Payer Terms of Service

These Payer Terms of Service (“Terms”) govern the access to and use of the payment services, website, applications, and other related platforms (collectively, the “Services”) provided by Tamapay Billing Systems, Inc. (“Tamapay”), a corporation organized under the laws of the Philippines, doing business under the Tamapay brand (“Tamapay”).

These Terms also govern your access to and use of Tamapay’s proprietary payment platform (the “Platform”).

These Terms constitute a legally binding agreement between you (“Payer”) and Tamapay governing your access to and use of the Services and the Platform.

Please read these Terms carefully before using the Services. By accessing or using the Platform, initiating a payment transaction, clicking any button indicating your acceptance of these Terms (including “Pay”, “Continue”, or any similar confirmation), or otherwise using the Services, Payer acknowledges that Payer has read, understood, and agrees to be legally bound by these Terms, including our Privacy Policy and any electronic disclosures incorporated herein by reference.

If Payer does not agree to these Terms, Payer must not access or use the Services or the Platform.

If Payer accesses or uses the Services on behalf of a company, organization, or other legal entity, you represent and warrant that you are duly authorized to bind such entity to these Terms. In such case, references to “you” or “Payer” shall include both you and the entity you represent.

These Terms shall be governed and construed in accordance with the laws of the Republic of the Philippines.

Tamapay operates a technology-enabled payment platform that facilitates domestic and cross-border payment transactions on behalf of merchants, billers, educational institutions, government agencies, real estate developers, and other organizations that have engaged Tamapay to receive payments through the Platform (each, a “Partnered Entity”).

Through the Platform, a Payer may initiate payments to a Partnered Entity using the payment methods made available by Tamapay from time to time.

Tamapay’s Services are limited to the facilitation, authorization, processing, and transmission of payment instructions and related payment services. In providing the Services, Tamapay may engage banks, licensed payment service providers, card networks, payment processors, foreign exchange providers, and other third-party service providers.

Unless expressly stated otherwise, Tamapay is not the seller, supplier, merchant, or provider of any goods or services offered by a Partnered Entity and is not a party to the underlying transaction between the Payer and the applicable Partnered Entity. Tamapay does not control, endorse, or guarantee the quality, availability, legality, safety, pricing, or performance of any goods or services provided by a Partnered Entity and shall not be responsible or liable for any dispute arising from or relating to the underlying transaction, except as otherwise required by applicable law.

The Platform enables Payers to make payments to Partnered Entities through the payment methods made available by Tamapay from time to time. In facilitating payment transactions, Tamapay may engage banks, licensed payment service providers, foreign exchange providers, card networks, card issuers, card acquirers, payment processors, and other third-party service providers for the authorization, processing, settlement, and remittance of payment transactions.

To access or use the Platform, you represent and warrant that:

• you are at least eighteen (18) years of age and possess the legal capacity to enter into these Terms;
• you have not previously been suspended, restricted, or prohibited by Tamapay from accessing or using the Platform; and
• your access to and use of the Platform complies with all applicable laws, rules, and regulations.

If you access or use the Platform on behalf of another individual or a legal entity, you further represent and warrant that you are duly authorized to act on behalf of such individual or entity and to bind such individual or entity to these Terms. In such event, references to “Payer” or “You” shall include the individual or entity on whose behalf you are acting.

Certain features of the Platform require the Payer to register a user account. When registering an account, the Payer may be required to provide the Payer’s name, email address, contact information, and such other information as Tamapay may reasonably require to create, verify, or maintain the Payer’s account.

The Payer represents and warrants that all information provided is true, accurate, current, and complete, and the Payer agrees to promptly update such information whenever necessary to keep it accurate and complete.

The Payer is responsible for maintaining the confidentiality and security of the Payer’s account credentials, including the Payer’s username and password, and for restricting access to the Payer’s account. The Payer acknowledges and agrees that the Payer is responsible for all activities conducted through the Payer’s account using the Payer’s login credentials, unless and until the Payer notifies Tamapay of any unauthorized access or compromise of the Payer’s account.

