This Online Banking Terms and Conditions (the “Online Banking Terms and Conditions” or “Agreement”) sets forth the specific terms and conditions which shall govern my use and operation of the BPI Online Banking Services, as below defined, of Bank of the Philippine Islands (the “Bank”), its website, applications and offerings. By availing of or using the BPI Online Banking Services, I (also referred in this Agreement as the “authorized user” or “client”) agree to be bound by and accept these Online Banking Terms and Conditions.

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:

“Account/s” means the bank account/s of the authorized user that were opened by such user with the Bank of the Philippine Islands (BPI) and/or the BPI Family Savings Bank (BFSB), such as, but not limited to, deposits, BPI Credit Cards, loans, investments and such other account/s, which are made accessible by the Bank to the authorized user through the BPI Online Banking Services.

“Biometric Login” means one of the Bank’s authentication methods and the authorized user’s alternative unique identification in place of the Username and Password, which allows the authorized user to log in to the BPI Mobile app installed in such authorized user’s Linked Device via the authorized user’s biometrics, e.g. 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 Linked Device’s settings.

“BPI Credit Card/s” means any of the following:  BPI Blue Mastercard, BPI Gold Mastercard, BPI e-Credit Mastercard, BPI Edge Mastercard, Petron-BPI Mastercard, BPI Amore Cashback Card, BPI Amore Platinum Cashback Card, Visa Signature Card, Platinum Rewards Mastercard, BPI Corporate Mastercard and such other BPI Credit Cards as the Bank may deem appropriate to include, as the same may be amended or modified by the Bank from time to time, issued for the use of the cardholder and is non-transferable.

“BPI Mobile app” means the software application of the Bank that is designed to run on a smartphone, tablet or such other portable device providing clients and/or authorized users with services similar to those which can be accessed through personal computers.

"BPI Online Banking Services" means any service, financial or otherwise, electronically provided by the Bank through the use of the online banking facility, which may be through the Bank’s official website, mobile app, online partners, and such other online platforms deemed appropriate by the Bank for the purpose.

“BPI Online Partner/s” means individuals or entities contractually authorized, under a duty of confidentiality, to offer the BPI Online Banking Services functions to complement the services in their platforms or applications. An authorized user, with his/her Login Credentials, may avail of the BPI Online Banking Services through the BPI Online Partner's platform or application subject to these Online Banking Terms and Conditions.

 “BPI Website” means the informational website of the Bank < www.bpi.com.ph > where guests can explore and discover the various products, services, facilities and offerings of the Bank, as well as the transactional website of the Bank <online.bpi.com.ph> where authorized users can log in to use and/or access the BPI Online Banking Services.

“Enrolled Account/s” means the authorized user’s Account/s that is/are registered and enrolled by the authorized user in accordance with these Terms and Conditions and forming part of the Account/s which is/are accessible to such authorized user through the BPI Online Banking Services.

“Force Majeure” means circumstances beyond the Bank’s reasonable control, including, without limitation, acts of God, natural disasters, calamities, earthquakes, fire, floods, wars, civil or military disturbances, sabotage, acts of terrorism, terrorist attacks, criminal acts or willful misconduct by any person (other than the Bank’s or its officers or employees), epidemics, pandemic, riots, interruptions, loss or malfunction of utilities or facilities, power outages, electrical or mechanical failure, computer hardware or software failure, system failure or system downtime, network or telecommunication failure, causes or acts attributable to third persons or parties, labor disputes, strikes, walk-outs, riots, lock-outs, rebellion or acts of civil or military authority or governmental actions, and other similar occurrences.

"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 or subsidiary of the Bank or by a third party.

“Linked Device” means an internet-enabled mobile device/s paired with a Username for logging in to the BPI Mobile app. The linking of the mobile device/s of an authorized user with his/her Username is authenticated using the OTP. Mobile device/s may be linked to only one Username at any given time. As such, only the Username linked via OTP to the mobile device/s may log in to the BPI Mobile app installed in the said mobile device/s.

“Login Credentials” means my Username and Password.  

“Mobile Key” means one of the Bank’s authentication methods and the authorized user’s alternative to the OTP to authenticate and authorize online banking transactions, which allows the authorized user to complete his/her transactions using biometrics (fingerprint or facial ID) or a PIN.

“Nominated Account” means any one of the authorized user’s Enrolled Account/s that the authorized user has elected as subject of the specific transaction being processed by the authorized user through the BPI Online Banking Services.

“One-Time PIN” means one of the Bank’s authentication methods and also referred to as the

“OTP”, which 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 online banking facility to directly input the OTP on the space provided therein in order to authorize, confirm and complete the corresponding transaction.

"Password" means a string of special characters, 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 BPI Online Banking Services.

“PIN” means the personal identification number nominated by the authorized user.

“Push notification” means an automated message sent to client’s mobile device which may include announcements, account and transaction notifications, marketing messages and location-based alerts, among others.

“Registered Mobile Number” refers to the mobile number provided by the authorized user to BPI 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 in accordance with the Bank’s information updating guidelines. Any OTP, as defined herein, to be sent by the Bank will be sent to this mobile number. Local and international mobile numbers may be elected as an authorized user’s registered mobile number.

"Username" means a string of special characters, letters, and/or 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 BPI Online Banking Services.

1.2 Headings used herein 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 BPI ONLINE BANKING SERVICES

2.1 The Bank has provided sufficient instructions and/or guidelines on how to use the BPI Online Banking Services under and pursuant to these Online Banking Terms and Conditions and continues to do so through amendments and supplements from time to time, as well as, the Bank’s rules, regulations, and policies, as communicated through the Bank’s announcements, publications and notifications on the BPI Website and/or through Push Notifications. I understand that it is my responsibility to follow the said instructions and/or guidelines and only after understanding and accepting the said instructions and/or guidelines of the Bank may I be eligible to access any of my Enrolled Account/s via the BPI Online Banking Services with the use of an internet-enabled device, such as, (a) the Linked Device for access to the BPI Mobile app and (b) a web browser for access to the BPI Website. I agree to be responsible for any and all adverse consequences of my access and use of an internet connection and/or the internet-enabled device to avail of the BPI Online Banking Services. I hereby hold the Bank free and harmless, and shall indemnify/reimburse the Bank, from any and all claims, liabilities, costs, payments, damages and expenses, arising from or in connection with my access and use of an internet connection and/or the internet-enabled device, including the Linked Device and the web browser.

