The following Terms and Conditions shall govern the terms under which you, the ML
Wallet Customer, may access and use the ML Wallet, its mobile application (“ML Wallet
App”), its features (“ML Wallet Services”) and all other products and services of M Lhuillier
Financial Services, Inc. (“M Lhuillier”), including those available through its network of
physical branches.
If you do not understand or do not wish to be bound by the Terms and Conditions or the
Privacy Notice, you should not access or use any portion of the ML Wallet Service.
1. Agreement
When you register to or use the ML Wallet App,
1.1. You accept and agree to be legally bound by these Terms and Conditions.
1.2. You represent that you are at least eighteen (18) years old. If you are
younger than eighteen, parental consent will be required.
1.3. If you are a business entity, you represent that you are duly authorized to do
business. Business documents will be required prior to issuing an ML Wallet
Account for your business.
You also represent that your officers, employees, representatives and other
agents accessing or using the ML Wallet Service are duly authorized to
access and use the ML Wallet Service to legally bind you to these Terms and
Conditions and all transactions conducted under your Username and
Password.
1.4. These Terms and Conditions shall be effective, valid and binding from the
time you agreed to it and will exist up to the time that it is terminated by you
or by M Lhuillier, with the exception of provisions that will remain effective
after termination as stated in these Terms and Conditions, laws or
regulations.
1.5. M Lhuillier reserves the right to modify these Terms and Conditions at any
time without prior notice. Any changes to these Terms and Conditions will be
effective immediately upon posting on the ML Wallet App. By accessing or
using the ML Wallet Service after any changes have been made, you signify
your agreement to the modified Terms and Conditions and all the changes.
2. Definitions
2.1. “M Lhuillier” is a corporation duly organized and existing under Philippine
laws. It provides various financial services through a network of wholly owned
branches or franchised outlets. The company also offers the same services
electronically through the ML Wallet.
2.1.1. “M Lhuillier Branch” refers to the physical branches owned and
operated by M Lhuillier.
2.1.2. “ML Express” refers to branches which have been granted franchise
by M Lhuillier. ML Express branches are authorized to accept Add
Money and Withdraw Money transactions performed by ML Wallet App
Customers.
2.2. “ML Wallet”
2.2.1. “ML Wallet” is an electronic money (“e-money”) service owned and
operated by M Lhuillier to allow registered persons or business entities
to convert Philippine Peso (PhP) currency into equivalent value
credits, store these and perform transactions.
2.2.2. “ML Wallet App” refers to a software application running on mobile or
other computer devices from which registered persons or business
entities can electronically avail of the services of M Lhuillier.
2.2.3. “ML Wallet Account” is an e-money instrument that stores credits
equivalent to Philippine Pesos (PhP) in the ML Wallet system. The ML
Wallet Account is accessible through the ML Wallet Customer’s mobile
phone or other devices as may be allowed by M Lhuillier.
2.2.4. The ML Wallet Account is not a deposit account and is not covered by
the Philippine Deposit Insurance Corporation (PDIC). It does not earn
interest. However, it is subject to the rules and regulations of the BSP,
the Anti-Money Laundering Act (AMLA) and the Data Privacy Act and
its Implementing Rules and Regulations.
2.3. “ML Wallet Customer” (or “Customer” or “You”) shall refer to a person or
business entity that registers for the ML Wallet service.
The identity of the Customer as required by the Bangko Sentral ng Pilipinas
(BSP) shall be established by M Lhuillier through a process called “Know
Your Customer” or “KYC” Registration.
Customers upon completing the KYC are assigned a “Verification Level” that
determines the amounts that can be performed for various ML Wallet
transactions.
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2.4. “Personal Identification Number” or “PIN” refers to the six (6)-digit security
number created by the Customer for use in confirming all ML Wallet
transactions.
2.5. “Transaction Number” or “Transaction No.” is the alphanumeric tracking code
generated for all transactions performed through the ML Wallet App.
2.6. “ML Wallet Services” or “Services” refer to features and processes that allow
Customers to perform transactions using the ML Wallet App. These Services
are accessible through the ML Wallet App menus.
2.6.1. “Available Balance” displays the Customer’s current ML Wallet
credits in Philippine Pesos.