If the Payer knows or reasonably suspects that the Payer’s account or login credentials have been lost, stolen, compromised, or used without the Payer’s authorization, the Payer must immediately notify Tamapay at support@tama-pay.com and take all reasonable steps to protect the Payer’s account. Tamapay shall not be liable for any loss or damage arising from the Payer’s failure to maintain the confidentiality and security of the Payer’s account credentials or to promptly notify Tamapay of any unauthorized access, except to the extent such loss or damage results from Tamapay’s fraud, gross negligence, or willful misconduct.

6.1 Payment Methods

Tamapay shall make available such local and international payment methods as it may determine from time to time to facilitate payment transactions through the Platform.

For purposes of these Terms:

International Transactions refer to payment transactions initiated by a Payer using payment methods available through Tamapay’s international payment network, including, without limitation, PayPal, U.S. Automated Clearing House (ACH) transfers, and internationally accepted credit and debit cards, such as Visa, Mastercard, American Express, Discover, Diners, JCB, UnionPay, and such other payment methods as Tamapay may make available from time to time.

International Transactions shall also include transactions initiated through digital wallets, tokenized payment systems, or payment gateways (e.g., Apple Pay, Google Pay or similar technologies) where the underlying payment instrument, funding source, or issuing institution is located outside of the Philippines.

Local Transactions refer to payment transactions initiated by a Payer using payment methods available within the Philippines, including, without limitation, local bank transfers, electronic wallets (e-wallets), and locally accepted credit and debit cards, such as Visa and Mastercard, and such other payment methods as Tamapay may make available from time to time.

Local Transactions shall also include transactions initiated through digital wallets, tokenized payment systems, or payment gateways (e.g., Apple Pay, Google Pay, Xendit, or similar technologies) where the underlying payment instrument or funding source is issued by a Philippine financial institution or e-money issuer.

The availability of any payment method is subject to the policies, operational requirements, and technical availability of Tamapay and its payment service providers. Tamapay reserves the right to add, modify, suspend, or discontinue any payment method at any time without prior notice.

6.2 Payment Authorization

By submitting a payment instruction through the Platform, the Payer represents and warrants that:

• the Payer is authorized to use the selected payment method;
• all payment information and instructions provided are true, accurate, complete, and current;
• the Payer authorizes Tamapay and its payment service providers to process the payment transaction in accordance with the payment instructions submitted through the Platform; and
• the Payer acknowledges that once a payment instruction has been authorized and submitted for processing, the transaction may not be cancelled, modified, or reversed except as permitted by applicable law, the applicable payment network rules, or the policies of the relevant Partnered Entity.

By submitting a payment instruction through the Platform, the Payer represents and warrants that the Payer is authorized to use the selected payment method and irrevocably authorizes Tamapay and its payment service providers to process the payment in accordance with the Payer’s instructions. Once a payment transaction has been authorized and submitted for processing, it may not be cancelled or reversed except as permitted by applicable law, the applicable payment network rules, or the policies of the relevant Partnered Entity.

6.3 Recurring Payments (Auto-Debit)

Where the Platform offers recurring payment or auto-debit functionality, the Payer may authorize Tamapay to process recurring payments using the funding source designated by the Payer.

To enroll in recurring payments, the Payer shall:

• provide the information and authorizations required by Tamapay through the Platform;
• electronically consent to the recurring payment arrangement using the method prescribed by Tamapay, especially the Card Authorization Form signed by the cardholder or owner with the accompanying valid ID; and
• submit such additional documents, information, or authorizations as Tamapay may reasonably require to verify the recurring payment instruction or the authority of the Payer to use the designated funding source.

If the designated funding source belongs to a person other than the Payer, Tamapay may require the express written or electronic authorization of the account holder or cardholder before processing recurring payments.

The Payer may cancel or modify recurring payment instructions in accordance with the procedures made available through the Platform. Any cancellation shall only take effect after the Merchant has had a reasonable opportunity to process the request and shall not affect any recurring payment that has already been processed or submitted for processing.

6.4 Payment Confirmation

Upon successful processing of a payment transaction, Tamapay shall use reasonable efforts to send a payment confirmation to the email address or other contact information provided by the Payer.

The Payer is responsible for ensuring that the contact information provided through the Platform is accurate and up to date. Tamapay shall not be responsible for any delay or failure in the delivery of a payment confirmation resulting from inaccurate or incomplete contact information provided by the Payer, technical failures, or circumstances beyond Tamapay’s reasonable control.

