Terms of Use

 

Welcome! Please note that this agreement is a legally binding contract that should be read in its entirety.

 

Before availing of the Sendah Service ("Sendah" or the "Service"), please take the time to read these Terms of Use ("TOU"), which govern the terms under which you may access and use this site and the Service.

 

By using the Service, you acknowledge that you have read and understood the TOU and you agree unconditionally to be bound by its terms and conditions, and all amendments, revisions and additions which we may at our absolute discretion effect from time to time, without notice to you, by posting the updated TOU on this site.

 

The words "You", "Your" and "Yours" refer to Sendah users. The words "We", "Us" and "Our" refer to Ayannah Information Solutions.

 

In consideration of your use of the Service, you agree that:

  1. ACCEPTANCE

    By using the Service, you have accepted and agreed to be bound by all operational rules and general terms and conditions governing the Service, including without limitation all the following sections of this TOU. You likewise agree to be bound by any and all laws, rules, regulations and official issuances applicable to the Service, now existing or which may hereinafter be issued and prevailing at the time of your use of the Service, as well as such other terms and conditions governing the use of other facilities, benefits or services which we may make available to you in connection with Sendah.

  2. OVERVIEW OF THE SERVICE

    Accessing the Service allows you to send items as may be made available from time to time on the site, including but not limited to mobile airtime top up (load), electronic gift certificates, fresh flowers, electronics and computers, healthcare services and other exciting products.

  3. USE OF THE SERVICE

    1. Eligibility Requirements.You must be at least eighteen (18) years old, with an existing credit card or PayPal account, and a valid government issued ID and email address to be able to use the Service.

    2. First Use. You acknowledge that by opening a Sendah account and purchasing Sendah credits for the first time, you are requesting us to process your application, which we may accept or reject at our sole discretion, subject to our acceptance criteria. You further acknowledge that your application may be subject to a processing time of one (1) to three (3) days.

    3. Registration and Required Information. To process your application, first-time users of the Service will be required to provide true, accurate and complete information regarding your: name, email address, sex and date of birth. In the course of your use of the Service, you may be further required to provide the following details: nationality, residential address, delivery address, primary contact number, and alternate contact number. By opening a Sendah account and using the Service, you warrant that you are of legal age, have provided true information and are fully authorized to sign, register for, and avail of this Service.

    4. Anti-Fraud Measures. We implement strict anti-fraud measures. We may block or suspend your account should we suspect unlawful use, or detect inconsistencies which indicate a pattern of fraud. To lift this temporary ban, you will have to send an email to help@sendah.com and provide your Sendah username, full name and/or PayPal email address. You may also be required to send a scanned copy of a valid ID (a government issued ID such as your Passport, Driver's License, etc) and/or a proof of address (such as your latest utility billing) on a case to case basis to verify your account. Please note that we will never ask you for any of your passwords.

    5. Notifications and Updates. From time to time, you may receive updates, announcements or other news related to Sendah to your registered email address. Please let us know if you would rather not receive such updates by sending an email to: help@sendah.com.

    6. Payment. In availing of any of the Sendah services and paying for the same, you authorize your credit card company or PayPal to debit from your account the amount of your transaction.
      1. Wallet Credits as Payment

        To avail of the Sendah services, you need to purchase Sendah credits through our accredited payment gateways. These credits will be stored in your Sendah wallet and can be used as payment for any of the Sendah services. A notification message confirming the receipt of payment and crediting of the account will be sent to your Sendah-registered email. No refunds will be entertained once the crediting of the account has been processed.

      2. Chargebacks

        In cases when you request for chargeback (e.g. fraudulent use of credit card) with your credit card company, an investigation will be conducted by the partner payment gateway between Ayannah Information Solutions and the concerned credit card company or bank. During investigation, all pending transactions you have will be cancelled and the full amount of the pending transactions will be credited back to your wallet. Your account may also be temporarily suspended.

      3. Fraud

        Credit card fraud will be reported to the proper authorities and dealt with accordingly.

    7. Limitations of Service. Transactions may be delayed or otherwise restricted as a result of our verification process including but not limited to delays in contacting and locating of your recipients, and compliance with applicable law.

    8. Service Level Agreements. We commit to deliver:

      1. any completed Send Load transaction, within 24 hours from the time of initiation; otherwise, we will issue a refund, which we will credit back to your wallet;

      2. any completed Send eGC’s transaction, within thirty (30) minutes, subject to the service availability of the Philippine mobile carriers;

      3. any completed Shop and Send transaction, within five (5) to seven (7) days, are subject to product availability and the completion of accurate delivery details.
        SENDAH.COM has the option to contact the recipient to correct any mistakes in the shipping details inputted by you but is under no lawful obligation to do so.
        If the recipient refuses to accept the package or in any case the address you specified is found incorrect in the course of delivery we will notify you via email. This transaction however, is considered fulfilled and entitles us to the full amount of the transaction. Request for redelivery by the sender is subject to approval and any additional cost for redelivery of item will be charge to the sender accordingly.

