1. THE CARD/PREPAID CARD - Shall refer to BPI Prepaid Cards (the “Cards”) such as BPI ePay MC, BPI ePay Gift, which are affiliated with Mastercard, BPI ePay Visa and BPI Amore Visa Prepaid Card, which are affiliated with Visa, a local proprietary Card, and such other prepaid cards to be issued by the Bank of the Philippine Islands (BPI) from time to time, which can be purchased for personal use or as a gift to a third party for personal use, subject to the terms and conditions herein.
2. CARDHOLDER / PURCHASER - The term “Cardholder” shall refer to a person (i) who purchases or avails of a Card for his/her own use or the person for whom or for whose use a Card is purchased, and (ii) whose name is printed on the Card. The term “Purchaser” shall refer to the person who purchases or avails of a Card for his/her own use or for the use of another. For generic/nameless Cards, the Cardholder shall be deemed the Purchaser and he/she agrees to be solely and exclusively bound by these Terms and Conditions whether such Card be for his/her own use or for the use of another. All Cards should be signed by the relevant Cardholder and are non-transferable.
3. RESPONSIBILITY OF THE CARDHOLDER - The Cardholder agrees to (i) sign the Card immediately upon receiving it, and (ii) safeguard the Card as if it were cash. BPI may, at its option, assign a system-generated personal identification number (PIN) to a Card (except for BPI ePay Gift and BPI Amore Visa Prepaid Card) to enable the Cardholder to withdraw cash or do balance inquiries via the Automated Teller Machine (ATM). If assigned a PIN, the Cardholder is advised to immediately change the initial PIN and nominate his/her own PIN. The Cardholder agrees that all purchases, payments and withdrawals using the Card shall be conclusively presumed to have been a personally made or authorized by the Cardholder.
4. USES AND LIMITATIONS OF THE CARD - The Cardholder can use BPI Prepaid Cards to pay for goods, services and transportation fares in accordance with the provisions of these Terms and Conditions. All BPI Prepaid Cards are not deposit accounts and do not earn interest. The value stored in the Cards is not insured by the Philippine Deposit Insurance Corporation (PDIC). Enumerated below are the specific uses for the Cards:
a. For BPI ePay Gift, the Card can be used to pay for goods and services availed at any Mastercard-affiliated establishment nationwide.
b. For BPI Amore Visa Prepaid Card, the Card can be used for payments of any good and service purchased online at any Visa-affiliated website and payments of goods and services at any Visa and Visa payWave affiliated merchants worldwide.
c. For BPI ePay MC, the Card can be used for payments of any good and service purchased online at any Mastercard-affiliated websites and Mastercard-affiliated establishments worldwide. It can also be used for balance inquiry, cash withdrawal, prepaid mobile phone reload and fund transfer to another BPI Prepaid Card via BPI ATMs nationwide. The withdrawal is limited to a maximum of Twenty Thousand Pesos (Php 20.000.00) per day. Cash withdrawals can be availed at any ATM nationwide and will be subject to withdrawal fee. The Card cannot, however, be used for Over-the-Counter withdrawals at any BPI branch.
d. For BPI ePay Visa, the Card can be used for payments of any good and service purchased online at any Visa-affiliated websites and Visa-affiliated establishments worldwide. It can also be used for balance inquiry, cash withdrawal, prepaid mobile phone reload and fund transfer to another BPI Prepaid Card via BPI ATMs nationwide. The withdrawal is limited to a maximum of Twenty Thousand Pesos (Php 20.000.00) per day. Cash withdrawals can be availed at any ATM nationwide and will be subject to withdrawal fee. The Card cannot, however, be used for Over-the-Counter withdrawals at any BPI branch.
e. For BPI ePay MC, BPI ePay Visa and BPI Amore Visa Prepaid Card, payment transactions made abroad will be converted at the exchange rate on the date the transaction is posted. In cases of return of goods, tickets, and other services obtained through the use of the Card where the merchant permits such return, the Cardholder agrees to absorb any loss or gain in relation to the exchange rate which may be charged to the Card. Payment transactions made online and/or abroad using the Card are subject to the regulations, controls, and limitations imposed by the relevant establishment, merchant, institution and/or country.
