SMAC Terms and Conditions
Updated as of September 2020

These Terms and Conditions (“Terms”) shall govern the issuance, use, cancellation and renewal of Digital Advantage Corp’s (“DAC” or “We”) SM Advantage Card (“SMAC”). By using the SMAC, it shall be construed that the you have read, understood, and agree, without limitation or qualification to be bound by these Terms.

Qualification
To qualify as an SMAC member, you must be at least 18 years old, with approved application, and must have paid the Php 200 membership fee (the “Membership Fee”), which can be increased at any time without prior notice. Parental consent is required for customer whose age is between 12-17 years old (minor).

Membership Application
1. Applications for SMAC membership may be done over-the-counter or through DAC’s website and mobile application (“Platforms”).
2. For over-the-counter applications, you have to complete the application form in DAC’s tablet devices available in any customer service counters of The SM Store. Upon approval of the application and payment of the Membership Fee, the SMAC is immediately issued to the SMAC member.
For applications through Platforms, you are required to register and create an account. You are responsible for safeguarding your username and password, and for any activities or actions under said account. We are authorized to assume that any person using the Platforms with your username and password is either you yourself or is authorized to act in your behalf. Once your account is created and registration approved, you will be required to pay your Membership Fee. You will be redirected to another website owned and operated by an independent payment gateway service provider, which shall collect and process your financial information pursuant to its own terms and policies.
3. You are required to keep your personal data file complete and updated. We will not be liable for any loss, damage, injury or claim arising from your failure to keep your personal data file accurate, complete and updated.
4. DAC has the absolute discretion to reject any application for membership.

Membership Validity
1. SMAC membership is valid for five (5) years from date of issuance of the card.
2. To carry over your accumulated but unused points, renewal of SMAC membership must be made not later than three (3) months from SMAC’s expiration date. Otherwise, all unused points will be forfeited.
3. All applications for renewal of SMAC membership are subject to DAC’s approval.
1. SMAC Use and RestrictionsSMAC can be used to earn and redeem points at any of its partner merchants.
2. SMAC is not a bank or credit card.
3. SMAC is not transferable, and is valid for use only if presented when processing any transaction.
4. SMAC may not be used, and SMAC points will not be earned, for purchases or activities identified by SMAC as not eligible for earning SMAC points.
5. SMAC cannot be used in conjunction with other rewards cards (i.e. BDO Rewards, Ace Rewards, etc.)
6. SMAC is and shall remain the property of DAC.
7. SMAC is valid only in the Philippines.

Earning and Redemption of SMAC Points
1. Earning and redemption of SMAC points may differ for each of DAC’s partner merchant. Click here for a complete list of DAC’s partner merchants and learn how to earn and redeem SMAC points from them.
2. Members with valid SMAC may use their unexpired SMAC points to redeem goods or services at any of DAC’s partner merchants. SMAC points cannot be exchanged for cash.
3. SMAC members should keep transaction receipts, which may be required in case of request for points verification by the member.
4. DAC reserves the right to adjust on earned or accrued SMAC points as it sees fit, including but not limited to, deduction of points arising from disputed transactions, or those from returned goods or refunds.
5. For the redemption of SMAC points, the points reflected in DAC’s records shall be deemed final and correct. DAC has the exclusive right to determine the available amount of points to be awarded to or available for redemption by the member.
6. SMAC points redeemed may no longer be restored.
7. Redeemed awards or privileges are not exchangeable for other awards or privileges. They are not refundable, nor can they be sold or transferred for cash or credit, under any circumstance.
8. DAC or any of its partner merchants are not liable for the unavailability of any award or privileges.
9. Redeemed awards and privileges are subject to the return and exchange policy of DAC’s partner merchant.
10. DAC is not the supplier of the products and services offered as awards or privileges redeemable by the SMAC member so it will not accept liability in relation thereto. SMAC will bear no responsibility for resolving any disputes concerning any goods or services received by the SMAC member.
11. DAC shall not be liable for fraud, misuse, or other misconduct involving the earning and redemption or use of SMAC points, which may result in the immediate cancellation or termination of the relevant SMAC and the forfeiture of the points and other awards and privileges in connection thereto.
12. Employees of DAC and its partner merchants are subject to their respective employer’s policy on the earning and redemption of SMAC points.
13. Other guidelines, promotions and offerings for earning and using SMAC points are provided in the Platforms and collaterals posted by DAC, which may be updated anytime, without need of prior notice.

