SUBSCRIPTION TERMS AND CONDITIONS

1) Your DITO Journey

In general, you will need these basic requirements for your DITO journey:

1. A) The DITO SIM Card

   • 1.1 Your DITO SIM Card enables you to access the DITO Network and to create a DITO Account on the DITO APP.

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   • 1.2 You may order your DITO SIM Card from within the DITO APP, or you may purchase your DITO SIM Card from the DITO Store, accredited device retailers, online channels, or from any DITO-accredited sales channel.

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   • 1.3 You may choose from two types of DITO SIM Cards: (a) Pre-numbered DITO SIM Card which comes with a pre-assigned mobile number printed on the DITO SIM Card packaging; or (b) Dynamic DITO SIM Card that you can assign a mobile number to from a list of available mobile numbers.

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   • 1.4 Your DITO SIM Card comes pre-loaded with a data pack that you can use for seven (7) days from activation. You can activate the DITO SIM Card by using it on a compatible device.

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   • 1.5 Be sure to activate your DITO SIM Card immediately to begin your Subscription and to check for any problems or issues.

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   • 1.6 Your DITO SIM Card may only be used within areas covered by the DITO Network.

2. B) The DITO APP

   • 1.7 To maximize the use of the features of your Subscription, you will need to download and install the DITO APP into your mobile device. The installation file is accessible from APP platforms such as Google Play, Apple AppStore, and Huawei App Gallery.

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   • 1.8 You can create an account in the DITO APP to maximize its features. When you do, you may be asked to enter personal details and go through a verification process (one- time PIN will be sent through a text message). This will enable you to create your DITO Account which comprises of: your mobile number, your personal details, and the Load and Promos you choose.

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   • 1.9 Your DITO Account will be your key to the entire DITO customer journey.

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   • 1.10 Remember your DITO APP credentials such as your sign-in password—we do not record such personal information.

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   • 1.11 Content on the DITO APP can be accessed using data on your DITO SIM Card or using your trusted Wi-Fi connection.

3. C) DITO Load and Promos

   • 1.12 You will need Load for your Subscription. Load is available at Online (on the DITO website, the DITO APP, or on e-commerce platforms and websites) and Offline (examples: DITO Experience Stores, partner stores, distributors and retailers, and partner kiosks or terminals) channels.

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   • 1.13 In most cases, you will need to subscribe to a Promo which will give you allocation for calls, text messages, and data.

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   • 1.14 Special Promos, on the other hand, will enable you to enjoy value-added services specific to certain mobile apps or uses.

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   • 1.15 Note that all your activities on the DITO Network (including, but not limited to, calls or messages to wrong numbers, fax tones, or answering machines; use of mobile apps; use of the mobile device as a Wi-Fi hotspot; making video calls; or registration to content promos) will be automatically charged against your Load or against any standing promo you are subscribed to. More specifically, in the DITO APP, calls will be charged against your “Available Calls” allocation, text messages sent will be charged against your “Available SMS” allocation, mobile data consumed will be charged against your “Available Data” allocation, and so on.

2) You, the Subscriber

• 2.1 By your Subscription, we assume that you are of legal age and can consent to these Terms and Conditions, or that you are a minor or incapacitated person being assisted or supervised by a capacitated person of legal age in your Subscription.

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• 2.2 Your Subscription is personal to you, and our obligations under these Terms and Conditions shall only relate to you.

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• 2.3 Every now and then, we may request for your participation in surveys or studies aimed at improving our service.

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• 2.4 We expect that you are aware of the consents you have given or will give under these Terms and Conditions and throughout your Subscription (such as for: collection of personal information, processing of your survey responses, and sending you notices).

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• 2.5 Please be courteous to our staff and representatives, including support agents. We reserve the right to disconnect or ban your mobile devices from the DITO Network (apart from filing the appropriate legal action and charging the appropriate fees) if you, your representative, or any other person using your name or account, would use abusive or indecent language to other Subscribers or our staff and representatives, or, in general, if you use the DITO Network for any fraudulent purpose or illegal activities as enumerated in these Terms and Conditions.

