maintenance on BXTRA equipment or to address and/or mitigate the effects of security breaches, virus attacks, denial of service attacks, and other intentional interferences by third parties. BXTRA will exercise reasonable efforts to inform the Customer before interrupting the Service and to repair the Service promptly.

b) The Customer will promptly report any Service failure to BXTRA via the chat support system. BXTRA is not responsible for providing physical access to or copies of software, data, or content stored on BXTRA's equipment under any circumstances and is not required to provide access

i) after any termination or suspension of the Service or
ii) in the event of hardware failure, abuse by hackers or other third parties, improper administration by the Customer, or other interruption of network access.

8) Private and Confidential Information

a) BXTRA will adhere to the provisions of the Privacy Policy. BXTRA is not responsible for use or misuse of data by any third party, including without limitation providers of Third Party Products and Services. Customer confirms that BXTRA is not the controller of any information or data in such cases. BXTRA may notify Customer of leaks or exposure of such information or data, but except to the extent required by law, BXTRA is not required to provide such notification.

b) The Customer will not use Confidential Information (as defined below) for any purpose other than to facilitate the Service. Except as specifically authorized in writing in advance by BXTRA, the Customer will not disclose Confidential Information to any third party, and will prevent any such disclosure of Confidential Information in the Customer's possession or control. Without limiting the generality of the foregoing, the Customer will take reasonable precautions to protect Confidential Information and will not disclose Confidential Information to any of its employees or contractors who do not need to know. Notwithstanding the foregoing, the Customer may disclose Confidential Information as required by applicable law or by proper legal or governmental authority; provided the Customer gives BXTRA advance notice reasonably sufficient to allow BXTRA to seek a protective order or otherwise to contest such required disclosure, and reasonably cooperates in such effort. The Customer will promptly notify BXTRA in writing of any misuse or misappropriation of Confidential Information that comes to the Customer's attention and will cooperate with BXTRA in investigating any such misappropriation and in mitigating any damages caused. Upon termination of this Agreement or upon BXTRA's written request, the Customer will return all Confidential Information to BXTRA and certify, in writing, the destruction of any copies thereof.

i) "Confidential Information" refers to any information BXTRA provides to the Customer in any form and marks "Confidential," and any information BXTRA discloses orally and identifies as "Confidential" on or before disclosure. However, Confidential Information does not include information that: (A) is in the Customer's possession at the time of original disclosure by BXTRA; or (B) becomes known publicly, before or after disclosure, other than as a result of the Customer's improper action or inaction.

ii) The Customer agrees that breach of the provisions of this Subsection 8 (b) might cause BXTRA irreparable injury for which monetary relief would not provide adequate compensation, and that in addition to any other remedies available, BXTRA will be entitled to preliminary, temporary, and/or permanent injunctive relief against such breach or threatened breach, without the necessity of proving actual damages.

c) Data Privacy

The Customer shall comply with all the requirements of Republic Act No. 10173,otherwise known as the Data Privacy Act of 2012, its Implementing Rules and Regulations, the National Privacy Commission’s issuances, and all other laws, rules, regulations and government issuances relevant to data privacy and data protection (“Philippine Privacy Laws”).

The Customer shall be solely and exclusively liable for any breach of its obligations under Philippine Privacy Laws. Customer shall indemnify and hold BXTRA free and harmless from any direct, actual and documented liability, damages, claims, action, expenses, losses, or fees that may arise from breach or violation in relation to personal data under this Agreement and Philippine Privacy Laws.

The Customer agrees that it will process personal data only for rendering the Service or upon a project participant’s instance or request, to facilitate such participant’s entry in contests, programs and projects implemented together with BXTRA.

The Customer shall delete any all personal data which have not be processed for a period one (1) year, or upon expiration/termination of this Agreement, whichever comes first.

The Customer, under no circumstances, may share personal data to third parties and shall keep the same strictly confidential.

The Customer undertakes to maintain security standards, processes and procedure appropriate to the nature of the personal data.

The Customer agrees to ensure that its directors, officers, nominees, employees and/or agents are bound by the provisions of this Section 8.

The obligation under this section shall survive the termination or expiration of this Agreement.

