By clicking on the Agree button at the end of this document, it is construed that you have read, understood, and agreed to these Terms and Conditions on the use of the DBP AussiePadala remittance portal.
1. Registered Users
The DBP AussiePadala remittance portal is designed to be used only by Registered Users holding accounts in Australian banks intending to transfer funds using Australia’s Pay Anyone or domestic interbank fund transfer facility to Beneficiaries with bank accounts maintained with any bank in the Philippines. If you are not an account holder with any Australian bank, or if your Beneficiary does not have a bank account in the Philippines, the AussiePadala service is not available for your use.
Before using this service, you are required to sign in as a Registered User. You should provide true, accurate, current and complete information, as prompted by the registration form on the AussiePadala portal, and to update this information to keep it true, accurate, current and complete at all times. If, in the judgment of or to the knowledge of DBP, any information provided by the Registered User is untrue, inaccurate, not current or incomplete, DBP retains the right to terminate the Registered User's registration and refuse the Registered User access to or use of the portal, including the cancellation of pending transactions. DBP reserves the right to request the Registered User for additional information (including payment information) and/or proof of authenticity of any information. The Registered User’s continued access to the portal, including the completion of any ongoing transaction, may be subject to the receipt by DBP of such additional information or proof thereof. DBP reserves the right to verify any information provided by the Registered User and the Registered User hereby authorizes DBP to verify any such information.
2. The BSB Account Number
At the end of each fund transfer session, you will receive a unique BSB Account Number, which should be used to complete the Pay Anyone or domestic interbank fund transfer fund transfer from your Australian bank account. It is important for you to check that the BSB and Account Number you encode when making a Pay Anyone or domestic interbank transfer are correct because payments are processed using the BSB and account number only, without checking the account name. Funds may be credited to the account of an unintended recipient if the BSB and Account Number are not correct. It may not be possible to recover funds from an unintended recipient. DBP will not be liable for Payments made where incorrect details have been entered. The DBP AussiePadala Team at DBP will not act on your instruction until confirmation is received from our partner, Westpac Banking Corporation, that funds have been credited to the BSB Account Number associated with your transaction.
3. Committed Service Speed
Assuming all Beneficiary details you supplied in the AussiePadala portal are correct, and provided the Pay Anyone or domestic interbank transfer is made before 6pm (AEST) Monday to Friday, fund transfers will normally be credited to your Philippine Beneficiary’s bank account on the next banking day . Any transfers made after 6pm (AEST) of a banking day will be processed on the second banking day. Transfer made on a weekend or NSW public holiday will be processed on the second banking day.
You hereby agree that DBP has no control over the availability of your remitted funds for your Beneficiary’s use at your Beneficiary's bank, and DBP shall not be responsible for any delay or default on the part of such financial institution, except when DBP is held liable for contributory negligence as provided under applicable law or regulation. DBP shall assume no responsibility for the performance of any intermediary institution involved in the transfer process; and for any loss or damage incurred or suffered by the Registered User for any error, defect, failure or interruption of the portal or consequences arising out of delayed payments.
4. Confidentiality of Information
The profile you register with on the DBP AussiePadala remittance portal and the beneficiary details you provide therein shall be kept confidential and will not be shared for any commercial purposes. Private, personal, and privileged information are covered and protected under Republic Act No. 10173 or the Philippine Data Privacy Act of 2012.
5. Safekeeping of Passwords and System Security
While DBP has put in place measures to secure the DBP website and the AussiePadala remittance portal, it has no warranty on the confidentiality, secrecy and security of any information sent out through any internet service provider, network system or other similar system in the course of your online transactions.
As Registered User, you are solely and absolutely responsible for maintaining the secrecy and confidentiality of your Registered User IDs and Registered User Passwords, and shall be fully responsible and liable for all transactions and activities that occur under the Registered User's ID and using the Registered User’s Password, including any unauthorized use or misuse of such Registered User ID and/or Registered User Password. DBP shall have no obligation to verify the authenticity of any such transaction or activity using your Registered User ID and Registered User Password . As Registered User, you hereby agree unconditionally to indemnify DBP and hold DBP harmless against any liability, costs, damages, claims, suits, and proceedings based upon or relating to such unauthorized access and use. Without prejudice to the foregoing, you agree to immediately notify DBP through Email, telephone, or registered postal address in case of any suspected security breach, loss, theft, unauthorized usage of the Registered User ID or Registered User’s Password, or any other breach of security, or any receipt by the Registered User of confirmation of a transaction, funds or other activity which the Registered User did not authorize; or any inaccurate information in the Registered User's transaction history,.
