Terms & Conditions

These Terms and Conditions ("Terms") govern your access to and use of the Ponkan platform, including our website, dashboard, APIs, checkout links, and related services (collectively, the "Platform"). Ponkan is operated by Rework Technologies Inc. ("Company"), a corporation duly organized and existing under the laws of the Republic of the Philippines. Ponkan is a commerce infrastructure platform that enables merchants to build and manage online businesses, accept payments, and serve their customers.

By creating an account or using the Platform, you agree to comply with these Terms, the Republic Act No. 8792 (Electronic Commerce Act of 2000), and all applicable Philippine laws. If you do not agree, you must discontinue use of the Platform immediately.

1. Definitions

• "Ponkan," "we," "us," or "our" refers to Rework Technologies Inc., the operator of the Platform.
• "Merchant" or "you" refers to any individual or entity that registers for and uses the Platform.
• "Customer" refers to any end-user who purchases goods or services through a Merchant's checkout link, invoice, or storefront powered by Ponkan.
• "Payment Provider" refers to our third-party payment processing partners, including but not limited to Xendit, that facilitate the collection and settlement of payments.
• "Platform" refers to the Ponkan dashboard, APIs, checkout pages, and all related tools and services.

2. Eligibility and Account Registration

2.1 Eligibility

To use the Platform, you must be at least eighteen (18) years of age and have the legal capacity to enter into contracts under Philippine law. If you are registering on behalf of a business entity, you represent and warrant that you have the authority to bind that entity to these Terms.

2.2 Account Responsibilities

When you create a Ponkan account, you agree to:

• Provide truthful, accurate, and complete information during registration
• Maintain the security and confidentiality of your login credentials
• Promptly update any changes to your account information
• Accept full responsibility for all activities conducted under your account
• Notify us immediately if you suspect any unauthorized access or security breach

We reserve the right to suspend or terminate accounts that contain inaccurate, incomplete, or fraudulent information.

3. Platform Services

3.1 What Ponkan Provides

Ponkan is a commerce framework that provides merchants with the tools to build and operate online businesses. Our services include but are not limited to:

• Product Management — Create, manage, and sell physical and digital products, including license key generation and digital file delivery
• Checkout Links — Generate shareable payment pages with customizable discount codes
• Invoicing — Create and send professional invoices to customers for services and custom work
• Order Management — Track and manage the complete order lifecycle
• Customer Management — Maintain a customer database with billing details
• Analytics and Reporting — Access sales metrics, revenue charts, and business insights
• REST API and Webhooks — Integrate Ponkan into your existing systems
• Team Management — Invite team members with role-based access (Owner, Admin, Member)

3.2 Third-Party Payment Processing

Ponkan does not directly process payments. All payment transactions are handled by third-party Payment Providers. By using the Platform, you acknowledge and agree that:

• Payments made by your Customers are processed by our Payment Provider(s), currently including Xendit, which supports credit/debit cards (Visa, Mastercard), GCash, Maya, and other electronic payment methods
• You are subject to the terms, conditions, and privacy policies of the Payment Provider(s) in addition to these Terms
• Ponkan is not responsible for payment failures, delays, chargebacks, or disputes that arise from the Payment Provider's systems
• Settlement of funds to your designated bank account is subject to the payout schedules, minimum thresholds, and policies of the Payment Provider

3.3 Fees

Ponkan charges the following fees for use of the Platform:

• Platform Fee: A percentage-based fee plus a flat fee per successful transaction
• Payment Processing Fee: Charged by the Payment Provider for each transaction processed

Current fee rates are displayed on your Ponkan dashboard and may be updated from time to time. We will provide at least thirty (30) days' notice before any fee changes take effect for existing merchants.

4. Merchant Obligations

4.1 Lawful Use

You agree to use the Platform only for lawful purposes and in compliance with all applicable Philippine laws and regulations, including but not limited to:

• Republic Act No. 7394 (Consumer Act of the Philippines)
• Republic Act No. 8792 (Electronic Commerce Act of 2000)
• Republic Act No. 10173 (Data Privacy Act of 2012)
• Bureau of Internal Revenue (BIR) regulations regarding the issuance of official receipts and tax obligations for online sales

4.2 Prohibited Activities

You may not use the Platform to:

• Sell illegal, counterfeit, or prohibited goods and services under Philippine law
• Engage in fraud, money laundering, or any form of financial crime
• Sell regulated goods (firearms, pharmaceuticals, tobacco, alcohol) without proper government licenses and permits
• Infringe upon the intellectual property rights of third parties
• Collect or process personal data in violation of the Data Privacy Act of 2012
• Interfere with, disrupt, or attempt to gain unauthorized access to the Platform
• Use automated systems (bots, scrapers) to access the Platform without written permission
• Resell, redistribute, or sublicense Platform access to third parties

4.3 Tax Compliance

You are solely responsible for determining and fulfilling your tax obligations. Ponkan does not provide tax advice. You acknowledge that you are responsible for registering with the Bureau of Internal Revenue (BIR), issuing proper receipts or invoices as required by law, and remitting applicable taxes including VAT, percentage tax, and income tax.

