These Terms and Conditions contain DITO Telecommunity Corporation's (“DITO”) most recent terms regarding the use of the DITO Direct Carrier Billing in Third-Party App Stores (“DITO DCB Terms”). You are deemed to have accepted these DITO DCB Terms when you first use the DITO Service. DITO reserves the right to amend these DITO DCB Terms from time to time. Your continued use of the DITO Service after such amendments will constitute your acceptance of the changes.
1. Definition of Terms
1.1. ‘Application’ refers to any vendor software program or other downloadable digital content sold in the App Store and paid for using any payment mechanisms permitted by the App Store, including DITO’s Direct Carrier Billing / DITO Service.
1.2. ‘App Store’ refers to the third-party managed platform, including the Google Play Store. where the Application may be purchased, subscribed to, or downloaded.
1.3. ‘Direct Carrier Billing’ or ‘DITO Service’ refers to the services provided by the DITO, which facilitate the sale, purchase, or subscription of the Application via DITO Postpaid billing or deduction from your DITO Prepaid balance/load, as may be applicable.
1.4. ‘Third-Paty Service Provider’ means any third party, including Google, that provides delivery and ancillary fulfillment services to facilitate your purchase in the App Store.
1.5. ‘Vendor’ means an authorized application or content vendor who has entered into a contract with the Third-Party Service Provider to offer the Application for sale or subscription in the App Store.
1.6. ‘You’ refers to any individual who uses the DITO Service to purchase, buy, or subscribe to the Application.
2. The DITO Service
2.1. Any Application that you purchase or subscribe to is subject to the terms and conditions contained in the Vendor’s end-user license agreement, as provided on the Application or otherwise.
2.2. DITO shall not be liable for the content, validity, or operability of the Application purchased by you, including but not limited to its legality, safety, or absence of viruses.
2.3. DITO shall not be liable for any delay in or failure to deliver the Application purchased by you from the App Store.
2.4. DITO will not provide any operational or technical support for the Application. You may contact the Vendor directly for such support.
2.5. DITO, in its sole discretion and without any notification, may suspend your use of the DITO Service if unauthorized or fraudulent use, or any usage analogous to the foregoing, is suspected.
2.6. The DITO Service is only available to DITO customers. If you switch your mobile telephone number to another carrier, the DITO Service will no longer be available and will be deemed cancelled. You will be responsible for settling all fees and charges incurred prior to changing your mobile telephone number. Prepaid customers will not be entitled to any refund of the balance on their prepaid account.
3. Charges and Payment
3.1. Prices for Applications are determined by the Third-Party Service Provider and/or the Vendor and may be subject to adjustment due to taxes or currency exchange rates.
3.2. You agree and acknowledge that your acceptance of a charge during the transaction process authorizes DITO to collect payment by charging your postpaid bill or deducting from your prepaid balance/load, as may be applicable. Postpaid subscribers will see the charge on their monthly Statement of Account, while prepaid subscribers will have the charge deducted from their prepaid balance/load. The total charge will include Value-Added Tax (“VAT”) as per Philippines tax laws, in addition to the display price on the App Store.
3.3. If you subscribe to a subscription service, you will be billed according to the subscription frequency and price indicated at the beginning of the service. You must refer to the subscription cancellation option at the time of subscribing. Cancellation requests must be made to the respective Vendor or Third-Party Service Provider, as may be applicable. If the subscription is not cancelled prior to renewal, you may no longer have the right to cancel or receive a refund.
4. Cancellations and Refunds
4.1. All purchases of or subscriptions to the Application are considered final unless:
4.1.1. DITO is required by local laws and legislation to offer additional refund or warranty rights; or
4.1.2. Your account has been improperly charged or your balance/load has been incorrectly debited. In such, case you must notify DITO within 30 days from your purchase or subscription. Any request for adjustment or refund shall be validated or resolved by DITO within 6 months from the date you notify DITO of the issue. Failure to notify DITO within the 30-day period shall be deemed a waiver of your claim.
4.2. Cancellations and refunds shall not apply to any concerns or issues regarding the operation or performance of the Application.
5. Data Privacy
5.1. DITO complies with the Data Privacy Act of 2012 and all applicable data protection laws. DITO will not use any personal information that may identify you other than as required to fulfill DITO’s obligations to you or to the Third-Party Service Provider, Vendors, or the government, including tax authorities in connection with your purchase of or subscription to the Application under these DITO DCB Terms. You consent to such use of your personal information being collected, used, processed, transmitted, and/or disclosed to or by DITO, for the purpose of providing the DITO Service. You may access DITO’s privacy policy at https://dito.ph/privacy.
6. Indemnity / Limitation of Liability
6.1. The DITO Service provided hereunder is on an “as-is” and “as available” basis, and DITO hereby excludes all conditions, endorsements, guarantees, representations, or warranties of any kind to the fullest extent permitted by applicable law.
6.2. To the maximum extent permitted by law, DITO’s aggregate liability for direct damages under any legal theory shall in all circumstances be limited to the fees paid by you for the purchase of or subscription to the Application acquired under these DITO DCB Terms or PHP1,500, whichever is lower. DITO shall not be liable for any other damages under any circumstances.
6.3. DITO shall not be liable for the quality or performance of the Application or for accuracy or validity of the information or material accessed through the App Store.
6.4. You agree to indemnify and hold DITO free and harmless from any loss, cost, damages, or claims arising from your use of the DITO Service or breach of any of these DITO DCB Terms.
7. Termination
7.1. DITO reserves the right to terminate your access to the DITO Service at any time, with or without cause, and without prior notice. Upon termination, you will remain liable for all charges incurred prior to termination.
8. General Provisions
8.1. If any of the terms contained in these DITO DCB Terms are held to be invalid or unenforceable in whole or in part, the invalid or unenforceable wording shall be deemed omitted without affecting or impairing the validity and enforceability of the rest of the DITO DCB Terms.
8.2. Failure by DITO to exercise or enforce any right conferred by these DITO DCB Terms against any other party shall not be or be deemed to be a waiver of any such right or in any way prejudice any right of DITO under these DITO DCB Terms.
8.3. You may not transfer any of your rights and obligations under these DITO DCB Terms without the express approval of DITO.
8.4. These DITO DCB Terms shall be governed by and construed in accordance with Philippine law.