2.2 Through the BPI Online Banking Services that may be provided by the Bank under this Agreement, I may be able to access any of my Enrolled Account/s through the BPI Website and/or the BPI Mobile app using my Login Credentials or, for the BPI Mobile app, my biometrics, provided that in the latter case, only if and when Biometric Login is available and enabled.

2.3 Although the BPI Online Banking Services are designed to be accessible seven (7) days a week, twenty-four (24) hours a day, I understand and accept that, at certain times, any one, some or all of the BPI Online Banking Services may not be available due to Force Majeure, system maintenance or system downtime. Provided, that scheduled system maintenance shall be priorly announced to the public through the Bank’s official website, news outlets, the Bank’s social media accounts, or any of the Bank’s official communication channels. 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 and shall be published in the Bank’s official website. I agree that the Bank shall in no event be held liable for any delay, non-performance or failure to perform any of its obligations under this Agreement, as well as any and all claims, liabilities, costs, payments, damages and expenses, for reasons due to, arising from or in connection with, directly or indirectly, any such Force Majeure, scheduled and announced system maintenance or system downtime.

For purposes of dating my BPI Online 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 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 I further agree that should I register any of my Accounts as an Enrolled Account, the  Bank, at its option, is authorized to automatically register any and all my other Account/s and  link with the earlier registered Enrolled Account, without need for further authorization or consent on my part. For this purpose, I understand and agree that in addition to the Enrolled Account that I personally registered, such automatically registered Account/s are also deemed Enrolled Account/s that may be automatically viewable whenever BPI Online Banking Services are accessed using my Login Credentials or Biometrics Login. The Bank, however, reserves the right, at its discretion, to require my manual enrollment to the BPI Online Banking Services of my other Account/s, regardless of whether such an Account is linked with any of the existing registered Enrolled Account/s, as it may deem fit and appropriate.

2.5 I agree that by registering and/or enrolling any, some, or all my Account/s to the BPI Online Banking Services, I likewise authorize all other products under my name such as, but not limited to, my BPI / BFSB credit cards and/or loans to be automatically viewable whenever BPI Online Banking Services are accessed using my Login Credentials or Biometrics Login. I represent and warrant to the Bank that, prior to the registration and/or enrollment of any, some or all Account/s to the BPI Online Banking Services, I have obtained the authorizations and consent required by applicable confidentiality and data privacy laws or agreement to enable the Bank to process the registration, enrollment and implementation of any or all of my Account transactions using BPI Online Banking Services. I agree to hold the Bank free and harmless and keep indemnified from any and all liabilities, damages, claims, suits, costs, assessments and expenses arising from or in connection therewith.

The Bank reserves the right, at its sole option and discretion, to require my manual enrollment to the BPI Online Banking Services of select products, services and facilities as it may deem fit and appropriate.

2.6 As 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 BPI Online Banking Services, I agree to immediately update the Bank of any changes to my Registered Mobile Number in accordance with the Bank’s information updating guidelines. I understand and agree that it is my obligation to verify and, if necessary, correct in accordance with the Bank’s established guidelines and procedures 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.

2.7 The Bank reserves the right and is authorized to suspend, terminate, remove, disable or discontinue access to or use of the BPI Online Banking Services (or any part thereof) at any time without prior notice if and when the authorized user (i) violates any of these Terms and Conditions, (ii) violates or fails to comply with applicable laws, rules, policies and regulations; or (iii) if the Bank, at its sole option and discretion, reasonably determines that suspension, termination, removal, disabling or discontinuance of access to or use of any or all of the BPI Online Banking Services is necessary to protect the interests of the Bank, its clients or third parties. In any such event, I agree that the Bank shall in no event be liable to me or any person for any and all claims, liabilities, costs, payments, damages and expenses, arising from or in connection with the suspension, termination, removal, disabling or discontinuance of the BPI Online Banking Services (or any part thereof).

2.8 The Bank reserves the right and is authorized, in its sole discretion, to initiate reversal of a transaction and debit and/or cause the debiting of my Account/s at any time and with notice in case  (i) a deposit, credit or any inward flow of funds appears to be due to an error or mistake; (ii) there is a written claim that said transaction is a result of a fraudulent act and there is reason to believe that such deposit, credit or any inward flow of funds to my Account is attended by error, mistake or is a result of a fraudulent act which I may or may not be a party of; (iii) when the purpose claimed by the person depositing, sending or crediting funds to my Account is contradictory to what I declare and/or have declared as purpose or reason for the deposit or funds transfer; or (iv) such other circumstances or cases analogous or similar to any of the foregoing.

3. USE OF PASSWORD, BIOMETRIC LOGIN AND OTHER AUTHENTICATION METHOD/S

3.1 I agree not to let anyone know of my Password. It is understood that the Password is known only to me and as such, any transaction using my Password shall be binding upon me. 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 acknowledge that such Password shall only be required by the Bank to be keyed in when I use the BPI Mobile app or the BPI Website, and/or whenever I access BPI Online Banking Services using the BPI Mobile app through my Linked Device, the BPI Website and/or BPI Online Partner’s platforms or applications.

3.2 I agree to assume full responsibility for all transactions made in my Enrolled Account/s through the use of my Login Credentials, Biometric Login, and any of the Bank’s authentication method/s. 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 Login Credentials, Biometric Login, and/or any of the Bank’s authentication method/s, including any transactions made in my Enrolled Account/s using such Login Credentials, Biometric Login and/or any of the Bank’s authentication method/s.