f. For BPI Amore Visa Prepaid Card, which is identifiable by the Visa payWave logo, instead of swiping the Card for in-store transactions, Cardholder just has to tap the Card against the contactless reader. Payment using the payWave functionality can only be made at participating merchant outlet and if the purchase is under Php 2,000. Cardholder will still need to sign if purchase is equal to or over Php 2,000.
g. BPI ePay Gift and BPI Amore Visa Prepaid Card cannot be used for cash withdrawals at BPI ATMs or at any BPI branch.
h. For BPI ePay MC and BPI ePay Visa, withdrawals and inquiries may be made through BPI ATMs only using a valid Prepaid Card together with correct personal identification number (PIN). Cardholder acknowledges that a pre-nominated PIN has been provided to him/her together with the said Prepaid Card.
i. For cards bearing the beep™ and Transpo logos, the Card can be used to pay for transportation fares and for other purchases at any beep™-affiliated merchant. Cardholder can tap the Card against beep™ contactless readers at transportation hubs and merchant outlets where the beep™ and Transpo logos are found. AF Payments Inc. is the sole issuer of beep™. AF Payments Inc. is responsible for the issuance and governance of the beep™ application. By using the beep™ functionality, the Cardholder agrees to be bound by the terms and conditions published at www.beeptopay.com.
5. ACCREDITED ESTABLISHMENTS - BPI has agreed with Mastercard International that Cards bearing the Mastercard or Mastercard Electronic logo shall be honored at all Mastercard-affiliated merchants with electronic terminals. Cards with Internet shopping functionality can also be used in Mastercard-affiliated shopping sites through an online payment facility. BPI has also agreed with Visa that Cards bearing the Visa logo shall be honored at all Visa-affiliated merchants with electronic terminals. Cards with Internet shopping functionality can also be used in Visa-affiliated shopping sites through an online payment facility.
In the same manner, BPI has agreed with AF Payments Inc. that Cards bearing the beep™ and Transpo logo shall be honored in beep™ affiliated merchants. Transpo is the Automated Fare collection Brand of the Department of Transportation and Communications. BPI shall not be responsible/liable to the Cardholder if for any reason, the Card is not accepted. The Cardholder agrees to hold BPI, its directors, officers, employees and representatives, free and harmless from any and all claims for damages resulting from the failure or refusal of any merchant or establishment to honor the Card. Cardholder should always carry an alternative payment method and not solely rely on the Card to process payment of goods and/services purchased.
6. CARD USAGES – Subject to any applicable limits, use of the Card is permitted as long as the value available on the Card is not exceeded. However, there may be situations where the Card balance will register a negative amount and the Cardholder will remain liable in repaying BPI for any such negative amounts. The Cardholder acknowledges that a negative balance on the Card does not constitute an open end line of credit. No allowance or acceptance of a negative balance on one or more occasion shall entitle the Cardholder to any other or further negative balance in similar or other circumstances. BPI may refuse to pay a negative balance for the Cardholder at any time. BPI has no obligation to notify the Cardholder before BPI will approve or decline a transaction that would result in a negative balance on the Card. Transactions will be approved or declined in the order they are received by the data processor. For security reasons, BPI may limit the amount or number of transactions the Cardholder may make in the Card or may decline a transaction which BPI has reason to believe is unauthorized or fraudulent.
7. CARD VALUE - The total Card Value must not, at any given time, exceed the following
Maximum Card Value
BPI ePay Gift
Twenty Thousand Pesos (Php 20,000.00)
BPI ePay MC, BPI ePay Visa and Amore Visa Prepaid Card
One Hundred Thousand Pesos (Php 100,000.00)
The Cardholder may check the balance of the Card by inquiring via: (i) BPI Phone Banking (889-10000); (ii) any BPI ATM nationwide (if Card has a valid 4-digit Personal Identification Number (PIN); and (iii) BPI Online, provided the Card has been enrolled in the Purchaser's/Cardholder's BPI Online account.
