Other Debit Cards Terms and Conditions
The following Terms and Conditions on Debit Cards shall be known as the BPI Debit Card Agreement.
The term “BPI” shall refer to Bank of the Philippine Islands and the term “Bank” shall refer to, as may be applicable, any of BPI or BPI Family Savings Bank, Inc., or any member of the BPI Group of Companies which is a banking institution where you maintain one or more deposit account(s) with.
The terms “you” and/or “your” shall refer to the depositor or accountholder who maintains one or more deposit account(s) with a banking institution within the BPI Group of Companies and is issued a Debit Card pursuant to and in accordance with the terms of this BPI Debit Card Agreement.
The term “Branch” refers to a branch of the applicable Bank where you maintain one or more deposit account(s).
The terms “Account” or “Accounts” shall refer to your one or more deposit account(s) maintained with banking institutions within the BPI Group of Companies.
1. Issuance of Debit Cards – You may be issued, at the sole discretion of the Bank, Debit Cards which you may use to access your Account(s) through the Bank’s or its affiliated ATMs or Point-of-Sale terminals / networks and effect such permitted transactions in relation therewith. You agree to sign the Debit Card promptly upon receipt thereof and to keep the Debit Card secure at all times.
2. Ownership of Debit Cards – Debit Cards shall remain the property of BPI at all times. Each Debit Card issued shall be for your exclusive use and is not transferrable. You agree that BPI may, at its sole discretion, suspend, block, terminate or cancel the Debit Card at any time for any reason, with or without need of prior notice to you. Upon BPI’s request, you agree to surrender the Debit Card to BPI immediately. You agree that BPI and the Bank shall not be liable for the suspension, blocking, termination or cancellation of the Debit Card.
3. Joint Account Cards – If any Account is in the name of more than one person, the Bank may issue Debit Cards to some or all of you. In such cases, the Bank may implement / transfer debit instructions for such Accounts which are received from any one of you using any of the Debit Cards issued even though the joint account instructions are different, or terminated, until all Debit Cards issued to all of you have been returned to the Bank.
4. Report of Lost, Stolen or Damaged Debit Cards – You agree and undertake to keep your Debit Card in a secure place at all times and to exercise due caution to prevent its loss, theft, misuse or any fraudulent or unauthorized use. You will immediately call our 24-hour BPI Contact Center at 889-10000 or its Domestic Toll Free hotline at 1-800-188-89100, or send BPI a message through https://www.bpi.com.ph/contactus or submit a written report to any Branch on the loss, theft or damage of any Debit Card issued to you, giving details of the place, date, time, and circumstances of the incident and the last transaction(s) made prior to the loss, theft or damage of your card.
Debit Cards that are captured for any reason in any ATM may be considered lost and must likewise be reported promptly. Captured cards may be claimed at the Branch servicing the ATM where it was captured. A proof of identification must be presented when claiming the card. Captured cards retrieved from the ATM shall be destroyed after two (2) calendar days from its retrieval.
Any loss incurred due to withdrawal/purchase/transfer of funds using any lost, stolen or damaged Debit Card prior to receipt by BPI of such call through our 24-hour BPI Contact Cener at 889-10000 or its Domestic Toll Free hotline at 1-800-188-89100, or send BPI a message through https://www.bpi.com.ph/contactus, or prior to receipt by the Branch of such written report, shall be for your account. Prior to receipt of such report by BPI or the Bank, you expressly agree that you will be held liable for all transactions and charges made or incurred from the use of the lost or stolen Debit Card even if said transactions were made without your knowledge or authority. BPI, the Bank, and its network and merchant partners shall be rendered free and harmless from any and all liabilities, claims, damages, and costs arising from the fraudulent or unauthorized use of your Debit Card. You acknowledge that the Bank has no obligation to issue a replacement Debit Card to you following the loss, theft or damage of the Debit Card originally issued to you. However, in case of lost, stolen or damaged Debit Card, a fee shall be charged if you request for a card replacement.