    9. Unauthorized Use. You agree that your use of the Service shall not violate this TOU, or any laws, rules and regulations relating to money laundering, fraud, or the funding of terrorist activities.

  4. SEPARATE AGREEMENTS

    By availing of the Service, you acknowledge that we provide the Service only. You acknowledge and accept that your payments are conducted through credit cards or PayPal and as such, you are also subject to the respective credit card and PayPal End User Agreements.

  5. RESPONSIBILITY OF USER

    You are responsible, at all times for ensuring that any communication or transaction through PayPal and/or the Service is properly and correctly sent to the intended recipient/s and that you alone are accessing or authorizing access to your PayPal account. You expressly agree that any mistake or negligence shall be solely for your own account, and you shall hold us free and harmless from any damage or liability arising from such mistake or negligence. In this regard, we strongly advise you to verify that the designated recipient is your intended recipient (including the mobile and telephone number of your intended recipient) before sending or conducting your communications or transactions. We further advise you to do the same when you use PayPal to pay for your transactions.

  6. AVAILABILITY TO AND MODIFICATIONS OF SERVICE

    We reserve the absolute discretion to make the Service available to you from time to time, to determine the scope of the Service, apply transaction limits, change procedures for transactions, and other matters pertinent to the Service without need of notice or responsibility to you. You understand that by using the Service after any modification or change has been effected, you have agreed to such modification or change. If any of the revised terms and conditions is unacceptable to you, you must inform us of your objections immediately and discontinue your transaction. You understand that while the Service is available 24-hours a day, 7 days a week, it may not be available at certain times due to maintenance and/or computer, telecommunication, electrical or network failure or any other reasons beyond our control. Therefore, we shall not be liable to you if you are unable to gain access to the Service or if there is a resulting delay in the transaction.

  7. TRANSACTION RECORD

    We will not print or issue any confirmation for your transaction, although we will send you a confirmation to your Sendah and PayPal-registered email. You may also produce a print-out of your transactions from your own computer terminal.

  8. PASSWORD USE

    You acknowledge that any access to or use of the Service cannot be made without your Sendah password. You are entirely responsible for keeping your password secret and confidential and you shall not disclose the password to any unauthorized person and take all steps necessary to prevent discovery of the password by any unauthorized person.

  9. REPORT OF AND LIABILITY FOR UNAUTHORIZED USE

    Please inform us immediately if you find out or suspect that someone else knows your password or that unauthorized transactions or any other breach of security have taken place. We advise that you promptly examine your transaction records and PayPal balance and email us at help@sendah.com immediately if you discover any discrepancies, omissions, inaccuracies or incorrect entries. You are liable for all losses prior to your reporting any discovered or suspected discrepancies, omissions, inaccuracies or incorrect entries or if you act fraudulently or with negligence, including your failure to properly safeguard your password, or to immediately report any unauthorized transaction made.

  10. LIMITATION OF LIABILITY

    In no event will we, our affiliates, partners, service providers or suppliers and their respective shareholders, officers or employees be liable for any direct, indirect, punitive, exemplary, special or consequential damages of any kind arising in any manner from this site or your use of this Service, or errors or defects therein. If any of us are found liable for any grossly negligent or fraudulent act or omission, our liability shall be limited to the amount of the relevant transaction. You acknowledge and accept that we shall not be liable to you for any direct, indirect, incidental, special or consequential loss or damages arising in any way out of the use of the Service.

  11. INDEMNIFICATION

    You agree to defend, indemnify and hold us, our partners, affiliates, service providers, and respective shareholders, officers or employees, free and harmless from any claims or damages relating to this agreement, or your use of this Service, and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any action in connection with this Agreement.

  12. DISCLAIMER OF WARRANTIES

    We make every effort to ensure that the Service we provide is secure, cannot be accessed by unauthorized third parties, and is virus-free. However, you expressly agree that your use of the Service is at your own risk. We do not warrant the security, integrity, secrecy or confidentiality of any information or transaction transmitted through any relevant internet service provider, network system or such other equivalent system in any jurisdiction. Nor do we warrant that any information, communication or transaction transmitted or conducted through the Service is not corrupted, free from unauthorized access or interference and/or virus-free. We expressly disclaim all warranties of any kind, whether express or implied. We make no warranty that the Service will meet your requirements. We further disclaim and make no warranties, express or implied, with your use of PayPal as a mode for payment.

  13. ENTIRE AGREEMENT

    You agree to defend, indemnify and hold us, our partners, affiliates, service providers, and respective shareholders, officers or employees, free and harmless from any claims or damages relating to this agreement, or your use of this Service, and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any action in connection with this Agreement.

  14. GOVERNING LAW

    This agreement shall be governed by, and interpreted in accordance with the laws of the Republic of the Philippines and the exclusive venue for all suits to enforce this agreement shall be the proper courts of Pasig City, Metro Manila, Philippines to the exclusion of all other tribunals.

  15. QUESTIONS/COMMENTS

    For your questions, comments, or requests for further information, you may reach us online at help@sendah.com or at Unit 3003, Jollibee Plaza, F.Ortigas Jr., Rd., Pasig City, Philippines.