For beep™, the value of the Card is distinct and separate from the load value of Cards bearing the Mastercard or Visa electronic logo. The minimum amount that can be loaded in beep™ Card is equivalent to the lower of (i) Twelve Pesos (Php 12.00), and (ii) the applicable minimum fare, with a maximum load amount of Ten Thousand Pesos (P10,000.00). The beep™ Card balance can be checked using beep™ balance inquiry facilities.
8. CARD RELOAD - The Card can be reloaded by the Cardholder, the Purchaser, or by a third party, with additional value at any time through over-the-counter at BPI/BPIFSB branches as long as it has not yet expired and the Maximum Card Value has not been exceeded. The maximum amount that can be loaded per day is the difference between the Maximum Card Value and the balance of the Card. Funds transfer from an existing deposit account to the Card can also be done thru: (i) BPI Phone Banking (889-10000) (ii) BPI Online (http://online.bpi.com.ph/ ) (iii) all BPI ATMs nationwide (iv) BPI Mobile App, and (v) all BPI Cash Accept Machines. The actual time of crediting of the load will depend on what channel was used to reload. Some channels may also require pre-enrollment or encoding of passwords, security numbers, or codes before reloading can be done. The Aggregate Monthly Load Limit per Card is as follows;
Aggregate Monthly Load Limit (Per BSP Circular 649 or BSP Approval)
BPI ePay MC, BPI ePay Visa and Amore Visa Prepaid Card
Five Hundred Thousand Pesos (Php 500,000.00)
In case a Cardholder holds several Cards, the total amount loaded in all such Cards shall be consolidated in determining compliance with the Aggregate Monthly Load Limit. Only cash and its equivalent (e.g. fund transfer from a deposit account) shall be accepted for loading value into the Card. BPI reserves the right, without notice and without liability, to deactivate Cards exceeding the load and balance limit. No checks shall be accepted for loading value into the Card.
9. PERSONAL IDENTIFICATION NUMBER (PIN) – If Card has a PIN feature, Cardholder agrees to personally nominate his/her own PIN promptly upon release of the Prepaid Card and its prenominated PIN. Cardholder acknowledges that his/her personalized PIN is known only to him/her, not by anyone else, even by BPI. Cardholder is required to keep his/her PIN confidential at all times and not to disclose his/her PIN to anyone. All transactions processed through the use of the Prepaid Card and the PIN shall be binding on the Cardholder.
10. CHARGING OF INACTIVITY FEE – Charging of inactivity fees shall apply to unexpired and expired retail Cards (Amore Visa Prepaid payWave, Amore Visa Prepaid beep, ePay Mastercard Retail, ePay Visa Retail, ePay Gift Retail, My ePrepaid Mastercard, More Fun Visa, Express Cash Retail and Express Gift Retail) that have not been used or are inactive for at least six (6) months. Inactive refers to no financial activity on the Card -- loading, usage and withdrawal. The Cardholder agrees that BPI shall deduct P40 every month from his/her remaining load balance beginning on the 7th month and thereafter, whether the Card is renewed or not. Counting of inactivity will start on January 2021 and charging of the inactivity fee will be effective on July 2021.
11. REFUND OF THE CARD BALANCE – The Cardholder is allowed to request for a refund of the card load value for his/her Card at any time, subject to payment of applicable fees and charges listed in Prepaid Table of Fees found in the BPI websites which will be deducted from the requested refund load amount. The refund load amount can only be issued via (i) Manager’s Check or (ii) crediting to BPI/BFB Deposit Account under the name of the Cardholder.
12. EXPIRY AND RENEWAL OF THE CARD - Unless earlier terminated by BPI, or voluntarily blocked, cancelled or returned by the Cardholder, the Card shall be valid from the day of issuance or renewal of the Card up to the last day of the month indicated on the face of the Card (the “expiry date”). Only the Cardholder may request for the renewal of the Card, which should be accomplished within One Hundred Twenty (120) days from Card expiry date thru: (i) calling 24-hour BPI Contact Center (+632) 889-10000, subject to Positive Identification (PID) or (ii) any BPI branch. The Cardholder must accomplish all requirements set by BPI at the time of request for renewal. BPI has the right whether to approve or deny the renewal request. The Cardholder agrees that any remaining load balance to be transferred upon renewal shall be subject to applicable service fees.