3) The DITO Network

• 3.1 On the DITO Network, you can make and receive calls and text messages (SMSs) as well as access the Internet using mobile data (for example, you can use mobile apps, go on social media, or visit websites).

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• 3.2 To ensure continued access to the DITO Network, make sure your DITO SIM Card is properly installed into your device and that your device is not locked to other networks, is not blacklisted (as in the case of reported theft), and has the latest updates installed.

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• 3.3 We will assume that you made or did all activities passing through the DITO Network that are tagged to your DITO Account, your DITO SIM Card, or your device (if registered). Contact us if you suspect somebody else is using your account.

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• 3.4 As with all telecommunications networks, the DITO Network is a scarce resource. Please use it responsibly. We may, from time to time, monitor Subscribers’ compliance with these Terms and Conditions. To ensure proper use and efficient utilization of the DITO Network, we shall be implementing some measures, such as but not limited to the following:

• • a. Acts justifying a Network Response. Any or a combination of these acts will justify a Network Response from us, depending on the severity of the impact and on the frequency of recurrence of the offending act(s):

  • • i. use of the DITO SIM Card or the DITO Network on uses contrary to these Terms and Conditions;

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    • ii. use of the DITO SIM Card or of the DITO Network for non-personal purposes—for example: use in business (whether solo effort or in an establishment);

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    • iii. reconfiguration or modification of the DITO SIM Card in order to override or suppress default settings or limitations (for example: overriding data caps [if any] or resetting built-in network settings);

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    • iv. tampering with the DITO APP;

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    • v. unauthorized resale of the DITO SIM Card, DITO APP, or of DITO Products and Services;

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    • vi. violation of mechanics or of terms and conditions published with or for specific Products and Services or promos;

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    • vii. intervening with, tampering with, or blocking other Subscriptions;

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    • viii. committing fraudulent or illegal activity using or through the DITO SIM Card, the DITO APP, or the DITO Network; and

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    • ix. allowing or enabling another Subscriber to commit or assist in the commission of any of the foregoing acts.

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  • b. Possible Network Responses. We reserve the right to impose any or a combination of the following restrictions or remedies on a case-to-case or a per Subscriber basis, or on an escalating manner:

  • • i. notify (or attempt to notify) the Subscriber of an Act or Acts justifying a Network Response and request the Subscriber to cease such Act or Acts;

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    • ii. issue a warning that any repetition of the Act or Acts will result in us taking further Network Response/s as warranted;

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    • iii. manage the Subscriber’s access to the DITO Network or to the relevant Product, Service, or Promo;

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    • iv. suspend or terminate the Subscriber’s DITO Account, if any;

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    • v. interrupt the Subscriber’s access to the DITO Network or to the relevant Product or Service for a short period (example: one hour); vi. suspend the Subscriber’s access to the DITO Network or to the relevant Product or Service for at least 24 hours;

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    • vii. temporarily suspend delivery of services to the Subscriber’s DITO SIM Card;

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    • viii. permanently block or disable the Subscriber’s DITO SIM Card;

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    • ix. report the Subscriber other Subscriber’s Account to government authorities or to other private entities that have legitimate interests, supply the necessary information to them, and cooperate with them as may be required; and

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    • x. other remedies available under law or regulation.

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  • c. Your remedies. When subjected to any Network Response, you may:

  • • i. check the cause for the Network Response and adjust or correct accordingly;

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    • ii. request for support through any of our support channels listed at the end of these Terms and Conditions; or

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    • iii. cooperate with our Legal team through the details also listed at the end of these Terms and Conditions. d. We reserve the right to update or revise the foregoing measures and other policies from time to time, and updates will be published on the DITO website and the DITO APP.