Lost, Damaged or Stolen SMAC
1. In case of lost/damaged/stolen SMAC, the SMAC member must immediately report the said incident by sending an e-mail to SMAC Assist or by calling the SMAC Assist Hotline at Contact number. You may refer to Contact Us page of our website or mobile app for details.
2. Upon receipt of the report, DAC will block the lost, stolen or damaged SMAC in its system, and thereafter issue a confirmation receipt to the SMAC member. Prior to the issuance of the confirmation receipt, DAC shall not be liable for a member’s lost or redeemed SMAC point.
3. Request for card replacement is required for the issuance and activation of a replacement card. Card replacement fee is Php 80, which may be increased at any time by DAC, without need of prior notice.
4. Accumulated but unredeemed points in the lost/damaged/stolen SMAC shall be carried over to the replacement card.
5. Issuance of replacement card shall be subject to DAC’s guidelines on lost, stolen or damaged SMAC.
Cancellation of SMAC
SMAC will be automatically cancelled, and all awards and privileges in relation thereto will be forfeited, in case of death or legal incapacity of the SMAC member and violation of the Terms and other guidelines as may be issued by DAC from time to time in relation to SMAC.

Intellectual Property
All information, material and content available on the SMAC and in the Platform, existing and future, including but not limited to, trademarks, logos, service marks, features, functions, text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and organization thereof (collectively, the “Content”) are owned by DAC or DAC’s parents, subsidiaries or affiliates, and are protected by international laws, including laws governing copyrights and trademarks.
Except as required under applicable law, neither the Content nor any portion of the SMAC or of the Platform may be used, reproduced, republished, uploaded, posted, transmitted, distributed, duplicated, disseminated, copied, sold, resold, accessed, decompiled, disassembled, reverse engineered or modified, or otherwise exploited, in whole or in part, for any purpose without DAC’s express, prior written consent. Nothing contained herein grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on the SMAC or in the Platform, without DAC’s written permission or such third-party owner, as may be applicable.

Limitation of Liability
DAC disclaims all liability, whether based in contract, tort (including negligence), strict liability, or otherwise. DAC shall not be liable for any claim, suit or proceeding of whatever nature or any ordinary, direct, indirect, consequential, incidental, special, punitive or exemplary damages or any other losses or liabilities which may arise out of, or in connection with, or result from the use of the SMAC, including but not limited to:

a) SMAC not being honored or being declined;
b ) any delay or interruption in the crediting of points for any reason;
c) fraudulent or unauthorized use of SMAC;
d) unauthorized disclosure or breach of security or confidentiality of card information with or without Member’s participation;
e) business interruption;
f) transmission blackout, data non-delivery, misdelivery, corruption, destruction or other modification;
g) computer viruses, system failures, malfunctions or any breach in connection with use of SMAC or of the Platform;
h) any delays, inaccuracies, errors in or omissions in the content of SMAC or of the Platform.
Indemnity

SMAC Member agrees to indemnify and hold DAC, its affiliates, directors, officers, shareholders and agents, free and harmless from and against any claims, demand, loss, suits or proceedings, damages, costs and expenses including attorneys’ fees arising from or related to the use of the SMAC.

Force Majeure
DAC shall not be liable for any breach of the Terms when hindered or prevented from carrying out its obligations by any cause outside our reasonable control, including by lightning, fire, flood, epidemic/pandemic, extremely sever weather, strike, lock-out, labor dispute, act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, prolonged power outages, breakdown in computers and communication facilities, computer-related errors, typhoons floods, public disturbances and calamities or other similar cases compliance with any law or mandate from the government, accident or by any damage caused by of such events.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Republic of the Philippines.

Transfer/Assignment
DAC shall have the right to assign or transfer in whole or in part any of its rights and obligations arising from the SMAC, without need of prior notice to or consent of the SMAC members.

Revisions to the Terms and Conditions
DAC reserves the right, at all times, without notice, and its sole discretion:
1. To make any changes whatsoever to these Terms, including any guidelines in relation to the SMAC;
2. To withdraw, cancel, withhold, substitute, deny access to or use of, or in any way change any of the awards or privileges previously advertised or offered; and
3. To terminate or materially alter the SMAC program which may result in the revocation of the membership of a member and/or the right of a member to use SMAC or to utilize any awards or privileges.
Any question or dispute relating to SMAC will be subject to the final decision of DAC.