GFunds Terms and Conditions

GFunds Terms and Conditions

The “GFunds” feature (“GFunds”, formerly known as GInvest) is made possible by the partnerships between G-Xchange Inc. (GXI) and its partner product providers (“Product Providers”). The Product Providers are listed, along with their products, in the product list screen of GFunds.

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The following are the terms and conditions of GFunds (these “Terms”). By clicking on ”Confirm” and proceeding with your access to this feature on the GCash App, you are signifying that you have read, understood, and agree to be bound by these Terms.

These Terms shall be effective, valid, and binding from the time of your agreement, which is from the time of your downloading, activating, or using of GCash and will exist up to the time that it is terminated by you or us, save for those terms and conditions that will survive and remain effective after termination as stated in these Terms, pursuant to law or regulation, or whose operation necessarily requires survival after the termination.

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GCash reserves the right to modify these Terms at any time. If there will be a material change to these Terms, GCash will provide you with 60 days advance notice or such period as required by applicable laws, prior to such change taking effect. Change is considered “material” if there is significant alteration or modification in relation to your use of the GCash App as may be required by our regulators or applicable laws. 

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Under these Terms, the terms “GXI”, “GCash”, “we”, “us”, and “our” refer to G-Xchange, Inc., including its directors, officers, representatives, partners, affiliates, successor, and assigns. “User”, “you”, and “your” refer to the individual who uses and registers for GFunds.

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If you do not agree to these terms and conditions, please do not use GFunds.

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1. Definition of terms

• “Claim(s)” refer to all kinds of claims, demands, losses, costs, expenses, damages, or liabilities of any kind, suits, actions, assessments, judgments, payments, fines, interest, penalties, and other charges, including all reasonable attorneys’ fees and costs of investigation, litigation, settlement, or judgment.
• “GXI Group” means GXI and its affiliates, Product Providers, partners, service provides, successors and assigns, and their respective directors, officers, employees, and representatives.
• “GFunds 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 and share KYC details.
• “Know Your Customer” or “KYC” refers to the process of verifying the identity of the User as prescribed under Republic Act No. 9160 otherwise known as the Anti-Money Laundering Act of 2001.
• “Mutual Fund” or “MF” refers to the 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 or units at the Fund’s Net Asset Value per Share or Unit, which is updated daily. MFs are regulated by the Securities and Exchange Commission.
• “NAVPS” refers to Net Asset Value per Share.
• “NAVPU” refers to Net Asset Value per Unit.
• “Product” refers to an investment product provided and maintained by GXI’s Product Provider, and is made available via GFunds.
• “Product application” refers to the process a User must undergo to be able to invest in a specific product of a Product Provider, which includes reading, understanding, and agreeing to be bound by the Product’s terms and conditions.
• “Unit Investment Trust Fund” or “UITF” refers to an open-ended pooled trust fund denominated in Philippine 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 NAVPU, which is updated daily. UITFs are regulated by the Bangko Sentral ng Pilipinas.

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2. Data sharing

If you answer the questions asked during the registration and product application processes of GFunds, you consent to your personal data being collected, shared, and disclosed to the Product Providers whose products you will choose to invest in.

This information includes your Risk Profile Questionnaire answers, Foreign Account Tax Compliance Act (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 Providers.

The processing, sharing, and use of your personal data shall be governed by GXI’s Privacy Notice.

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3. Registration and Product Application

Registering for GFunds requires you to provide answers to standard pre-investing and KYC-related questions. During registration, you represent and warrant that the information you provide is true, correct, complete, and up-to-date. You also agree that GXI will not be liable for any Claims arising from any person (natural or juridical), caused by incorrect information that you provided.

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In addition to registering for GFunds, you are required to submit an application to your chosen Product. This application process involves understanding, consenting, and agreeing to be bound by the terms and conditions of the Product you chose to invest in. GXI will share your registration information and your 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/or may ask for additional requirements to further verify the details and information in your application. You agree that GXI shall not be liable for acts taken by the Product Provider in relation to your application.

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4. 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 NAVPU or NAVPS as defined above 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 shall be borne by the User. GXI or Product Provider is neither an agent, broker, advisor of each other or of the UITF or MF with respect to customer. GXI and/or Product Provider are not responsible or liable for any losses you may incur from financial market trends and movements.