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• 3.5 Remember that all activities on the DITO Network are subject to all laws, rules, orders, and circulars issued by the National Telecommunications Commission (NTC), among others. You are expected NOT to use the DITO Network to access or distribute restricted, illegal, unlawful, fraudulent, malicious, or abusive content or material, or perform any activity that is contrary to morals or public policy, or which violates any ordinance, law, decree, order, regulation, or treaty, including those penalizing identity theft or usurpation, and violations of the Cybercrime Law, Data Privacy Act, Intellectual Property Code, and Anti-Child Pornography Act, among others.

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• 3.6 We will cooperate with authorities, or with other private entities with legitimate interests, in case the DITO Network is shown to have been used for criminal activity, but we shall only provide call details or itemized bills for calls and text messages made or received by any Subscriber in case of a duly issued court order. We also reserve the right to bring legal action to remedy violations and to collect damages, if any, caused by such violations; or report a Subscriber’s activity to law enforcement or to any relevant government authority, and to charge the Subscriber for appropriate administrative costs.

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• 3.7 Ethical use of the DITO Network is also your responsibility. Do not transmit any material (by sending, uploading, posting, e-mail or otherwise): that is unlawful, threatening, abusive, harassing, defamatory, obscene, libelous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable; or that is fraudulent, unsolicited, or unauthorized, such as advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; that contains malware, viruses, Trojans, worms, bots, or any other code, file, or program designed to interrupt, destroy, or limit the functionality of any software, hardware, or telecommunications equipment; that interferes with or disrupts the DITO Network or servers or networks connected to the DITO Network, or disobey any requirements, procedures, policies or regulations of networks connected to DITO; or that may not be ordinarily used or distributed for commercial or lawful purposes. You agree to indemnify and hold DITO and injured third parties free and harmless from any liability, suit, or damage arising from or connected with your breach of these Terms and Conditions.

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• 3.8 The DITO Network is accessible on an “as is” and “as available” bases. As with any telecommunications network, there is a risk that the DITO Network will not work uninterruptedly or that it could be susceptible to errors, harmful elements, or to security or privacy threats, despite our best-in-class information security and other safeguards. Also, signal strength may vary per area or may fail altogether due to certain factors which are not within our control, including but not limited to building structure and material, natural or artificial barriers (such as walls and clutter), radio or electrical interference, and/or unfavorable weather conditions. We will not be responsible to anyone for any loss or damage that may be caused by fluctuations, interference, or occasional non-performance of the DITO Network.

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• 3.9 We do not warrant that any information accessible on or transmitted through the DITO Network or on the Internet through the DITO Network is accurate, complete, current, or safe. You assume all the risks associated with your use of the DITO Network to access the Internet or any information available thereon. You shall be responsible for using your own security when accessing the Internet and for ensuring that your data is properly backed-up and stored in a secure location. Also, we shall not be responsible for any problem, malfunction, injury, or damage related to or resulting from transmission or communication of harmful materials through the DITO Network.
  
  

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• 4) The DITO SIM Card and Load

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• 4.1 Take care of your DITO SIM Card. We cannot replace your DITO SIM Card if it becomes lost or damaged. It is possible, though, for you to transfer your DITO mobile number to another DITO SIM Card.

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• 4.2 You may have a defective DITO SIM Card replaced, free of charge, within seven (7) days from date of delivery or on-site purchase, but only if the packaging is still intact (for example, the PIN and PUK codes are not missing, incomplete, or unclear). We reserve the right to double-check the condition of the DITO SIM Card before issuing a replacement.

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• 4.3 You must secure your PIN (personal identification number) and PUK (personal unlocking key) codes as we do not keep backup copies. These are unique and assigned specifically to the DITO SIM Card they came with.

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• 4.4 Your DITO SIM Card shall be serviceable as long as it has Load. Your Subscription will be temporarily disconnected once your Load falls below one peso (Php1.00), unless you are subscribed to a Promo that allows continuous use of some services. Your Subscription will be reactivated upon Load top-up. If the temporary disconnection lasts for 90 days or more, your Subscription will be permanently disconnected, your DITO SIM Card will be permanently disabled, and your DITO mobile number will be blocked and blacklisted.

