Internet Banking Service Agreement
This Internet Banking Service Agreement (the “Agreement”) sets forth the specific terms and conditions which shall govern my use of the BanKo Internet Banking Services, as below defined, of BPI Direct BanKo, Inc. (“BanKo” or the “Bank”). By using the BanKo Internet Banking Services, I (also referred in this Agreement as the “authorized user”) agree as follows:
1. DEFINITIONS
1.1 Unless the context otherwise requires, I agree that the following terms when used in this Agreement shall have the meaning indicated below:
“BanKo Account/s” shall refer to the bank account/s of the authorized user that were opened by such user with BPI Direct BanKo, Inc.
“BanKo Cash Agents” are non-BanKo entities, who are not members of the BPI Group of Companies, but are authorized by the Bank to offer financial services to BanKo customers subject to the terms and conditions of this Agreement.
“BanKo Internet Banking Services” means any service, financial or otherwise, electronically provided by the Bank through the use of internet banking facility, which may be through the Bank’s online website, i.e., online.banko.com.ph (the “BanKo Website”), or through the Bank’s internet-enabled mobile application (the “BanKo Mobile App”).
“BanKo Online Partners” are non-BanKo entities, which are not members of the BP| Group of Companies, but are authorized by the Bank to allow an authorized user, who avails of such non-BPI entity’s services, to pay for such services through the authorized user’s Nominated BanKo Account via the BanKo Website or BanKo Mobile App, subject to the terms and conditions of this Agreement.
“Biometric Login” is the authorized user’s alternative unique identification, in place of the Username and Password, that allows the authorized user to log in to the BanKo Mobile App installed in such authorized user’s internet-enabled mobile phone, via the authorized user’s biometrics, i.e., the authorized user’s electronic face identification or any of the authorized user’s fingerprints, provided that such biometrics are saved by the authorized user in the said mobile phone’s settings.
“Enrolled BanKo Account/s” refers to the authorized user’s BanKo Account/s that is/are registered and enrolled by the authorized user with the Bank as part of the bank account/s accessible to such authorized user through the BanKo Internet Banking Services.
“Intellectual Property Rights” means any (i) names, logos, registered and unregistered trademarks, and service marks, (ii) patents and patent applications, (iii) business methods, inventions, and discoveries that may be patentable, (iv) software and computer code, and (v) copyrights in both published works and unpublished works. Intellectual Property Rights shall include all Intellectual Property Rights registered under the Bank’s name, duly licensed to the Bank by an affiliate of the Bank or by a third party.
“Nominated BanKo Account” refers to any one of the authorized user’s Enrolled BanKo Account/s that the authorized user has elected as subject of the specific transaction being processed by the authorized user through the BanKo Internet Banking Services.
“One-Time PIN”, also referred to as the “OTP”, is a security code that is only valid for a single transaction and is intended to add an extra layer of security. For each transaction wherein the OTP is required by the Bank, the OTP is sent via text message to the authorized user’s Registered Mobile Number and the authorized user will be prompted by the BanKo Mobile App to directly input the OTP on the space provided therein in order to authorize, confirm, and complete the corresponding transaction.
“Password” means the code, which is composed of a string of characters composed of letters and/or numbers, created and nominated by the authorized user, which when used in conjunction with the Username, serves as the authorized user’s unique identification for the purpose of authenticating and accessing any and all the BanKo Internet Banking Services.
“Push notification” means a text message sent by the Bank to the authorized user’s Registered Mobile Number with reference to the authorized user’s Enrolled BanKo Account/s and/or use of the BanKo Internet Banking Services, which may include announcements, account and transaction notifications, marketing messages and location-based alerts, among others.
“Registered Mobile Number” means the mobile number provided by the authorized user to BanKo and is the mobile number reflected in the authorized user’s Bank documents, such as the signature card and the personal information sheet, as such documents may be updated by the authorized user from time to time at his/her Bank branch of account/s, i.e. the branch of the Bank wherein authorized user opened his/her account/s. Any OTP, as defined herein, to be sent by the Bank will be sent to this mobile number. For avoidance of doubt, only local Philippine mobile numbers may be elected as an authorized user’s Registered Mobile Number.
“Username” means one name, which is composed of a string of characters composed of letters and numbers, nominated by the authorized user, which when used in conjunction with the Password, serves as the authorized user’s single unique identification for the purpose of authenticating and accessing any and all of the BanKo Internet Banking Services.
1.2 Headings used in this Agreement are for convenience and reference only and shall not affect the meaning or interpretation of this Agreement. Unless the context otherwise requires, words denoting the singular shall include the plural and vice versa, and words denoting persons shall include individuals, corporations, partnerships, joint ventures, trusts, unincorporated organizations, and any political subdivision, agency, or instrumentality. Any reference to a law or statute shall be construed as a reference to such law or statute as the same may have been, or may from time to time be, amended, substituted, or re-enacted.
