I. Definition of terms
As used herein, the following terms shall have the meanings set forth below:
A. Accredited Merchants shall mean establishments that accept VYBE as mode of payment for goods and services.
B. BPI, we, and our shall refer to the Bank of the Philippine Islands.
C. BPI Online User shall mean a BPI accountholder who has an existing BPI Online account and uses BPI Online banking services through BPI Online or BPI Mobile App.
D. “Electronic Know Your Customer” or “eKYC” shall refer to the process of establishing the identity of the VYBE User, also known as customer verification.
E. MPIN shall mean the four (4)-digit personal identification number nominated by the VYBE User, which shall be used to confirm all VYBE transactions.
F. Personal or Merchant QR Code shall mean a specific QR Code associated with a personal or merchant VYBE Account, that allows a VYBE User to send money directly to the intended recipient account.
G. Transfer QR Code shall mean a specific QR Code that is associated with a personal or merchant VYBE Account, which also identifies the amount of money required or requested to be transferred, that allows a VYBE User to send the pre-determined amount of money directly to the intended recipient account.
H. VYBE shall mean BPI’s digital wallet with stored Philippine Peso value, which can be used for funds transfers and purchases of goods and services, among others.
I. VYBE Account shall mean a BPI Online User’s digital wallet account linked to his BPI Online account and registered mobile number with BPI.
J. VYBE App shall mean the VYBE application that can be downloaded on mobile devices and through which a VYBE User can avail of the VYBE Services;
K. VYBE User shall mean an existing BPI Online User who registers for a VYBE Account and avails of the VYBE Services.
L. VYBE Services shall mean the VYBE functionalities such as, but not limited to, funds transfers, payments for goods and services, rewards accumulation and redemption.
M. You, your, and I shall refer to the person creating and using the VYBE Account.
II. Applicability of/conformity to terms and conditions, rules, and regulations
You agree that your use of VYBE shall be subject to: the Terms and Conditions governing BPI’s Products, Services, Facilities and Channels; BPI’s Online Banking Terms and Conditions; and the BPI Data Privacy Statement, as the same may be amended or supplemented from time to time, all of which are made integral parts of these Terms and Conditions and deemed incorporated herein by reference and shall be resorted to where applicable.
You likewise agree to be bound by BPI’s prevailing policies, procedures, and practices as well as applicable laws and regulations, including, but not limited to, all circulars, guidelines, rules and regulations of the Bangko Sentral ng Pilipinas (BSP), Anti-Money Laundering Council (AMLC), and such other regulatory bodies on e-money instruments, which shall form part of and shall be deemed incorporated by reference into these Terms and Conditions. You also agree that VYBE and such other products, services, facilities and channels shall likewise be governed by all applicable circulars, guidelines, rules and regulations of the BSP, AMLC, and such other relevant government regulatory bodies or agencies.
III. Registration and use of VYBE
All BPI Online Users may register for a VYBE Account by downloading the VYBE App.
Once you have downloaded the VYBE App, you will be asked to supply the requested information, which may include your BPI Online credentials, i.e., username and password, or other personal information, for online identity verification. After you have supplied the necessary information and performed the actions required, which may include nominating your MPIN and agreeing to the Terms and Conditions, you will be directed to your VYBE Account, and you will be allowed to perform the various VYBE Services.
B. Use of VYBE Services
When your VYBE Account is created, you will be allowed to perform various online services through the VYBE App. The instructions made after the creation of your VYBE Account shall be the authority of BPI to carry out the transactions performed by you through the VYBE App. BPI shall have no obligation to verify the authenticity of any transaction received from you through, or purporting to have been made by you via, the VYBE App, other than by verification through your MPIN, or though biometric authentication methods such as but not limited to fingerprint scanning or facial recognition.
C. Nature of your VYBE Account
Your VYBE Account is not a deposit account and does not earn interest. The Philippine Peso value stored in your VYBE Account is not insured by the Philippine Deposit Insurance Corporation (PDIC). It is, however, subject to the rules and regulations of the BSP, the AMLC, and the Data Privacy Commission, (DPC) and other applicable laws.
D. Loading money to your VYBE Account
You may load Philippine Peso value into your VYBE Account through: (a) your BPI deposit account/s linked to your BPI Online credentials; (b) transfers to your VYBE Account from another VYBE User; (c) transfers from other financial institutions; and (d) recognized bank agents.
To facilitate funds transfers to your account, you may generate a Personal QR that will make your VYBE Account identifiable as the intended recipient of the funds to other VYBE Users without need of any further information. Once you have generated your Personal QR, you may share the same to third parties for purposes of allowing them to make funds transfers to you using the Transfer via QR option of the VYBE App. You shall be responsible for ensuring that you share your Personal QR only to parties you are expecting payments from to secure the privacy of your account.