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• 4.5 We shall not reconnect permanently disconnected Subscriptions or replace permanently disabled DITO SIM Cards. A blocked and blacklisted DITO mobile number can no longer be reissued, even when a new DITO SIM Card is purchased. A new DITO SIM Card must be purchased and a new DITO Account must be created to enjoy a new Subscription.

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• 4.6 Be careful when purchasing Load or Promos, as all Load or Promo sales are final and non-refundable (except in the remote event that the online store encountered an error).

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• 4.7 We shall not replace or refund any Load left in a DITO Account in case of loss, theft, or damage due to misuse, mishandling, or neglect.

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• 4.8 We reserve the right, at any time and without prior notice, to modify or update the specifications of SIM Cards that could access and use the DITO Network.

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• 4.9 Do not use counterfeit or refurbished SIM Cards. These are illegal and cannot access the DITO Network. We shall be pursuing the necessary legal action against users or distributors of these fraudulent SIM Cards.

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• 4.10 We reserve the right to update the pricing and distribution channels of DITO SIM Cards and Load.

5) The DITO APP

• 5.1 You need to secure your sign in details for the DITO APP and not share them with any other person. We do not keep copies of any Subscriber’s sign in details and we will not be liable for any loss or damage incurred by any Subscriber because of unauthorized use of DITO sign in details.

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• 5.2 Features of the DITO APP may also be accessed via Unstructured Supplementary Service Data (USSD) or quick codes using the phone call dialer on a mobile device.

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• 5.3 We reserve the right to collect, use, store, or process any information submitted or stored in the DITO APP for purposes of providing you and improving our services, subject to the limits imposed by the DITO Privacy Statement (https://dito.ph/privacy- policy.html). Some of the data we may collect include details of the mobile device on which the DITO APP is used.

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• 5.4 The DITO APP is developed for, operated by, and licensed to DITO. We reserve the right to update the DITO APP at any time and without prior notice.

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• 5.5 Use of the DITO APP is governed by a separate Terms of Use.

6) DITO Products and Services

• 6.1 Our latest product offerings, services, and promos shall always be available on the DITO APP. We may also offer special promos on the DITO website or through campaign tie-ups with various partners—online or offline—subject to the approval by relevant government agencies or governing bodies (for example, the Department of Trade and Industry (DTI), the National Telecommunications Commission (NTC), and the Ads Standards Council (ASC)).

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• 6.2 Our promos and product offerings are priced separately and have their respective validity periods and terms and conditions of use. As service provider, we reserve the right to update our product offerings and promos from time to time.

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• 6.3 Published rates for all DITO product offerings and promos are inclusive of taxes, charges, and other applicable fees. We may update these rates from time to time without notice or as may be necessary to comply with law or regulation, but only upon approval by the relevant government agencies or governing bodies.

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• 6.4 If available, international voice, text, and data roaming services shall be charged at the exchange rate prevailing at the time that such calls are made or received, text messages are sent or received, or data is used.

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• 6.5 We have partnered with several third-party service providers to ensure maximum ease in loading or reloading your DITO Account, among others. Some of these providers might publish their own terms and conditions—you should decide whether those terms and conditions are acceptable to you. Refunds, rebates, or fund returns arising from errors should be taken up with the service provider/s concerned. Intellectual property rights held or owned by these third-party service providers remain theirs.

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• 6.6 We shall be sending government-mandated alerts as may be necessary, such as mobile disaster alerts in times of impending tropical storm, typhoon, tsunami, or other calamities. We shall also provide government-mandated services, such as the emergency hotline number (911) and the public complaints hotline (8888).

7) Mobile devices

• 7.1 To ensure continued access to the DITO Network, your device must not be locked to other networks, not blacklisted (as in the case of reported theft), and have the latest updates installed. Use the DITO APP or contact your device manufacturer or distributor to check if your device has all these qualifications.