Generic/nameless Card, however, are not renewable and shall automatically expire on their expiry date. Cardholder/Purchaser may apply for a new card online.
13. LOSS OF THE CARD - A lost Card is like lost cash. Upon discovery of the loss of the Card, the Cardholder should immediately call 889-10000 or if abroad, BPI toll-free numbers listed on www.bpi.com.ph/contactus. After it has received a report of the loss of the Card, BPI shall proceed to block the further use of the Card. Cardholder may request reimbursement of unused load value in the Card after Ninety (90) days from report of loss. Reimbursement can either be, at BPI’s option, in the form of a Manager’s Check made payable to the Cardholder or a replacement Card, both of which shall be subject to service fees*. Losses due to the use of a lost/stolen Card before the loss or theft has been reported and the blocking completed shall be for the account of the Cardholder.
14. REPLACEMENT OF DAMAGED CARDS - BPI shall replace a damaged Card for free if it still has its full ORIGINAL load value and HAS NOT BEEN USED for any transaction. In the event the damaged Card has less than its original value and/or has already been used by the Cardholder for any transaction, BPI shall issue a replacement Card with value equal to the remaining balance of the damaged Card, subject to Cardholder's payment of service fees*. The replacement Card can be claimed Five (5) banking days, for nominated Greater Metro Manila Area (GMMA) branches, and Seven (7) banking days, for nominated non-GMMA branches including Visayas and Mindanao, from receipt by BPI of the replacement request.
15. STATEMENT OF ACCOUNT – BPI is not obligated to send Cardholder statements of itemized transactions of the Card. Cardholder may check the balance of the Card through (i) BPI Online (ii) 889-10000, and (iii) ATM if the Card has a PIN. Cardholder may also review his/her card transactions for the month at http://online.bpi.com.ph/ if the Cardholder is enrolled in BPI Online.
16. CARD TRANSACTION DISPUTES – Any disputed BPI Prepaid Cards transaction shall be subject to an investigation by BPI, which may include among others, further verification of transaction records and confirmation with Cardholder and/or the network or merchant. After appropriate investigation, BPI is, hereby, authorized to automatically, without need of any further notice, act or deed, debit/credit the Account and the merchant’s account in accordance with the results of the said investigation.
Any BPI Prepaid Cards transaction dispute must be filed within sixty (60) calendar days from transaction date. The dispute shall be resolved in accordance with Mastercard/Visa/BancNet chargeback/dispute processes and procedures.
17. SETTLEMENT OF FINANCIAL LOSSES - Financial losses of the Cardholder arising from proven security breaches, system failures, or errors committed by BPI or any BPI personnel relating to the Card’s transactions shall be settled by automatic credit to the Card. If the Cardholder wishes to discontinue using the Card, BPI shall issue a Manager’s Check made payable to the Cardholder equivalent to the unused load. Settlement of losses shall only be done after investigations conducted by BPI and/or its affiliates.
18. SERVICE CHARGE AND OTHER FEES - The Cardholder and the Purchaser recognize the right of BPI to impose charges, such as, service fees, loading fees, and other fees on any or all of its products, services, and facilities. The Cardholder and/or Purchaser agree to pay such service fees and charges presently imposed or may hereafter be imposed by BPI at the latter's option. The applicable fees and charges for the relevant products, services and facilities are set out in BPI's website. BPI reserves the right to revise the service fees and charges from time to time, subject to compliance with legal and regulatory requirements.
19. UNCLAIMED CARDS – Upon application, the Card can be claimed within Five to Seven (5-7) banking days, for nominated Branches in GMMA, and Seven to Ten (7-10) banking days, for nominated Branches in non-GMMA including Visayas and Mindanao. Any Card unclaimed after Thirty (30) days from the time of delivery to the nominated Branch shall be perforated for security reasons. Any Cardholder and/or Purchaser who fails to claim his/her Card within such prescribed period shall be required to purchase a new one.