A payment confirmation evidences that Tamapay has received and processed the payment instruction. It does not constitute confirmation that the underlying goods, services, or obligations between the Payer and the applicable Partnered Entity have been fulfilled, unless expressly stated otherwise.

6.5 Customer Notification

Upon successful completion of a payment transaction, Tamapay will send a payment confirmation to the email address provided by the Payer, subject to the accuracy of the information supplied by the Payer.

7.1 Refunds

Refund requests shall be governed by Tamapay’s Refund and Chargeback Policy and, where applicable, the refund policy of the relevant Partnered Entity.

Unless otherwise required by applicable law, Tamapay shall process a refund only upon receipt of the Partnered Entity’s written or electronic approval or authorization. Tamapay shall not determine the Payer’s eligibility for a refund and shall not be responsible for any decision of a Partnered Entity to approve or deny a refund request.

Approved refunds shall be processed using the original payment method or such other method as may be permitted by Tamapay, the applicable payment service provider, and applicable law.

7.2 Chargebacks

Where a payment is disputed through the issuer of the Payer’s payment method or the applicable payment network, the transaction shall be subject to the applicable card network rules, banking regulations, payment service provider requirements, and Tamapay’s Refund and Chargeback Policy.

The Payer acknowledges that Tamapay may provide relevant transaction records and information to the applicable financial institution, payment service provider, card network, or Partnered Entity for the purpose of investigating or resolving a disputed transaction.

7.3 Payment Disputes

Any dispute relating to the goods, services, pricing, delivery, fulfillment, or performance of a Partnered Entity shall be raised directly with the applicable Partnered Entity.

Tamapay’s role is limited to facilitating payment transactions and, except as required by applicable law, Tamapay shall not be responsible or liable for disputes arising from the underlying transaction between the Payer and the Partnered Entity.

The Payer represents, warrants, and undertakes that:

• all information, payment instructions, and supporting documents submitted through the Platform are true, accurate, current, complete, and not misleading;
• the Payer is legally authorized to use the selected payment method and any funding source used to initiate a payment transaction through the Platform;
• the Payer has read, understood, and agrees to be bound by Tamapay’s Refund and Chargeback Policy, as may be amended from time to time, where applicable to the payment transaction;
• the Payer shall use the Platform only for lawful purposes and in accordance with these Terms and all applicable laws, rules, and regulations;
• the Payer shall take reasonable measures to protect the confidentiality and security of the Payer’s account credentials, devices, payment information, and other access credentials used to access the Platform;
• the Payer acknowledges that electronic payment transactions involve inherent operational, technical, cybersecurity, and communications risks, including delays, interruptions, unauthorized access, and system failures that may be beyond Tamapay’s reasonable control. The Payer agrees to exercise reasonable care when using the Platform and to promptly report any suspected unauthorized or fraudulent activity to Tamapay;
• the amount payable in respect of any transaction, including the applicable fees or charges imposed by the Partnered Entity, is determined solely by the Partnered Entity. Tamapay acts solely as the payment platform and shall not be responsible for determining, verifying, or correcting the amount payable or any invoice, billing statement, or payment obligation issued by the Partnered Entity.

The Payer shall not:

• use the Platform for any unlawful, fraudulent, deceptive, or unauthorized purpose;
• submit payment instructions using a payment method that the Payer is not authorized to use;
• interfere with, disrupt, compromise, or attempt to gain unauthorized access to the Platform, its systems, or any related network;
• upload, transmit, or introduce any virus, malicious code, or other harmful technology into the Platform;
• circumvent or attempt to circumvent any security feature or operational control implemented by Tamapay;
• use the Platform in any manner that may impair, damage, or adversely affect the operation, security, or availability of the Platform; or
• engage in any activity that violates these Terms or any applicable law.

Tamapay may suspend, restrict, or terminate the Payer’s access to the Platform, with or without prior notice, if Tamapay reasonably determines that:

• the Payer has violated these Terms;
• the Payer has engaged or is suspected of engaging in fraudulent, unlawful, or unauthorized activity;
• the continued use of the Platform may expose Tamapay, a Partnered Entity, or any third party to legal, regulatory, financial, or security risks;
• such action is required to comply with applicable law, regulatory requirements, or the directions of a competent governmental authority; or
• suspension or termination is necessary to protect the integrity, security, or availability of the Platform.

