Terms and Conditions - Invest Money - GCash (2024)

Introduction

The ‘Invest Money’ feature (“Invest Money”) on the GCash App is made possible by partnerships between G-Xchange Inc. (“GXI”) and its partner product providers (“Product Providers”), with back-end processing enabled by Seedbox Technologies, Inc. (“Seedbox”), with office address at 8th Floor, 8 Rockwell, Hidalgo Drive, Rockwell Center, Makati City, Philippines. The Product Providers are listed, along with their product/s, in the product list screen of Invest Money.

The following are the terms and conditions of Invest Money. By clicking on ‘Confirm’ and proceeding in your access of this feature on the GCash App, you are signifying that you have read, understood, and agree to be bound by these terms and conditions. You also undertake to periodically visit and review these terms and conditions for updates and changes, and agree to be bound by its subsequent updates, revisions, or modifications. If you do not agree to these terms and conditions, please refrain from using Invest Money.

These terms and conditions are also available for viewing on the webpage of Invest Money on the GCash website.

Definition of terms

• “Invest Money registration” or “registration” refers to the process a user must undergo upon initial use of the feature, wherein the user is required to answer standard pre-investing questions
• “Unit Investment Trust Fund” or “UITF” is an open-ended pooled trust fund denominated in pesos or any acceptable currency, which is operated and administered by a trust entity and made available by participation. The term Unit Investment Trust Funds is synonymous to common trust funds (CTFs).Investors participate in a UITF by purchasing its units at the Fund’s Net Asset Value per Unit (“NAVPU”), which is updated daily. UITFs are regulated by the BSP.

• “Mutual Fund” or “MF” is a company that pools the funds of individuals and institutional investors to form a massive asset base which is entrusted to a full time professional fund manager who develops and maintains a diversified portfolio of security investments. Investors participate in an MF by purchasing its shares at the Fund’s Net Asset Value per Share (“NAVPS”), which is updated daily. MFs are regulated by the Securities and Exchange Commission (SEC).
• “Product” refers to an investment product provided and maintained by GXI’s Product Provider partner, and is made available via Invest Money
• “Product application” refers to the process a user must undergo to be able to invest in a specific product of an Product Provider, which includes reading, understanding, and agreeing to be bound by the product’s terms and conditions

Data sharing

In proceeding with the questions asked during the registration and product application processes of Invest Money, you are agreeing and consenting to your personal information being collected, shared, and released to Product Provider/s whose products you will choose to invest in. This information includes your Risk Profile Questionnaire answers, FATCA information, mobile number, first name, last name, email address, mother’s maiden name, birth date, address, and zip code, and such other information relevant to your investing in the product of the Product Provider/s.

Registration and Product Application

Registering for Invest Money requires you to provide answers to standard pre-investing questions. During registration, you represent and warrant that the information you provide are true, correct, and up-to-date. You also agree that GXI will not be liable for any claims, liabilities, suits, actions, complaints, injuries, or damages, directly or indirectly arising from third party, caused by incorrect information that you provided.

In addition to registering for Invest Money, you are required to apply to a Product Provider to be able to invest in their product. This application process involves understanding, consenting, and agreeing to be bound by the terms and conditions of the product. Upon confirmation, GXI will share your registration information and other KYC details previously disclosed to GXI to the Product Provider. The Product Provider will then have the prerogative to either approve or reject your application to invest in their product, and may ask for additional requirements from you in order to aid in their assessment.

Terms of investing

A UITF or MF is valued according to the current market value of the financial instruments in its balance sheet (“marked-to-market”). UITFs and MFs are not deposit products and are not insured by the Philippine Deposit Insurance Corporation (PDIC). Returns cannot be guaranteed by the Product Provider nor GXI as a service provider. Any historical Net Asset Value per Unit/Share (NAVPU/S) is for illustration of NAVPU/S movements or fluctuations only. When redeeming, the proceeds may be worth less than the original investment and any losses will be solely your account. GXI and/or Product Provider are not responsible or liable for any losses from financial market movements.

Transactional limits

For buy orders/subscriptions:

Minimum – specified per product in the product screen within Invest Money

Maximum – follows the GCash monthly outgoing limit

For sell orders/redemptions:

Minimum – specified per product in the product screen within Invest Money.

Should the user wish to redeem all their investments in a fund while it is lower than the minimum transaction amount, he/she may reach out to the product provider to request for a full redemption to be processed offline. Processing time is dependent on the product provider’s advice on a per case basis.

Maximum – maximum amount that is within user’s GCash wallet balance OR transaction limit, whichever is lower (Should a user wish to redeem an amount higher than this, he/she may place a redemption or sell order straight with the product provider.)

Additionally, only one redemption or sell order can be placed at a time per investment fund. Should you wish to place another redemption, you must wait for your earlier placed redemption to be confirmed first.