BPI is hereby authorized to effect any adjustments on what has been credited to your VYBE Account to, among others, correct any error or mistake committed, without need for any further instrument, deed, notice, consent or your authorization. Should your VYBE Account balance be insufficient to allow the debit of such amount in order to correct said error or mistake, you hereby irrevocably authorize BPI to debit the said amount plus interest and charges, if any, from the time the amount becomes due to BPI, from any other account in your name, whether singly or jointly held with others, or whether maintained with BPI or with any of its subsidiaries or affiliates.
E. Transaction limits and service charges
Your VYBE Account balance shall not exceed the maximum amount set by BPI, at any given time. Should any transaction (top-up or funds transfer) result in the breach of this threshold, such transaction shall be rejected, without need of notice to you. For security reasons, BPI may likewise limit the number of transactions the VYBE User may perform daily through the VYBE App.
In the same vein, BPI may impose and collect service charges for your use of the VYBE Services.
You acknowledge that you are at all times aware of the transaction limits and service charges applicable to your VYBE Account, as well as any amendments, revisions or modification thereto, which are available to you upon request or through various channels of BPI, or are published in BPI’s website or VYBE App, whichever is applicable, all of which are made integral parts hereof.
BPI may, from time to time, revise and/or change the transaction limits or applicable service charges for the use of the VYBE Services. Notices of any change or revision will be provided to you through BPI channels, publication in BPI’s website or the VYBE App, by electronic mail, or such other electronic transmission including short messaging service or by such other means of communication which BPI, at its option, considers appropriate and effective, and shall be deemed sufficient and effective notice to you. Such revisions and/or changes shall be effective on the date specified by BPI. Your continued usage of VYBE after the effective date of such revision and/or change shall be deemed to constitute your acceptance of the changes and/or revisions without reservation.
F. Security of your VYBE Account
You agree to (i) secure the VYBE App via your mobile number, nominated MPIN, or device biometrics; and (ii) safeguard your VYBE Account as if it were cash.
You agree to personally nominate your own MPIN, and to assume full responsibility for maintaining the confidentiality of your MPIN and for all transactions made in your VYBE App using your MPIN. The MPIN shall be known only to you and as such, any transaction effected using your MPIN is conclusively presumed to have been performed by you or are authorized solely by you.
You agree and undertake to immediately contact BPI’s Customer Hotline to report any unauthorized use of your MPIN or any other breach of security immediately upon such occurrence or knowledge thereof. Any loss due to transfer of funds or purchases transacted with an unauthorized use of your MPIN prior to the receipt by BPI of your written report of such loss or unauthorized use shall be for your account.
G. Transaction history
BPI shall not be obligated to send you periodic Statements of Accounts showing the transactions and balances in relation to your VYBE Account, but your transaction history within thirty (30) days shall be available for viewing in the VYBE App. You agree that if BPI does not receive any complaint from you within twenty (20) calendar days from transaction date, any and all transactions as well as the transaction details therein shall be considered correct and accurate and any claim against BPI shall be deemed waived.
H. Termination by BPI
BPI is authorized to terminate or suspend the use of your VYBE Account at any time without prior notice and without liability in case (i) you provide false information or made a misrepresentation to BPI; (ii) you submit false, forged or misleading documents or information; (iii) the VYBE Account is involved or used or suspected to be involved or used for any fraudulent, illegal, criminal or unlawful activities; or (iv) BPI, at its sole option and discretion, has determined that maintaining the VYBE Account is not in its best interest.
BPI reserves the right to review your VYBE account from time to time and without notice to determine compliance with these Terms and Conditions. Notwithstanding fulfilment of the eligibility requirements, the Bank has sole discretion to determine your continued availment of and access to the VYBE App and VYBE Services.
BPI reserves the right, in its absolute discretion at any time and without notice: (i) to discontinue your availment of and access to the VYBE App and VYBE Services; (ii) cancel, change, add or substitute any of the VYBE Services; (iii) amend, modify or supplement these Terms and Conditions; or (iv) to suspend or terminate the use of and access to the VYBE App and VYBE Services. BPI shall not be responsible/liable in any manner whatsoever for any costs, losses, damages or expenses, or other consequences, caused by the Bank’s exercise of the foregoing rights. Neither will the Bank be liable for any special, consequential, exemplary, or indirect damages for any loss of value, opportunities or benefits that may arise as a result of any of the foregoing or changes made to the VYBE App and/or VYBE Services.
BPI may amend from time to time any or all of the eligibility requirements for use of and access to the VYBE App and VYBE Services. Any amendments to the eligibility requirements shall be published on the website or in any other manner deemed appropriate by the Bank.