3.3 I agree to secure at all times all my Linked Devices and immediately inform the Bank through its established guidelines and procedures if any of those devices are 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 transactions in my Enrolled Account/s via access to the BPI Online Banking Services using my Linked Device.

3.4 If Biometric Login is enabled on my BPI Mobile app, I agree that any biometrics saved in my Linked Device’s settings can be used to access the BPI Online Banking Services and my Enrolled Account/s. I agree to assume full responsibility for all the biometrics enrolled in my Linked Device and for the Linked Device into which my biometrics is saved. I agree that the Bank shall in no event be held liable for any activity and/or transaction made by any person accessing my Linked Device using any of the biometrics saved in my Linked Device’s settings, regardless of whether such activity and/or transaction was authorized by me.

3.5 I 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 BPI Online Banking Services.  Should I determine that my Password has been compromised, I shall immediately change my Password through BPI Online Banking Services’ Password Reset facility and/or immediately inform the Bank through its established guidelines and procedures.

3.6 I agree that the Bank, at its sole discretion, is entitled to act on the instructions received via any and all of the BPI Online Banking Services which the Bank reasonably believes emanated from me by virtue of the use of my Login Credentials, Biometrics Login, and/or any of the Bank’s authentication methods. I further agree that the Bank shall not be liable for acting in accordance with or based on the BPI Online Banking Services requests and/or instructions made through my Login Credentials, Biometric Login, and any of the Bank’s authentication method/s.

4. BPI ONLINE BANKING SERVICES

Subject to these Online Banking Terms and Conditions, I acknowledge the following BPI Online Banking Services, as these may be amended, modified, supplemented or discontinued:

4.1 ACCOUNT BALANCE INQUIRY - I can view the balance of each of my Enrolled Account/s as of the date and time of my inquiry.

4.2 ACCOUNT DETAILS ACCESS – Through the BPI Website and/or the BPI Mobile app, I can access the transactions of my Enrolled Account/s, or download available Statements of Account/s online.

4.3 FUNDS TRANSFER FACILITY – Subject to these Terms and Conditions, I may transfer funds from my Nominated Account to any of the following beneficiary account/s:

i.  any of my other Enrolled Account/s, i.e. those other Accounts under my name that are viewable in My Accounts;

ii. any pre-enrolled BPI / BFSB deposit accounts under another depositor's name that have been enrolled by me as part of my valid beneficiary account/s;
 iii. any BPI / BFSB deposit account indicated as recipient account;

iv. beneficiary account/s maintained with identified (i) local banks; (ii) international banks; or (iii) money service firms and/or institutions;

v. beneficiaries using BPI Online Partners’ platforms/websites/mobile apps.  

In such event, the funds transfer amount including any applicable service fees shall be debited from the Nominated Account specified in the transaction request page and credited to the beneficiary account subject to my election to transfer funds on a real time or on a scheduled basis, as the case may be, provided, that the funds transfer amount including applicable service fees is:

i. Equal to or less than the remaining available balance of the Nominated 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 and/or avail of the Funds Transfer facility within a certain period.

Moreover, I agree that the Bank may likewise set, impose, and collect applicable service fees for the funds transfer transactions and shall form part of the funds to be debited from my Nominated Account and that I will be notified of the changes in service fees through any of the Bank’s official communication channels set out in Section 7.5.

4.3.1 Real time and scheduled funds transfers can originate only from any of my Accounts that are enrolled and linked in my online banking facility.

4.3.2 Should I choose to initiate a real time funds transfer, I may do so by manually electing real time funds transfer on the transfer date, while for scheduled funds transfer, the transfer shall automatically occur on the scheduled date specified in my scheduled funds transfer request   subject to the provisions of Section 4.3.9.

4.3.3 Completed real time funds transfers are reflected immediately in my relevant Accounts. However, the details of transactions will appear in the account history screen on:

4.3.3.1 the next banking day, if my real time funds transfer is received by the Bank before the regular system refresh; or

4.3.3.2 after 1 to 2 banking days, if my real time funds transfer is received by the Bank after the system refresh.

4.3.4 Completed transactions will not be subject to reversal by the Bank. Should there be any     discrepancy/ies and/or errors which I committed in connection with the funds transfer transaction     (such as, but not limited to, incorrect amount or incorrect beneficiary), I agree to coordinate     directly with the beneficiary to settle the amount.

4.3.5 I acknowledge that it is my responsibility to check the correctness of the details of the funds transfer, including the Nominated Account, the amount to be transferred, and the beneficiary account details, before proceeding with my transaction.

4.3.6 I agree to provide complete and accurate information about the intended beneficiary and his/her/its beneficiary bank account details. The Bank shall not be responsible for failed or incorrect transactions resulting from any errors in the information which I provided. For the avoidance of doubt, the Bank is under no obligation to disclose information regarding such beneficiary or the failed transaction related to such beneficiary 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 I understand that the Bank is not a party to whatever agreement between me and the beneficiary in relation to the transfer. I agree to hold the Bank free and harmless and indemnified from any liability arising from or in connection with any such funds transfer made or initiated by me, and will not demand reversal from the Bank for such transfer/s, regardless of whether such transfer/s was/were proven to have been made in bad faith, was/were in any other way inconsistent with the agreement between me and the beneficiary and/or otherwise.

4.3.8 The starting date of scheduled funds transfer should be later than the current calendar date. Scheduled funds transfer cannot start on the calendar date of request. If the transfer must be done on calendar date of request, then I have to perform a real time funds transfer, without prejudice to setting a new scheduled funds transfer for future transfer/s. Any scheduled funds transfer shall cause the amount of funds I indicated to be debited from my Nominated Account and credited to the beneficiary account on the date/s of such future scheduled funds transfer unless falling on a non- banking day.  

