Terms of Use

Mandaluyong, Malinis Araw-Araw · Trash to Cashback

Draft — for counsel reviewThis document is a working draft prepared to support the programme. It has not been reviewed or approved by legal counsel and is not yet legally effective. Bracketed items (shown highlighted) are placeholders to be confirmed. Do not rely on this as final.

Programme: "Mandaluyong, Malinis Araw-Araw" — Trash to Cashback, powered by bXTRA PH, in partnership with the City of Mandaluyong City Environmental Management Department (CEMD).

Effective date: [DATE]

Operator / contracting party: [CONFIRM — "BEST, Inc." / "Basic Environmental Systems and Technologies, Inc." and/or the bXTRA PH entity "BEEPXTRA PHILIPPINES, INC."], with principal office at [614 M. Lerma St., Brgy. New Zañiga, Mandaluyong City / CONFIRM], SEC Reg. No. [___] ("we," "us," the "Operator").

1. Acceptance

By using this website, joining as an Eco-Warrior, or signing up as a TTCB Eco-Store, you agree to these Terms. If you do not agree, do not use the site or participate. These Terms work together with the Privacy Notice and, where you use a bXTRA account, with the bXTRA cardholder Terms of Use and Privacy Policy at bxtra.ph. [Counsel to confirm the order of precedence among these documents.]

2. Who may participate

Eco-Warriors: residents who bring segregated recyclables to a barangay exchange point. Minors may participate only through a parent or guardian. [Confirm age handling and guardian consent.]
Eco-Stores / partners: businesses accepted into the programme after a coordinator confirms their details.
The programme currently operates in the City of Mandaluyong, beginning with the eight first-phase barangays named on the site.

3. Environmental Points (EP) — a reward, not money

EP is a loyalty reward, not money, not e-money, not a deposit, and not a stored-value or cash instrument. EP has no cash surrender value to the Eco-Warrior, cannot be withdrawn as cash by the Eco-Warrior, cannot be transferred for value except as the programme allows, and is redeemable only for goods or offers from participating stores on the terms below.
EP is earned when recyclables brought to an exchange point are weighed on a calibrated scale and recorded. The number of EP depends on the material and weight; rates vary by material and may change on notice.
The programme uses the convention 1 EP = ₱1 as a redemption reference at participating stores. [COUNSEL / CONSUMER-ACT FLAG: this equivalence must be literally true at the point of redemption. If any store applies a markup or discount so the effective value is not ₱1, this clause must be qualified, e.g., "redemption value may vary by store." Confirm the real per-store economics before publishing.]
EP is recorded in your bXTRA account and is subject to the bXTRA cardholder terms.
How EP is operated. EP is a loyalty/rewards facility: it is bXTRA PH's cashback loyalty programme, white-labelled as "Environmental Points" for Trash to Cashback. bXTRA PH issues and credits EP to the Eco-Warrior and bills the Operator (BEST), as programme owner and funder, for the EP issued. [COUNSEL to confirm bXTRA PH's regulatory status for this facility and the accuracy of this description.]

4. Redemption and the Store Pass

To redeem, you convert EP into a Store Pass using your PIN. A Store Pass is locked to the store you chose and has a validity period.
The store scans the Store Pass and releases the goods.
Expiry returns to EP: if a Store Pass is not fully used within its validity period, the unused value returns to your EP balance [confirm whether any deduction applies — the site says value "returns to your EP"; internal notes mention a markup component; reconcile]. The programme does not quietly forfeit unused value.
Redemption is subject to store stock and acceptance. The Operator does not guarantee the availability of any particular product.