9) Warranties, Disclaimers & Limitations of Liability

a) BXTRA MAKES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. BXTRA does not warrant that the Service will be uninterrupted, error-free or compatible with specific mobile devices or other hardware. The Service is provided with no warranties regarding protection from attacks, data integrity or data availability. No communication between the Customer and BXTRA will create a warranty or in any way alter or restrict any disclaimer of warranty or limitation of liability set forth in this Section 9 or elsewhere in this Agreement. As used in the previous sentence, "communications" include, without limitation, marketing materials and representations of sales personnel, advice provided by BXTRA or any of its representatives, quotes, the Customer's Sign Up, and any work order or other ordering document.

b) BXTRA WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR MULTIPLE DAMAGES, EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. 

c) Except to the extent specifically provided by this Agreement and except to the extent that applicable law specifically forbids such limitation of liability, BXTRA WILL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS, OR PROCEEDINGS RESULTING FROM ANY OF THE FOLLOWING OR FROM ANY BXTRA EFFORTS TO ADDRESS OR MITIGATE ANY OF THE FOLLOWING:

i) SECURITY BREACHES, INCLUDING WITHOUT LIMITATION EAVESDROPPING, THIRD PARTY ACCESS TO THE CUSTOMER DATA OR TO ASSIGNED TERMINALS, THIRD PARTY ACCESS TO OR MISUSE OF PASSWORDS PROVIDED TO/BY BXTRA;

ii) RELEASE OR EXPOSURE, FOR ANY OTHER REASON, OF SENSITIVE OR PERSONAL INFORMATION OR OTHER PERSONAL DATA, INCLUDING DATA BELONGING TO THE CUSTOMER'S OWN CUSTOMERS AND OTHER USERS;

iii) DENIAL OF SERVICE ATTACKS, VIRUSES, WORMS, AND OTHER INTENTIONAL INTERFERENCE BY THIRD PARTIES, INCLUDING WITHOUT LIMITATION BY OTHER BXTRA CUSTOMERS; 

iv) LOSS OF DATA OR LOSS OF ACCESS TO DATA; 
v) ACTIONS OF THIRD PARTIES, INCLUDING WITHOUT LIMITATION OTHER BXTRA CUSTOMERS AND THIRD PARTY PRODUCTS AND SERVICES PROVIDERS;

vi) ACTIONS OF BXTRA EMPLOYEES, AGENTS, OR CONTRACTORS ACTING OUTSIDE THE SCOPE OF THEIR DUTIES; 

vii) MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF DATA, ERRORS, DEFECTS, DELAYS IN OPERATION, OR OTHER FAILURES OF PERFORMANCE OF THE SERVICE, INCLUDING WITHOUT LIMITATION ACCIDENTAL DISCONNECTION AND TERMINATION OF SERVICE; 

viii) THE ACCURACY, COMPLETENESS, AND USEFULNESS OF THE SERVICE; AND

ix) COMPATIBILITY OF THE SERVICE WITH DEVICES OR HARDWARE.

d) THE LIABILITIES LIMITED BY THIS SECTION 9 APPLY:

i) TO LIABILITY FOR NEGLIGENCE;

ii) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT PRODUCT LIABILITY, OR OTHERWISE;

iii) EVEN IF BXTRA IS ADVISED IN ADVANCE OF THE POSSIBILITY OF THE DAMAGES IN QUESTION AND EVEN IF SUCH DAMAGES WERE FORESEEABLE; AND

iv) EVEN IF THE CUSTOMER'S REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE.

BXTRA's limitations and exclusions of liability and disclaimers of warranty, set forth in this Section 9 and elsewhere in this Agreement apply equally to BXTRA's officers, employees, agents, contractors, representatives, suppliers, subsidiaries, parents, and affiliated companies. The Customer acknowledges and agrees that BXTRA has set its prices and entered into this Agreement in reliance upon such limitations of liability, and that such limitations of liability form an essential basis of the bargain between BXTRA and the Customer.

10) Indemnity

The Customer will defend, indemnify, and hold harmless BXTRA (including its officers, employees, agents, contractors, representatives, suppliers, subsidiaries, parents, and affiliated companies) from claims of any of the Customer's customers or users, or any other third party, arising out of or related to the Customer's use of, misuse of, or failure to use the Service, including without limitation:

a) alleged Customer conduct that would breach this Agreement, including alleged infringement of intellectual property or privacy rights;

b) security breaches or other alleged faults in the Service, faults leading to the release or exposure of personal information or other private data

c) any action taken by BXTRA as part of an investigation into a suspected violation of this Agreement or as a result of its conclusion that a violation has occurred. Such Customer obligation includes payment of losses, expenses, damages, judgments, settlements, and costs, including without limitation attorneys' fees; and

d) violation of AUP and Schedule of Violations.

11) Removal of Merchants from BXTRA

If BXTRA management decides for any reason that a Customer is not a good representation of the Service, it will be removed from the system including the website and Application with a view to cancel the Agreement.