4.3.9 For each scheduled funds transfer, I can select one from the list of available frequencies of automated transfer which must not be the current calendar date. When the requested funds transfer date falls on a Saturday, Sunday or holiday, the actual funds transfer date will be the next banking day after such Saturday, Sunday or holiday, provided that such date is not the current calendar date, in which case no further attempt will be made by the Bank to make the transfer.

4.3.10 Only available and withdrawable balances of my Nominated Account shall be considered for funds transfers, both for real time funds transfers and scheduled funds transfers. In case of insufficient funds in my Nominated Account, my funds transfer request on the said date will not push through / will be unsuccessful, and no 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 funds transfer due to insufficiency of funds in my Nominated Account. In all cases, I am responsible for making alternate arrangements for the funds transfer.

4.3.11 In the case of multiple funds transfers coming from a Nominated Account and such account has only enough balance to make some but not all funds transfers, I acknowledge and agree that the Bank’s system shall determine which of my funds transfer requests are to be completed ahead of the other funds transfer requests.

4.3.12 I can edit or cancel my scheduled funds transfer at least one banking day prior to my scheduled funds transfer date through BPI Online Banking Services, subject to these Online Banking Terms and Conditions.

4.3.13 I understand and accept that the Bank may identify other types of Accounts that can be enrolled under the Funds Transfer Facility.

4.3.14 I understand and accept that the Bank may, at its sole discretion, impose limits and restrictions on the currency and amount of the funds that can be transferred via BPI Online Banking Services.

4.3.15 I agree to hold the Bank free and harmless, and shall 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 funds transfer requests and my access and use of the Funds Transfer Facility using my Login Credentials together with any of the Bank’s authentication methods.

4.4 STOP PAYMENT ORDER (SPO) - It is understood that I can request a stop payment through an SPO submitted via the BPI Online Banking Services, subject to the following requirements:

4.4.1 I acknowledge that I can request an SPO of my check before the check has been paid or accepted or certified for payment by giving clear and express instructions through the BPI Online Banking Services. I agree that such SPO, if accepted, is based on the assumption that the check has not yet been negotiated as of the date and time I issued the SPO. I also agree that stale dated checks cannot be subject to an SPO. For purposes of this Agreement, a check is considered a “stale dated check” when it had been issued more than six (6) months prior to the date of the SPO, unless an earlier period had been set by the Bank for such purpose.

4.4.2 I also acknowledge that SPO/s are valid for a period of six (6) months from the date of my filing of the request for such SPO/s through BPI Online Banking Services, unless sooner renewed/extended in writing for another six (6) months. Such renewal/extension shall be effective from the Bank’s receipt of the request for renewal/extension. Lifting of SPO/s can only be made upon my written request if said SPO/s is to be revoked prior to the expiration period.

4.4.3 Issuance of SPO/s may be subject to the payment of applicable fees and charges which may be imposed, revised, and/or changed by the Bank from time to time. Said fees and charges shall be debited from my Checking Account without need demand, notice or consent.

4.4.4 SPO/s initiated after system downtime will be posted the next banking day.

4.4.5 I agree to hold the Bank free and harmless, and shall indemnify/reimburse the Bank, from any and all claims, liabilities costs, payments, damages and expenses, arising from or in connection with (i) the Bank’s implementation of said SPO/s; (ii) its payment of a check proceeds contrary to the request for SPO/s if such payment occurs through inadvertence, accident or system error; (iii) payment by the Bank before the date and time when the SPO was placed; (iv) payment by the Bank before it processes any renewal or extension of the SPO; (v) non-payment by the Bank before its receipt of written request for the lifting of SPO/s; and (vi) payment by the Bank effected over-the-counter under an offline environment even after SPO was issued. It shall be my responsibility to notify the Bank promptly in writing of any change in the conditions which gave rise to my request for SPO/s, together with written instructions on any resultant change to my previous instructions to the Bank.

4.5 CHECKBOOK REORDER FACILITY– Through this Checkbook Reorder Facility, I agree that I can only request up to maximum allowable number of checkbooks within a month through the BPI Online Banking Services.

4.5.1 I agree that all checkbook reorders submitted after 10:00 PM will be considered reorders dated the next banking day.

4.5.2 To confirm receipt of any such request through the BPI Online Banking Services, the Bank will send me a confirmation email to my Registered Email Address.  The Bank shall not have the obligation nor will be held responsible for its failure to comply for whatever reason with any request that is not confirmed by the Bank through a confirmation email.

4.5.3 I agree that the checkbooks I ordered through the BPI Online Banking Services will be claimed from my branch of account during banking hours within the period specified in the transaction page. Further, I agree that a letter of authorization duly signed by me, along with supporting documents as the Bank may require, must be submitted if checkbooks are picked up by my representative.

4.5.4 I agree that my Checking Account will be debited for the cost of the checkbook/s requested for such account without need for further demand, notice or consent.

4.5.5 I 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 from or in connection with the Bank’s implementation of my checkbook reorder/s and/or the release of such checkbook/s to a third party armed with the above-mentioned letter of authorization.

4.6 BILLS PAYMENT FACILITY – Through this Bills Payment Facility, I can request the Bank to debit a specified amount from my Nominated Account for credit to a nominated bills pay merchant or payee.

4.6.1 When availing 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 enroll merchant/s or payee/s through BPI Online Banking Services.  

4.6.2 Payments made through this Bills Payment Facility after system refresh shall be considered as payments on the next banking day.

4.6.3 The Bank shall provide source Account options that the authorized user may elect for a specific transaction under the Bills Payment Facility. The Bank reserves the right to expand or limit the source Account options, at its discretion.

4.6.3.1 Only cleared and withdrawable balances of my Enrolled Account/s shall be available for such payment. In case of insufficient funds in my Nominated Account, my payment request shall not proceed.  