2. ACCESS TO BANKO INTERNET BANKING SERVICES
2.1 The Bank has provided sufficient instructions on how to use the BanKo Internet Banking Services through this Agreement, and shall continue to do so through modifications to this Agreement from time to time, as well as, through the Bank’s rules, regulations, and policies, as relayed via the Bank’s announcements on the BanKo Website and/or through push notifications. I understand that it is my responsibility to follow the Bank’s instructions, and only after understanding said instructions can I be qualified to access any of my Enrolled BanKo Account/s via the BanKo Internet Banking Services with the use of an internet-enabled device, such as, (a) a mobile phone for access to the BanKo Mobile App, and (b) a web browser for access to the BanKo Website. I agree to be responsible for any and all adverse consequences of my use of an internet connection and/or the internet-enabled device in order to avail of the BanKo Internet Banking Services. I hereby hold the Bank free and harmless, and I agree to indemnify/reimburse the Bank, from any and all claims, liabilities, costs, payments, damages and expenses, arising from or in connection with my use of an internet connection and/or internet-enabled device, including mobile phones and web browsers.
2.2 Through the BanKo Internet Banking Services that may be provided by the Bank under this Agreement, I may be able to access any of my Enrolled BanKo Account/s through the BanKo Website and/or the BanKo Mobile App by using my “Login Credentials”, i.e., my Username and Password or, for the BanKo Mobile App, my Biometrics, provided that in the latter case, only if and when Biometric Login is available and enabled.
2.3 Although the BanKo Internet Banking Services is designed by the Bank to be accessible seven (7) days a week, twenty four (24) hours a day, I understand and accept that, at certain times, with or without prior notice to me, any one, some, or all of the BanKo Internet Banking Services may not be available due to Force Majeure, system maintenance, or system downtime. Any scheduled system maintenance could occur as early as 10:00 PM (Philippine Standard time) on a banking day, or as otherwise required and solely determined by the Bank. I agree that the Bank shall in no event be held liable for any and all claims, liabilities, costs, payments, damages and expenses, arising from or in connection with any such Force Majeure, system maintenance, or system downtime.
For purposes of dating my BanKo Internet Banking Services transactions, I understand that a bank cut-off time has been implemented. All transactions done before the designated bank cut-off, as stated in this Agreement or as otherwise determined by the Bank, will be posted to my Nominated BanKo Account on the same day. Transactions after cut-off on a banking day or those completed on a Saturday, Sunday or bank holiday will be posted on the next banking day.
2.4 l further agree that should I register any of my BanKo accounts as an Enrolled BanKo Account, all my other BanKo Account/s will be linked and registered automatically as Enrolled BanKo Accounts, without need for any further authorization or consent on my part. As a result, I understand and agree that in addition to the Enrolled BanKo Account that I personally registered, such automatically registered BanKo Account/s are also deemed Enrolled BanKo Account/s that may be automatically viewable whenever BanKo Internet Banking Services are accessed using my Username and Password or Biometrics. The Bank, however, reserves the right, at its discretion, to require my manual enrollment to the BanKo Internet Banking Services of my other BanKo Account/s, regardless of whether such an account is linked with any of the existing registered Enrolled BanKo Account/s, as it may deem fit and appropriate.
2.5 l also agree that by registering any, some, or all my BanKo Account/s to the BanKo Internet Banking Services, other Bank products under my name such as, but not limited to, my credit cards (if any) and/or loans may be automatically viewable whenever BanKo Internet Banking Services are accessed using my Username and Password or Biometrics. The Bank, however, reserves the right, at its discretion, to require my manual enrollment to the BanKo Internet Banking Services of select products, services, and facilities as it may deem fit and appropriate.
2.6 Since the Bank may require me to input an OTP in order for me to complete my transaction/s via any, some or all of the BanKo Internet Banking Services, I agree to immediately update the Bank of any changes to my Registered Mobile Number in accordance with the Bank’s prevailing instructions in relation to such updating. I understand and agree that it is my obligation to verify and, if necessary, correct in accordance with the Bank’s prevailing instructions the mobile number reflected in the Bank’s records as my Registered Mobile Number. I hereby agree that in no event shall the Bank be held liable for sending any such OTP/s to the mobile number reflected as my Registered Mobile Number in the Bank’s records at the time the Bank sent such OTP/s.
3. SECURITY PASSWORD USAGE
3.1 l agree not to let anyone know of my Password. I understand and agree that the Bank shall, in no event, require me to divulge my Password through phone call, text, or e-mail to any person or to any entity. I understand that such Password shall only be required by the Bank through the BanKo Mobile App and the BanKo Website, i.e. whenever | access my BanKo Mobile App through my mobile phone and whenever I access BanKo Internet Banking Services through the BanKo Website.
3.2 l agree to assume full responsibility for all transactions made in relation to my Enrolled BanKo Account/s through the use of my Username and Password. It is understood that the Password is known only to me and as such, any transaction effected using my Password shall be conclusively presumed to be done by me or authorized by me. I agree that the Bank shall in no event be held liable for any and all claims, liabilities, costs, payments, damages and expenses, arising from or in connection with the use of my Password, including any transactions made in my Enrolled BanKo Account/s using such Password.
