KIQ APP
TERMS AND CONDITIONS

Welcome to the KiQ App, the mobile Application ("App") that will help you manage, avail of, and discover various services offered and managed by Smart Communications, Inc. ("SMART", "we", or "us") in a single life service platform.

BY USING THE KIQ APP AND AVAILING OF THE SERVICES IT OFFERS, INCLUDING THE USE OF THE APP TO REGISTER YOUR SIM, YOU ARE ACCEPTING THESE TERMS AND CONDITIONS PERTAINING TO THE USE OF THE KIQ APP FOR SIM REGISTRATION (the "SIM Registration Terms and Conditions"). IN CASE WE MAKE CHANGES TO THESE TERMS AND CONDITIONS WHICH WOULD MATERIALY CHANGE YOUR RIGHTS AND OBLIGATIONS IN THE USE OF THE KIQ APP, WE SHALL NOTIFY YOU OF SUCH CHANGES THROUGH THE COMMUNICATION CHANNELS IN THE APP, i.e. Inbox notifications and push notifications. YOUR CONTINUED USE OF THE KIQ APP FOLLOWING THE POSSIBLE KIQ APP CHANGES TO THESE TERMS AND CONDITIONS WILL BE CONSTRUED AS YOUR ACCEPTANCE OF THE AMENDED TERMS AND CONDITIONS.

1. Description

By accessing the KiQ App, you can manage and view KiQ products and prepaid offers, check your balance, subscribe to offers, view amount due, as well as purchase history for the mobile number/s you own. Using your mobile number and password, you can purchase another SIM card and it will automatically link to the new SIM. The subscriber then can access all and manage the KiQ account/s. A One-Time PIN ("OTP") is needed in purchasing a new SIM.

2. Registration, Passwords, and Security

Users of KiQ App will need to register their email address and nominate a password in order to get access to other features of the App such as but not limited to purchasing a SIM card, linking multiple accounts and viewing account details.

A strong password is required that have at least 8 characters, 1 uppercase letter and 1 number. Change your password regularly as an added precaution. You are responsible for maintaining the confidentiality and security of your mobile number and password combination; you are fully responsible for all activities that are performed on the KiQ App once successfully logged in. You agree to immediately notify us of any unauthorized access or use of your KiQ app as well as any other breach of security. Without limiting any rights, we reserve the right to take any and all action, as we deem necessary or reasonable, including suspending or terminating of your KiQ app account, asking you to change your KiQ App password or requesting additional information to authorize any or all transactions made on the KiQ app through your KiQ app account to legitimize transactions made by anyone who may have accessed your account using your registered mobile number and password combination. Under no circumstances shall KiQ be held liable for any liabilities or damages, resulting from, or arising out of, (i) any action or inaction of and through the App resulting from any type of access under this provision, (ii) any transaction resulting from any compromise of the confidentiality and security of your KiQ app account mobile number and password combination, and (iii) any unauthorized access of your account or use of your password.

The security of your personal data and account information is important to us. We will take reasonable steps to help ensure the safety of your personal data and account information. However, you understand and agree that such steps do not guarantee that the use of the KiQ App is invulnerable to all security breaches, and that we make no warranty, guarantee, or representation from the use of the portion of the KiQ app against viruses, security threats, and other vulnerabilities.

3. Password Reset and Change Password

In case you forget your password, you may reset it by clicking 'Forgot Password?' option in the Sign in page. You will be required to input your email address for OTP to be sent through which you will use to verify request to create a new password for your account in the app. You will then be prompted to nominate a new password.

4. KiQ App Account Verification

Users of KiQ app will be required to undergo verification process for their first-time Sign Up by inputting the One-Time Password (OTP) sent to their nominated email address.

5. Deleting my KiQ App account

You can delete your KiQ App account at any time in the Profile section of the app. All linked accounts will also be unlinked. Upon clicking 'Delete Account', users will be redirected to a form where they will have to explain the reason for account deletion, subject to a ticket for the support team of KiQ for evaluation.

The KiQ account won't be deleted right away but the result of the evaluation will be sent via the KiQ subscriber's confirmed email and/or KiQ mobile number.

6. Package Subscription

You have access to several prepaid offers through the KiQ App. By subscribing to an offer for you or your linked KiQ mobile numbers, you agree to the terms and conditions governing that prepaid offer and its inclusions. Further, you understand that subscribing to a prepaid offer means you are going to get charged against your nominated payment method upon checkout, (a) linked Maya account, (b) linked Debit/Credit cards, or (c) GCash

7. View Inclusions of usage

Users of the KiQ App are now able to view the total inclusion of their active subscriptions or current package. This may include data, calls and texts inclusions as well as the status of freebies from your ongoing subscriptions.

8. Payment Terms

Unless otherwise indicated, the purchase price of the products and services plus applicable taxes, if any, will be billed in full at the time of payment confirmation. Payment may be made through debit/credit cards (MasterCard, Visa, and JCB Credit Cards), Maya (e-wallet and Maya Credit) and GCash.

KiQ has full discretion on which payment channel/s to use for each product available in the KiQ App and may decide to nominate or disallow the use of one or a combination of payment methods for a specific product or service.

For credit card transactions, Maya will verify the credit card used. A pre-authentication procedure may be performed at the discretion of KiQ to register the credit card used, and check-out shall only be completed after a successful pre-authentication procedure. Your credit card will be charged once you complete the process and confirm the payment.