2.6.2. “Add Money” shall refer to the loading of credits equivalent in face
value to Philippine Pesos to the Customer’s ML Wallet Account
through:
2.6.2.1. Personally handing over cash to employees of M Lhuillier
branches for conversion to ML Wallet Account credits;
2.6.2.2. “Bank To Wallet” transaction which involves the Customer
transferring amounts from the registered bank account into
his/her ML Wallet Account.
2.6.3. “Send Money” shall refer to the process of the Customer transferring
his/her ML Wallet Account credits to another person or business
entity through:
2.6.3.1. “Wallet To Wallet”, which is a transaction that involves
transferring credits from one ML Wallet Account to another
ML Wallet Account;
2.6.3.2. “Kwarta Padala”, which converts the ML Wallet Account
credits into equivalent Philippine Peso value that will be
picked up by the designated “Receiver” at any M Lhuillier or
ML Express branch.
2.6.3.3. “Wallet To Bank”, refers to the Customer transferring
his/her ML Wallet Account credits to a designated account
offered by a “Bank Partner” of M Lhuillier.
2.6.4. “Receive Money” is a transaction where the Customer can convert
remittances to Philippine Peso credits in his/her ML Wallet Account.
2.6.4.1. Domestic – refers to money transfers sent from M Lhuillier
“Remittance Partners” within the Philippines.
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2.6.4.2. International – refers to remittances sent from M Lhuillier
“Remittance Partners” abroad.
2.6.5. “Withdraw Money” shall refer to the process of exchanging ML Wallet
Account credits to physical cash in Philippine Pesos in M Lhuillier
branches.
2.6.6. “Pay Bills” refers to the process of transferring payments to a utility
or other service company (“Biller Partner”) accredited by M Lhuillier.
2.6.7. “Buy eLoad” refers to the purchase of prepaid mobile top-ups from
telecommunications service providers (“Telco Partners”) using ML
Wallet account credits.
2.6.8. “Buy Items” shall refer to the purchase of physical goods listed in the
“ML Shop” service of the ML Wallet.
2.6.9. Other Services
2.6.9.1. “Transaction History” displays the list of transactions
performed the ML Wallet Customer in the previous six (6)
months;
2.6.9.2. “Kwarta Padala Rates” refers to the fees charged for Send
Money via Kwarta Padala transactions;
2.6.9.3. “ML Branches” displays the location and operating hours of
M Lhuillier Branches. Operating hours are subject to the
mandate of government agencies and local government
units.
3. ML Wallet Registration and Customer KYC
3.1. You will be asked to create a unique Username and a Password.
3.2. You are required to provide information such as your complete name, date of
birth, gender, nationality, source of income, nature of work, present address,
photo of a valid identification and photo of yourself in accordance with the
KYC requirements of the BSP. M Lhuillier may ask you to provide additional
details or information that can aid in verifying your identity, including – but not
limited to – security questions.
3.3. You agree to provide all necessary information and render all reasonable
assistance and cooperation that M Lhuillier may require in order to complete
the verification process. The information you provide will be used to determine if you are eligible to begin and/or continue to use your ML Wallet
Account.
3.4. You are responsible for providing accurate registration information and for
keeping your registration information updated or notifying us in the event of
changes including but not limited to change of legal name due to change of
marital status.
3.5. M Lhuillier reserves the right to determine your Verification Level based on
the information you provide. M Lhuillier also reserves the right to close,
suspend or limit your access to your ML Wallet Account in the event that M
Lhuillier is unable to obtain or verify your information.
3.6. M Lhuillier may introduce other ML Wallet App features. Moreover, it may
also deactivate existing features at its option. As certain ML Wallet Services
may become available or be offered only on promotional basis,
supplementary information may be required from you in order to enable the
relevant ML Wallet Services.
3.7. Collection and processing of your personal data by M Lhuillier are indicated
in the Privacy Notice of the ML Wallet.
4. ML Wallet Account
4.1. Individuals as ML Wallet Customers
4.1.1. Filipinos at least eighteen (18) years of age may apply for an ML
Wallet account.
4.1.2. M Lhuillier may allow Filipino minors aged at least twelve (12) years
old to acquire an ML Wallet Account. A Filipino father/mother or
guardian may apply for an ML Wallet Account for each of their/his/her
minor children. The ML Wallet Account remains under the exclusive
control of the parent/s or guardian until the child/minor reaches
eighteen (18) years of age, in which case, exclusive control passes
to the child.