Transaction cut-off times

Redemption or sell transactions are processed in accordance with the operating memorandum (for UITFs) or prospectus (for MFs) of the Product Provider for a particular product. Information on settlement dates are included in the disclosures displayed before the user places a redemption transaction and to which a user must agree before confirming the order.

Global feeder funds restrictions

US Persons are restricted from investing in the ATRAM Global Consumer Trends Feeder Fund and/or the ATRAM Global Technology Feeder Fund. In line with this, GXI reserves the rights to the following:

• Block US Persons from buying or selling units of investments from these funds using GCash
• Request any US Persons invested in such funds to fully redeem their investments

For this purpose, U.S. persons shall mean:

1. a U.S. citizen
2. any natural person resident in the United States;
3. any partnership or corporation organized or incorporated under the laws of the United States;
4. any estate of which any executor or administrator is a U.S. person:
5. any trust of which any trustee is a U.S. person;
6. any agency or branch of a foreign entity located in the U.S.;
7. any non-discretionary account or similar account (other than an estate or trust) held by a dealer or other fiduciary for the benefit or account of a U.S. person
8. any partnership or corporation if (i) organized or incorporated under the laws of any foreign jurisdiction; and (ii) formed by a U.S. person principally for the purpose of investing in securities not registered under the U.S. Securities Act of 1933, as amended (the “Securities Act”), unless it is organized or incorporated, and owned by accredited investors (as defined in Rule 501 (a) of the Securities Act) who are not natural persons, estates or trusts.

Customer service

GXI provides and maintains the GCash App, which contains Invest Money, and is responsible for resolving customer queries about the feature.

The Product Providers, which provide and maintain the investment products, are responsible for resolving all customer queries on their respective products.

Exclusion from liability

GXI makes no warranty, express or implied, regarding Invest Money on the GCash App.

Invest Money is offered on an “AS IS”, “AS AVAILABLE” basis without warranties of any kind, other than warranties that are incapable of exclusion, waiver or limitation under the laws applicable to this Agreement. Without limiting the generality of the foregoing, GXI makes no warranty: (1) as to the content, quality or accuracy of data or information provided by GXI hereunder or received or transmitted using Invest Money; (2) as to any service or product obtained using Invest Money; (3) that Invest Money will be uninterrupted or error-free; or (4) that any particular result or information will be obtained.

GXI shall not be liable for any loss, cost, compensation, damage or liability to you or any third party arising from, directly or indirectly, or as a result of any or all of the following:

1. You are unable to perform or complete any transaction through the use of Globe or TM enabled mobile phone due to service/ system/ line unavailability.
2. Any delay, interruption or termination of a transaction whether caused by administrative error, technical, mechanical, electrical or electronic fault or difficulty or any other reason or circ*mstance beyond GXI’s control (including but not limited to acts of God, strike, labor disputes, fire, disturbance, action of government, atmospheric conditions, lightning, interference or damage by third parties or any change in legislation).
3. Any misrepresentation or fraud by or misconduct of any third party, such as but not limited to owners, employees or GCash agents.
4. Decrease in value of investment product you are invested in due to financial market movements.
5. Adverse financial position of Product Provider/s.
6. Any of your interactions or transactions with, or your act or omission in relation to, other users.

In the event of any action that the GCash user may file against GXI, the GCash user agrees that GXI’s liability shall not exceed ONE THOUSAND PESOS (PHP1,000.00) or the amount of the damages actually suffered by the GCash user, whichever is lower.

Prohibition of use

GXI reserves the right to cancel, suspend, limit, or modify your use of Invest Money, if it finds you to be in violation of these terms and conditions, other relevant agreements, or any law, regulation, or issuance from a competent legal authority without need of any prior notice.

Suspension of Invest Money and partnership termination

We reserve the right to suspend or terminate this service and any contractual relations with you upon notice. In case you have breached any term or condition herein, we may suspend, terminate, or in any way modify our Services and our contractual relations without notice.

In the event of the termination of a partnership between GXI and a Product Provider causing the Product Provider’s product to no longer be accessible via Invest Money, the user will still be able to access his/her investment in the product by transacting with the Product Provider directly.

Intellectual property rights

You acknowledge and agree that the materials on Invest Money, including without limitation, the text, software, scripts, graphics, photos, and the like, and the trademarks, service marks and logos contained therein, are owned by or licensed to GXI, and are subject to copyright and other intellectual property rights under Philippine laws, foreign laws and international treaties and/or conventions. Invest Money may display certain trademarks belonging to third parties. Use of these trademarks may be subject to license granted to us by third parties. GXI reserves all rights not expressly granted herein to Invest Money and the aforementioned materials, and these may not be used without GXI’s express written consent.