TERMS AND CONDITIONS
Welcome to LoadMeNa.com! The LoadMeNa.com team and its affiliates provide their services to you (“The User”) subject to the following terms, conditions and provisions ("Terms and Conditions or the Agreement"). By accessing, viewing, or using this site, you indicate that you understand and intend these Terms and Conditions to be the legal equivalent of a signed, written contract, and you accept and agree to be bound by these Terms and Conditions. LoadMeNa.com (“The Company”) reserves the right to change these Terms and Conditions at any time for any reason, and shall be reflected immediately in the site. Your continued use of this site following any modifications will be deemed to constitute acceptance of such modifications.
In the event that any provision contained in these Terms and Conditions is held by a court of competent jurisdiction to be contrary to any law, the remaining provisions of these Terms and Conditions will remain in full force and effect. No joint venture, partnership, employment, or agency relationship exists between The User and LoadMeNa.com as a result of these Terms and Conditions or your use of this site. The waiver by LoadMeNa.com of one breach or default under these Terms and Conditions shall not constitute the waiver of any subsequent or other breach or default.
Transactions on the Account
Upon your instructions through the LoadMeNa.com website to perform any of the transactions below;
1. Purchase of prepaid products;
2. Purchase of gift certificates (GCs) and the like;
3. Bills payment;
You authorize LoadMeNa.com to act immediately to charge your credit card account/debit card account through an accredited LoadMeNa.com third party payment processor; directly charge your credit card or debit card via direct connection of LoadMeNa.com with Financial institutions; or debit rewards points from your enrolled LoadMeNa.com account to fulfill all transactions specified.
The instruction to charge or debit an account shall be executed using the Password and/or any other authentication process which LoadMeNa.com may require to be used in connection with the LoadMeNa.com website without requiring LoadMeNa.com to make any further authentication or enquiry, and all such charges or debits to an account shall constitute your full and entire liability.
Upon receipt of a proper and complete instruction from you to purchase a product or service within the LoadMeNa.com website, LoadMeNa.com shall charge your credit card/debit card account via a third party payment processor or debit your LoadMeNa.com account according to the amount of the products/services purchased. LoadMeNa.com shall then immediately load a prepaid account designated by you with the amount purchased or provide a pre-paid PIN corresponding to the amount of the gift certificate / product purchased or pay for a bill of an account corresponding to the amount specified by you electronically.
Loadmena.com guarantees that it will complete and fulfill each and every transaction except for the following reasons:
a) Destination account number does not exist
b) Destination account number has been blocked/disabled by the merchant
All successfully processed transactions made thru the LoadMeNa.com website shall be final, non-reversible and shall always be for the account of the User.
The Prepaid issuer/Gift Card Certificate issuer or Product Owner/ Biller shall be solely liable to you with respect to the provision of the services to which the Prepaid Product/Gift Certificate/Bill applies. You understand that LoadMeNa.com is an independent entity appointed by Prepaid Issuers/Gift Card Issuers/Billers to act on their behalf to facilitate the purchase/payment of their products and services.
Any dispute involving any transaction should be immediately brought to the attention of LoadMeNa.com using the Customer Care tab on the customer's home page. LoadMeNa.com customer services officers will respond promptly with an investigation report and status within 24 hours.
Chargeback and Refunds
LoadMeNa.com will not accept any chargebacks for any reason including but not limited to incorrect account numbers, incorrect amounts or incorrect timing of payments whatsoever.
However, any refunds to the customer arising from the following situations will be credited back to the customer in the form of rewards points (1 Rewards Point = PHP1.00).
a) Destination account number does not exist
b) Destination account number has been blocked/disabled by the merchant
If for any reason a chargeback is initiated by the customer despite proof of the success and confirmation of payment provided by LoadMeNa.com based on the instructions of the User, LoadMeNa.com will report the incident to the Philippines National Bureau of Investigation and make sure that the beneficiaries of the fraudulent transactions in the Philippines are prosecuted to the full extent of the Laws of the Republic of the Philippines.