3.3 l agree to secure my SIM card and immediately inform BanKo through its Customer Service Hotline if the same has been compromised or is no longer in my possession. I agree that the Bank shall in no event be held liable for any and all claims, liabilities, costs, payments, damages and expenses, arising from or in connection with any unauthorized activity in my Enrolled BanKo Account/s made via the access of BanKo Internet Banking Services through the use of my unsecured SIM card.
3.4 If Biometric Login is enabled on my BanKo Mobile App, I agree that any Biometrics saved in my mobile phone’s settings can be used to access the BanKo Internet Banking Services and my Enrolled BanKo Account/s. I agree to assume full responsibility for all my Biometrics saved in internet-enabled mobile phones. I agree that the Bank shall in no event be held liable for any activity and/or transaction made by any person accessing the BanKo Internet Banking Services through mobile phones with my saved Biometrics, regardless of whether such activity and/or transaction was authorized by me.
3.5 l further agree and undertake to change my Password from time to time as I deem necessary in order to fully safeguard and ensure the security of my access to the BanKo Internet Banking Services. Should I feel that my Password has been compromised, I shall immediately change my Password through BanKo Internet Banking Services’ Change Password facility.
3.6 l agree that the Bank, at its sole discretion, is entitled to act on the instructions received via any and all of the BanKo Internet Banking Services which the Bank reasonably believes emanated from me by virtue of the use of my Username and Password and/or saved Biometrics. I further agree that the Bank shall not be liable for acting in accordance with or based on the BanKo Internet Banking Services requests and/or instructions made through the access of BanKo Internet Banking Services through my Login Credentials, which it believes emanated from me.
4. BANKO INTERNET BANKING SERVICES
Subject to the terms and conditions of this Agreement, I understand that the following are some of the services currently offered by the Bank as part of the BanKo Internet Banking Services:
4.1 ACCOUNT BALANCE INQUIRY – I can access the available balance or the withdrawable balance of each of my Enrolled BanKo Account/s as of the date and time of my inquiry, as well as, the total balance of such Account/s as of the previous banking day.
4.2 ACCOUNT DETAILS ACCESS – Through the BanKo Website and/or the BanKo Mobile App, I can access the transactions of my Enrolled BanKo Account/s occurring within the preceding three (3) months from date of my last Statement of Account (SOA). I may, however, request for a copy of such SOA for transactions that occurred even prior to the said three (3)-month period with any branch of the Bank. Such SOA may be picked up at the branch where such request was made.
4.3 FUNDS TRANSFER – Subject to the terms and conditions in this Agreement, I can only transfer funds from my Nominated BanKo Account to any of the following that are considered valid beneficiary account/s:
i.Any of my other Enrolled BanKo Account/s, i.e. those other accounts under my name that are viewable in My Portfolio;
ii.Any BanKo Account/s, i.e. those other BanKo deposit accounts under another depositor’s name that have been added by me as part of my favorite account/s;
iii. Any BanKo deposit account indicated as recipient account, as the Bank has a “Transfer to Anyone” facility;
In such event, the amount of funds to be transferred shall be deducted from the balance of the Nominated BanKo Account that I specified in the transaction request page and will be added to the beneficiary account real time, should I choose to transfer the funds on a real time basis, or at a specified time, should I choose to transfer funds on a scheduled basis, provided, that the amount of funds indicated in my request is:
i.Equal to or less than the remaining balance of the Nominated BanKo Account; and
ii.Does not exceed any limit imposed by the Bank on the amount of funds and the number of times that I can use the Funds Transfer facility within a certain period.
Moreover, I understand that the Bank may likewise set, impose, and collect fees in relation to certain fund transfer transactions and such fees when due shall be considered part of the amount of funds to be deducted from the balance of my Nominated BanKo Account without need of any further notice to, or demand from, me.
4.3.1 Real time and scheduled funds transfers can originate only from any of my BanKo savings and current accounts that are Enrolled BanKo Account/s.
4.3.2 Should I choose to initiate a real time funds transfer, I may do so by manually triggering real time fund transfers on the transfer date, while for scheduled fund transfer, this shall automatically transfer on the scheduled date that I specified in my prior request for a scheduled fund transfer.
4.3.3 Completed real time funds transfers are reflected immediately in the withdrawable balance of my accounts. However, the transactions will appear in the account details screen on:
4.3.3.1 the next banking day, if my real time fund transfer is received by the Bank before system downtime; or
4.3.3.2 after two (2) banking days, if my real time fund transfer is received by the Bank after system downtime.
4.3.4 Completed transactions will not be reversed by the Bank. Should there be any discrepancy with the transfer (such as, but not limited to, incorrect amount or incorrect beneficiary), I shall coordinate directly with the beneficiary to settle the amount.