5. Personal Identification Number (PIN) – You acknowledge that withdrawals / purchases / inquiries on your Account through the ATMS or POS can be made only by using a valid Debit Card together with your correct Personal Identification Number (PIN). A card is valid when it has the correct Card Verification Code (CVC), Joint Account Indicator (JAI), and Sequence Number. You likewise acknowledge that you were provided a temporary Initiating PIN together with the Debit Card. This Initiating PIN will allow you to nominate your own personalized PIN on your very first ATM transaction. You further acknowledge that the Initiating PIN will not allow you to do any withdrawal / purchase transactions on your Account from any ATM or POS. Full access to your Account may only be made with your personalized PIN.
You agree to personally nominate your own PIN promptly upon release of the Debit Card and its Initiating PIN. You acknowledge that failing to nominate your own PIN within two banking days from the date of the Debit Card release shall automatically deactivate the Debit Card’s operating status, and in such case you are required to personally request any Branch to have the Debit Card reactivated. You acknowledge that your personalized PIN is known only by you, not by anyone else, nor by the Bank.
You are required to keep your PIN confidential at all times. For your own protection, you agree never to disclose your PIN to anyone. You shall in all circumstances accept full responsibility for all transactions processed through the use of the Debit Card and the PIN whether or not the transactions were made with your knowledge or your authority. You shall hold the Bank free and harmless from any and all losses, damages or liabilities you shall suffer as a consequence or result of your disclosure of your PIN.
6. Express Payment System (EPS) – The Debit Card allows you to use the facility known as the “Express Payment System” (EPS) for payment of goods and services purchased from participating merchants. Whenever the Debit Card is used to make payments through the EPS facility, you must key in your PIN and retain the cardholder’s copy of the transaction slip. The purchased amount is automatically debited from your Account through POS. The Bank shall not be responsible/liable to you, if, for any reason(s), your Debit Card is not honored by the merchant. You should always carry an alternative payment method and not solely rely on the card to process payment of goods and/or services purchased. Dishonor of the Debit Card by the merchant for any reason shall not give rise to any claim against the Bank. You agree to hold the Bank, its directors, officers, employees and representatives, free and harmless from any and all claims for damages resulting from the failure of any merchant to honor your Debit Card.
The Bank makes no representation or warranty on any of the goods and services offered by the merchants and is not responsible if the goods or services are in any way deficient or otherwise unsatisfactory. Should you have complaints relating to any merchant, or any of the goods and services purchased from any of the merchant, the matter should be resolved with the merchant directly, provided that, nothing herein shall relieve you from any obligations to the Bank arising from or in connection with the use of the Debit Card.
Any Debit Card transaction which may be questioned shall be subject to a Bank investigation, which may include among others, the verification of transaction records and confirmation with you and / or the merchant. After the investigation, the Bank has the right and is hereby authorized to automatically, without need of any further notice, act or deed, debit / credit the Account and the merchant’s account depending on the results of the said investigation.
Any Debit Card transaction dispute must be filed within sixty (60) calendar days from transaction date. The dispute shall be resolved in accordance with Express Payment System (EPS)/Mastercard/Visa/BancNet chargeback/dispute processes and procedures.
7. ATM Usage – The Debit Card is accepted at BPI and BPI Family Savings Bank ATMs and ATMs of other financial institutions, which are members of BancNet, or the Cirrus ATM network or such other ATM networks that may be designated by the Bank from time to time.
You authorize the Bank to automatically debit from your Account the appropriate amount corresponding to the amount of the withdrawal you make, or its equivalent in allowable currency and in accordance with the Bank’s record of transactions. The amount you may withdraw within and outside the Philippines shall be subject to such limits as the Bank may set. Such limits shall be subject to change from time to time by the Bank at its own discretion. ATM transactions performed at BancNet ATMs within the Philippines or other accepting ATM networks will be subject to a fee and will be debited from the Account withdrawn from at the time of posting of the transaction or on the last banking day of the month.