4.1.3. Alternatively, the minor may submit a consent letter duly signed by a
parent or legal guardian together with proof of filiation
4.2. Juridical entities as ML Wallet Customers
4.2.1. Corporations must submit the following documentary requirements in
compliance with the KYC process:
4.2.1.1. Memorandum of Agreement (MoA)
4.2.1.1.1. Corporate Customer will prepare five (5) copies
of the MoA with all pages signed by the
authorized signatory;
4.2.1.1.2. Corporate Customer will have the
Acknowledgement section of the MoA notarized;
4.2.1.1.3. Corporate Customer will submit the
aforementioned signed and notarized MoA;
4.2.1.2. Corporate profile
4.2.1.3. Articles of Incorporation
4.2.1.4. Latest General Information Sheet indicating corporate
officers’ personal profiles
4.2.1.5. Secretary’s Certificate or Board resolution authorizing the designated signatory
4.2.1.6. SEC Registration
4.2.1.7. BIR Certificate of Registration (BIR Form 2303)
4.2.1.8. Mayor’s Permit
4.2.1.9. Government-issued ID of the authorized signatory
4.2.1.10. Point person and contact number
4.2.1.11. Bank account details
4.2.2. Sole Proprietorships must submit the following documentary
requirements in compliance with the KYC process:
4.2.2.1. Memorandum of Agreement (MoA)
4.2.2.1.1. Proprietor will prepare five (5) copies of the MoA
with all pages signed by the authorized
signatory;
4.2.2.1.2. Proprietor will have the Acknowledgement
section of the MoA notarized;
4.2.2.1.3. Proprietor will submit the aforementioned signed
and notarized MoA;
4.2.2.2. Business profile
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4.2.2.3. DTI Registration
4.2.2.4. BIR Certificate of Registration (BIR Form 2303)
4.2.2.5. Mayor’s Permit
4.2.2.6. Government-issued ID of the Proprietor
4.2.2.7. Contact number of the Proprietor
4.2.2.8. Bank account details of the Proprietor
4.3. An ML Wallet Customer is allowed a maximum of two (2) ML Wallet Accounts
registered under his/her/its name.
4.4. Account credits
4.4.1. One (1) ML Wallet Account credit is equal in face value to one (1)
Philippine Peso.
4.4.2. The credits can be loaded to an ML Wallet Account; it can also be
inquired; transferred to another ML Wallet Account; withdrawn by the
ML Wallet Account owner or by a third party designated by the ML
Wallet Account owner through any M Lhuillier or ML Express branch;
used to make payments, purchase prepaid mobile load, physical
goods, and other services that may be offered by M Lhuillier.
4.5. Account activity
4.5.1. An ML Wallet Account that has no monetary activity for more than six
(6) months will be charged a dormancy fee of two hundred pesos
(PhP 200.00) every 5th of the succeeding months. The ML Wallet
Account will be closed/terminated when it has reached zero balance
after subsequent deductions of the dormancy fee.
4.5.2. If after deduction/s of the dormancy fee, the ML Wallet Customer
resumes transacting, the total dormancy fees deducted will not be
refunded to the Customer.
4.5.3. In such cases, M Lhuillier may charge a fee upon reactivation of the
said feature, as per request of the ML Wallet Customer. The approval
of the request shall be at the sole discretion of M Lhuillier.
4.6. ML Wallet balance and transaction limits
4.6.1. A mobile text message or “SMS notification” will be sent to the
Customer’s registered mobile number indicating the Transaction
Number.
4.6.2. A log of the transaction will also be indicated in the Transaction
History.
4.6.3. Confirmation of transactions performed in the ML Wallet App does
not require a printed receipt from the Bank, Biller, Telco Partner or
from M Lhuillier. Confirmation through inputting of the 6-digit PIN
shall be sufficient evidence that you have authorized the payment to
the chosen Partner and, therefore, cannot be disputed by you. The
Transaction Number in the SMS confirmation sent by ML Wallet and
the Transaction History log shall be your proof of payment.
4.6.4. The Customer may inquire about the Transaction History by
contacting the ML Wallet Hotline or by visiting any of the M Lhuillier
branches. M Lhuillier may charge a fixed amount for printing the
Transaction History.
4.6.5. M Lhuillier shall be held free and harmless from any and all liability
should the Transaction History be read by any person other than the
ML Wallet Customer.