20. COMPLIANCE – By signing these Terms and Conditions or by using the Card, the Cardholder and Purchaser represent and warrant to BPI that his/her use of the Card, including but not limited to the transfer and/or receipt of funds using the Card and the available channels for the Card, do not and will not violate Republic Act No. 9160 (Anti-Money Laundering Act of 2001), as amended, as well as other applicable laws, rules, or regulations such as (but not limited to) those relating to anti-money laundering and the use of electronic money. The Cardholder further agrees that he/she shall be responsible for any liability, damage, suit, or action which may arise from his/her violation of any applicable laws, rules and regulations. Moreover, BPI may, upon reasonable suspicion of fraud irregularity, or anomaly involving the Card, or upon discovery or determination of violation of these Terms and Conditions or any applicable law, rule or regulation, immediately block or suspend or terminate the use of the Card, with or without notice.
21. CUSTOMER SERVICE - For any inquiries and concerns, Cardholder may send a message through www.bpi.com.ph/contactus or call the 24-hour BPI Contact Center at (+632) 889-10000 or its Domestic Toll Free hotline at 1-800-188-89100, or visit any BPI branch. BPI will provide timely feedback after it records and investigates such issue, concern, and clarification raised. Cardholder agrees to fully cooperate in any investigation to be conducted in relation to his/her complaint by providing BPI the required information and documents. BPI is regulated by the Bangko Sentral ng Pilipinas (BSP) https://www.bsp.gov.ph.
22. RIGHT OF SET OFF – Effective upon his/her failure to pay his/her obligation arising from the use of the Card, the Cardholder do hereby assign and transfer to BPI, without need of demand, and by these presents have assigned and transferred to BPI, any monies, securities, properties (real or personal) and things of value which are now or may hereafter be in the possession, custody or control of BPI or any member of the BPI Group of Companies or any of their subsidiaries or affiliates, on deposit or collateral or otherwise, to the credit of and belonging to the Cardholder. For this purpose, the Cardholder does hereby consent, authorize, appoint and irrevocably constitute, and by these presents have appointed and constituted, BPI or its duly authorized representative, as ATTORNEY-IN-FACT with full power and authority to inquire about, to assert its lien or legal claim on such monies, securities, properties (real or personal) and things of value which are now or may hereafter be in the possession, custody or control of BPI or any member of the BPI Group of Companies, or any of its subsidiaries or affiliates, and/or to sell at public or private sale and to apply the same, in whole or in part, to such obligations. In the absence of such monies, securities, properties (real or personal) or things of value, or if the Cardholder’s total obligations exceed the proceeds of the sale, the Cardholder hereby agrees to assign and deliver any deposit or funds the Cardholder may have with any other bank or financial institution to the extent of said Cardholder’s obligations to BPI. For this purpose, the Cardholder does hereby consent and authorize said bank or financial institution to disclose to BPI or its duly authorized representative any information relative to any deposit/placement the Cardholder may have with any such bank or financial institution.
23. TERMINATION BY BPI – In the event (i) Cardholder fails to comply with any of the Terms and Conditions governing the use of the Card as determined by BPI, or (ii) Cardholder fails to observe any of the terms and conditions of any document or agreement which the Cardholder executed in connection with any loan and/or credit facility granted, or any product or service extended by, BPI or any member of the BPI Group of Companies or any of its subsidiaries or affiliates, or (iii) the Card is not renewed, or (iv) in case of closure by BPI or any member of the BPI Group of Companies, of Cardholder's deposit account/s in accordance with the terms and conditions governing said deposit account/s, or (v) Cardholder dies or is separated from employment, or (vi) Cardholder becomes bankrupt, insolvent, or undergoes receivership, or his/her property(ies) is/are levied on execution, garnished or attached, or (vii) Cardholder is convicted by final judgment of a criminal offense carrying with it the penalty of civil interdiction, or (viii) any of the cases covered by Article 1198 of the New Civil Code (however evidenced) occur, or (ix) Cardholder is charged with, convicted of or under investigation by competent government authority for violation of Republic Act 8484 otherwise known as the "Access Devices Regulation Act of 1998", or (x) Cardholder defaults in the performance of any obligation, covenant, or condition under any agreement for borrowed money with any third party by which he/she or any of his/her assets may be bound, the right to use the CARD may forthwith be terminated by BPI with or without notice and the total obligations of the Cardholder to BPI shall immediately become due and payable, without the necessity of notice or demand, which Cardholder waives. In case of termination by BPI pursuant to this Section, BPI is entitled to exercise the appropriate rights and remedies provided under these Terms and Conditions and shall not in any way be responsible for any liability, claim or demand of whatever kind and nature in connection with or arising from the termination of the Card.