BPI may assign its rights and obligations under these Terms and Conditions in favor of any of its subsidiaries, affiliates, agents, authorized representatives or service providers. BPI shall not be responsible for any delay in the performance or non-performance of its subsidiaries, affiliates, agents, authorized representatives or service providers due to causes beyond its reasonable control.
IV. VYBE transactions
A. Fund transfers
You may transfer funds from your VYBE Account to other VYBE Users and BPI shall effect such mobile fund transfer transactions provided that: (i) your VYBE Account is sufficiently funded; (ii) you supply complete and correct information; and (iii) the transaction is within the allowable limits set by you or by BPI.
BPI shall not be liable for any omission to make all or any of the transfers or for late transfers due to circumstances beyond the control of BPI. BPI shall likewise not be liable for failed or incorrect transactions resulting from an error in the information you provided.
B. In-Store purchases
You may pay for in-store purchases at Accredited Merchants via the VYBE App’s Scan-to-Pay function, which allows you to purchase goods and services through a quick-response (QR) code scan payment method available in your VYBE App. QR Codes are either Merchant QR, which identifies the Merchant, or Transfer QR, which identifies the Merchant and the transaction amount.
You authorize BPI to automatically debit from your VYBE Account an amount equal to the purchase you made, plus applicable fees and charges, if any, in accordance with BPI’s transaction records.
C. Transaction disputes
Should you find any discrepancies in your VYBE Account transactions, you agree to communicate the same to BPI via its 24-hour BPI Contact Center or any BPI branch. Any disputed transaction shall be investigated by BPI, which may entail, among others, further verification of transaction records and confirmation from you, the merchant, and/or network, as may be applicable. Any dispute must be filed within twenty (20) calendar days from the transaction date. The dispute shall be resolved in accordance with the dispute processes and procedures of BPI.
D. Loyalty/Rewards program
BPI shall have the option (but not the obligation) to run a Loyalty/Rewards program on the use of your VYBE Account and other BPI products and services. The VYBE User’s rights and obligations in relation to the Loyalty/Rewards program shall be covered by separate Terms and Conditions specific thereto.
V. Miscellaneous provisions
You consent to the collection, processing, disclosure and retention of personal data and VYBE Account information to the extent described in BPI’s Data Privacy Statement posted on www.bpi.com.ph, as the same may be amended or supplemented from time to time.
B. Consent to disclosure
You acknowledge and agree that updated information relating to you (including personal data) and your transactions, provided by you or made available to or in the possession of BPI or any member of the BPI Group of Companies, their successors and assigns (collectively, the “Information”), may be collected, obtained, used, stored, consolidated, processed, profiled, benchmarked, disclosed, and shared by BPI or by and between or among BPI and any member of the BPI Group of Companies, for any or all of the following (the “Purposes”):
1. To approve, manage, facilitate, administer and implement transactions, services and facilities in connection with your VYBE Account;
2. To comply with (i) BPI’s operational, audit, administrative, credit and risk management processes, policies and procedures, (ii) these Terms and Conditions, (iii) BSP’s 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 BPI and/or any member of the BPI Group of Companies, which may include the conduct of product, system, statistical or business analysis, surveys, schemes, 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 BPI or any of the BPI Group of Companies or by third parties with which BPI or any 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 BPI or by any of the BPI Group of Companies or pursued together with any other member(s) 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 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., 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 BPI.
6. To carry out, fulfill and complete the transactions authorized by you in connection with BPI’s performance of the services, facilities and channels contemplated under these Terms and Conditions.
Pursuant to the relevant Purpose(s), BPI may share and disclose your 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 its directors, officers, employees, professional advisers, legal counsels, auditors, agents, representatives, service providers, and third parties providing services to BPI 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 you;
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 your availment of the products, services and facilities of BPI (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 BPI’s rights and/or obligations under the relevant contracts or agreements, or in connection with any sale, acquisition, merger or consolidation of any of the BPI Group of Companies;
vii. to representatives, agents or service providers engaged by BPI or by any 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 you (the “Outsourced Service Providers”);
viii. to representatives, agents or service providers engaged by BPI or by any 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 BPI or any 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 your express consent under the applicable bank secrecy, confidentiality and data privacy laws of the Philippines and other jurisdictions and you agree to hold BPI, each member of the BPI Group of Companies, successors and assigns, 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 these Terms and Conditions.