You understand and agree that the Bank does not have any control over the participants of the ATM or other networks through which you may access your Account(s), or the ATM themselves, or the procedures or controls such ATM or other network participants adopt in regard to data / information processing. Hence, the Bank shall not be liable for any loss or damage of whatever nature incurred by you (i) in instances where you are unable to use your Debit Card or avail of any service due to disruption or failure of the ATM or other network or communication facilities linking the same, or (ii) arising out of any failure, delay or rejection regarding the use of your Debit Card or the availment of any service, or (iii) caused by or due to unauthorized or fraudulent access or utilization of your Debit Card or any service. You understand and agree that the transaction coursed through any of these networks shall be subject to transaction fees as determined by the networks through which the transactions were coursed.
8. International ATM Access – The Bank has existing arrangements with International Networks that would allow BPI Debit Cards to be used outside the Philippines. For international ATM withdrawals, you authorize the Bank to debit from your Account the equivalent amount of any withdrawal in currencies other than the currency of your Account. The Bank shall base the equivalent amount on the exchange rates determined by the International Network. You consent that in order to use your Debit Card for withdrawals abroad, you must request activation of its International Access by calling our 24-hour BPI Contact Center at 889-10000 or its Domestic Toll Free hotline at 1-800-188-89100, or visit the bank of account, subject to a verification process. International Access activation through our 24-hour BPI Contact Center at 889-10000 or its Domestic Toll Free hotline at 1-800-188-89100 is real time whilst request through Branch will be effected the next banking day.
Subject to the preceding paragraph, any international withdrawal made with a Debit Card against your Account in the Philippines constitutes a disbursement of the Account in the Philippines and a remittance to the country where the transaction was effected and shall be subject to the laws and regulations of both the Philippines and the country where such transactions were made.
Cash withdrawals outside the Philippines shall be in the currency of the institution owning the ATM from where such transactions were made. Cash withdrawals are also subject to exchange controls, regulations or limitations in effect in the country where the ATM used is situated and will be converted using the prevailing exchange rate at the time the transaction is posted on the Account. Transactions shall be subject to international transaction fees as determined by the International Network through which the transactions were coursed, likewise subject to the prevailing exchange rate at the time the transaction was posted on the Account.
Whenever you use the Debit Card in ATMs outside the Philippines, you agree that the processing of your Debit Card transactions shall be subject to the collection, storage and communication of all data, such as Account balance, relating to your Accounts. The processing of your transactions may be performed, whole or in part, electronically. Accordingly, apart from the Bank, there may be other entities which shall have access to, and may have to collect, store or communicate, data relating to your Accounts in the processing of your Debit Card transactions. Whenever you use your Debit Card in ATMs outside the Philippines, you consent to (i) the collection, storage, communication and processing of all pertinent data, such as your Account balance by any means necessary to maintain appropriate transaction and Account records, (ii) the release and transmission of all these necessary data to participants and processors within the network, (iii) the retention of these data by the network and (iv) the compliance of the network with all applicable laws and regulations governing disclosure of information to which they are subject.
You also acknowledge and agree that transactions at non-BPI ATMs in the Philippines that display the Cirrus brand marks are international in nature and are therefore subject to international service charges.