24. UPDATE AND CHANGE OF CONTACT DETAILS AND CARDHOLDER INFORMATION – Cardholder shall update annually or whenever required by BPI, his/her contact details such as residence, office and/or mailing address, telephone numbers and/or electronic mail address, civil status, and such other data previously indicated in the Card application (the “Contact Details and Cardholder Information”). Cardholder shall likewise notify BPI immediately, in writing, of any change in Contact Details and Cardholder Information. The Cardholder agrees to hold BPI free and harmless from any liability arising from Cardholder's failure to update his/her contact details or from any communication/correspondence/parcel being viewed and/or accessed by any person other than the Cardholder.
25. AMENDMENTS - BPI may, at any time and for whatever reason it may deem proper, amend, revise, or modify these Terms and Conditions. Any such amendment shall bind the Cardholder and Purchaser upon date of effectivity as specified in the notice. If the Cardholder or Purchaser objects or is not amenable to any such amendments, revisions or modifications, the Cardholder agrees to terminate the use of the Card within Fifteen (15) days from notice of the amendment, revision or modification. Failure of the Cardholder to notify BPI of its intention to terminate the use Card within the prescribed period shall be construed as acceptance by the Cardholder and Purchaser of the amendments to these Terms and Conditions.
26. INDEMNITY AND LIMITATION OF LIABILITY – Cardholder and Purchaser agree to hold BPI and the Bank, their successors and assigns, and their respective directors, officers, employees, authorized representatives, agents, service providers, free and harmless from and against any and all liabilities, causes of action or suits of whatever kind and nature, claims, disputes, losses, damages, costs, fees, and expenses that may arise as a result of or in connection with these Terms and Conditions or the use or misuse of the Card.
In the event of any action which Cardholder and Purchaser may file against BPI for any cause whatsoever, to the maximum extent allowed by applicable law, BPI’s total liability, if any, arising out of, or in connection with, these Terms and Conditions shall not exceed 50% of the Card balance.
The above indemnity and limitation of liability do not apply to loss or damage which the Cardholder and Purchaser have proven to have actually incurred or suffered and is solely and directly caused by the gross negligence or willful misconduct of BPI.
To the maximum extent allowed by applicable law, in no event shall BPI be liable for any special, consequential, exemplary or indirect damages suffered by the Cardholder and Purchaser including, but not limited to, lost opportunities or lost profits.
The foregoing provisions shall survive termination, cancellation or suspension of the Card or right to use the Card.
27. DISCLAIMER OF WARRANTIES – Except as set out in these Terms and Conditions, all warranties, conditions and other terms, whether express or implied by law or statute, are excluded from these Terms and Conditions. BPI do not represent or warrant to the Cardholder and Purchaser that the Card: (i) will meet his/her requirements; (ii) will be uninterrupted, timely, secure or free from error; and (iii) will be accepted or honored at all merchant establishments. BPI may decline to process any purchase without prior notice to the Cardholder or Purchaser or the relevant merchant. The Cardholder and Purchaser fully understand the corresponding risks attendant to Prepaid Cards.