Suspension or termination of access to the Platform shall not affect any payment transaction that has already been completed or any rights or obligations that accrued prior to such suspension or termination.

To the fullest extent permitted by applicable law, Tamapay shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including loss of profits, revenue, business opportunities, goodwill, data, or anticipated savings, arising out of or relating to the Payer’s access to or use of, or inability to access or use, the Platform or the Services.

Without limiting the foregoing, Tamapay shall not be liable for any loss, delay, failure, or damage arising from:

• the acts or omissions of a Partnered Entity, including any dispute relating to the goods or services provided by the Partnered Entity;
• the acts or omissions of banks, payment service providers, card networks, telecommunications providers, internet service providers, or other third parties involved in processing payment transactions;
• inaccurate, incomplete, or incorrect payment information or instructions provided by the Payer; or
• any unauthorized access to or use of the Platform resulting from the Payer’s failure to maintain the confidentiality and security of the Payer’s account credentials.

Nothing in these Terms shall exclude or limit Tamapay’s liability where such exclusion or limitation is prohibited by applicable law.

The Payer agrees to indemnify, defend, and hold harmless Tamapay, its affiliates, directors, officers, employees, agents, and representatives from and against any claims, actions, liabilities, losses, damages, costs, and expenses, including reasonable attorneys’ fees, arising directly out of or relating to:

• the Payer’s breach of these Terms;
• the Payer’s fraud, willful misconduct, or material misrepresentation;
• the unauthorized or unlawful use of a payment method or funding source by the Payer;
• the Payer’s violation of any applicable law or the rights of any third party; or
• the Payer’s misuse of the Platform or the Services.

This indemnification obligation shall not apply to the extent that any claim, liability, loss, damage, cost, or expense results from Tamapay’s fraud, gross negligence, or willful misconduct.

Tamapay shall not be liable for any failure, delay, interruption, or inability to perform its obligations under these Terms to the extent such failure, delay, interruption, or inability results from a Force Majeure Event.

For purposes of these Terms, a Force Majeure Event means any event or circumstance beyond Tamapay’s reasonable control, including, but not limited to, acts of God, natural disasters, floods, earthquakes, fires, epidemics, pandemics, war (whether declared or undeclared), acts of terrorism, civil unrest, riots, labor disputes not involving Tamapay’s employees, governmental actions, changes in law or regulation, interruptions in telecommunications or internet services, failures of payment networks or financial institutions, widespread cyberattacks, or any other similar event beyond Tamapay’s reasonable control.

Tamapay shall use commercially reasonable efforts to resume the affected Services as soon as reasonably practicable following the cessation of the Force Majeure Event.

Tamapay respects the privacy of the Payer and is committed to processing personal data in accordance with the Data Privacy Act of 2012 (Republic Act No. 10173), its implementing rules and regulations, and other applicable laws.

By accessing or using the Platform and the Services, the Payer acknowledges and agrees that Tamapay may collect, use, process, store, retain, and disclose the Payer’s personal data as reasonably necessary to:

• provide and administer the Services;
• process and facilitate payment transactions;
• verify the Payer’s identity and payment instructions;
• detect, prevent, investigate, and respond to fraud, unauthorized transactions, and other unlawful activities;
• comply with applicable laws, regulations, lawful orders, and the requirements of regulatory authorities; and
• perform such other purposes as described in Tamapay’s Privacy Policy.

The Payer acknowledges that Tamapay may disclose personal data to Partnered Entities, banks, payment service providers, card networks, payment processors, regulatory authorities, and other third parties involved in the processing of payment transactions, but only to the extent necessary to provide the Services or comply with applicable law.

Tamapay’s Privacy Policy, as may be amended from time to time, is incorporated into these Terms by reference and forms an integral part hereof. By using the Platform or the Services, the Payer acknowledges having read and understood the Privacy Policy.