4.6.6. Transaction and balance limits may be assigned or changed by M
Lhuillier, at its option pursuant to applicable laws, subject to fifteen
(15) days prior notice to ML Wallet Customers. Limits are applied on
a per Customer basis depending on the Customer’s Verification
Level.
4.7. Unauthorized or Fraudulent Use
4.7.1. M Lhuillier may opt to suspend or terminate an ML Wallet Account or
the Customer’s privilege to use a particular feature, whenever it
deems appropriate and necessary, particularly, but not limited to:
4.7.1.1. Fraudulent transactions that violate regulatory and company policies;
4.7.1.2. The use of any device, software or routine to interfere or
attempt to interfere with the proper working of the ML
Wallet.
4.7.1.3. Receipt by M Lhuillier of verified complaints from third
parties regarding alleged use of an ML Wallet account in
scams and other deceitful and unlawful acts.
4.7.1.4. Upon order of the court, law enforcement and government agencies and bodies.
4.7.2. In the event of any unauthorized use of the ML Wallet Account, M
Lhuillier shall not be liable for any inconvenience or damage caused
to the ML Wallet Customer. Moreover, M Lhuillier shall not be liable
for any failure by ML Wallet Customers to avail of ML Wallet services
due to the non-compliance with the application requirements.
5. Fees and Charges
5.1. The ML Wallet Customer agrees to pay fees and charges related to his/her
ML Wallet App and its use, as may be imposed by M Lhuillier.
5.2. Fees and other charges, as may be applicable, shall be inclusive of all
applicable Philippine taxes and shall be debited from the ML Wallet Account.
5.3. Charging of dormancy maintenance fee may be applied to ML Wallet
Accounts that have not been used for any ML Wallet transaction at least six
(6) months from the last date of transaction. The fee shall be automatically
debited from the ML Wallet Account every 5th day of the month.
5.4. Reactivation fee may be charged against ML Wallet Customers who request
to reopen their previously closed accounts
6. Disputes and Erroneous Transactions
6.1. The details in the SMS and/or email confirmation message after every
transaction and/or the entries in the Transaction History are presumed true
and correct unless ML Wallet Customer notifies M Lhuillier in writing of any
disputes thereon within fifteen (15) days from the date of transaction.
6.2. If no dispute is reported within the said period, all transactions and the entries
in the Transaction History are considered conclusively true and correct.
6.3. Disputed transactions shall only be credited back to ML Wallet Account once
the claim/dispute has been properly processed, investigated, and proven to
be in favor of the ML Wallet Customer.
7. ML Wallet App and Device Security
7.1. The ML Wallet Customer shall be responsible for the security of the personal
and confidential information stored in the ML Wallet App, his/her username,
password, PIN, mobile phone/s and other devices used to access the ML
Wallet App.
7.2. All transactions made using the ML Wallet App are presumed made by the
ML Wallet Customer and the ML Wallet Customer shall be liable therefor.
8. Termination / Cancellation of the ML Wallet App
8.1. Should the ML Wallet Customer fail to comply with the Terms and Conditions
provided herein, the right to use the ML Wallet App shall be terminated.
8.2. ML Wallet Accounts that are dormant or with no monetary activity for more
than 6 months and with zero balances shall automatically be closed/
terminated.
9. Limits on Liability
9.1. ML Wallet makes no warranty, express or implied, regarding ML Wallet
Service.
9.2. The ML Wallet Service is offered on an “as is”, “as available” basis without
warranties of any kind, other than warranties that are incapable of exclusion,
waiver or limitation under the laws applicable to this Agreement.
9.3. Without limiting the generality of the foregoing, M Lhuillier makes no warranty
as to:
9.3.1. The content, quality or accuracy of data or information provided by M
Lhuillier hereunder or received or transmitted using the ML Wallet
Services;
