Stork Wallet Terms of Use
The following Terms and Conditions shall govern your use and access of the Stork.ph electronic wallet ("Stork Wallet"). The Stork Wallet is associated with your Stork.ph customer-client Account and is intended for effecting payment for the purchase of products.
Requesting and/or using the Stork Wallet, you, the User, agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use the Stork Wallet. These Terms and Conditions are in addition to the Terms and Conditions governing your use of the Stork.ph Platform and your Stork.ph customer-client Account.
DEFINITIONS AND INTERPRETATION
Unless the context otherwise requires, the following expressions shall have the following meanings in these Terms and Conditions:
“Stork.ph” means the entity set out in the recitals to these Terms and Conditions and includes its successors and assigns.
“Stork.ph Account” means the online account of the User on the Stork.ph Website.
“Stork.ph Payment Account Balance (Storkbucks)” is defined in clause 3.1 of these Terms and Conditions.
“Stork.ph Website” is defined as the website from which you purchased the products offered by the Stork.ph.
“Payment Instrument” is defined in clause 3.1.
“Personal Data” means data which can be used to identify, contact or locate an individual. Personal Data can include your name, e-mail address, billing address, shipping address, phone number and credit card information.
"User" means an authorized user of the Stork.ph Payment Account.
1. ACCESS TO THE Stork Wallet ACCOUNT
You agree to:
1.1 use your Stork Wallet only for lawful purposes and in a lawful manner at all times;
1.2 comply with any and all guidelines, notices, operating rules, and policies and instructions pertaining to the use of the Stork Wallet, as well as any amendments thereto issued by us from time to time; and
1.3 ensure that any information or data you provide to us in connection with the Stork Wallet is accurate.
Use of the Stork Wallet is restricted to registered users of the Stork.ph Website.
2. REGISTRATION
2.1 The registration process for the Stork.ph Account requires you to provide Stork.ph with accurate and complete personal information.
2.2 We may request for additional information or documentation at any time, for the reason of operating the Stork Wallet.
2.3 Each User is only entitled to have one (1) Stork Wallet associated with his or her Stork.ph Account.
2.4 You are solely responsible for keeping your username and password to your Stork Wallet. Stork.ph is not liable for any disclosure or unauthorized use of your username or password. If your username or password has been compromised, you must inform Stork.ph immediately.
2.6 All Personal Data provided to us will be handled, stored, and processed according to our Stork Wallet Privacy Policy (“Privacy Policy”).
3. STORK.PH STORKBUCKS (ACCOUNT BALANCE)
3.1 You may maintain funds in your Stork Wallet, and such funds, less any monies owed to us, will be regarded as the balance of your Stork Wallet ("Stork Wallet Bucket Points"). Funds can be accumulated in your Stork Wallet balance by means of a transfer of funds from certain payment instruments we accept or through our rebates/rewards programme (“Storkbucks Policy”). Your rights and obligations in relation to any such rebates/rewards programme shall be covered by separate policy or terms and conditions.
3.2 Unless otherwise stated, you are solely liable for any fees raised by third parties including card issuers or banks (if applicable), associated with funding your Stork Wallet Balance. However, we reserve the right to decline acceptance of any payment instruments, as funding methods at our sole discretion
3.3 We reserve the right to impose limits on your use of Stork Wallet from time to time.
4. USING YOUR STORK.PH PAYMENT ACCOUNT
4.1 You may use your Stork Wallet to purchase products through the Stork.ph Website. For security reasons, we may limit the amount or number of transactions you can make through your Stork Wallet. We may require that you submit additional identification documents prior to you making a purchase at our sole discretion.
4.2 Each time you use your Stork Wallet, you authorize us to reduce the value available in your Stork Wallet Balance by the total amount of the transaction. You can only make payments using your Stork Wallet to the extent that you have Stork Wallet Balance sufficient to support those transactions. You are not allowed to make purchases in excess of your Stork Wallet Balance.
4.3 We shall have the right to refuse any transaction on your Stork Wallet if:
4.3.1 the transaction does not satisfy these Terms and Conditions or the terms and conditions of your Stork.ph Account; or
4.3.2 where we have reason to believe that the transaction may violate any laws, rules or regulations or may otherwise subject us or any of our affiliates to liability or obligation.
4.4 You shall complete any purchases in accordance with the applicable Terms and Conditions of the Stork.ph Website, which may be amended from time to time at Stork.ph’s discretion without notice.
4.5 You acknowledge and agree that we are not a bank or remittance agent and the services we provide to you in connection with your Stork Wallet.
4.6 We may report any suspicious activity in connection with your Stork Wallet to the relevant authorities.
5. REFUNDS
If, having purchased products on the Stork.ph Website using your Stork Wallet, you are subsequently entitled to a refund in respect of such products, you agree that we will issue a reversal of funds, to be credited to your Stork Wallet Balance for such refunds.