4.3.5 l am responsible for all the details of each and every transaction done using my Login Credentials. I undertake that it’s my responsibility to check the correctness of the details of the transfer, including the Nominated BanKo Account, the amount to be transferred, and the beneficiary account details, before proceeding with my transaction.
4.3.6 l undertake to properly identify the intended beneficiary and his/her/its corresponding bank account details, and will not rely on the Bank to provide additional details about the beneficiary. I understand that although I may request for such additional details, the Bank shall in no event be obligated to provide such information to me. In the event that I request the Bank to provide any such additional details, I authorize the Bank to disclose to the beneficiary all details arising from and in connection with my request in order to facilitate any processing of my request. In no event shall the Bank disclose information regarding such beneficiary without the beneficiary’s express consent and in no event shall the Bank be liable to me for its refusal or failure to provide the requested information details about the beneficiary for whatever reason.
4.3.7 The Bank is not a party to whatever agreement took place between me and the beneficiary in relation to the transfer. I will not hold the Bank liable and will not demand reversal from the Bank for transfer/s done, regardless of whether such transfer/s was/were proven to have been made in bad faith and/or was/were in any other way inconsistent with the agreement.
4.3.8 The starting date of a scheduled fund transfer should be later than the current calendar date.
Scheduled fund transfers cannot start on the calendar date of request. If the transfer must be done on the calendar date of request, then I have to perform a real time fund transfer, without prejudice to setting a new scheduled fund transfer for future transfer/s. Accordingly, the scheduled fund transfer shall cause the amount of funds I indicated to be deducted from my Nominated BanKo Account and transferred to the beneficiary account on the date of such future scheduled fund transfer.
4.3.9 For each scheduled fund transfer, I can only select one (1) of the following frequencies of automated transfer: one-time transfer, monthly, or quarterly. When the requested fund transfer date falls on a weekend or holiday, the actual fund transfer date will be one (1) day before such weekend or holiday.
4.3.10 Only cleared and withdrawable balances of my Nominated BanKo Account shall be considered for fund transfers, both for real time fund transfers and scheduled fund transfers. In case of insufficient funds in my Nominated BanKo Account, my fund transfer request will automatically be cancelled and no further attempt will be made by the Bank to make the transfer.
The Bank shall have no obligation or liability if it does not complete a fund transfer due to insufficiency of funds in my Nominated BanKo Account. In all cases, I am responsible for making alternate arrangements for the transfer.
4.3.11 In case of multiple scheduled fund transfers coming from a Nominated BanKo Account, should such account have only enough balance to complete some but not all fund transfers, the Bank, in its sole discretion, may determine which of my transfer requests to complete.
4.3.12 Prior to the date of my scheduled fund transfer, I can edit or cancel such scheduled fund transfer through the BanKo Internet Banking Services, subject to the terms and conditions under this Agreement.
4.3.13 l understand and accept that the Bank may identify other types of accounts that may be enrolled under the Funds Transfer Facility.
4.3.14 l understand and accept that the Bank may, at its sole discretion, impose limits and restrictions on the currency of the funds and the amount of funds that may be transferred via the BanKo Online Banking Services.
4.3.15 l agree to hold the Bank free and harmless, and to indemnify/reimburse the Bank, from any and all claims, liabilities costs, payments, damages and expenses, arising from or in connection with the Bank’s implementation of my fund transfer requests and the use of the Funds Transfer Facility using my Login Credentials with the corresponding OTP.
4.4 BILLS PAYMENT – Through this Bills Payment Facility, I can request the Bank to debit an amount of money from my Nominated BanKo Account and credit to a nominated bills pay merchant or
payee.
4.4.1 In availing of this Bills Payment Facility, I may choose to pay merchant/s or payee/s real time or on a scheduled basis. I agree that I can pay merchant/s or payee/s through the BanKo mobile app. Should such merchant/s or payee/s have a deposit account with the Bank, I can, in the alternative, use the Funds Transfer Facility to transfer funds to such deposit account should I desire to do so, subject to such credit limit restrictions as the Bank may impose for transfers of the sort.
4.4.2 All payments made through the Bills Payment Facility shall be posted and transmitted to the merchant/s or payee/s real time. Payment requests made through this Bills Payment Facility during system downtime shall be automatically rejected.
4.4.3 Only cleared and withdrawable balances of my Enrolled BanKo Account/s shall be available for such payment. In case of insufficient funds in my Nominated BanKo Account, my payment request will automatically be cancelled by the Bank.
4.4.4 Any discrepancy between the billing amount and the paid amount and/or between the customer reference number indicated in my payment request and the customer reference number of my actual account with such merchant/payee shall be resolved between me and the merchant/payee directly. The Bank shall not be held responsible for any such discrepancy. The Bank shall not represent either Party nor intervene on behalf of either Party.
4.4.5 The Bank is authorized to disclose to any of the merchant/s and/or payee/s any information pertaining to me, my account/s, and/or my transactions, as may be necessary for the operation of this Bills Payment Facility.