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• 7.2 As part of our sales campaign, we have cooperated with several manufacturers and distributors to make sure devices in the market today are compatible with the DITO Network. Some of these devices come as part of bundle packages (DITO SIM Card sold with devices) available at the DITO Stores, retailer stores, and other sales channels. Familiarize yourself with the terms and conditions of these retailers or sales channels, especially their product warranty and terms on refund, replacement, or exchange on devices purchased through them.

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• 7.3 Some devices may be SIM-locked to the DITO Network. We may reverse the SIM-lock upon request, but only upon presentation of the Official Receipt for the device bundle and the device’s IMEI number. We may refuse the request if it appears that unlocking was already attempted on the device by an unauthorized person.

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• 7.4 The following terms shall apply in the case of DITO-issued or loaned devices: a. Even if unmarked or not bearing the DITO branding, the issued or loaned device remains DITO property. DITO will collect, and the receiver or borrower must voluntarily return, all DITO-issued devices at the end of the event for which they were issued or loaned, unless DITO announces otherwise. b. The DITO-issued or loaned device is the receiver or borrower’s personal responsibility and accountability to DITO. Any legal liability shall be personal to the receiver or borrower. c. The borrower or receiver shall take care of and protect the DITO-issued or loaned device. DITO will not replace it if it becomes lost or irreparably damaged in the borrower’s or receiver’s possession. d. If the borrower or receiver loses the DITO-issued or loaned device, or it is damaged beyond repair due to the borrower’s or receiver’s fault or negligence, DITO will charge the borrower or receiver for its cost. If it gets broken due to normal wear and tear, without any fault or negligence on the borrower’s or receiver’s part, the borrower or receiver must inform DITO immediately and allow DITO to inspect it and conduct its own investigation.

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• 7.5 The following terms apply in the case of bundled device packages sold by DITO: a. Delivered in-Store: Subscriber confirms that he/she has inspected the device and DITO SIM Card and found it to be in good order and working condition. b. Delivered off-site: Subscriber shall be solely responsible for the inspection of the device and DITO SIM Card upon its delivery to him/her. If Subscriber does not call DITO or file any report or notice of defect with DITO within seven calendar (7) days from delivery of the bundled device to the Subscriber, DITO shall assume that the Subscriber is satisfied and found the bundled device in good order and working condition. c. DITO shall only honor requests for refund, exchange, or return within 30 calendar days from the date of purchase. After this period, requests for return or exchange may be entertained but only in case of hidden defects. d. Subscriber shall bear the loss of or damage to the bundled device, but this does not constitute a valid ground not to pay any amount due to DITO, whether for the purchase of the bundled device or for recurring Subscription fees. Neither does this loss or damage constitute a valid ground for Subscriber to terminate the Subscription without settling the applicable Pre-Termination Fee. e. Subscriber should immediately notify DITO, whether through its Customer Service Hotline (185), its Stores, or Subscriber’s DITO account manager of any loss or damage to the bundled device. At Subscriber’s request, DITO may temporarily disconnect or suspend the Subscription and reconnect it later on, also upon Subscriber’s request. The loss or damage notwithstanding, Subscriber shall pay for all usage charges prior to the time that the loss or damage is reported to DITO. Moreover, Subscriber remains liable for the payment of amounts due to DITO (whether for the purchase of the bundled device or for recurring Subscription fees) during the period of temporary disconnection or suspension of the Subscription. f. DITO does not have the capability to repair devices. DITO does not carry any warranty whatsoever over the bundled device—any product warranty shall be directly handled by the device manufacturer or distributor. DITO shall have no responsibility whatsoever to repair or replace any lost or damaged bundled

8)

General Terms and Conditions

• 8.1 Data Privacy.

• • a. Per the Data Privacy Act and related regulations, you have the right, as a Data Subject, to at any time amend, update, revise, or delete certain parts of your personal data that you provided to us or that we collected from you through various means throughout your Subscription (such as the DITO App, e-mails, phone calls, or visits to the DITO stores). You may also take with you all your personal data details you provided to us or consented to be collected by us when you terminate your Subscription. Your personal data shall be provided to you via a PDF file upon your request. Further details may be found at the DITO Privacy Statement (https://dito.ph/privacy-policy.html).

