Terms & Condition - Ginto Privilege Club

Terms & Conditions

Effective Date: July 15, 2025

Jurisdiction: Republic of the Philippines

1. Agreement to Terms

These Terms and Conditions (“Terms”) set forth the conditions under which Ginto Privilege Club (“GPC”, “we”, “us”, or “our”) provides access to:

GPC giveaways,
The GPC website (www.gintoprivilegeclub.com, the “Site”),
The GPC Members platform (the “Software”), and
All features, services, and content delivered via the Site and Software (collectively, the “Service”).

By using the Site, Software, or Service, or purchasing a GPC membership, you agree to be bound by these Terms. If you do not agree, you may not access the Service. We reserve the right to modify these Terms at any time. Continued use after such changes constitutes acceptance.

2. Membership Eligibility and Conduct

2.1. Eligibility

Membership is open to individuals 18 years and older with full legal capacity under Philippine law. GPC may request identification for verification.

2.2. Application and Revocation

Membership approval is at GPC’s sole discretion. We may deny or revoke access without obligation to disclose reasons.

2.3. Conduct

Members must conduct themselves in accordance with GPC’s values and refrain from misuse, abuse, or fraud. Misconduct may result in termination without refund.

3. Platform Use

You agree not to:

Violate any applicable Philippine laws,
Interfere with the Site or Software’s operation,
Circumvent security features or reverse-engineer any part of the Service.

We may restrict or terminate access at our discretion for any breach or misconduct.

4. Benefits, Offers, and Giveaways

4.1. Partner Privileges and Deals

GPC partners with third-party businesses to provide member-exclusive offers. Availability is not guaranteed and subject to change. Partner terms apply.

4.2. Giveaway Disclaimer

By becoming an Account holder, a member or customer of GPC, you agree to enter contests and promotional giveaways under the following conditions:

All disputes, claims, and causes of action arising out of or related to the Contest shall be resolved individually, without resort to any form of class action.
Any claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred in entering the Contest.
Under no circumstances shall GPC be liable for attorneys’ fees, punitive, incidental, consequential, or enhanced damages.
GPC, its affiliates, partners, agencies, and officers shall not be responsible for technical malfunctions, server issues, unauthorized access, or loss of entry information.
GPC reserves the right to disqualify any participant found tampering with or abusing the integrity of any Contest.
If the Contest is compromised by unauthorized human intervention, technical failure, or other causes beyond GPC’s reasonable control, GPC reserves the right to suspend, modify, or terminate the Contest.
Any attempt to deliberately damage the Site or undermine the legitimate operation of the Contest is a violation of criminal and civil laws, and GPC reserves the right to seek damages to the fullest extent permitted by law.
Contests and promotions are void where prohibited by law.

5. Fees, Payments, Refunds

5.1. Membership Fees

Membership tiers carry monthly fees. All charges are disclosed at checkout and are non-refundable unless otherwise required by law.

5.2. Refunds and Exchanges

Fees are non-refundable. Requests for exceptional refunds or corrections must be submitted in writing within 7 days. Physical items or offers are subject to the respective partner’s policies.

6. Termination of Membership and Account

6.1. Voluntary Termination

You may cancel your GPC membership at any time by logging into your GPC web portal, accessing the Membership Profile section, selecting “Delete Account,” and following the on-screen prompts. Upon completion, you will receive a confirmation email.

Cancellation results in:

Immediate termination of your membership,
Removal from all future billing linked to your subscription
Forfeiture of any accumulated entries for upcoming promotional giveaways,
Forfeiture of any future payments related to the Affiliate Program

There are no refunds for unused portions of your membership.

6.2. Payment Failure

If your account fails to process a payment, GPC will attempt to bill the method of payment (xx). If the (xx) attempt fails, your subscription will be automatically terminated, and your loyalty streak and benefits will be forfeited without further notice.