12) Miscellaneous

a) Title and intellectual property rights to the Service, including applications and website, and all components thereof are owned and shall continue to be owned by BXTRA and its licensors and suppliers. All hardware and addresses provided by BXTRA are lent to the Customer temporarily only for use intended under this Agreement and remain BXTRA's sole and exclusive property. This Agreement does not grant the Customer any ownership or license to any application or software used to provide the Service or associated with the Service (collectively, "Software"), or to any other software, by implication, by estoppel, or otherwise. Without limiting the generality of the foregoing, the Customer will not reproduce, reverse engineer, decompile, or disassemble the Software. The logos, service marks, and trademarks (collectively, "Trademarks") displayed on BXTRA's website and Application or through the Service, whether or not registered belong to BXTRA and its licensors, suppliers and customers. Neither this Agreement nor any BXTRA Application or website grants a license to any Trademark, by implication, by estoppel, or otherwise. BXTRA may include the Customer's name in any list of the customers used for marketing or other purposes.

b) The Customer is responsible for maintaining the confidentiality of its usernames and passwords, and the Customer will not transfer or sell to any third party such usernames or passwords, or Customer's access to the Service.

c) BXTRA is not obligated to sell the Customer any service feature not listed in the Customer's Sign Up, or to provide more services than required by such Sign Up.

d) During the term of this Agreement and for 365 days thereafter, the Customer will not encourage or solicit any BXTRA employee or independent contractor to leave BXTRA's employ, or otherwise interfere with BXTRA's employment relationships.

e) No remedy of BXTRA provided in this Agreement for late payment, declined credit, or other breaches will limit any other right or remedy of BXTRA at law or in equity.

f) All written communications to the Customer will be deemed delivered if sent to the contact points provided to BXTRA. Customer will include a valid e-mail address with such contact points. All written communication to BXTRA will be mailed by the Customer, unless BXTRA notifies the Customer in writing of alternate contact information, except to the extent that this Agreement provides that such communication will be made through a specific point.

g) BXTRA MAY REVISE THIS AGREEMENT FROM TIME TO TIME BY POSTING AN AMENDED VERSION AT ANY BXTRA APPLICATION AND/OR WEBSITE.

h) This Agreement is to be construed in accordance with and governed by the laws of the Republic of the Philippines without giving effect to any choice of law rule that would cause the application of the laws of any other jurisdiction other than the laws of the Republic of the Philippines to the rights and duties of the parties. The parties hereby consent to the exclusive jurisdiction and venue of the courts of the Republic of the Philippines.

i) To resolve any complaint regarding the Service or receive any further information regarding the Service, the Customer should contact BXTRA at support@bxtra.ph or such contact points provided on BXTRA's website under "Contact Us".

j) The Customer will not use the Service in any way that violates applicable laws or regulations.

k) No delay, failure, or waiver of either party's exercise or partial exercise of any right or remedy under this Agreement will operate to limit, impair, preclude, cancel, waive, or otherwise affect such right or remedy. To the extent caused by force majeure, no delay, failure, or default will constitute a breach of this Agreement.

l) The Customer may not assign this Agreement or any of its rights or obligations hereunder without BXTRA's express written consent. Except to the extent forbidden in the previous sentence, this Agreement will be binding upon and inure to the benefit of the respective successors and assigns of the parties.

m) If any provision of this Agreement is held invalid, illegal, or unenforceable, including without limitation as a result of unconscionability or inconsistency with public policy, such provision will be construed so as to come as close as possible to its intended meaning, and the validity, legality, or enforceability of the remaining provisions will in no way be impaired.

n) This Agreement, including those documents incorporated by reference, embodies the final, full, and exclusive statement of the agreement between the parties, and supersedes all prior agreements, negotiations, representations, and proposals, written or oral, relating to its subject-matter.

o) In case of loss of card, it is the responsibility of the Customer to inform BXTRA via the chat support system.

ADDENDUM MERCHANT TERMS FOR BXTRA PH SERVICE

IN ADDITION TO THE TERMS OF SERVICE, THE FOLLOWING SHALL APPLY WHEN THE CUSTOMER AVAILS OF THE BXTRA PH SERVICE  

1. Customer’s representations
2. The Customer represents and warrants that all information it provides to BXTRA and/or lodges in its platform including, but not limited to, information on its business, goods, products and services are complete, truthful, accurate and not misleading.
3. If any text or image you provide BXTRA or otherwise lodge in its platform is covered by intellectual property rights, you hereby grant BXTRA a limited, non-exclusive, royalty-free and transferable license to use, modify, run, copy, publicly perform or display and create derivative works thereof and represent and/or undertake that you have the right to grant us the same.