For this purpose, I agree to hold the Bank free and harmless from any and all liabilities, claims, demands and suits of whatever nature, arising out of or in connection with such disclosure, including, but not limited to, the Bank’s disclosure of my deposit account information and/or personal information.
4.4.6 Payment shall be for current/due bills only. Payments for past due or overdue accounts with service disconnection/termination of contract or lapse of policy shall be made directly to the collection offices of the merchant/s and/or payee/s, as the case may be.
4.4.7 The Bills Payment arrangement between the Bank and any of the merchant/s and/or payees may be cancelled at any time by either party without any written prior notice of termination to me.
4.4.8 The Bank may, at its discretion, reverse a bills payment transaction in case of suspected fraud or system error.
4.4.9 l also agree that the Bank may, at its sole discretion, impose limits and restrictions on the currency of the funds and the amount of funds that can be paid to a merchant and/or payee via the BanKo Online Banking Services.
4.4.10 Payment procedures/stipulations imposed by such merchant/s and/or payees not inconsistent herewith or with any of the terms and conditions hereof or any related documents or instruments governing the Bank’s products, services, facilities and channels, shall be incorporated herein and made part of this Agreement in so far as my transactions with such merchant/s and/or payee/s are affected. However, the Bank shall not be bound by any such terms and conditions unless otherwise expressly stated by the Bank.
4.4.11 | shall hold the Bank free and harmless, and shall indemnify/reimburse the Bank, from any and all claims, liabilities, costs, payments, damages and expenses, arising out of or in connection with any payments made by me through this Bills Payment Facility, including, but not limited to, payments which I may make by mistake or on overdue or past due accounts or for any payment contrary to the requirements stated in the paragraphs above, such as, payments despite service disconnection, termination of contract, lapse of policy and/or the like. I shall also hold the Bank free and harmless, and shall indemnify/reimburse the Bank, from any and all claims, liabilities, costs, payments, damages and expenses, arising out of or in connection with any failure by the Bank to process my requests for payment when such request does not comply with the Bank’s requirements as stated above.
4.5 OTHER SPECIAL SERVICES
4.5.1 l understand that I may be able to make other service requests and inquiries through BanKo Internet Banking Services (the “Special Services”), such as but not limited to, Address Change, Application Status Inquiries, ATM and Credit Card – related Requests and Inquiries, Loan Services Inquiries, Remittance – related Inquiries and Enrollment Procedures Inquiries.
4.5.2 I understand that these Special Services will be received by the Bank electronically and as such, are subject to a varying processing time.
4.5.3 In availing of the BanKo Internet Banking Services by downloading the BanKo Mobile App and registering my mobile number, I agree that I am consenting and allowing the Bank to send me risk-related, service-related, critical non-marketing announcements through the said BanKo Mobile App. I understand that I may also enable receiving marketing and/or value-added push notifications in the BanKo Mobile App. If enabled, I authorize the Bank to send me notifications and announcements even when the BanKo Mobile App is installed but not launched on my mobile phone. I also understand that the Bank may send me location-specific notifications for such marketing and/or value-added services.
4.5.4 I shall not hold the Bank liable for any and all announcements and/or push notififations I may or may not receive even when I have downloaded the BanKo Mobile App and enabled the push notifications.
4.6 NEW SERVICES
New services may be introduced by the Bank as part of the BanKo Internet Banking Services, from time to time, and I will be notified of these new services. By using such new services when they become available, I agree to be bound by the rules that will be made available to me concerning these services.
4.7 CUSTOMER SERVICE AND COMPLAINTS
4.7.1 l can file requests and complaints through the following Bank’s facilities/channels:
i. Customer Service Hotline;
ii.Electronic Mail (E-mail);
iii.Request and Complaints forms in the Bank’s website;
iv.BanKo branches;
However, for urgent concerns or those that may require immediate attention, I shall not rely on Electronic Mail or forms in the BanKo Website but instead, I shall immediately call the Bank’s 24-hour Customer Service Hotline at [please supply] (if via landline in the Philippines), [please supply] (if via landline from a foreign country), or [please supply] (if via mobile phone within the Philippines).
4.7.2 l understand that the Bank may change such official facilities and channels from time to time.
I undertake to make myself apprised and updated regarding the Bank’s announcements of changes in the Bank’s official facilities and channels, as the same may change from time to time, as well as regarding the Bank’s announcements on online security.
4.7.3 In the event that I receive communication purporting to be that of the Bank originating from an unofficial hotline number, e-mail address, and/or website, I hereby agree to protect myself from any such phishing attempt by any such entity disguising as the Bank in such unofficial communication, to obtain from me sensitive information such as usernames, passwords, and credit card details. I shall also remain vigilant against other cyber attacks that make unauthorized use of the Bank’s logo and/or trade name. I undertake to report any such suspected activity to the Bank immediately.