Tamapay may engage third-party service providers to support the operation of the Platform and the provision of the Services, including payment processors, financial institutions, cloud service providers, identity verification providers, fraud prevention providers, and other technology or business support providers. Where such service providers process personal data on Tamapay’s behalf, Tamapay shall use reasonable efforts to ensure that they are engaged under appropriate contractual arrangements requiring compliance with applicable data protection laws and the confidentiality and security requirements imposed by Tamapay.

To the extent necessary to provide the Services or comply with applicable law, the Payer authorizes Tamapay to disclose or transfer the Payer’s personal data to such third-party service providers. Tamapay shall not be responsible for the acts or omissions of independent third-party service providers beyond Tamapay’s reasonable control, provided that Tamapay has disclosed or transferred such personal data in accordance with these Terms, the Privacy Policy, and applicable law.

Tamapay maintains a customer support and complaint resolution process to assist Payers with inquiries, payment-related concerns, technical issues involving the Platform, complaints, reports, and other requests relating to the Services. Upon receipt of a request or complaint, Tamapay shall use commercially reasonable efforts to review the matter, provide appropriate assistance, and keep the Payer reasonably informed of the status of the request, where applicable.

16.1 Platform Availability

Tamapay shall use commercially reasonable efforts to maintain the availability, reliability, and performance of the Platform. While Tamapay endeavors to keep the Platform generally available and operational for Payers on a regular basis, the Platform may be temporarily unavailable due to scheduled maintenance, emergency maintenance, system upgrades, failures of third-party service providers, telecommunications or internet disruptions, Force Majeure Events, or other circumstances beyond Tamapay’s reasonable control.

For purposes of these Terms, “Availability” means the ability of the Payer to access and use the Platform through its web-based application. Downtime resulting from the Payer’s equipment, internet connection, systems, third-party service providers engaged by the Payer, or other causes beyond Tamapay’s reasonable control shall not be considered in determining Platform availability.

16.2 Customer Support

Payers may contact Tamapay’s Customer Support for assistance regarding the use of the Platform, payment transactions, technical concerns, complaints, and other matters relating to the Services through:

• Email Support (recommended for inquiries requiring investigation or documentation): support@tama-pay.com

• Customer Support Hotlines (for urgent or time-sensitive concerns):

  • International: +1 (408) 335 0522
  • Local: +63 962 694 0950 / Desk Phone +63 86 403 512

Customer Support is generally available from 7:00 a.m. to 4:00 p.m. (Philippine Standard Time), Monday through Friday, excluding Philippine special and regular non-working holidays.

For service interruptions or other critical issues that materially affect the availability or operation of the Platform, Tamapay shall use commercially reasonable efforts to provide support outside regular business hours, subject to the availability of its support personnel.

Requests received outside regular business hours, including weekends and holidays, shall be attended to as soon as reasonably practicable. While Tamapay endeavors to respond to inquiries within twenty-four (24) to forty-eight (48) hours from the next business day, actual response and resolution times may vary depending on the nature, complexity, and circumstances of the request.

16.3 Submission of Requests and Complaints

To facilitate the prompt investigation and resolution of a request or complaint, the Payer should, where applicable, provide:

• a description of the issue or concern;
• the relevant transaction reference number;
• the date and approximate time of the transaction;
• the expected outcome and the actual outcome encountered;
• screenshots or other supporting documents, where available; and
• such additional information as Tamapay may reasonably require to investigate the matter.

Failure to provide sufficient information may delay the investigation or resolution of the request.

Tamapay may prioritize and handle requests according to their nature, urgency, and impact on the Services. Where a request requires the participation or action of a Partnered Entity, bank, payment service provider, card network, or other third party, the resolution of such request shall be subject to the response times and procedures of the relevant third party.

Nothing in this Section shall be construed as guaranteeing uninterrupted operation of the Platform or any specific response or resolution timeframe. Any timeframe communicated by Tamapay is an operational target only and shall not constitute a contractual guarantee or service level commitment in favor of the Payer.

16.4 Technical Support Response Time

You may reach out to Tamapay Customer Support (“Support”). All requests may be sent to support@tama-pay.com, for detailed inquiries and concerns that may require documented responses.

To ensure fast throughput, the following information must be made available to Customer Support: (i) Description; (ii) Steps to reproduce; (iii) Expected result; (iv) Actual result; and (v) Screenshots, if any.