4.6.3.2 If the Nominated Account is a BPI Credit Card account, the following additional rules shall apply:
i. The Bank may use the BPI Credit Card details as part of its transaction authorization process.
ii. Only real time bills payment shall be available.
iii. Only available credit limit shall be available for bills payments. In case of insufficient credit limit, bills payment request may be declined by the Bank.
iv. There are merchants in the Bills Payment Facility that cannot be paid using the BPI Credit Card account. These may include, but are not limited to, quasi-financial and credit card companies.
v. Any payment/transaction is subject to the Terms & Conditions Governing the Issuance and Use of BPI Credit Cards.

4.6.4 Any discrepancy between the billing amount and the paid amount and/or between the customer reference number indicated in my bills pay merchant/payee enrollment and the customer reference number of my actual account with such merchant/payee shall be directly resolved by me and the merchant/payee. The Bank shall not be held responsible for any such discrepancy or dispute. Neither shall the Bank represent either party nor intervene in behalf of either party.

4.6.5 The Bank is authorized to disclose to any of the merchant/s and/or payee/s relevant information pertaining to me, my Account/s, and/or my transactions, as may be necessary for the processing and implementation of my requested transactions under this Bills Payment Facility.

For this purpose, I agree to hold the Bank free and harmless and indemnified from any and all liabilities, claims, demands and suits of whatever nature, arising out of or in connection with the Bank’s disclosure of my Account information, transactions and/or personal information.

4.6.6 Payment shall be for current/due bills only. Except as otherwise agreed in writing by the Bank and the relevant merchants and/or payee/s, 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.

4.6.7 The Bills Payment Facility arrangement between the Bank and any of the merchant/s and/or payees may be cancelled and/or terminated at any time by either party without any written prior notice of such cancellation and/or termination to me.

4.6.8 The Bank may, at its absolute discretion, reverse a bills payment transaction in case of system- related technical issues.

4.6.9 I agree that the Bank may, at its sole discretion, impose limits and restrictions on the currency of the funds that can be paid to a merchant and/or payee through the BPI Online Banking Services.

4.6.10 Payment procedures/stipulations imposed by such merchant/s and/or payees consistent 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 and only in instances where these are applicable. However, the Bank shall not be bound by any such terms and conditions unless otherwise expressly stated by the Bank.

4.6.11 I 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.

4.6.12 It shall be my responsibility to keep myself informed of the terms and conditions governing the merchant/s’ and/or payee/s’ payment requirements, guidelines and procedures, including any amendments, modifications or supplements thereto. The Bank shall not be responsible for delays, loss or damage arising out of circumstances beyond its control. 

4.7 OTHER SERVICES

4.7.1 I understand that I may be able to make other service requests and inquiries through BPI Online Banking Services, such as but not limited to QR code generation, mobile number update, scheduling of branch appointments, debit and credit card - related requests and inquiries, remittance - related inquiries and other non-financial transactions, for as long as any, some or all of these are made available by the Bank through the BPI Online Banking Services (the “Other Services”).

4.7.2 I understand that these Other Services will be received by the Bank electronically and as such, are subject to applicable processing and cut-off times.

4.7.3 In availing of the BPI Online Banking Services by downloading the BPI Mobile app and registering my device as a Linked Device, I agree that I am consenting and allowing the Bank to send me security and service-related announcements through the said BPI Mobile app. I understand that I may also enable or disable receiving marketing and/or value-added Push Notifications in the BPI Mobile app. If enabled, I authorize BPI to send me notifications and announcements even when the BPI 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.

4.7.4 I shall hold the Bank free and harmless from any and all liabilities arising from or in connection with any and all announcements and/or Push Notifications I may or may not receive even when I have downloaded the BPI Mobile app and enabled the Push Notifications.

4.7.5 I fully understand that in the event that I decide to no longer receive Push Notifications from the Bank through the BPI Mobile app, I can disable it anytime via the BPI Mobile app. I acknowledge, however, that by disabling the Push Notification, I may not be able to receive notifications from the Bank related to my Account or transaction and agree to hold the Bank free and harmless therefrom.

4.8 NEW SERVICES

New services may be introduced by the Bank as part of the BPI Online Banking Services, from time to time, and, unless Push Notifications have otherwise been disabled, I will be notified of these new services through any of the Bank’s official communication channels. By using such new services when they become available, I agree to be bound by the applicable terms and conditions concerning these services, which specific terms and conditions, if and when such services are availed, are deemed incorporated herein by reference. The specific terms and conditions are published and are accessible in the information pages of the Bank’s website at www.bpi.com.ph.

4.9 GENERAL TERMS

4.9.1 I agree that any and all transactions involving the transfer of my funds from any of my Enrolled Account/s through the BPI Online Banking Services, including the use of the Funds Transfer Facility and the Bills Payment Facility, as well as, such transfer/s authorized through BPI Online Partner/s, shall be deemed a “withdrawal” from such Enrolled Account/s.

4.9.2 I acknowledge that my enrollment in BPI Online Banking Services shall be effective upon receipt of the Bank's confirmation of the activation of my Accounts in the relevant BPI Online Banking Services. The Bank may, however, at any time, suspend or terminate the use of any of the BPI Online Banking Services, or this Agreement, without my consent and with or without prior notice.

4.9.3  For "AND/OR" joint Accounts, it is hereby understood and agreed that all transactions to be made by any one of us using the BPI Online Banking Services are deemed authorized and implemented with the consent of all my other co-depositors/co-accountholders.

4.9.4 I agree that: (i) the Bank may in the future impose charges for the services contemplated under this Agreement within legal and regulatory limits; (ii) that I will be notified of said charges through any of the Bank’s applicable official communication channels outlined in Section 7.5 hereof; and (iii) that I agree and authorize the Bank to impose the said charges whenever I avail of the Bank’s services.

4.9.5 I agree that I may be charged standard message rates when sending messages to local and international mobile service providers.