4.7.41 hereby agree to hold the Bank free and harmless, and to indemnify/reimburse the Bank, from any and all claims, liabilities, costs, payments, damages and expenses, arising from or in connection with my failure to keep myself updated with such valid facilities and channels, as well as my disclosure of any or all of my confidential and/or personal information to any entity other than the Bank, even if such entity makes an unauthorized use of the Bank’s logo and/or trade name.
4.7.5 l agree to provide the Bank with necessary information to be used for the investigation and resolution of my requests and complaints. The Bank shall provide me with the prescribed processing time to resolve a complaint and, if necessary and practicable, provide updates on a regular basis.
4.7.6 l agree that I shall not rely on e-mail communications if I need to communicate with the Bank immediately for whatever urgent purpose, such as but not limited to, the reporting of my lost or stolen credit/ATM card, or any unauthorized transaction in one of my accounts. In any of these or similar instances, I shall call the Bank’s Customer Service Hotline to report my concern.
4.7.71 agree that the Bank may respond to me by e-mail with regard to any matter related to the BanKo Internet Banking Services. In accordance with Section 3.1 herein, I understand that the Bank does not need to ask me for my Password and I shall not disclose my Password to the Bank even if I believe the Bank is asking me to do so via e-mail.
4.7.81 hereby authorize the Bank to send me promotional offers, advertisements, surveys or such other similar programs of the Bank, its affiliates, and partner institutions, by communicating to me in writing, by e-mail to my registered e-mail address, by facsimile transmission, by short messaging service (SMS) to my Registered Mobile Number, or by such other electronic transmission which the Bank considers appropriate and effective, including through the Bank’s channels or any one of them, such as by posting in the Bank’s website.
5. OTHER AGREEMENTS
5.1 l agree to hold the Bank, its parent, Bank of the Philippine Islands (“BP|”), BPI’s subsidiaries and affiliates (the “BP| Group of Companies”), including any of their respective directors, officers, agents and representatives, free and harmless, and to indemnify them from any and all liabilities, claims, damages, suits of whatever nature, arising out of or in connection with the implementation of this Agreement and/or my availment of the BanKo Internet Banking Services, including, but not limited to, any and all errors inadvertently committed, any computer-related errors resulting in the Bank’s failure to effect any account balance request, fund transfer transaction, bills payment transaction, and/or other services, as well as, on account of any transaction that I may undertake via the BanKo Internet Banking Services. The Bank shall not be liable for any losses resulting from circumstances over which the Bank has no direct control, including, but not limited to, the linking of my internet-enabled mobile phone, unauthorized access to any OTP sent to my Registered Mobile Number, my disclosure of my personal information, Username, Password, and/or OTP to other persons – regardless of whether such disclosure was intentional or inadvertent, the failure of electronic or mechanical equipment or communication lines or other interconnection problems, system downtime, severe weather, earthquakes, floods, fire or other such other similar events.
5.2 I agree that any and all transactions involving the transfer of my funds from any of my Registered BanKo Account/s through the BanKo Internet Banking Services, including the use of the Funds Transfer Facility and the Bills Payment Facility, as well as, such transfer/s authorized through BanKo Online Partner/s, shall be deemed a “withdrawal” from such Enrolled BanKo Account/s.
5.3 All terms and conditions of the Bank insofar as not inconsistent herewith shall remain in full force and effect.
5.4 l agree that where particular transactions, products and services are subject to specific terms and conditions agreed upon between me and the Bank, insofar as not inconsistent herewith, or that are applicable thereto from time to time, such terms and conditions shall take precedence.
5.5 For “AND/OR” joint accounts, it is hereby understood and agreed that all transactions to be made by any one of us via the BanKo Internet Banking Services are deemed done with the consent of all the co-depositors.
5.6 This Agreement shall be governed by all applicable rules and regulations of the Bangko Sentral ng Pilipinas (BSP).
5.7 I agree that the Bank may in the future impose charges for the services contemplated under this Agreement within legal and regulatory limits and I hereby authorize the Bank to impose the said charges accordingly whenever | avail of such services.
5.8 My enrollment in BanKo Internet Banking Services shall be effective upon receipt of the Bank’s confirmation of the activation of my accounts in Internet or Mobile Banking and shall remain in full force and effect until you receive from me a written notice of its termination. The Bank may, however, at any time, suspend or terminate my use of any of the BanKo Internet Banking Services, or this Agreement, without my consent and without prior written notice.
5.9 The Bank may, from time to time, modify, amend, or revise this Agreement or any of the terms and conditions applicable to any of the services provided through BanKo Internet Banking Services. I shall be notified of any such modification, amendment, or revision via mail, e-mail, posting on the Bank’s website, or by such other electronic transmission which the Bank, at its option, considers appropriate and effective. Any such modification, amendment, or revision shall be binding upon me on the date of effectivity specified in the notice. Continued use of any of the services and facilities offered by the Bank under the BanKo Internet Banking Services thereafter will constitute my acceptance of the modifications, amendment, or revisions of this Agreement or any of the terms and conditions applicable to any of the services provided through BanKo Internet Banking Services.