5. Customer Transactions and Refunds

5.1 Merchant-Customer Relationship

Ponkan serves as a technology platform that facilitates transactions between Merchants and their Customers. The contractual relationship for the sale of goods and services exists between you and your Customer. You are solely responsible for the quality, legality, and fulfillment of products and services sold through the Platform.

5.2 Refund Policy

Ponkan supports full refunds on the Platform. As a Merchant, you are responsible for establishing and communicating your own refund policy to your Customers in compliance with the Consumer Act of the Philippines (RA 7394). Refund amounts will be deducted from your pending payouts.

6. Payouts

Funds collected from your Customers through the Payment Provider are settled to your designated Philippine bank account according to your selected payout schedule (daily, weekly, or monthly). Payouts are subject to:

• A minimum payout threshold that must be met before funds are transferred
• Deductions for platform fees, payment processing fees, and any applicable refunds
• Processing times determined by the Payment Provider and your receiving bank
• Verification requirements that may include submission of valid government-issued identification and business registration documents

Ponkan reserves the right to hold, delay, or withhold payouts in cases of suspected fraud, disputes, chargebacks, or violations of these Terms.

7. Intellectual Property

7.1 Ponkan's Rights

The Platform, including its design, code, features, documentation, trademarks, and all related intellectual property, is owned by Rework Technologies Inc. and protected under Philippine intellectual property laws (Republic Act No. 8293). You are granted a limited, non-exclusive, non-transferable, and revocable license to use the Platform solely for its intended purpose.

7.2 Your Content

You retain ownership of all content, product listings, images, and data you upload to the Platform ("Merchant Content"). By uploading Merchant Content, you grant Ponkan a non-exclusive, royalty-free license to use, display, and process such content solely for the purpose of operating and providing the Platform services to you.

8. Data Privacy

We process personal data in accordance with Republic Act No. 10173 (Data Privacy Act of 2012) and its Implementing Rules and Regulations. For details on how we collect, use, and protect your personal information, please refer to our Privacy Policy.

As a Merchant, you are also a personal information controller under the Data Privacy Act with respect to the Customer data you collect through the Platform. You are responsible for ensuring that your data collection and processing activities comply with the law, including obtaining appropriate consent from your Customers.

9. Disclaimer of Warranties

THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED UNDER PHILIPPINE LAW, PONKAN DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the Platform will be uninterrupted, error-free, or free of harmful components. We do not guarantee any specific results from your use of the Platform.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY PHILIPPINE LAW, PONKAN SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES, ARISING FROM:

• Your use of or inability to use the Platform
• Payment processing failures, delays, or errors caused by the Payment Provider
• Unauthorized access to or alteration of your data
• Actions or omissions of third parties, including Payment Providers and your Customers
• Any content or transactions conducted through the Platform

Ponkan's total aggregate liability shall not exceed the total fees paid by you to Ponkan in the twelve (12) months preceding the event giving rise to the claim.

11. Indemnification

You agree to indemnify, defend, and hold harmless Rework Technologies Inc. (Ponkan), its officers, directors, employees, and agents from any and all claims, damages, losses, liabilities, and expenses (including attorney's fees) arising from or related to:

• Your use of the Platform
• Your violation of these Terms or any applicable law
• Your products, services, or business practices
• Any dispute between you and your Customers

12. Suspension and Termination

12.1 By Ponkan

We may suspend or terminate your access to the Platform at any time, with or without notice, if:

• You breach any provision of these Terms
• We are required to do so by law, regulation, or court order
• We detect fraudulent, illegal, or suspicious activity on your account
• Your account has been inactive for an extended period

12.2 By You

You may terminate your account at any time through the Platform settings. Upon termination, your right to use the Platform ceases immediately. Any pending payouts will be processed according to the regular schedule, less any applicable fees, refunds, or chargebacks.

12.3 Survival

Provisions related to intellectual property, limitation of liability, indemnification, dispute resolution, and any other provisions that by their nature should survive termination shall remain in effect.

13. Modifications to Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated through the Platform dashboard or via email at least thirty (30) days before they take effect. Your continued use of the Platform after the effective date constitutes your acceptance of the revised Terms.

14. Governing Law and Dispute Resolution

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of the Philippines.

14.2 Dispute Resolution

Any dispute arising out of or relating to these Terms shall first be settled through good-faith negotiation between the parties. If the dispute cannot be resolved within thirty (30) days, it shall be submitted to mediation under the rules of the Philippine Dispute Resolution Center, Inc. (PDRCI). If mediation fails, the dispute shall be resolved through arbitration in Metro Manila, Philippines, in accordance with the Alternative Dispute Resolution Act of 2004 (Republic Act No. 9285).

14.3 Jurisdiction

For any matters not subject to arbitration, the courts of Metro Manila, Philippines shall have exclusive jurisdiction.

15. General Provisions

• Severability. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
• Waiver. The failure of Ponkan to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
• Entire Agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and Rework Technologies Inc. regarding your use of the Platform.
• Assignment. You may not assign or transfer your rights under these Terms without our prior written consent. Ponkan may assign its rights and obligations without restriction.

16. Contact Us

If you have any questions about these Terms, please contact us at:

• Email: [email protected]