5. Eco-Store / partner terms

No joining fee (₱0) and no cut of sales (0%). The Operator does not charge a store a fee to join and does not take a percentage of a store's sales. [CONSUMER-ACT FLAG: these promises must be permanently and literally true; any future charge would make the "₱0 / 0%" claim deceptive. Confirm there are no other charges.]
Store reimbursement and the ₱20 payout fee. When a store honours a Store Pass and releases goods, it is reimbursed for those goods against its own sales invoice, settled through bXTRA PH. A store may keep its reimbursement as credit in its account at no cost, or have it paid out for a flat ₱20 per payout. [BSP FLAG retained: counsel must still confirm the regulatory treatment of EP issuance by bXTRA PH and of the store settlement/payout, and whether any BSP authority (e.g., EMI/OPS) is required. The invoice-backed, goods-reimbursement nature supports a commerce characterisation but does not by itself resolve the question. See COMPLIANCE_REVIEW C2.]
A store is responsible for the accuracy of its product list and prices, for honouring valid Store Passes, and for complying with all laws applicable to its goods (including price-tag, SRP, licensing, and product-safety rules).
The Operator confirms a store's listing before products go live and may decline or remove a listing.
Payout details a store provides (e.g., GCash or bank account) are used only to pay the store for redeemed value and are handled under the Privacy Notice.

6. Accuracy of programme figures and claims

Figures shown on the site (exchanges, kilograms, EP, diversion) are drawn from recorded exchanges and are provided for information. The Operator endeavours to keep them accurate and measured, not estimated, but does not warrant they are free of error or delay. [CONSUMER-ACT FLAG: substantiation for "measured, never estimated" and "kept from landfill" must be on file.]

7. Intellectual property

The site, its text, design, and the "Trash to Cashback," "TTCB," and "bXTRA" names and logos are owned by the Operator or its licensors and may not be used without written permission.
Partner-store names and marks, barangay and city names, and official names appear with permission for the purpose of the programme. [AUTHORITY FLAG: permission/authority must be on file — see COMPLIANCE_REVIEW C3.]
If you upload content (e.g., product photos), you confirm you have the right to do so and grant the Operator a licence to use it to operate and promote the programme.

8. City of Mandaluyong / CEMD partnership

The programme is carried out in partnership with the City of Mandaluyong through CEMD and with the named barangays, pursuant to [the Memorandum of Agreement dated [___] — CONFIRM]. Government partners are not the Operator and are not responsible for the Operator's obligations under these Terms. Nothing here is an endorsement by the City of any commercial product beyond the programme itself. [AUTHORITY FLAG.]

9. Disclaimers

The site and the programme are provided "as is" and "as available." To the extent allowed by Philippine law, the Operator does not warrant uninterrupted or error-free operation, the availability of any store or product, or any particular EP value. This clause does not exclude any warranty or right that cannot be excluded under the Consumer Act (RA 7394) or other Philippine law.

10. Limitation of liability

To the extent allowed by Philippine law, the Operator is not liable for indirect, incidental, or consequential loss arising from use of the site or participation in the programme, and its total liability for any claim is limited to [AMOUNT / the value of the EP or Store Pass in question — CONFIRM]. Nothing in this clause limits liability that cannot be limited under Philippine law, including for fraud, death or personal injury, or rights under the Consumer Act. [COUNSEL to confirm enforceability; Philippine courts scrutinise liability caps, and the Consumer Act and Civil Code limit what may be waived.]

11. Suspension and changes to the programme

The Operator may change, suspend, or end the programme, an exchange point, or a store's participation, with reasonable notice where practicable. Accrued EP will be handled in accordance with Section 3 and applicable law. [Counsel to confirm notice and wind-down obligations, especially for accrued EP.]

12. Data privacy

Personal data is handled under the Privacy Notice [link]. By participating you acknowledge that notice.

13. Governing law and venue

These Terms are governed by the laws of the Republic of the Philippines. The parties submit to the proper courts of [Mandaluyong City / CONFIRM], without prejudice to any mandatory venue or consumer-protection forum (including the DTI and the NPC) available to you under Philippine law.

14. Amendments

The Operator may update these Terms. Material changes will be posted on the site with an updated effective date [and, where required, notified to participants — counsel to confirm what notice is required, since unilateral amendment clauses are read narrowly]. Continued use after changes take effect means you accept them, to the extent Philippine law allows.

15. Complaints and contact

Programme / Operator: [email], [phone], [address].
Consumer complaints may also be brought to the Department of Trade and Industry (DTI).
Data-privacy concerns — see the Privacy Notice and the Data Protection Officer contact; you may also complain to the National Privacy Commission (NPC), privacy.gov.ph.

*End of DRAFT. Placeholders and bracketed flags must be resolved by counsel before this document is published or relied on.*