9.3.2. Any service or product obtained using the ML Wallet Services;
9.3.3. That ML Wallet Services will be uninterrupted or error-free; or
9.3.4. That any particular result or information will be obtained.
9.4. M Lhuillier shall not be liable for any loss, cost, compensation, damage or
liability to Customers or third parties arising from, directly or indirectly, or as
a result of any or all of the following:
9.4.1. Refusal of any Remittance, Bank, Biller, Telco Partner and the like to
allow, accept or honor ML Wallet;
9.4.2. ML Wallet is honored by any Remittance, Bank, Biller, Telco Partner
and the like; however, payment transaction is not authorized, for any
reason whatsoever;
9.4.3. ML Wallet Customer is unable to perform or complete any transaction
through the use of a mobile phone due to system unavailability of
mobile telecommunications system provider;
9.4.4. Any delay, interruption or termination of the ML Wallet transaction
whether caused by administrative error, poor internet connectivity,
technical, mechanical, electrical or electronic fault or difficulty or any
other reason or circumstance beyond the control of M Lhuillier,
including but not limited to acts of God, strike, labor disputes, fire,
disturbance, action of government, weather conditions, interference
or damage by third parties or any change in applicable Philippine
laws or regulations;
9.4.5. Theft or unauthorized use of ML Wallet App or any loss, costs,
damages or payable to any third party by the ML Wallet Customer;
9.4.6. Any misrepresentation or fraud by or misconduct of any third party,
such as but not limited to owners, employees or ML Express agents.
9.5. In the event of any action that the ML Wallet Customer may file against M
Lhuillier, the ML Wallet Customer agrees that the liability of M Lhuillier shall
not exceed one thousand pesos (PHP1,000.00) or the amount of the
damages actually suffered by the ML Wallet Customer, whichever is lower.
10. Fraudulent Transactions
10.1. Blocked ML Wallet App
10.1.1. M Lhuillier shall have the right to automatically suspend or block the
ML Wallet Account in the event that M Lhuillier has reason to believe
that the ML Wallet App may be used for fraudulent or suspicious
transactions or by an unauthorized person.
10.1.2. M Lhuillier may, but shall not have, the obligation to inform the ML
Wallet Customer prior to suspending or blocking the ML Wallet
Account pursuant to this Section.
10.1.3. The ML Wallet Customer acknowledges the authority of M Lhuillier to
suspend or block the ML Wallet Account and accordingly,
10.1.4. The ML Wallet Customer shall hold M Lhuillier free and harmless
against any and all consequences of such suspension or blocking, or
any loss or damage which the ML Wallet Customer may suffer as a
result thereof.
10.2. Discretion – without giving any reason or notice, and without prejudice to the
other provision hereof, M Lhuillier has the absolute discretion to:
10.2.1. Refuse to approve any ML Wallet transaction even if there is
sufficient available balance;
10.2.2. Suspend, terminate or cancel the ML Wallet Customer’s right to use
the ML Wallet App;
10.2.3. Increase or decrease the balance limit;
10.2.4. Introduce, amend, vary, restrict, terminate or withdraw the benefits,
services, facilities and privileges with respect to or in connection with
the ML Wallet App, whether specifically relating to the ML Wallet
Customer or generally to all or specific ML Wallet Customers.
11. Venue of Litigation
Venue of all suits shall either be at Cebu City or at any location at the exclusive
option of M Lhuillier.
12. Non-Waiver of Rights
Failure, omission, or delay on the part of M Lhuillier to exercise its rights or remedies
under these Terms and Conditions shall not operate as a waiver.
13. Separability Clause
Should any term or condition in this Agreement be rendered void, illegal or
unenforceable in any respect under any law, the validity, legality and enforceability
of the remaining terms and conditions shall not be affected or impaired thereby.
14. Agreement
14.1. The ML Wallet Customer agrees to be bound by the Terms and Conditions
governing the issuance and use of the ML Wallet App upon the ML Wallet
Customer downloading, registering or using the ML Wallet.
14.2. Should the ML Wallet Customer disagree with the Terms and Conditions, the
ML Wallet Customer shall call or provide a written notice of cancellation to
ML Wallet Hotline or to any M Lhuillier branch, otherwise, the ML Wallet
Customer shall continue to be liable for all charges incurred through the use
of the ML Wallet App.
15. Customer Concerns and Feedback
15.1. ML Wallet Customers may send concerns, requests and feedback to the ML
Customer Care by dialing +63 947 999 0337, or emailing
customercare@mlhuillier.com. All information disclosed shall be treated with
utmost confidentiality.
15.2. ML Wallet maintains full cooperation with the BSP in Financial Consumer
Protection. You may coordinate with BSP’s Financial Consumer Protection
Department at +63 2 8708 7087 or +63 2 8708 7088. You may also email
BSP at consumeraffairs@bsp.gov.ph