28. CONSENT TO PROCESSING AND DISCLOSURE OF INFORMATION - The Cardholder and the Purchaser acknowledge and agree that updated information relating to each of them, their respective transactions, business and credit relationships, deposit account(s) or account information or records, provided by the Cardholder or the Purchaser or made available to or in the possession of BPI or any of the BPI Group of Companies (collectively, the “Information”) may be collected, obtained, used, stored, consolidated, processed, profiled, benchmarked, disclosed, and shared to by BPI or any member of the BPI Group of Companies, or by and between BPI and another member of the BPI Group of Companies, or by an among BPI and other members of the BPI Group of Companies, for any or all of the following purposes (the “Purposes”):
(1) To approve, manage, facilitate, administer, implement and provide the products, services, transactions and facilities availed and/or selected by the Cardholder and the Purchaser;
(2) To comply (i) with BPI’s and/or the relevant member of the BPI Group of Companies’ operational, audit, administrative, credit and risk management processes, policies and procedures, (ii) these Terms and Conditions and the Other Terms and Conditions governing BPI’s Products, Services, Facilities and Channels,(iii) the Bangko Sentral ng Pilipinas (BSP) rules and regulations, and (iv) 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;
(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 the implementation of know your customer and sanction screening checks;
(4) To develop and enhance 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, 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 BPI or any member of the BPI Group of Companies or by third parties with which BPI 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 BPI 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 Terms and Conditions, "BPI Group of Companies" means, collectively, Bank of the Philippine Islands (BPI) and its Affiliates and their respective subsidiaries and affiliates, such as, but not limited to 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. The term, "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 of 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.
(6) To carry out, fulfill and complete the transactions authorized by the Cardholder or the Purchaser in connection with BPI’s delivery and performance of products, services, facilities and channels and these Terms and Conditions.
Pursuant to the relevant Purpose(s), BPI may share and disclose the 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 BPI’s 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 the Cardholder or Supplementary;
(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 the Cardholder’s or the Purchaser’s 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 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 the Cardholder or the Purchaser (the “Outsourced Service Providers”);
(viii) to representatives, agents or service providers engaged by BPI, 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 BPI or any member of the BPI Group of Companies or the Credit Entities, if applicable, or the Outsourced Service Provider may engage or contract with to facilitate or carry out any or all of the foregoing Purposes.
The foregoing constitutes the express consent of the Cardholder and the Purchaser under the applicable bank secrecy, confidentiality and data privacy laws of the Philippines and other jurisdictions and the Cardholder and the Purchaser 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 by the Cardholder and the Purchaser under these Terms and Conditions, subject to the provisions of Section 26 (Indemnity and Limitation of Liability).
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 the Cardholder’s and the Purchaser’s written consent for purposes of such applicable laws. Any agreement between the Cardholder or the Purchaser and BPI or any member of 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 these Terms and Conditions.
29. OFFER TO PARTICIPATE IN PROMOS – Cardholder and Purchaser hereby authorize BPI and its partner institutions to offer participation in promotional offers, surveys or such other similar programs by communicating to Cardholder and Purchaser in writing, or by electronic mail, or by facsimile transmission, or by short messaging service (SMS), or by such other electronic transmission which BPI, at its option, considers appropriate and effective, or through other BPI channels or any one of them including posting in BPI’s website. The Cardholder and Purchaser also consents to receiving communication regarding product updates, advertisements and other announcements regarding the BPI Prepaid Cards and on any product, service, or facility of BPI.
In the event the Cardholder no longer wants to participate in any product, business or customer offerings or promos of BPI and/or any of its Affiliates, or in any Marketing Initiative, as provided under these Terms and Conditions, he/she must inform BPI by calling the 24-hour BPI Contact Center at (+632) 889-10000 clearly stating said intention. Should Cardholder wish to renew his/her participation in any such product, business and customer offerings or Marketing Initiative, he/she may call the 24-hour BPI Contact Center at (+632) 889-10000 indicating his/her agreement to participate in BPI's and its Affiliates' product, business and customer offerings and Marketing Initiative.
30. SEPARABILITY CLAUSE – The enforceability and validity of these Terms and Conditions, 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 cause.
31. NON-WAIVER OF RIGHTS – No failure or delay on the part of BPI in exercising any right or power hereunder shall operate as a waiver thereof nor shall any partial or single exercise of any such right or power preclude any further exercise thereof or the exercise of any other right or power thereunder. No waiver by BPI 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 BPI under these Terms and Conditions, by law or otherwise shall be cumulative and not alternative.
32. ASSIGNMENT/TRANSFER OF RIGHTS – All rights and interests of BPI under these Terms and Conditions may be assigned or transferred by BPI without the consent of the Cardholder or the Purchaser.