7. Member Representations and Warranties

By using the Service, you confirm that:

You are at least 18 years old and legally capable of entering into binding agreements;
All provided information is accurate and truthful;
You will not misrepresent your identity, misuse any benefits, or breach any applicable laws.

8. Privacy and Data Protection

GPC processes personal data in compliance with the Philippine Data Privacy Act of 2012 (RA 10173). Please refer to our Privacy Policy for details on the collection, use, and storage of data. You consent to data processing as a condition of membership and usage.

9. Publicity, Media, and Consent for Live Draws

As part of GPC’s marketing and transparency commitments:

By participating in a giveaway or being selected as a winner, you consent to your name, image, video, and/or likeness being recorded and shared during live or recorded draw announcements.
Such content may be posted on the GPC app, website (under the “Winners” section), and official social media platforms (including Facebook, Instagram, TikTok, etc.).
This consent is non-revocable and grants GPC the right to use such materials for promotional purposes without compensation or further approval.
If you wish to opt out of being publicly identified, you must notify GPC in writing before the draw takes place.

10. Intellectual Property

All materials, branding, trademarks, and content available through the Platform are the sole property of GPC or its licensors. Unauthorized reproduction or distribution is strictly prohibited.

11. Limitation of Liability

To the fullest extent permitted by law:

GPC is not responsible for any indirect, incidental, or consequential damages from your use of or inability to use the Service.
GPC does not guarantee continuous, uninterrupted, or secure access to the Service.

12. Dispute Resolution

You agree to resolve any disputes through amicable settlement where possible. If not resolved, disputes shall be referred to arbitration under the Alternative Dispute Resolution Act of 2004 (RA 9285), governed by Philippine law.

13. Governing Law

These Terms are governed by and construed in accordance with the laws of the Republic of the Philippines, including:

The Civil Code,
The Consumer Act of the Philippines (RA 7394),
The Data Privacy Act (RA 10173), and
The E-Commerce Act (RA 8792).

14. Direct Referral Program Agreement

By participating in the Ginto Privilege Club Affiliate Program (the “Direct Referral Program”), you agree to the following terms and conditions in addition to the general GPC Terms of Use:

Referrer – is the person who makes the referral.

Referee – is the person who is being referred.

14.1 Eligibility

To become a Referrer, you must:

Be at least 18 years old;
Be a resident of The Philippines;
Have a valid and current Taxpayer Identification Number;
Where and when requested by GPC, advise GPC of your Taxpayer Identification Number;
Have an active GPC account in good standing;
Provide accurate and complete information in your Direct Referral application;
Be approved by GPC at its sole discretion.

Referrers may include individual promoters, influencers, or digital partners. GPC reserves the right to reject or terminate any Referrer’s account without obligation to disclose reasons.

14.2 Referrer's Responsibilities

Referrers agree to:

Promote GPC in an honest and ethical manner that aligns with our brand;
Avoid misleading, exaggerated, or false claims about GPC’s services, offers, or giveaways;
Clearly disclose their referral relationship with GPC in all content, as required under the Philippine Fair Trade and Consumer Protection Law;
Abide by all applicable laws including the E-Commerce Act of 2000 (RA 8792) and Data Privacy Act of 2012 (RA 10173).

Referrers are not permitted to:

Use unauthorized paid advertising (e.g. Google Ads, Facebook Ads) that compete with GPC campaigns;
Engage in spamming, black-hat SEO, fake referrals, or fraudulent activity;
Use GPC branding in misleading ways or alter official creative assets.

14.3 Commission and Payouts

Commissions are earned for each successful qualifying membership referred via a tracked affiliate link/code.
The commission structure, eligibility thresholds, and payout schedule will be detailed in the Referral onboarding pack and may be updated from time to time.
Payouts are made monthly via bank transfer or e-wallet (e.g., GCash) once the minimum payout threshold is reached.
All commission payouts will require the Referrer to have supplied GPC, and keep updated with GPC, their Taxpayer Identification Number.
All commissions are subject to validation and fraud checks. GPC reserves the right to withhold or cancel commissions where fraud or abuse is suspected.