6. CLOSURE AND NON-USE OF YOUR STORK.PH PAYMENT ACCOUNT
6.1 You may request that we close your Stork Wallet at any time.
6.2 We may, at any time and at our absolute and sole discretion:
6.2.1 discontinue your use of the Stork Wallet or any part thereof;
6.2.2 close your Stork Wallet; and/or
6.2.3 reactivate your Stork Wallet upon the completion of any relevant internal investigations (where applicable).
6.4 Closure of your Stork Wallet will not cancel any cleared transactions which you have already undertaken.
6.5 If your Stork Wallet is closed for any reason, we will contact you to arrange for the refund of any residual electronic funds in that Stork Wallet, if applicable.
7. AVAILABILITY OF STORK.PH PAYMENT ACCOUNT
We may, from time to time and without giving any reason or prior notice to you, upgrade, modify, suspend or discontinue the provision of your Stork Wallet and we shall not be liable if any such upgrade, modification or suspension prevents you from accessing your Stork Wallet or any part of it.
8. REPRESENTATIONS, WARRANTIES, AND INDEMNITY
By accepting these Terms and Conditions, you represent and warrant that you are at least [18] years of age and not violating any applicable laws or regulations through your use of your Stork Wallet, and you agree to defend, indemnify and hold us, our Indemnitees, affiliates and authorized representatives harmless from any claim, demand (including legal fees and costs), fines, penalties or other liability incurred by us due to or arising out of your breach of this representation and warranty.
9. RESTRICTED ACTIVITIES
9.1 In connection with your use of your Stork Wallet, you shall not:
9.1.1 Provide false, inaccurate or misleading information;
9.1.2 Use your Stork Wallet for any illegal activities;
9.1.3 Use your Stork Wallet in a manner that may result in complaints, disputes, claims, penalties or other liability to us, other users or third parties or may be regarded as an abuse of the relevant card system or a violation of the relevant card association or network rules; or
9.1.4 Breach these Terms and Conditions and/or the Privacy Policy or violate any applicable laws and regulations.
9.2 If we, in our sole discretion, believe that you may have engaged in the above restricted activities, we may take various actions, including the following:
9.2.1 We may suspend or restrict your access to and/or close your Stork Wallet;
9.2.2 We may terminate these Terms and Conditions and refuse to provide the services to you;
9.2.3 We may place a hold on your Stork Wallet Balance for up to 180 days if reasonably needed to protect against the risk of liability; or
9.2.4 We may take legal action against you.
9.3 If you are below 18 years old you must obtain consent from your parent(s) or legal guardian(s). By consenting to your acceptance of these Terms and Conditions, your parent(s) or legal guardian(s) are agreeing to take responsibility for: (i) your actions in your use of the Stork Wallet; (ii) any charges associated with your use of any of the Stork Wallet; and (iii) your compliance with these Terms and Conditions. If you do not have consent from your parent(s) or legal guardian(s), you must cease using the Stork Wallet.
10. MISCELLANEOUS
10.1 Cumulative rights and remedies
Unless otherwise provided under these Terms and Conditions, the provisions of these Terms and Conditions and our rights and remedies under these Terms and Conditions are cumulative and are without prejudice and in addition to any rights or remedies we may have in law or in equity, and no exercise by us of any one right or remedy under these Terms and Conditions, or at law or in equity, shall (save to the extent, if any, provided expressly in these Terms and Conditions or at law or in equity) operate so as to hinder or prevent our exercise of any other such right or remedy at law or in equity.
10.2 No waiver
Our failure to enforce these Terms and Conditions shall not constitute a waiver of these terms, and such failure shall not affect our right to later enforce these Terms and Conditions.
10.3 Severability
If at any time any provision of these Terms and Conditions become illegal, invalid or unenforceable in any respect, the legality, validity and enforceability of the remaining provisions of these Terms and Conditions shall not be affected or impaired thereby, and shall continue in force as if such illegal, invalid or unenforceable provision was severed from these Terms and Conditions.
10.4 Rights of third parties
A person or entity who is not a party to these Terms and Conditions shall have no right to enforce any term of these Terms and Conditions, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, nothing in this clause shall affect the rights of any permitted assignee or transferee of these Terms and Conditions.
10.5 Governing law
Use of the Stork Wallet, and these Terms and Conditions shall be governed by and construed in accordance with Philippine law and you hereby submit to the exclusive jurisdiction of the courts of Quezon City.
10.6 Force Majeure
We shall not be liable for non-performance, error, interruption or delay in the performance of our obligations under these Terms and Conditions (or any part thereof) or for any inaccuracy, unreliability or unsuitability of Stork Wallet if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond our reasonable control.