Third Party Services and Information
Information about some of the products and services on this Website may be subject to additional Legal Notices and Warnings, identified as such. These notices and warnings are important and are for the protection of both you and LoadMeNa.com. Please take the time to carefully read all Legal Notices and Warnings on the pages of Third Party Websites that you visit.
The third party products, services and information are not provided or endorsed by us and your legal relationship is with the third party supplier when purchasing such services or goods. We have not checked the accuracy or completeness of the information or the suitability or quality of the products and services of the third parties. You must make your own enquiries with the relevant third party supplier directly before relying on the third party information or entering into a transaction in relation to the third party products and services referred to on the Website.
We may receive fees and/or commissions from third parties for the sale of goods and services displayed or made available on the Website, for advertising goods and services on the Website, or in connection with the amount of visitors that leave the Website to go to a linked site. You acknowledge and consent to us receiving the fees.
When registering as a member of LoadMeNa.com, you must provide us with accurate, complete and up-to-date information as requested on the Registration Form. You acknowledge that the information supplied in your Registration Form will be truthful, accurate and complete. It is your responsibility to inform us of any changes to that information, including your region of residence. You may do this at any time by clicking on the ’Edit Account’ button on the User Page. All personal information you provide us as a member will be treated in accordance with the LoadMeNa.com
Username and Password
Once you become a member of the Website, you will receive a username and a password. You are solely responsible for all activities which occur under your username and password, including unauthorized use of your account or any other credit card enrolled in LoadMeNa.com. If you become aware of any unauthorized use of your username and password. If you forget or lose your password, you should request for a new password by visiting the ‘Forgotten your password’ section on the sign in page. You also agree that you will only register in your own name. Each username and password must be used by a single user and is not transferable.
This site contains links to sites owned and maintained by persons or entities other than LoadMeNa.com. LoadMeNa.com does not regularly review materials posted, or products or services offered, on the websites to which this site is linked. LoadMeNa.com does not endorse all of the materials, products, and services available on such linked sites, and LoadMeNa.com expressly disclaims responsibility for the contents of any linked site, the accuracy of any information contained in a linked site, and the quality of the products and services offered at any linked site. Any decision to view the contents of any linked site is solely yours and is made at your own risk.
LoadMeNa.com welcomes your comments about your experiences in shopping with us and your suggestions on how to improve this site. Any comments, ideas, suggestions, information, or any other content you contribute to LoadMeNa.com (including the name you submit with any content) will be deemed to include a royalty-free, perpetual, irrevocable, non-exclusive right and license for LoadMeNa.com to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display worldwide, or act on such content -- without additional approval or consideration-- in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you waive any claim to the contrary. You represent and warrant that you own or otherwise control all of the rights to the content that you contribute to this site and that use of your content by LoadMeNa.com will not infringe upon or violate the rights of any third party.
These general Terms and Conditions represent the entire Agreement between you and The Company and supersedes all prior offers, contracts, agreements and representations. This Agreement supersedes all promises made to you by our customer service team, representatives or employees. If any part of this Agreement is found invalid, the balance remains enforceable.
You agree to indemnify, defend, and hold harmless LoadMeNa.com, its affiliates, and all of their employees, agents, officers, directors, proprietors, partners, representatives, shareholders, attorneys, accountants, predecessors, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys' fees and litigation expenses) relating to or arising from your use of this site or any breach by you of these Terms and Conditions.
Variations of the Agreement
Where we are not required to notify you otherwise by law, we may alter the Agreement from time to time. Any such alteration shall become effective and shall be binding upon you 14 days after notice of such alteration has been sent to you by any of the following means: through the post or by electronic mail (Email) to your registered email address on your LoadMeNa.com account. You shall be entitled, upon receiving notice of any alteration to this Agreement, to immediately terminate the Agreement but without prejudice to any rights or obligations which have arisen prior the termination date, including your liability for any indebtedness on any Account or which has otherwise arisen prior to that termination date.