33. GOVERNING LAW AND VENUE – These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of the Philippines. Venue of all suits directly or indirectly arising from the relationship between the parties herein, shall be in the proper courts of Makati City, Philippines or in other courts in the Philippines where BPI has a branch or office.
34. DATA PRIVACY STATEMENT – In the course of providing the services contemplated under these Terms and Conditions, BPI will be collecting information (including personal information) relating to the Cardholder and the Purchaser. BPI’s Data Privacy Statement explains how BPI collects, protects, uses, shares and stores the personal information of the Cardholder and the Purchaser and is deemed incorporated herein by reference. To learn more about BPI’s Data Privacy Statement, Cardholder and Purchaser may visit BPI’s website. The Cardholder's continued access into BPI's network of websites or use of the Card will constitute acceptance of the BPI Data Privacy Statement as the same may be revised or updated from time to time. In the event the Cardholder or the Purchaser submits any information about an individual (including personal information) to BPI, the Cardholder or the Purchaser, as the case may be, represents and warrants that all necessary authorization and consent as may be required in compliance with applicable confidentiality and data privacy laws have been obtained to enable BPI to use and process such information.
Bank of the Philippine Islands is regulated by the Bangko Sentral ng Pilipinas (BSP) https://www.bsp.gov.ph.
35. MASTERCARD AUTOMATIC BILLING UPDATER (ABU) – The Cardholder authorizes BPI to automatically enroll his/her Mastercard-branded Prepaid Cards such as BPI ePay MC & BPI ePay Gift to Mastercard’s ABU service and to share changes to his/her prepaid card information to participating Mastercard accredited merchants the Cardholder is enrolled to for card-on-file transactions (recurring payments). Mastercard ABU is a service of Mastercard which aims to avoid transaction declines due to changes in the Cardholder’s prepaid card information arising from card replacement (lost or damaged cards) or renewal (expired cards), by updating his/her enrolled merchants of changes to his/her BPI Prepaid Card information. The Cardholder may opt to unenroll to Mastercard’s ABU by visiting any near BPI branch or by calling the 24-hour BPI Contact Center at (+632) 889-10000.
36. OTHER TERMS AND CONDITIONS – The reminders and other provisions contained in the Card, charge slips, Card carrier, other Card documents, related instruments or documents, such other rules and regulations promulgated by BPI from time to time relating to the use of the Card, as well as the Terms and Conditions of the Bank of the Philippine Islands governing PRODUCTS, SERVICES, FACILITIES, AND CHANNELS (collectively, the "Other Terms and Conditions"), are made integral parts of these Terms and Conditions by reference and shall likewise be resorted to in instances where they are applicable. It is agreed that these Terms and Conditions, as well as the aforementioned Other Terms and Conditions, constitute the agreement between BPI and the Cardholder and the Purchaser and shall govern the use of the Card(s) issued hereunder. The Cardholder and Purchaser agree to any and all supplement(s), modification(s), or amendment(s) to such terms and conditions, notices of which shall be posted in BPI’s premises, website, or any other channel available to BPI.
Any alteration, amendment, exception, reservation or scribbling herein made by the Cardholder in the Other Terms and Conditions, not duly approved in accordance with BPI’s appropriate procedures, shall not be valid and binding upon BPI.
The Cardholder’s and the Purchaser’s signature on the Application form, or the Cardholder’s signature on the Card, or the Cardholder's use of the Card, or the Cardholder's receipt of the Card from the Purchaser (if Cardholder is not the Purchaser), constitutes Cardholder's and Purchaser’s agreement to and acceptance of these Terms and Conditions as well as the Other Terms and Conditions.
The applicable fees and charges shall be published at BPI's website at Client Updates portion, as the same may be amended or revised from time to time, and shall form an integral part hereof. The Cardholder and/or Purchaser may view new or revised charges or fees through any of the following: (i) www.bpi.com.ph ; (ii) www.bpicards.com.ph ; or (iii) such other communication channels as available to BPI.
Date updated: August 2, 2023
Date of effectivity: December 11, 2023