14.4 Taxes

Referrers are solely responsible for declaring and paying any applicable income taxes related to their commissions. GPC may request a valid TIN (Tax Identification Number) and may withhold taxes as required by BIR regulations.

14.5 Intellectual Property

Referrers may use official GPC banners, logos, and materials provided by GPC. No modification, resale, or sublicensing is permitted. All intellectual property remains the exclusive property of GPC.

14.6 Termination

GPC reserves the right to terminate any Referrer’s account:

For breach of these Terms;
For inactivity exceeding 90 days;
For failure to comply with applicable laws or brand guidelines.

Upon termination:

All pending commissions may be forfeited;
Access to the Referral dashboard and referral tools will be revoked;
The Referrer must cease all promotional activities involving GPC.

14.7 Limitation of Liability

To the extent permitted by Philippine law, GPC will not be liable for any indirect, incidental, or consequential damages resulting from referral activities or missed commissions.

14.8 Governing Law and Disputes

This Direct Referral Program is governed by the laws of the Republic of the Philippines, including the Consumer Act (RA 7394) and Civil Code. Any dispute shall be resolved amicably first; otherwise, the dispute will be handled under RA 9285 (Alternative Dispute Resolution Act).

15. Partnership Overview

Ginto Privilege Club is a membership platform offering exclusive discounts, rewards, and experiences to its members. As a registered Merchant Partner, your business will provide agreed-upon benefits or offers to GPC members and may receive brand exposure and marketing support in return.

16. Eligibility

To register as a Merchant Partner, you must:

Operate a legally registered business in the Philippines
Be able to provide valid business permits and contact information
Offer a genuine, member-exclusive benefits (e.g., discount, bonus, free item, or special access)

17. Zero Upfront Fees

During the pre-launch and initial campaign period, GPC charges no upfront fees for merchant registration. Merchants participate by offering value-based benefits or discounts to GPC members.

18. Merchant Responsibilities

The Merchant agrees to:

Honor all listed member perks consistently
Clearly communicate redemption procedures to in-store or online staff
Keep GPC updated on changes to perks, offers, or business operations
Avoid offering misleading or false promotional offers

19. GPC Responsibilities

GPC agrees to:

Promote selected merchant partners through digital, social, and email marketing
Provide access to the Merchant Portal once launched, for self-management of deals and performance insights
Offer promotional placement (at GPC’s discretion) in newsletters, social media, and campaigns

20. Duration and Termination

This partnership remains valid from the date of registration until terminated by either party.
Either party may terminate the partnership with 7 days’ written notice.
GPC may suspend or remove a merchant from the platform immediately for:
- Non-fulfillment of agreed perks
- Misrepresentation or fraud
- Any conduct that damages GPC’s brand or members

21. Data Privacy

GPC shall protect merchant data in accordance with the Philippine Data Privacy Act of 2012 (RA 10173). Merchant information will not be sold or shared with third parties outside of necessary promotional activities related to the GPC platform.

22. Use of Logos and Branding

Merchants may use the GPC logo and approved marketing assets for in-store, digital, and promotional use, subject to GPC brand guidelines.
GPC reserves the right to use the merchant’s business name and logo for promotional purposes, unless the merchant opts out in writing.

23. Limitation of Liability

GPC shall not be held liable for:

Any loss of income due to benefit o discount redemptions
Member conduct at the merchant’s premises
Technical errors on third-party platforms or external listings

24. Publicity & Testimonials

Merchant agrees that testimonials, case studies, or performance summaries may be used for future promotional campaigns, unless declined in writing.

25. Governing Law

These Terms shall be governed and interpreted under the laws of the Republic of the Philippines. Any disputes shall be resolved amicably and, if necessary, brought before the appropriate courts in Metro Manila.

By completing your registration as a GPC Merchant Partner, you acknowledge and accept these Terms and Conditions.