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Funds that are aligned with your risk appetite and are based on your answers to the pre-investing questions will be recommended, but you have the option to subscribe to other funds at your discretion.

Investing in financial markets involves inherent risks. The value of investments can fluctuate, and past performance is not indicative of future results. Before making any investment decisions, you should carefully consider your risk tolerance, financial situation, and investment objectives.

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5. Foreign National Investments

a) Subject to Section 5(b) and subject to any restrictions, limitations, or laws applicable to foreign national, the latter may invest in GFunds; provided, that he is a fully verified GCash user and is 18 years old or above.

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6. Fund Restrictions for US Persons

US Persons are restricted from investing in the ATRAM Global Consumer Trends Feeder Fund, the ATRAM Global Technology Feeder Fund, the ALFM Global Multi-Asset Income Fund, ATRAM Philippine Sustainable Development and Growth Fund, ATRAM Global Equity Opportunity Fund, ATRAM Global Health Care Fund, ATRAM Global Infra Equity Fund, and/or the Philippine Stock Index Fund. In line with this, GXI or the Product Providers (through GXI) reserves the rights to:

• Block US Persons from buying units of investments from these funds using GCash; and
• Request any US Persons currently invested in such funds to fully redeem their investments.

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For this purpose, US Persons shall mean

• An American citizen;
• any natural person who is a resident of the United States;
• any partnership or corporation organized or incorporated under the laws of the United States;
• any estate of which any executor or administrator is a US person:
• any trust of which any trustee is a US person;
• any agency or branch of a foreign entity located in the United States;
• 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 US Person; or
• any partnership or corporation if (i) organized or incorporated under the laws of any foreign jurisdiction; and (ii) formed by a US Person principally for the purpose of investing in securities not registered under the United States Securities Act of 1933 (“Securities Act”), unless it is organized or incorporated, and owned by accredited investors as defined under Rule 501(a) of the Securities Act who are not natural persons, estates or trusts.

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7. 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 is included in the disclosures displayed before the User places a redemption transaction and to which a User must agree before confirming the order.

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8. Subscription or Buy Order Processing

GXI will debit your GCash wallet subscription or buy order amount once you have confirmed your transaction on the GCash app. 

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The NAVPU or price per unit applied for all orders is the price one business day after order placement.

The schedule of subscription or buy order transactions for each fund on GFunds are provided below:

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The Price Date is the date on which the NAVPU or price per unit will be applied for your transaction.

The Allocation Date is the date your transaction will be processed and confirmed, and your balance will be updated.

The counting of processing days starts on the transaction date or upon order placement.

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9. Transactional limits

Please be guided by the following limits on your sell orders as mandated by the Product Providers, starting with the minimum amounts specified below:

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10. Redemption or Sell Order  

The redemption or sell order proceeds may be lower than your initial investment, depending on the current NAVPU of the fund, which is updated on a daily basis.

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Moreover, the actual redemption or sell order proceeds credited to your GCash wallet may not be equal to the redemption or sell order amount you entered, depending on the actual NAVPU applied.

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11. Redemption or Sell Order Processing

The NAVPU or price per unit applied for all orders is the price one business day after order placement.  

The schedule of redemption or sell order transactions for each fund are specified below:

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The Price Date is the date on which the NAVPU or price per unit will be applied for your transaction.

The Allocation Date is the date your transaction will be processed and confirmed, and your balance will be updated.

The Crediting Date is the date by which your sell order is completed and the amount should already be credited to your GCash wallet.

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The counting of processing days starts on the transaction date (i.e. 12:00 am to 11:59 pm) or upon order placement.

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

The proceeds from GFunds will not form part of your GCash wallet limits. As such, any redemption amount will be credited to your GCash wallet.

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12. Transactional limits  

Please be guided by the following limits on your sell orders as mandated by the Product Providers, starting with the minimum amounts specified below:

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You may opt to sell their investments partially or entirely. However, the Product Providers also require Users to maintain a minimum balance amount per fund as outlined below:

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If you wish to place a sell order that will cause the remaining balance to fall below the maintaining balance, the order will be rejected. You may opt to sell a lower amount or may sell your entire investment balance instead.