9. Consent to Processing of Information – You acknowledge and agree that updated information relating to you (including personal data), your transactions, business, credit relationships and Accounts provided by you, made available to or in the possession of the Bank, it parent, its subsidiaries or affiliates or any member of the BPI Group of Companies (collectively, the “Cardholder Information”) may be collected, obtained, used, stored, consolidated, processed, profiled, benchmarked, disclosed and shared by the Bank for any or all of the following (the “Purposes”):
a. To process, facilitate, administer, approve and implement your Debit Card transactions;
b. To comply with the Bank’s operational, audit, administrative, credit and risk management processes, policies and procedures, the Terms and Conditions governing the Bank’s Products, Services, Facilities and Channels, the Bangko Sentral ng Pilipinas (BSP) rules and regulations, legal and regulatory requirements of government regulators, judicial, supervisory bodies, tax authorities or courts of competent jurisdiction, as the same may be amended or supplemented from time to time;
c. 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 the implementation of know-your-customer and sanction screening checks;
d. To develop and enhance product, business and customer offerings of the Bank, its parent, or any member of the BPI Group of Companies or any of their respective subsidiaries and affiliates, which may include the conduct of product, system, statistical or business analysis, surveys, schemes, planning and research;
e. 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, its parent, or any member of the BPI Group of Companies or those provided by third parties which the Bank, its parent or any member of the BPI Group of Companies, under a duty of confidentiality, has contracted with through a partnership, joint venture, servicing or tie-up arrangement in connection with the Marketing Initiatives (the “Program Partners”);
For purposes of these Terms and Conditions, "BPI Group of Companies" means, collectively, BPI and its Affiliates and their respective 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. "Affiliate" means any corporation, partnership or other form of association which is directly or indirectly controlled by, or is under common control with, or controls BPI. The term “control” (including with correlative meanings, the term “controlling”, “controlled by”, and “common control”) shall mean (i) ownership of at least twenty percent (20%) of the total issued and outstanding capital stock in such corporation or association, or (ii) the right to elect at least twenty percent (20%) of the number of directors in the corporation or association, or (iii) the right to cause the direction of the management and policies of such corporation, partnership or other form of association, whether through the ownership of shares, directorship, management, community of interest or contract or otherwise.
f. To carry out, fulfil and complete your Debit Card transactions.
Pursuant to the foregoing Purposes, the Bank may share and disclose your Information, whether within or outside the Philippines, under a duty of confidentiality:
(i) to other members of the BPI Group of Companies;
(ii) to the Bank’s directors, officers, employees, professional advisers, legal counsels, auditors, joint venture partners, loyalty program partners, agents, representatives, service providers and third parties providing services to the Bank on a “need to know” basis;
(iii) 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;
(iv) 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;
(v) 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 Accounts;
(vi) to representatives, agents or service providers engaged by the Bank, by any member of the BPI Group of Companies or by Program Partners in connection with the Marketing Initiatives, and
(vii) to such other persons or entities that the Bank or any member of the BPI Group of Companies or the service providers may engage or contract with to facilitate or carry out any or all of the foregoing Purposes.
The foregoing constitutes your express consent under the applicable confidentiality and data privacy laws of the Philippines and other jurisdictions, Including without limitation, the provisions of RANo.1405 (The Law on Secrecy of Bank Deposits), RA No. 6426 (The Foreign Currency Deposit Act), RA No.10173 (Data Privacy Act of 2012), RA No.8791 (The General Banking Law) (collectively, the "Bank Secrecy and Privacy Laws") and you agree to hold the Bank, its parent, each member of the BPI Group of Companies and their respective directors, employees, authorized representatives 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 you have conferred pursuant to these Terms and Conditions. The Bank’s Data Privacy Statement which explains how it collects, protects, uses, shares, consolidates and stores information (including personal data) is deemed incorporated herein by reference.
10. Offer to Participate in Promos – You hereby authorize BPI, the Bank, and their respective Program Partners to offer you participation to promotional offers, advertisements, surveys, Marketing Initiatives or such other similar programs by communicating to you through any of the means of communication or channel provided under paragraph 11 (Communication). Should you no longer want to participate in any product, business or customer offerings, advertisements or surveys, or in any Marketing Initiative, as provided under this BPI Debit Card Agreement, you must call 24-hour BPI Contact Center at 889-10000 or its Domestic Toll Free hotline at 1-800-188-89100, or send BPI a message clearly stating said intention.
11. Communication – BPI or the Bank may send any communication/ correspondence through any or all of the following means: by mail or courier, by electronic mail, by facsimile transmission, by Short Messaging Service (SMS), by E-Commerce or telemarketing platforms, by any of BPI’s electronic channels including (but not limited to) posting on BPI’s website or by such other means of communication and/or channels (electronic or otherwise) which BPI or the Bank, at its option, considers appropriate and effective. Any communication/correspondence sent by BPI or the Bank to you shall be deemed to have been received by you.