If you forgot your Registered User Password, DBP AussiePadala Team may, subject to verification as to the Registered User’s identity, send a temporary replacement password to the registered email address provided by the Registered User at the time of registration. The Registered User must change the temporary password as soon as it is received, and until such time this password shall be deemed to be the Registered User's Password and the Registered User will be responsible and liable for all transactions pursuant thereto.
6. Accuracy of Information Supplied
Except as otherwise provided by applicable law or regulation, DBP shall not be responsible for any error or omission made by the Registered User in keying in or otherwise providing the information required to avail of the AussiePadala remittance portal or any consequences as a result of such error or omission. If you provide us with an incorrect account number for the Beneficiary/ recipient or an incorrect identification or routing number for the Beneficiary/ recipient’s financial institution, you may lose the entire amount of the funds transferred. For remittance transfers in favor of a Beneficiary/ recipient holding an account with DBP, in case of any inconsistency in the Beneficiary/ recipient name and account number (and related details) provided by the Registered User as against the details available with DBP, the remittance transfer may be held and not processed to enable DBP to seek additional details and remedies.
7. System Availability
The DBP AussiePadala portal is available 24/7. However, the DBP website and some or all of the services of the AussiePadala portal may not be available at certain times due to system maintenance and/or computer, telecommunication, electrical or network failure, or any other reasons beyond our control. DBP will not be liable to you nor will it have to explain the reasons whenever access to the portal is unavailable or not possible. Your access to the DBP website and the DBP AussiePadala remittance portal through your internet service or network provider in the country from where the service is accessed is subject to and governed by the relevant laws and regulations of that country and by terms and conditions mandated by your internet service or network provider.
Your Australian bank’s online banking facility and the Pay Anyone facility are outside the scope of the AussiePadala remittance portal. Access and usage of these facilities are governed by the respective Terms and Conditions you made with your Australian bank.
8. Service Fees and Charges
DBP may set its own fees and charges for fund transfer services as displayed on the AussiePadala site, and may revise the same at any time without prior notice. DBP does not control and is not responsible in any manner for any fees or charges, if any, that may be imposed by third parties in connection with the fund transfer, including those imposed by the Australian bank where you will draw your funds from, the Australian Pay Anyone facility, and the Philippine bank where your beneficiary maintains his/her account. In the event the funds are for any reason required to be redirected to another account / location, or any other additional service is required, DBP shall levy additional charges and remit the amount after deducting such additional charges.
9. Foreign Exchange Conversion Rates
The foreign currency conversion rate shown on the portal calculator is for estimation purposes only, and does not in any way guarantee or represent the foreign exchange conversion rate that will actually be applied to the funds you send. DBP shall carry out the conversion of foreign currency to Philippine Pesos, and will apply the foreign exchange conversion rate prevailing on the day of conversion.
10. Proprietary Rights
The AussiePadala name, DBP logo, all trademarks, tradenames, servicemarks, patent copyrights remain vested in DBP and may not be used, copied, modified without the proper notice in writing and consent from us.
11. No Agency or Banking Relationship
The Terms and Conditions and the use by the Registered User or access to the Website or any Facilities are not intended to create an agency, partnership, joint-venture, employer-employee or banker-customer relationship between the Registered User or the beneficiary of the one part and DBP or Service Provider of the other part, except where otherwise specifically agreed or appointed. Specifically, the use of the AussiePadala remittance portal does not establish a checking account or any other form of a bank account for the Registered User or the Beneficiary with DBP and neither does it constitute or create a fiduciary or escrow capacity between the Visitor or the Beneficiary and DBP. Funds held while processing a remittance payment request are not insured by any government authority. None of the Facilities offered hereby is a funds transfer or transmission service , and a Registered User’s request or instruction while using a Facility is not a payment order or other request for a funds transfer.