Use of Information and Confidentiality
You shall ensure that all information obtained from us by you relating to our operations, services, software, hardware and/or systems in connection with this Agreement shall be treated by you in strictest confidence and shall not be disclosed by you to any third party unless it is already in the public domain.
The Intellectual Property Rights in all data, information, systems, processes or other material used by or developed by us for the purposes of providing the Services or performing its obligations under this Agreement shall, or upon their creation, remain vested in us or its licensors. You shall use such material only for the purpose of receiving the Services, as contemplated by this Agreement.
The Intellectual Property Rights and contents of the entire Website are owned by us or its licensors. Reproduction in part or all of the contents of the Website in any form is prohibited without our prior consent, other than that you may print or download a copy of the contents of the Website for personal, non-commercial use.
Temporary Withdrawal of Service
In the event of a system breakdown, fault or malfunction of any system used in connection with the LoadMeNa.com Website, or where there is a real or potential security risk, LoadMeNa.com shall be entitled, without incurring any liability to you, to temporarily suspend the relevant Services or access to the Website for such reasonable period as may be required to remedy, address or resolve the system issue.
Your Account Limits
There shall be a limit to the amount and number of pre-paid load purchases / Gift Certificate purchases / Bills payment transactions that you can make via LoadMaNa.com. Number of transactions and amount limits shall be put in place to manage potential fraudulent transactions. You will be automatically notified through the Website when these limits are reached or when you attempt to effect purchases / bills payment in excess of the limits. Other limits and exclusions may apply to the way which you can use this Website and you will be notified of these through your use of the Website. However, if the User feels that their legitimate purchases are beyond the limits set, then they can request for an increase in those limits by opening a ticket with customer service.
You shall ensure that all instructions given by you to us through the Website are accurate and complete, and that, where appropriate, you correctly identify the account to which any amount is to be credited or debited. Further, prior to confirming any instruction to us, you shall ensure that the instruction that you send through the LoadMeNa.com Website is the instruction which you intend to give. We are entitled to rely on any instruction from you and, for the avoidance of doubt, the processing by us of any confirmed instruction shall be final and binding on you.
Termination of the Agreement
We may terminate the Agreement and withdraw the Website and the Services provided through it:
(a) On giving you at least 1 day prior written notice;
(b) Immediately upon breach by you of any of the terms of this Agreement or where there are serious grounds for doing so and provided you are informed by notice in writing as soon as is reasonably possible after termination;
(c) Immediately upon your bankruptcy or other contractual incapacity;
(d) If you have not accessed the Website in any period of 12 consecutive months; or
(e) If we reasonably believe that any of the Services have been used negligently, illegally or fraudulently by you, or by a third party as a result of your negligence or recklessness.
This Agreement does not have a minimum or finite duration and will continue to be binding on the parties until it is terminated. All of the Terms and Conditions remain in full force while your account is active. All purchases made prior to termination are considered valid and billable to you.
The Company reserves the right to process or cancel any transactions in progress on termination of this Agreement or on suspension or withdrawal of the Services. We are not responsible for any loss you may incur as a result of any transaction not being processed as part of the Services after termination of the Agreement or after any suspension or withdrawal of the Services.
Save where expressly provided, any notice required to be given by you to us in connection with the subject matter of this Agreement shall be sent through the customer care tab on the customer home page.
Security, Maintenance and Availability
You accept that electronic communications, the internet, telephone lines or SMS-based telecommunications media may not be secure and communications via such media may be intercepted by unauthorized persons or delivered incorrectly. In consequence we cannot guarantee the privacy or confidentiality of communications via such media although we will put in place security measures to protect these methods of communications.
To ensure the high quality of service that LoadMeNa.com provides you, from time to time it may be necessary to upgrade/enhance the website for security and maintenance reasons. During this time, LoadMeNa.com shall have the right to:
1. Make all of the Services unavailable to you; and/or
2. Delay implementation of any new Services; and/or
3. Withdraw, replace or reissue Passwords; and/or
4. Change authentication procedures or processes for accessing the Website or the Services and while we will use reasonable endeavors to minimize any inconvenience caused to you, you accept that these events may occur and that we have no liability to it in the event of this happening. Where we change authentication procedures for accessing the Website or the Services then, notwithstanding any other term of this Agreement, we may introduce these procedures by giving instructions to you via the Website in respect of which such procedures are being introduced.