Unless otherwise expressly stated, the Platform, the Services, and all content made available through the Platform, including without limitation all software, source code, object code, application programming interfaces (APIs), databases, text, graphics, images, logos, trademarks, trade names, service marks, domain names, designs, layouts, user interfaces, audio, video, documentation, and all other proprietary materials, together with all intellectual property rights therein, are and shall remain the exclusive property of Tamapay or its licensors and are protected by applicable intellectual property laws.

Subject to these Terms, Tamapay grants the Payer a limited, personal, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Platform solely for the purpose of utilizing the Services in accordance with these Terms.

Except as expressly permitted by applicable law or with the prior written consent of Tamapay, the Payer shall not, directly or indirectly:

• copy, reproduce, modify, adapt, translate, distribute, publish, display, transmit, or otherwise exploit any part of the Platform or the Services;
• reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, underlying ideas, algorithms, or architecture of the Platform;
• remove, alter, obscure, or interfere with any copyright, trademark, proprietary notice, security feature, or other proprietary marking appearing on or within the Platform;
• use the Platform or any Tamapay intellectual property in any manner that infringes or misappropriates the rights of Tamapay or any third party; or
• use Tamapay’s name, trademarks, logos, or other branding without Tamapay’s prior written consent.

Nothing contained in these Terms shall be construed as transferring or assigning any ownership or intellectual property rights to the Payer. All rights not expressly granted under these Terms are reserved by Tamapay.

18.1 Amendments

Tamapay reserves the right to amend, modify, or update these Terms from time to time to reflect changes in applicable laws, regulatory requirements, the Services, or Tamapay’s business operations. Any material amendments shall take effect upon posting on the Platform or such later date as may be specified by Tamapay. The Payer’s continued access to or use of the Platform after the effective date of the amendments constitutes acceptance of the revised Terms.

18.2 Assignment

The Payer may not assign, transfer, delegate, or otherwise dispose of any rights or obligations under these Terms without the prior written consent of Tamapay.

Tamapay may assign or transfer its rights and obligations under these Terms, in whole or in part, to any affiliate, successor, or third party in connection with a merger, acquisition, corporate reorganization, sale of assets, or by operation of law, without the Payer’s consent.

18.3 Waiver

No failure or delay by Tamapay in exercising any right, power, or remedy under these Terms shall operate as a waiver thereof. Any waiver shall be effective only if made in writing and shall apply only to the specific matter for which it is given.

18.4 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or competent authority, such provision shall, to the extent possible, be construed so as to give effect to its intended purpose. If such construction is not possible, the affected provision shall be deemed severed, and the remaining provisions shall continue in full force and effect.

18.5 Entire Agreement

These Terms, together with Tamapay’s Privacy Policy, Refund and Chargeback Policy, and any other policies or documents expressly incorporated herein by reference, constitute the entire agreement between Tamapay and the Payer with respect to the access to and use of the Platform and the Services and supersede all prior or contemporaneous communications, representations, understandings, and agreements relating thereto.

Tamapay reserves the right to amend, modify, or update these Terms and any policies incorporated herein by reference from time to time to comply with applicable laws and regulations, reflect changes to the Services, adopt industry best practices, or for other legitimate business purposes. Any material amendments shall take effect upon posting the updated Terms on the Platform or on such later effective date as Tamapay may specify. Where required by applicable law or where reasonably practicable, Tamapay shall notify the Payer of any material amendments through the Payer’s registered email address or by other appropriate electronic means. The “Current as of” date appearing in these Terms shall indicate the date of the most recent revision. The Payer’s continued access to or use of the Platform following the effective date of the amendments shall constitute acceptance of the revised Terms.

18.6 Survival

Any provision of these Terms which, by its nature or express terms, is intended to survive the termination or expiration of these Terms, including without limitation provisions relating to intellectual property, payment obligations, refunds, limitation of liability, indemnification, privacy and data protection, and dispute resolution, shall survive such termination or expiration.

18.7 Contact Information

Questions regarding these Terms may be directed to Tamapay through the customer support channels identified in Section 16 (Customer Support and Complaint Resolution) or through such other contact information as Tamapay may designate on the Platform from time to time.