12. Indemnity
Each Registered User agrees to defend, indemnify and hold DBP, and Service Providers and each of their respective affiliates, directors, officers and employees, harmless from any and all claims, liabilities, damages, costs, expenses and proceedings, including reasonable attorneys' fees, arising in any way from the Registered User's use of the Website, whether in the Philippines or any other jurisdiction, violation of Anti-Money Laundering Laws in Australia and/or the Philippines, the inaccuracy or incompleteness of registration information, or the placement or transmission of any message, information, software or other materials through the Website by the Visitor, the Registered User or users of the Registered User's ID and password or related to any violation of the Terms and Conditions by the Visitor or Registered User or users of the Registered User's ID and password, and any claims dispute or differences between the Visitor or Registered User and any supplier of services that are part of the Facilities.
DISCLAIMERS
The DBP website and the AussiePadala remittance portal are made available to the Registered Users “as is” and without any representation or warranty of any kind, either express or implied, including without limitation, any representation or warranty for accuracy, continuity, uninterrupted access, timeliness, sequence, quality, performance, fitness for any particular purpose, completeness, title, compatibility, warranty of non-infringement, freedom from computer virus, warranties of merchantability or fitness for a particular purpose, each to the extent permissible by applicable law.
Although DBP adopts security measures that it considers appropriate for the AussiePadala facility, it does not represent or warrant that the facility is immune from hacking, denial of service attacks, unauthorized access or other illegal subversion of these security measures that might impair the working and availability of the facility, or the integrity and confidentiality of Registered User’s personal and login information or accounts. DBP disclaims liability arising from any such acts or occurrences. Furthermore, while DBP takes reasonable precautions to avoid such eventualities, the Registered User understands that communications through Internet are not always secure and agrees that DBP shall not be responsible for any unauthorized or illegal interception of e-mail or other communication to or from DBP.
Information and Facilities on the AussiePadala Website may be displayed and offered in a phased manner at the discretion of DBP. DBP shall have the right to from time to time and in its discretion, introduce new information and functionality and add to, modify, suspend or withdraw any information or functionality or the terms thereof in whole or in part without any prior notice. While DBP has taken steps to ensure that the AussiePadala services are offered to a Registered User without interruption or delay, continued provision of the services may be impractical or impossible due to the failure of operational systems for reasons including but not limited to virus attacks, natural calamity, floods, fire and other natural disasters, legal restraints, faults in the telecommunication network or network failure, system maintenance, software or hardware error, labor problems, strikes or any other reason beyond the control of DBP, and DBP provides no guarantee that any instructions or transactions will definitely be communicated, processed or performed using the AussiePadala remittance portal.
DBP operates and offers the AussiePadala remittance portal strictly on a no-liability and no-obligation basis, and DBP shall not be liable to the Registered User or any other third party for any claim for direct, indirect, incidental, special, exemplary, punitive, consequential or other damages (including, without limitation, loss of profits, loss or corruption of data, loss of profit or goodwill, work stoppage, computer failure or malfunction, or interruption of business) whether arising under contract, tort or any other theory arising out of or in connection with the facility, the inability to access the portal or any DBP facility, products or services mentioned or advertised on or accessed or availed on or through the DBP website. The Registered User’s remedies for errors or unauthorized transactions shall be limited to those arising under the applicable laws and regulations, as described on the portal and in the communications provided by DBP to the Registered User,and in no case shall exceed the amount of fees paid/payable by the Registered User to DBP for the AussiePadala remittance portal services availed by the Registered User.
To the extent any of the disclaimers or limitations of liability in the Terms and Conditions are held to be unenforceable, the maximum liability of DBP to the Registered User shall not exceed the amount of fees paid/payable by the Registered User to DBP for the AussiePadala remittance portal services availed by the Registered User.
DBP shall in no way be held responsible and/or be liable for any queries, errors, disputes or delays in messaging, money transmission, currency conversion, conversion rates offered, payment to the beneficiaries of the remittances or any other query, claim or dispute. DBP will, however, use reasonable efforts to assist the Registered User in contacting any third party to facilitate resolution of such queries, claims and disputes.
The Registered User/ Visitor shall ensure that he/she shall not be in violation of any data protection laws when registering for the AussiePadala remittance portal.
The Terms and Conditions contained herein are governed by the laws of the Republic of the Philippines and all suits to enforce this Agreement will have to be settled in the proper courts of the City of Makati.
I have read and fully understood the Terms and Conditions of DBP AussiePadala and hereby agree to be governed by the said terms and conditions.
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