12. Disclaimer of Warranties – All warranties, conditions and other terms, implied by law or statute, are excluded from this BPI Debit Card Agreement, including, but not limited to, the warranty that the use of the Debit Card (i) will meet your requirements, (ii) will be uninterrupted, timely, secure or free from error, and (iii) will be accepted or honored at all merchant establishments or all ATMs mentioned in paragraphs 6 (Express Payment System) 7 (ATM Usage) and 8 (International ATM Access).
13. Compliance with Existing Laws – You hereby warrant that your use of the Debit Card does not and will not violate any anti-money laundering law as well as other applicable laws, rules, or regulations. By signing this BPI Debit Card Agreement or using the Debit Card, you agree to render the Bank and each member of the BPI Group of Companies and their respective officers, employees, and representatives, free and harmless and indemnified, from any liabilities, damages, suits, or causes of action whatsoever which may arise from any violation of the said laws, rules, or regulations. Moreover, the Bank upon reasonable suspicion of fraud, irregularity, or anomaly, involving the Debit Card, may automatically block the use thereof, with or without notice, and initiate investigation. You further represent and warrant that should you provide the Bank or any member of the BPI Group of Companies any personal information relating to an individual, you have secured the necessary authorizations and consent of such individual in compliance with applicable data privacy and confidentiality laws.
14. Agreement to the BPI Debit Card Agreement and Terms and Conditions – Your signature herein, or your use of the Debit Card, constitutes your agreement to and acceptance of this BPI Debit Card Agreement and the Terms and Conditions of the Bank of the Philippine Islands governing PRODUCTS, SERVICES, FACILITIES, AND CHANNELS (collectively, the “Agreements”). You hereby acknowledge that you fully understand the corresponding risks attendant to the availment of the Bank’s products, facilities, services, and channels. You agree to any and all supplement(s), modification(s), or amendment(s) of the Agreements, notices of which shall be posted in the Bank’s premises, website, or any other channel available to the Bank.
15. Governing Law and Venue – This BPI Debit Card 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.
16. Separability Clause – The enforceability and validity of this BPI Debit Card Agreement, in whole or in part, shall not be affected by the unenforceability or invalidity, whether temporary or permanent, of any particular provision hereof because of restrictive laws, regulations, or judicial or administrative determinations obtained during any period hereof or for any other causes.
17. Non-Waiver of Rights – No failure or delay on the part of the Bank in exercising any right or power hereunder shall operate as a waiver thereof nor shall any partial or single exercise of any such rights or powers preclude any further exercise thereof or the exercise of any other rights or powers hereunder. No waiver by the Bank of any of its rights or powers herein shall be deemed to have been made unless expressed in writing and signed by its duly authorized representative(s). All remedies afforded to the Bank under this BPI Debit Card Agreement, by law or otherwise, shall be cumulative and not alternative.
18. Assignment of Rights – All rights and interests of the Bank under this BPI Debit Card Agreement may be assigned or transferred by the Bank without your consent.
19. Amendments –The Bank may, at any time and for whatever reason it may deem proper, amend, revise or modify this BPI Debit Card Agreement, and any such amendment, revision or modification shall bind you upon notice (personal, by publication or otherwise) or on the date of effectivity as specified in the notice, whichever is earlier. If you object or are not amenable to any such amendments, revisions or modifications, you agree to terminate the use of your Debit Card by sending a written notice thereof to the Bank and perforating your card within thirty (30) calendar days from notice of such amendment, revision or modification. Failure to notify the Bank within the prescribed period shall be construed as your acceptance of any such amendments, revisions or modifications to this BPI Debit Card Agreement.
20. Customer Service – For any concern, you may call the our 24-hour BPI Contact Center at (+632) 889-10000 or its Domestic Toll Free hotline at 1-800-188-89100, or visit any Bank branch, or send the Bank a message. The Bank will provide timely feedback after it records and investigate such issues, concerns, and clarifications raised. You agree to fully cooperate in any investigation to be conducted in relation to your complaint by providing the Bank the required information and documents. The Bank is regulated by the Bangko Sentral ng Pilipinas (BSP) with email address at firstname.lastname@example.org.
Date updated: November 25, 2020
Date of effectivity: January 25, 2021