4.9.6 I acknowledge and confirm that I personally nominate and enroll each and every Account that I indicate in the BPI Online enrollment form, as well as any of my other Accounts enrolled by the Bank pursuant to Section 2.4, and that I request and authorize that these accounts be given the functionalities of BPI Online Banking Services.

5. BPI ONLINE PARTNERS

5.1 I understand that I may avail of a service offered by a BPI Online Partner thru such third party’s platform / website / mobile app.

5.2 In availing of the BPI Online Partner service through its platform / website / mobile app, I may be required to authorize the use of such service by being redirected to the Bank’s Authorization page, where I will be required to verify my identity using my Login Credentials.

5.3 Prior to availing of the BPI Online Partner service, I confirm that I have checked the inclusion of such BPI Online Partner among the list of recognized BPI Online Partners posted in BPI Website or BPI Mobile app.

5.4 Should such service offered by the BPI Online Partner involve the transfer of funds from any of my Enrolled Account/s, I agree that such transfer shall be subject to the limitations, terms and conditions contained in this Agreement and the limitations set by the BPI Online Partner/s.

5.5 I agree that all sensitive transactions originating from the BPI Online Partner’s platform / website/ mobile app that involve the use of and/or access to my Account will be subject to additional security measures imposed by the Bank, including, but not limited to, the use of my Login Credentials or Mobile Key and a One-Time PIN to authenticate and authorize the transaction. I further agree to assume full responsibility for said transactions, which, upon use of my Login Credentials, Mobile Key and/or OTP, shall be binding upon me.
 
5.6 I understand that the BPI Online Partner is an independent third party and that its platform/website/mobile app is solely under its control and management. 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 BPI 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 agree to hold the Bank free and harmless and indemnified from any and all claims, liabilities, costs, payments, damages and expenses, arising out of or in connection with any transaction made by me through the BPI Online Partner’s platform/website/mobile app.

5.7 Any discrepancy or dispute between the billing amount and the amount paid and/or any other transaction details involving the use or availment of the BPI Online Partner services shall be resolved between me and the BPI Online Partner directly. The Bank shall not be held responsible for any such discrepancy or dispute.

5.8 I hold the Bank free and harmless from any and all liability arising from or in connection with all transactions made through any BPI Online Partner account but which does not involve my Account. All transfers and purchases made and authorized without the use of BPI Online Banking Services’ Login Credentials, Mobile Key and the Bank’s OTP, are the sole responsibility of the BPI Online Partner.

5.9 It shall be my responsibility to keep myself informed of the terms and conditions governing the BPI Online Partner’s payment requirements, guidelines and procedures, including any amendments, modifications or supplements thereto, and the Bank is it not obligated to inform me of any such amendments, modifications or supplements. The Bank shall not be responsible for delays, loss or damage arising out of circumstances beyond its control.

6. CUSTOMER SERVICE AND COMPLAINTS

6.1 I can file requests and complaints through the following Bank's facilities/channels:

i. BPI Website

ii. 24-Hour BPI Contact Center;

iii. BPI and BPI Family Savings Bank branches

However, for urgent concerns or those that may require immediate attention, I shall not rely on electronic mail or forms in BPI Website but instead, I shall immediately call the Bank's 24-hour BPI Contact Center at 889-10000 (if via landline in the Philippines), or +632 889-10000 or 02 889-10000 (if via mobile phone within the Philippines) or via the Bank’s international toll-free numbers.

6.2 I 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.

6.3  I 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/debit card, unauthorized transaction in one of my Accounts, or the issuance of a stop payment order for a range of check numbers. In any of these or similar instances, I shall call the Bank’s 24-hour BPI Contact Center to report my concern.

6.4  I understand that the Bank may change the official facilities and channels provided in Section 6.1 from time to time. I undertake to keep 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.

7. COMMUNICATION TO AND FROM THE BANK

7.1 In the event that I receive communication purporting to be from the Bank but originates from an unofficial number, e-mail address, and/or website, I hereby agree to protect myself from any such phishing attempt to obtain my personal and Account information, such as my Login Credentials, authentication information, and other BPI Account details, by any such entity disguising as the Bank in such unofficial communication. I shall also remain vigilant against other cyberattacks that may appear to make unauthorized use of the Bank’s logo and/or tradename. I undertake to report any such suspected activity to the Bank immediately. In accordance with Section 3.1 herein, I acknowledge that the Bank does not need to ask me for my Password and/or OTP and I shall not disclose my Password and OTP to the Bank even if I believe the Bank is asking me to do so via e-mail or any other form of communication.

7.2 I hereby agree to hold the Bank free and harmless, and shall 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 the Bank’s official facilities and channels, as well as, my disclosure of any or all of my personal and/or Account information to any entity other than the Bank, even if such entity makes an unauthorized use of the Bank’s logo and/or tradename.

7.3 I agree that the Bank may respond to me by e-mail on any matter related to the BPI Online Banking Services using my e-mail address registered with the Bank. I am aware of the possible risks involved in connection with the giving and receiving of notices and other communication via e-mail. Such e-mail could be transmitted improperly or may never reach me or may become known to third parties thus losing their confidential nature. The Bank accepts no responsibility for the occurrence of any such circumstances or for any action, claim, loss, damage or cost arising or incurred by me as a result of or in connection with any such circumstances.  I shall be solely responsible for making my own independent appraisal and assessment of any possible risks in relation to the giving and receiving of notices and communication via e-mail. 

7.4 I hereby authorize the Bank to send me promotional offers, advertisements, surveys or such other similar programs of the Bank, its subsidiaries, affiliates and partner institutions, by communicating to me in writing, or by e-mail to my registered e-mail address, or by short messaging service (SMS) to my Registered Mobile Number, or by such other electronic transmission which the Bank, at its option, considers appropriate and effective, or through the Bank channels or any one of them including posting in the Bank’s website.

7.5 The Bank may send any notice or communication to me via mail, electronic mail, short messaging service (SMS), other Bank channels or any one of them, including posting on the BPI Website, BPI Mobile app or by such other electronic transmission or use of an electronic platform which the Bank, at its option, considers appropriate and effective, any of which mode of communication or transmission when sent shall be valid and effective notice to me.