C. Use of client information
You agree that information (including documents) relating to your VYBE Account may be shared and disclosed by BPI to any other member of the BPI Group of Companies or Program Partners, its authorized representatives, agents and service providers, to facilitate the processing of your application or enrolment to avail of a product, channel or facility offered by BPI, by members of the BPI Group of Companies or its Program Partners. Your application and/or enrolment to avail of such products, facilities or services of BPI, of any member of the BPI Group of Companies or of any Program Partner shall constitute your express consent and authority to allow the disclosure and sharing of your personal data and/or VYBE Account information under the applicable bank secrecy, confidentiality and data privacy laws of the Philippines and other jurisdictions to enable BPI, any member of the BPI Group of Companies or Program Partners to process your application and/or enrolment.
Notices, amendments to these Terms and Conditions, and other communications may be posted in BPI’s website, the VYBE App, or in conspicuous places within its branches, or sent to you via any of the following modes: (a) mail or delivery to your last recorded mailing address; (b) transmission electronically to your registered e-mail address with BPI; (c) short messaging service (SMS); or (d) such other mode of communication or use of an electronic platform as may be deemed appropriate by BPI or as may otherwise be permitted by law or regulations, any of which mode of communication or transmission when sent shall be valid and effective notice to you.
E. Indemnification/Limitation of Liability
1. All expenses and legal costs related to BPI’s enforcement of its rights and remedies under these Terms and Conditions or under law or equity shall be for your account and may either be debited against any of your accounts with BPI or with any member of the BPI Group of Companies or directly collected from you.
2. BPI has no liability if it is unable to process your transaction due to any of the following:
i. If, through no fault of BPI, your VYBE Account has insufficient funds to complete a transaction;
ii. If there are security concerns, or if the VYBE Account has been closed or the Vybe Services, suspended;
iii. System downtime or service/channel unavailability due to reasons beyond BPI’s control and other instances as BPI may determine.
iv. Force majeure or other causes beyond BPI’s control.
3. BPI shall not be liable for any loss or damage arising from: (i) unauthorized or fraudulent access or utilization of your VYBE Account, or availed products, services, channels and facilities, whether or not you have knowledge of the same; (ii) any error and/or mistake attributable to you and/or your representative; or (iii) force majeure or other causes beyond BPI’s control.
4. BPI, its directors, officers, employees, agents, representatives and service providers (collectively the “BPI and its Officers”) shall be reimbursed/indemnified against, and shall be held free and harmless from all liabilities, actions, claims, damages, costs, taxes, fees, charges, expenses and suits, which may be brought against or suffered or incurred by them or any of them and which shall have arisen either directly or indirectly in connection with the (i) implementation or performance of these Terms and Conditions; (ii) enforcement of BPI’s rights and remedies; (iii) BPI’s reliance and action upon your declaration and/or representation; (iv) action upon any instruction which BPI reasonably believes in good faith to have emanated or originated from you; or (v) any and all errors inadvertently committed, including computer or machine related errors, in the handling or processing of transactions that may arise in connection with your VYBE Account.
5. To the full extent allowed by applicable laws, BPI shall not be liable for any special, consequential, indirect, incidental or punitive damages (or any loss of actual or anticipated revenue or profits) arising out of or in connection with your use of VYBE or its termination, and irrespective of whether you have advised BPI of the possibility of any such loss or damage.
The provisions of this clause on Indemnification/Limitation of Liability shall survive the termination, cancellation or suspension of VYBE.
F. Force Majeure
You agree and consent that BPI will not be responsible or liable for any delay, non-performance, or failure to perform any of its obligations in connection with VYBE for reasons due to, arising out of, or caused by, directly or indirectly, circumstances beyond its reasonable control, including, without limitation, acts of God, natural disasters, calamities, earthquakes, fire, floods, wars, rebellion, civil or military disturbances, sabotage, acts of terrorism, criminal acts or willful misconduct by a party other than BPI, its officers or employees, epidemics, pandemics, 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, or other governmental actions.
If any of these Terms and Conditions or amendments is declared to be invalid or unenforceable, the remaining portions or provisions hereof shall remain in full force and effect.
H. Disclaimer of warranties
To the full extent allowed by applicable laws, all warranties, whether express or implied by law or statute, are excluded herein. BPI does not represent or warrant to you that VYBE: (i) will meet all your requirements; and (ii) will be uninterrupted, timely, secure or free from error; and (iii) will be accepted or honored at all times by Accredited Merchants. BPI may decline to process any purchase without prior notice to the VYBE User or the relevant merchant. The VYBE User fully understands the corresponding risks attendant to digital wallets.
I. Governing law and venue
VYBE and these Terms and Conditions shall be governed by and construed in accordance with Philippine laws. Any dispute arising hereunder shall be submitted to the jurisdiction of the proper courts of Makati City, Philippines, to the exclusion of all other venues.
J. Consumer protection
For inquiries and comments, please send us a message or call our 24-hour BPI Contact Center at (+632) 889-10000.