We may assign all or part of this Agreement without such assignment being considered change to the Agreement and without notice to you. We are then released from all liability. You may not assign this Agreement without our prior written approval.
All relations established by us with you prior to this Agreement being entered into, and this Agreement, are governed by and will be construed with the laws of the Philippines, and the courts of the Philippines shall have exclusive jurisdiction to resolve any disputes in connection with them.
If, at any time, any provision of this Agreement (or any part of a provision of this Agreement) is or becomes illegal, invalid or unenforceable, that shall not affect or impair the legality, validity or enforceability of the remainder of this Agreement (including the remainder of a provision where only part thereof is or has become illegal, invalid or unenforceable).
Any waiver by us of a breach or default of any of the provisions of this Agreement shall not be construed as a waiver of any succeeding breach of the same or other provisions, nor shall any delay or omission on our part to exercise or avail of any right, power or privilege that we have or may have, operate as a waiver of any breach or default by you.
Limitation of Liability
We are not liable for acts or omissions of another service provider, for information provided through your phone, equipment failure or modification, or causes beyond our reasonable control. We are not liable for any accidents or incidents, which result from the use of LoadMeNa.com by you or any other person. Our liability and the liability of any underlying carrier for any failure or mistake shall in no event exceed our charges during the affected period. We and any underlying carrier are not liable for any incidental, punitive or consequential damages such as lost profits. We and any underlying carrier are not liable for economic loss or injury to persons or property arising from the use of LoadMeNa.com. Additionally, in no event will the Company, Company Affiliates, Content Providers and their respective shareholders be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential damages of any kind (including, but not limited to, economic loss, loss of information or data, interruption, delay or loss of access to or use of the Internet, and the like), arising in any way or any manner from or relating to this site, errors or omissions in the content or defects in the services provided by LoadMeNa.com hereunder or your access to and use of this Website. The limitations contained in the site shall apply regardless of the form of action, whether in contract, tort or strict liability, and regardless of the nature or number of claims or actions. This paragraph shall survive termination of this Agreement.
LoadMeNa.com does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the site, any merchandise, information or service provided through the site or on the internet generally, and we shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. It is your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the site or on the internet generally. We do not warrant that the service will be uninterrupted or error-free or that defects in the site will be corrected. The site and any information made available on the site are provided on an "as is, as available" basis. In no event will LoadMeNa.com be liable for (1) any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the site. We do not authorize anyone to make any warranty on our behalf and you should not rely on any such statement. This paragraph shall survive termination of this agreement.
Words in bold print in this Definitions Clause have the meanings respectively set under them when used in this Agreement and, where the context admits, the singular form shall include the plural form and vice versa.
The agreement concluded between us and you for the purposes of receiving the any of the Services through the Website.
“We”, “Us” and “Our”
Refers to LoadMeNa.com, including its successors and assignees.
Refers to the fees payable for the products/services provided to you by us, which shall be made known to you while you are using our Website.
Intellectual Property Rights
“Intellectual Property Rights” means all copyright, patents, trademarks, registered and unregistered design rights, rights in databases and topography rights and other intellectual property rights, all rights to bring an action for passing off, all rights to apply for protection in respect of any of the above rights and all other forms or protection of a similar nature or having equivalent or similar effect to any of these which may subsist anywhere in the world, and includes any trademarks that we have in the phrase “LoadMeNa.com”.
The process which must be accurately and fully completed by you when registering with us for the use of LoadMeNa.com Services, including, but not limited to, application forms, online application forms and forms completed by you.
The password provided by you in the registration process and allocated by us to you in connection with the Website and the Services.
Terms and Conditions
The terms and conditions governing the provision of the Website and the Services to you, which are set out in this document, and such other terms and conditions as may be added to or substituted for them from time to time pursuant to the Agreement.
Refers to LoadMeNa.com.