7.6 If using a US or Canada mobile carrier as my Registered Mobile Number, I agree that I may receive SMS notifications and alerts from BPI Online (67665) in order for my Online transactions to push through. For HELP or to STOP receiving SMS notifications, I shall immediately call the Bank via its 24-hour BPI Contact Center at 889-10000 (if using landline in the Philippines) or +632 889-10000 or 02 889-10000 (if using mobile phone within the Philippines), or the Bank’s international toll-free numbers.

8. OTHER AGREEMENTS

8.1 I 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, such terms and conditions are made integral parts of this Agreement by reference and shall likewise be resorted to in instances where they are applicable.

8.2 I further agree to be bound, where applicable, by the Terms and Conditions of the Bank of the Philippine Islands governing PRODUCTS, SERVICES, FACILITIES, AND CHANNELS including any amendments or supplements thereto, as well as, other terms and conditions implemented by the Bank in relation to its products and/or services.

8.3 This Agreement shall be governed by all applicable rules and regulations of the Bangko Sentral ng Pilipinas (BSP). https://www.bsp.gov.ph

9. AMENDMENTS

The Bank may modify, amend or revise this Agreement or any of the terms and conditions applicable to any of the services provided through BPI Online Banking Services from time to time. I shall be notified of any such modification, amendment or revision via mail, e-mail, posting on the Bank’s website, BPI Mobile app or by such other electronic transmission or use of an electronic platform which the Bank, at its option, considers appropriate and effective.  Any such modification, amendment or revision shall be valid and binding upon me on the date of effectivity specified in the notice. My continued use and/or availment of any of the services and facilities offered by the Bank under the BPI Online Banking Services thereafter will constitute my acceptance of the modifications, amendments or revisions to this Agreement or any of the terms and conditions applicable to any of the services provided through BPI Online Banking Services.

10. INTELLECTUAL PROPERTY RIGHTS

All Intellectual Property Rights arising from or in connection with the BPI Online Banking Services are owned by the Bank or licensed from a 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. I agree not to engage in any activity or commit any act, directly or indirectly, that may contest, dispute, or otherwise impair the Intellectual Property Rights of the Bank (or its licensors).

11. DISCLAIMER OF WARRANTIES

11.1 To the full extent allowed by applicable laws, all warranties, whether express or implied by law or statute, are excluded from this Agreement, including, but not limited to, any implied warranties of merchantability, title, fitness for a particular purpose, and non-infringement. The Bank does not represent or warrant to me that the BPI Online Banking Services will meet all my requirements, will be uninterrupted, timely, secure or free from error, will function to meet authorized user’s requirements, and will be compatible with future products or services of the Bank. Access to the BPI Online Banking Services is provided as is.  

11.2 While the Bank has used commercially reasonable efforts to design for and test the BPI Online Banking Services and BPI Mobile app on most browsers, devices, and operating systems, it does not guarantee that the BPI Website and BPI Mobile app will work or be compatible on all browsers, devices, or operating systems.

12. INDEMNIFICATION & LIMITATION OF LIABILITY

12.1 I agree to hold the Bank and its subsidiaries and affiliates, successors and assigns (the “BPI Group of Companies”), including any of their respective directors, officers, agents and representatives, free and harmless, as well as 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 BPI Online Banking Services, including, but not limited to, the Bank’s failure to effect any Account balance request, funds transfer transaction, bills payment transaction, stop payment order request, and/or checkbook reorder request, and/or such other services, as well as, on account of any transaction that I may undertake using the BPI Online Banking Services unless the loss or damage I actually incurred is solely and directly caused by the gross negligence or willful misconduct of the Bank.

12.2 The Bank shall not be liable for any losses or damages resulting from circumstances over which the Bank has no direct control, including, but not limited to, my linking of my Linked Device, unauthorized access to any OTP sent to my Registered Mobile Number, my disclosure of my personal information, Login Credentials, Mobile Key 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, pandemics, epidemics, government actions, severe weather, earthquakes, floods, fire or other such other similar events.

12.3 To the full extent allowed by applicable laws, the Bank shall not be liable to me for any special, consequential, indirect, exemplary, incidental or punitive damages, including but not limited to lost profits or actual or anticipated revenue, lost opportunities and business interruption, howsoever caused, whether under a theory of contract, warranty, tort (including negligence), product liability, or otherwise, arising out of or in 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.

13. OTHER INTERNET-BASED SERVICES OF THE BPI GROUP OF COMPANIES

13.1 I understand that the BPI Online 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.

13.2 By applying for registration 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.

14. CONSENT TO PROCESSING OF INFORMATION

I acknowledge and agree that updated information relating to me, my transactions, business and credit relationships, Account information or records, provided by me or made available to or in the possession of the Bank or any member of the BPI Group of Companies (collectively, the “Information”) may be collected, obtained, used, stored, consolidated, processed, profiled, benchmarked, disclosed, and shared to by the Bank or any member of the BPI Group of Companies, or by and between the Bank and another member of the BPI Group of Companies, or by and among the Bank and other members of the BPI Group of Companies, for any or all of the following (the “Purposes”):

1. To approve, manage, facilitate, administer, implement, and provide the products, services, transactions, and facilities availed of and/or selected by me;

2. To comply (i) with the Bank’s and/or the relevant member of the BPI Group of Companies’ operational, audit, administrative, credit and risk management processes, policies and procedures, (ii) this Agreement, (iii) the Bangko Sentral ng Pilipinas’ rules and regulations, and (iv) legal and regulatory requirements of government regulators, judicial or supervisory bodies, tax authorities or courts of competent jurisdiction, as the same may be amended or supplemented from time to time;