Credit card used online will be charged its Philippine Peso (PhP) equivalent. Currency conversion may result in differences between the amount paid and the amount that will be charged to your account by the credit card company.

For Maya Credit transactions, only Maya accounts with activated Maya Credit are eligible to use the payment option in Smart App. You may activate your Maya Credit via the Maya App.

For GCash transactions, payment will be settled through external redirection to GCash checkout platform where the subscriber can nominate their chosen GCash account, confirm it via OTP, and pay the amount reflected in PHP. Once successful, KiQ will redirect back the subscriber to the app, showing the checkout successful page.

KiQ reserves the right to deny or reject sale product/s purchased under this service if KiQ has reason to believe that the said purchase was acquired using a fraudulent credit card or other reason at the sole discretion of KiQ.

If purchase is rejected or denied after a successful payment of chosen payment method, KiQ will initiate a refund of the full amount that was charged to the chosen payment method (Credit/Debit, Maya wallet/ Maya Credit and GCash). The processing time for the reversal of charges is subject to the timeline of the respective bank or payment method used.

9. Breach and Termination of Membership

You are considered to have breached the terms if you commit any of the following: (a) any act that materially damages the image or reputation of KiQ, or any partner merchant; or (b) any fraud, misrepresentation or any violation of these Terms and Conditions. KiQ may immediately terminate your membership in the event of a breach, or convenience on sixty days (60 days) prior notice to the subscriber. Upon termination of the membership, KiQ app access for the MIN and email will be permanently deleted without access to recovery, and the MIN and email will be blocklisted for future registrations as well.

10. Force Majeure

KiQ shall not be responsible for damages, delays, non-performance or failure in performance resulting from acts or occurrences beyond its reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, flood, typhoon, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies; any law, order, regulation, ordinance or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including, without limitation, strikes, slowdowns, picketing or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.

11. Disclaimers

YOUR USE OF THE KiQ APP AND ITS SERVICE IS AT YOUR OWN RISK. THE INFORMATION, MATERIALS, AND SERVICES PROVIDED ON OR THROUGH THE KIQ APP IS "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY. WHILE WE TRY OUR BEST TO PROVIDE THE MOST ACCURATE AND UP TO DATE INFORMATION, KIQ DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THE KIQ APP. SOME MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE KIQ APP MAY BE OUT OF DATE. KIQ APP DOES NOT MAKE ANY COMMITMENT OR ASSUME ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS, OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW.

12. Limitations of Liability

KIQ does not assume any responsibility for, and will not be liable for, any damages to, or any viruses that may infect your devices, telecommunication equipment or other property caused by, or arising from, your access to, use of, or browsing of the KiQ App, or your downloading of any information or materials from the KiQ App. KiQ App does not guarantee continuous, uninterrupted or secure access to the Kiq App or its operations. It may be interfered with by numerous factors outside of our control. IN NO EVENT WILL KIQ OR ANY OF ITS OFFICERS, DIRECTORS, BOARD OF TRUSTEES, EMPLOYEES, SPONSORS, SHAREHOLDERS, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE KIQ APP, BE LIABLE TO YOU OR ANYONE INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING FROM THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE KIQ APP, ANY APPLICATIONS LINKED TO THE KIQ APP; THE MATERIALS, INFORMATION OR SERVICES, ANY OR ALL SUCH APPLICATIONS, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LAW AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. IN THE EVENT OF ANY PROBLEM WITH THE KIQ APP SERVICES OR ANY CONTENT, YOU AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO REPORT IT VIA THE KIQ APP HELP, OR CEASE USING THE KIQ APP ON YOUR OWN TERMS.

13. Indemnity

You agree to defend, indemnify and hold KiQ, free and harmless from any and all liabilities, costs, and expenses, including reasonable attorneys' fees, related to or in connection with: (a) the use of the KiQ App or the Internet or your placement or transmission of any message or information on the KiQ App (b) your violation of any of these Terms and Conditions, including without limitation, your breach of any of the representations and warranties above, (c) your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights, and (d) your violation of any law, rule or regulation of the Republic of the Philippines relating to your use of the KiQ app.

14. Release

In the event that you have a dispute with one or more other users of the KiQ App, you release KiQ (and each of our officers, directors, board of trustees, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

15. Applicable Laws and Venue

These Terms and Conditions shall be construed and enforced under the laws of the Republic of the Philippines. The parties hereby consent to and submit to the exclusive jurisdiction of the courts in Makati City, Philippines.

16. General

If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be deleted, and the remaining provisions shall continue to be enforced. You agree that these Terms and Conditions and all incorporated agreements may be automatically assigned by KiQ at our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or other users does not waive our right to act with respect to subsequent or similar breaches. These Terms and Conditions set forth the entire understanding and agreement between us with respect to the subject matter hereof. Sections 6 (Limitations of Liability), 7 (Indemnity), and 8 (Release) shall survive any termination or expiration of these Terms and Conditions, your access to the KiQ App or use of the features of the KiQ app.

17. Entire Agreement

These Terms and Conditions are the entire agreement between the user and KiQ App supersede any prior understandings or agreements (written or oral). If you do not agree to these Terms and Conditions, please do not continue accessing the KiQ App.

18. Intellectual Property Notice

KiQ is the owner and manager of the KiQ App and the owner/ authorized licensee of all copyright, trademarks, design rights, content, graphics, text selections, or any other intellectual property rights used in the KiQ App. All rights reserved.