5.10 The Bank may send any notice or communication to me via mail, electronic mail, facsimile transmission, short messaging service (SMS), other Bank channels or any one of them, including posting on the Bank’s website, or by such other electronic transmission which the Bank, at its option, considers appropriate and effective.
5.11 I further agree to be bound, where applicable, by the Terms and Conditions of BPI DIRECT BANKO, INC governing PRODUCTS, SERVICES, FACILITIES, AND CHANNELS, as well as, other terms and conditions implemented by the Bank in relation to its products and/or services.
5.12 All Intellectual Property Rights arising from or in connection with the BanKo Internet Banking Services are owned by the Bank or the relevant third party. I agree not to do any act or thing inconsistent with the Bank’s or such third party’s ownership of the Intellectual Property Rights. In the event of any infringement or suspected infringement of the Bank’s or such third party’s Intellectual Property Rights, I agree to notify the Bank thereof and shall take such reasonable action as the Bank shall direct in relation to such infringement.
6. BANKO ONLINE PARTNERS
6.1 l understand that I may avail of a service offered by a BanKo Online Partner through such third party’s website/mobile app.
6.2 I may be required to authorize my availment of such service by being redirected by the BanKo Online Partner’s website/mobile app to BanKo’s Authorization page, where I will be required to verify my identity via Username and Password.
6.3 Prior to availing of such service, I confirm that I have checked the inclusion of such BanKo Online Partner among the list of recognized BanKo Online Partners posted in the BanKo Website/BanKo Mobile App.
6.4 Should such service offered by the BanKo Online Partner involve the transfer of money from any of my Enrolled BanKo Account/s, I agree that such transfer shall be subject to the limitations, terms and conditions contained in this Agreement.
6.5 l agree that all sensitive transactions originating from the BanKo Online Partner website/ mobile app involving the use of my BanKo Account will be subject to additional security measures imposed by the Bank, including, but not limited to, the use of my Username, Password, and a OneTime PIN to authenticate the transaction. I further agree to assume full responsibility for said transactions, which, upon use of my Login Credentials, shall be conclusively presumed to be done by me or authorized by me.
6.6 l understand that the BanKo Online Partner is an independent third party, and nothing contained in this Agreement shall be deemed to create any association, partnership, joint venture, or relationship of principal and agent, or master and servant, or employer and employee between such BanKo Online Partner, on the one hand, and the Bank or any of the members of the BPI Group of Companies, on the other. Pursuant thereto, I shall not hold the Bank liable for any and all claims, liabilities, costs, payments, damages and expenses, arising out of or in connection with any transaction made by me through the BanKo Online Partner’s website/mobile app.
6.7. Any discrepancy between the billing amount and the paid amount and/or any other transaction details shall be resolved between me and the BanKo Online Partner directly. The Bank shall not be held responsible for any such discrepancy.
6.8 l will not hold the Bank liable for all other transactions made through my BanKo Online Partner account not involving my BanKo Account. All other transfers and purchases made and authorized without the use of BanKo Internet Banking Services Login Credentials, i.e., through my Username and Password and the Bank’s OTP, are the sole responsibility of the BanKo Online Partner.
7. DISCLAIMER OF WARRANTIES
7.1 To the full extent allowed by applicable laws, all warranties, whether express or implied by law or statute, are excluded from this Agreement. The Bank does not represent or warrant to me that the BanKo Internet Banking Services: (i) will meet all my requirements; and (ii) will be uninterrupted, timely, secure, or free from error.
7.2 While the Bank has exhausted all efforts to design for and test the BanKo Internet Banking Services and BanKo Mobile App on most browsers, devices, and operating systems, it does not guarantee that the BanKo Website and BanKo Mobile App will work or be compatible with all browsers, devices, or operating systems.
8. LIMITATION OF LIABILITY
To the full extent allowed by applicable laws, the Bank shall not be liable to me for any special, consequential, indirect, incidental or punitive damages (or any loss of actual or anticipated revenue or profits) arising out of or connection with this Agreement or its termination, and irrespective of whether I have advised the Bank of the possibility of any such loss or damage.
9. NOMINATION/ENROLLMENT OF ACCOUNTS FOR INTERNET BANKING SERVICES
It is understood that I personally nominated and registered each and every bank account that I indicated in the enrollment form, as well as any of my other bank accounts enrolled by the Bank pursuant to Section 2.4, and that I request that these accounts be given the functionalities of BanKo Internet Banking Services.
10. OTHER INTERNET-BASED SERVICES OF THE BPI GROUP OF COMPANIES
10.1 l understand that the BanKo Internet Banking Services may now, or in the future, provide other internet-based services pertaining to other members of the BPI Group of Companies which I may desire to avail.
10.2 By registering to avail of such internet-based services and subsequently availing of such other internet-based services, I hereby likewise agree to be governed by the respective terms and conditions of the specific internet-based service availed, including those that may be issued by the other member/s of the BPI Group of Companies offering such service.