• • b. As a Subscriber, you agree and consent to the collection, use, disclosure, processing, or analysis, either by us or by third parties acting on our behalf, of your personal data, including your network use, location profiling, and interest profiling based on sites visited, and other commercial activity data for marketing and other purposes such as improving our products and services. Specifically, you agree and consent that DITO, its affiliates in the Udenna Group of Companies, and accredited vendors or partners may access, process, or use your personal information to: a) manage your subscriber account, carry out customer-care activities and train staff, including monitoring calls, e-mails, or text messages that you shall send to DITO, and to perform after-sales transactions; b) monitor the quality and security of the DITO Network and test and maintain DITO’s IT systems; c) analyze your use of our services, for marketing purposes; d) determine your approximate location and send this information to emergency services (in case of emergencies); e) contact you with marketing messages such as cross-sell or upsell of current and new products/services, commercial and promotional advertisements, loyalty and rewards programs, and other broadcast push messages, which may include marketing and market research surveys; f) perform credit scoring; and g) provide statistics for government research and other social studies.

• • c. Where necessary and appropriate, we shall aggregate and anonymize data prior to sharing to protect your privacy.

• • d. Some features of the DITO APP rely on or feature third-party content, such as Google Maps. The use of Google Maps features and content is subject to the current versions of the (1) Google Maps/Google Earth Additional Terms of Service (https://maps.google.com/help/terms_maps.html) and the (2) Google Privacy Policy (https://www.google.com/policies/privacy/). 

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• 8.2 Intellectual Property Rights. The mere publication of DITO’s branding, logo, trademark, trade name, other Intellectual Property assets, or any of its elements, including those which are licensed to DITO (collectively, the “DITO IP”) does not authorize any person to appropriate for themselves or otherwise use the DITO IP for any purpose without DITO’s knowledge or written consent. There is no intention, explicitly or impliedly, on the part of DITO to facilitate or effect a transfer of or grant a license (of whatever nature) over the DITO IP to any party. DITO reserves all its rights over all DITO IP and over these Terms and Conditions.

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• 8.3 Non-representation. DITO does not represent or act on behalf of its partners, distribution channels or agents, vendors, or service providers.

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• 8.4 Force Majeure. We shall not be liable for any delay, interruption, error, inaccuracy, loss, damage, or injury resulting from acts or technical, mechanical, electrical or electronic fault or difficulty, or any other reason or circumstances beyond our control (including, but not limited to, acts of God, acts of third parties, sabotage, strike, labor disputes, fire, disturbance, government action, atmospheric conditions, lightning, interference or damage by third parties, change in legislation or regulation, theft or unauthorized use of your DITO SIM Card, or the transmission by any person of any illegal, false, misleading, derogatory, libelous, obscene, or vulgar messages or information).

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• 8.5 General Limits of Liability. We shall not be liable to you or to any third party, directly or indirectly, for any loss, liability, costs, or any direct, indirect, consequential or other damages (whether in tort or in law) resulting from your acts, omissions, failures, errors, use, misuse, or abuse of your Subscription, the DITO Network, the DITO SIM Card, the DITO APP, or any Subscription-related elements, or for any loss, damage, theft, neglect, mishandling or misuse/abuse of your own device(s).

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• 8.6 Governing Law and Dispute Resolution. These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of the Philippines. Any dispute, controversy, or claim arising out of or relating to this Agreement shall be filed exclusively with the proper court in Taguig City

9) Getting Support and Further Information

You may request for support at any time through the following:

• you may access the DITO APP for live chat support

• you may dial 185 on the DITO APP

• you may send an e-mail to customerservice@dito.ph

Legal notices may be sent to:

The Legal Department
DITO Telecommunity Corporation
11/F Udenna Tower, Rizal Drive corner 4th Avenue
Bonifacio Global City, Taguig City 1634
legal.department@dito.ph

[Updated as of September 30, 2021]