1. Additional Disclaimers, Undertakings and Limitations of Liability
2. General
3. BXTRA merely bridges the Customer with its cardholders/members (“End Users”). The goods, products and services, including delivery services, ordered (collectively the “Items”) are supplied and/or rendered solely by the Customer. BXTRA does not and will not own, offer or resell the Items directly to the End Users.
4. The Customer agrees that any liability and responsibility in relation to such Items shall solely be borne by it and not by BXTRA. As such, the Customer shall protect and defend and hold BXTRA free and harmless from any liability, cause of action or claim, which may be filed by any of the End Users, against BXTRA arising from or in connection with the Items.
5. The Customer shall be responsible for handling any and all complaints from End Users in respect of Items including rectification measures thereon.
6. The prices of the Items are solely determined by the Customer and are listed in BXTRA PH and website for information purposes only.
7. For all transactions made through BXTRA PH, we shall require you to extend a minimum Cashback to be indicated in the customer sign up form.
8. All Cashback redemptions shall automatically be made in the BXTRA system. Issuance of Cashback shall be processed by the Customer through the Online Terminal System.
9. Customer undertakes not to lodge, post or reproduce any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent and authority from the owner of such rights. In case of breach, the Customer shall protect and defend and hold BXTRA free and harmless from any liability, cause of action or claim, which may be filed by the owner of said rights against BXTRA.
10. BXTRA reserves the right to cancel or suspend the Customer’s account and orders of End Users, if, in its sole discretion, suspects or detects any fraudulent behavior or activity. 
11. Specifically, but without limiting the generality of the foregoing, the Customer agrees to the following:
12. Items
13. The Customer is responsible for the preparation, condition, quality and rendition of the Items.
14. BXTRA makes no representation or warranty, express or implied, nor assumes liability, for the quantity, quality, condition or any other representation on/of the Items including their details and image.
15. The Customer agrees that it shall bear all risks arising from the Items and shall have no recourse against BXTRA with respect to the same.
16. Availability of the Items are at the sole discretion of the Customer.
17. For orders for alcoholic beverages, tobacco and other regulated products, the Customer undertakes to ask for valid proof of statutory minimum age and refuse delivery if the End User is unable to comply.
18. BXTRA is unaware of and is not obligated to provide ingredient information and allergen warnings. BXTRA does not warrant that the Items are free of allergens. You shall contact End Users for actual and/or potential allergens in the Items.
19. Delivery, dine-in and pick-up
20. BXTRA does not control, warrant, assess nor monitor the suitability, legality, speed and all aspects of business operations of the Customer including those rendering third-party delivery services.
21. You expressly waive and release BXTRA from any and all liability, claims or damages arising from or in any way related to deliveries, dine-ins and pick-ups.
22. Deliveries may only be made by Customers rendering third-party delivery services.
23. Deliveries may be cancelled if/when:
24. information on the End User’s delivery address are inaccurate or incomplete;
25. the End User, or its authorized representative, is not present at the delivery address or cannot be contacted at the time of delivery for a period of 10 minutes from the arrival of the Items; and
26. sudden unavailability of Items ordered due to delay in providing information to proceed with the transaction.

III. Payments

1. Prior to confirming an order, you shall provide us with a breakdown of prices and additional charges, including but not limited to delivery charge (if you shall be making the delivery), which shall be relayed to the End User.
2. Orders will only be processed once payment is verified by the Customer.
3. End Users may cancel orders prior to the processing of their orders.
4. Payments may be made by way of 
5. Cashback redemption. For Cashback redemption, the invoice (for goods) or official receipt (for services) covering the transaction should be issued to and in the name of BXTRA PHILIPPINES, INC. and in the form and manner in compliance with relevant Philippine tax regulations.

2. Bank deposit and electronic money transfer made directly by the End User to the Customer’s nominated account. The details of such account shall be directly provided by you or your authorized representative. BXTRA does not warrant the accuracy, existence or legality of such account and shall not in any way be responsible of any and all issues relating thereto.

- You acknowledge and confirm that BXTRA has no involvement whatsoever in the deposit or transfer and any delay relating to its confirmation and, as such, may not be held liable in connection with any and all issues thereto;

3. Cash on Delivery (“COD”) to be arranged with a Third Party Provider and in accordance with its COD purchase limit; and
4. Such other payment method we would offer from time to time.