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13. Customer service ‍

GXI provides and maintains the GCash app, which contains GFunds and is responsible for resolving customer queries about the feature. The Product Providers that provide and maintain the investment products are responsible for resolving all customer queries on their respective Products.

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If you have any concerns about a procedure or have encountered a problem with GCash App, visit the GCash Help Center and use the Help Feature (Live Chat) or submit a ticket. All information disclosed shall be treated with the utmost confidentiality and will be resolved in the most efficient and effective manner. GCash maintains full cooperation with the BSP in Financial Consumer Protection. You may coordinate with BSP’s Financial Consumer Protection Department at (632) 8708.7087 or (632) 8708.7088). You may also email BSP at consumeraffairs@bsp.gov.ph.

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14. Exclusion from liability

GXI makes no warranty, express or implied, regarding GFunds.

GFunds is offered on an “AS IS”, or “AS AVAILABLE” basis without warranties of any kind, other than warranties that are incapable of exclusion, waiver, or limitation under the applicable laws. 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 or received or transmitted using GFunds; (2) as to any service or Product obtained by you using GFunds; (3) that GFunds will be uninterrupted or error-free; or (4) that any particular result or information will be obtained.

GXI shall not be liable for any Claims you or any third party that may raise in relation to, or in connection with, the following:

• You are unable to perform or complete any transaction due to service, system, or line unavailability;
• Any Claims or delay, interruption, or termination of the GCash transaction due to reasons beyond GCash’s control, including force majeure, the action of governmental agencies or third parties, or change in legislation; hacker attack or intrusion or outbreak of a computer virus, loss of information or records or inability of the User to complete any transaction due to the destruction, breakdown, or malfunction of the platforms or systems that is not caused by GCash, material effect caused by technological adjustment made by third parties, temporary or permanent shutdown caused by governmental authorities, or other technological program errors;
• Any misrepresentation or fraud by or misconduct of third parties;
• Decrease in value of investment Product you have invested in due to financial market movements;
• Adverse financial position of Product Providers;
• Any of your interactions or transactions with, or your acts or omissions in relation to, other users; and/or
• Any other analogous circumstances that are beyond the control of GXI.

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You agree that in the event of any dispute or Claim arising from these Terms due to GXI Group’s fault, gross negligence, or willful misconduct, the sole and exclusive remedy available to the User and the liability of GXI Group shall be the award and amount of actual damages as determined and granted by a court of competent jurisdiction.

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15. Suspension and Deactivation

You acknowledge that, in the following cases, GXI has the right to suspend or deactivate your use of the GCash App and/or access to GFunds with prior notice, or take legal action depending on the ground for suspension or deactivation:

• You have breached these Terms and any of GCash App terms;
• the information and documents you provided to GXI, including those required for KYC, is/are fictitious, false, or forged;
• Your account is being used for fraudulent transactions,  unlawful activities, or by an unauthorized person;
• when the deactivation is pursuant to the advice of the Product Provider due to User’s violation of the terms and conditions of the Product Provider,
• you are in violation of these Terms, other relevant/related agreements, applicable laws, regulations, issuances, or orders of governmental authority; and/or
• due to an order of a governmental agency, court, or is pursuant to any law, and/or regulation.

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You further acknowledge that GXI has the absolute discretion, with prior notice, and for whatever reason to: 

• refuse to complete a transaction;
• increase or decrease the limit of your account; or
• to amend or modify your use of the GFunds.

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In the event of suspension or deactivation of your GCash account, or in case of termination of a partnership between GXI and a Product Provider causing the Product Provider’s Product to no longer be accessible via GFunds, you will still be able to access your investments in the Product by transacting and coordinating directly with the Product Provider.

You shall hold GXI free and harmless from any Claims arising from this section unless such Claims due to GXI’s proven sole gross negligence or willful misconduct.

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‍16. Intellectual property rights

You acknowledge and agree that the materials on GFunds, 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 international and domestic laws, treaties and/or conventions.

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GFunds may display certain trademarks belonging to third parties. Use of these trademarks may be subject to the license granted to us by third parties. GXI reserves all its rights under applicable laws pertaining to its intellectual property rights in relation to GFunds and GCash. No intellectual property rights of GXI shall be used by the user or third parties without its written consent.

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