3. To comply with applicable laws of the Philippines and those of other jurisdictions including the United States Foreign Account Tax Compliance Act (FATCA), the laws on the prevention of money laundering and terrorism activities, and the implementation of know your customer and sanction screening checks;

4. To develop and enhance the product, business and customer offerings of the Bank and/or any member of the BPI Group of Companies, which may include the conduct of product, system, statistical or business analysis, surveys, schemes, profiling, benchmarking, planning and research;

5. To pursue marketing, sales, promotional, advertising, and business initiatives (the “Marketing Initiatives”), which may include  the development, formulation, dissemination, distribution and rollout of Marketing Initiatives information, materials, documents or brochures, relating to the products, services, events, promotions, programs, and offers, of the Bank or of any member of the BPI Group of Companies or by third parties with which the Bank or any member of the BPI Group of Companies, under a duty of confidentiality, has contracted with (the “Program Partners”), whether  such Marketing Initiative is undertaken individually by the Bank or by any member of the BPI Group of Companies or pursued together with any member of the BPI Group of Companies or with Program Partners under a joint venture initiative, servicing agreement, cross-selling arrangement,  loyalty or promo program or any project undertaking on a collective or tie-up basis;

For purposes of this Agreement, “BPI Group of Companies” means, collectively, the Bank and its direct and indirect subsidiaries and affiliates, such as, but not limited to, BPI Family Savings Bank, Inc. (BFSB), BPI Direct Banko, Inc., BPI Capital Corporation, BPI Asset Management and Trust Corporation, BPI/MS Insurance Corporation, BPI Century Tokyo Lease & Finance Corporation, BPI Century Tokyo Rental Corporation, and BPI Securities Corporation.

6. In compliance with regulatory requirements, to verify or validate my Information in any reasonable manner from any and all sources including (but not limited to) the (i) Bureau of Internal Revenue (BIR) to establish the authenticity of my income tax return which I submitted to the Bank or any member of the BPI Group of Companies, or (ii) courts, government agencies or arbitral tribunals on the status of any case or proceeding to which I may be a party;

7. To carry out, fulfill and complete the transactions authorized by me in connection with the Bank’s performance of the services, facilities and channels contemplated under this Agreement.

Pursuant to the relevant Purpose(s), the Bank may share and disclose my Information, whether within or outside the Philippines, under a duty of confidentiality:

i. to any other member of the BPI Group of Companies;
ii. to the Bank’s directors, officers, employees, professional advisers, legal counsels, auditors, agents, representatives, service providers, and third parties providing services to the Bank on a “need to know” basis;
iii. to merchants and promotional, network, loyalty program and joint venture partners, and their respective service providers, in order to carry out, fulfill and/or complete the transactions authorized by me;
iv. to credit information companies, credit bureaus, the Credit Information Corporation (CIC) (pursuant to RA No. 9510 and its implementing rules and regulations), financial institutions, banking, and credit industry associations, credit protection provider or guarantee institutions, brokers, insurers, and underwriters, in relation to my availment of the products, services and facilities of the Bank (collectively, the “Credit Entities”);
v. to any judicial, governmental, regulatory or supervisory body of the Philippines or those of other jurisdictions, including exchange of information among tax authorities in compliance with FATCA, as the same may be amended or supplemented from time to time;
vi. to any potential transferee or assignee of the Bank’s rights and/or obligations under the relevant contracts or agreements or in connection with any sale, acquisition, merger or consolidation of any member of the BPI Group of Companies;
vii. to representatives, agents or service providers engaged by the Bank or by any member of the BPI Group of Companies to perform (whether within or outside the Philippines) data processing, collection, consolidation, storage and such other services in connection with the products, services, and facilities availed of by me (the “Outsourced Service Providers”);
viii. to representatives, agents or service providers engaged by the Bank, or by any member of the BPI Group of Companies or by Program Partners, in connection with the Marketing Initiatives; and,
ix. to such other persons or entities that the Bank or any member of the BPI Group of Companies or the Credit Entities, if applicable, or the Outsourced Service Providers may engage or contract with to facilitate or carry out any or all of the foregoing Purposes.

The foregoing constitutes my express consent and waiver under the applicable bank secrecy, confidentiality and data privacy laws of the Philippines and other jurisdictions and I agree to hold BPI, each member of the BPI Group of Companies, and their respective directors, officers, employees, authorized representatives, agents and service providers free and harmless from any and all liabilities, claims, damages, suits, costs, and expenses resulting from or in connection with the implementation of the Purposes and authorities conferred under this Agreement.

For the avoidance of doubt, to the extent that applicable confidentiality, bank secrecy or other laws impose non-disclosure requirements on certain relevant information but permits a party to waive such requirements by written consent, the express consent provided herein shall constitute my written consent and waiver for purposes of such applicable laws. Any agreement between me and the Bank or any member of the BPI Group of Companies to maintain confidentiality of information shall continue to be observed to the extent that such agreement is not otherwise inconsistent with the consent to disclosure of Information authorized under this Agreement.

15. DATA PRIVACY STATEMENT

15.1 In the course of providing the services contemplated under this Agreement, the Bank will be collecting information (including personal information) relating to me. The Bank’s Data Privacy Statement explains how the Bank collects, protects, uses, shares and stores my personal information and is deemed incorporated herein by reference. To learn more about the Bank’s Data Privacy Statement, I may visit the Bank’s Website.

15.2 I understand that my continued access into the Bank's network of websites or use of this service will constitute my acceptance of the BPI Data Privacy Statement as the same may be revised or updated from time to time.

16. DECLARATION

I hereby declare that: (i) all the statements, information and supporting documents provided by me are true, correct, accurate and updated; (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; (iii) 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 BPI Online 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 BPI Online Banking Services; (v) I shall notify the Bank of any material change affecting the information provided by me; and (vi) in using any the BPI Online Banking Services, I shall comply with all applicable laws, rules and regulations.

17. 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.

BPI is regulated by Bangko Sentral ng Pilipinas. https://www.bsp.gov.ph

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