11. CONSENT TO PROCESSING OF INFORMATION
Subject to the Section12, the Bank shall keep information relating or pertaining to me including, but not limited to, any information on my accounts, transactions, credit relationships, and/or credit facilities (the “Information”) confidential except that for purposes of this Agreement and in connection with Bank’s and the BPI Group of Companies’ (i) implementation, administration, facilitation and enhancements of their respective products, services, facilities and channels, (ii) pursuit of their respective marketing, promotional, communication, commercial and research objectives, (iii) regular conduct of business, and/or (iii) compliance with the requirements of applicable laws and/or government regulators or supervisory bodies, I consent to the Bank’s, and its directors, officers, employees, advisers, auditors, agents and representatives’ (collectively, the “Bank Representatives”) and the BPI Group of Companies’:
a) collection, use, storage, consolidation and processing (collectively, “process” or “processing”) of Information;
b) outsourcing of the processing of Information to service providers, whether within or outside the Philippines;
c) verification or validation of Information from any and all sources and in any reasonable manner, including but not limited to:
(i) the Bureau of Internal Revenue (BIR) to establish the authenticity of my income tax return (“ITR”) and the accompanying financial statements which I may have submitted to the Bank or any member of the BPl Group of Companies; and
ii) courts or government or administrative agencies or arbitral tribunals on the status of any case or proceeding to which I am a party.
d) disclosure and sharing of Information:
(i) among the Bank and members of the BPI Group of Companies;
(ii) to credit information or investigation companies, credit bureaus (including, but not limited to, the Credit Information Corporation (CIC) pursuant to Republic Act No. 9510 and its implementing rules and regulations), financial institutions, consumer reporting or reference agencies, credit protection provider or guarantee institutions, brokers, insurers, underwriters;
(iii) to any judicial, governmental, supervisory, regulatory or equivalent body of the Philippines or other jurisdictions; such person or entity as required by the laws or regulations of any country with jurisdiction over the affairs or business of the Bank or any member of the BPI Group of Companies; stock exchange on which the shares or other securities of the Bank or any member of the BPI Group of Companies are listed pursuant to its rules;
(iv) to any potential transferee or assignee of the Bank’s rights and/or obligations under the relevant contracts or agreements;
(v) to service providers engaged by the Bank or by any member of the BPI Group of Companies, or to marketing, promotional, network, loyalty program and joint venture partners and other relevant external parties, whether based within or outside the Philippines ( collectively, the “Relevant Parties” ); and
(vi) to such other persons or entities that the Bank or any member of the BPl Group of Companies, may deem necessary or appropriate to facilitate the above-stated purposes or those that may relate to or arise therefrom, as and when required by the circumstances.
The foregoing constitutes my express consent under the applicable confidentiality and data privacy laws of the Philippines and other jurisdiction and agree to hold the Bank, the Bank Representatives, each member of the BPI Group of Companies and the Relevant Parties, free and harmless from any and all liabilities, claims, damages and suits of whatever kind and nature, that may arise in connection with the implementation and compliance with the authorization conferred by me hereunder.
The foregoing consent shall continue for the duration of, and shall survive the termination of, this Agreement.
12. DATA PRIVACY STATEMENT
In the course of providing the services contemplated under these Internet Banking Service Agreement, the Bank will be collecting information (including personal information) relating to me.
The Bank’s Data Privacy Statement explains how BanKo collects, protects, uses, shares and stores the personal information of its clients and is deemed incorporated herein by reference. To learn more about BanKo’s Data Privacy Statement, I may visit BanKo’s website.
I understand that my continued access into BanKo’s network of websites or use of this service will constitute my acceptance of BanKo’s Data Privacy Statement as the same may be revised or updated from time to time.
13. DECLARATION
I hereby declare that: (i) all the statements, information and supporting documents provided by me are true, correct and accurate; (ii) where the information or data provided was collected by me from third party sources, the relevant consent has been secured by me from the relevant parties to whom such information relates; (ili) any material misrepresentations or falsity or omission on my part will be construed as an act to defraud the Bank and may be a ground for the termination of this Agreement, or the cancellation or termination of my access to any of the BanKo Internet Banking Services, without prejudice to such civil and/or criminal liability that the Bank may pursue against me; (iv) the Bank may impose such terms, conditions and requirements as it may deem necessary or proper relative to my availment of any of the BanKo Internet Banking Services; (v) I shall notify the Bank of any material change affecting the information provided by me; and (vi) in using any the BanKo Internet Banking Services, I shall comply with all applicable laws, rules and regulations.
14. GOVERNING LAW AND VENUE
This Agreement shall be governed by and construed in accordance with the laws of the Republic of the Philippines. Any dispute arising hereunder shall be submitted to the exclusive jurisdiction of the proper courts of Makati City, Philippines, to the exclusion of all other venues.
I hereby agree to be governed by the terms and conditions of this INTERNET BANKING SERVICE AGREEMENT. I hereby also acknowledge to have read and fully understood the said terms and conditions.
