The Terms and Conditions provided herein shall govern the Cardholder’s use of the BPI DOS Credit Card (“Card”) of Bank of the Philippine Islands (the “Bank”). By using the Card, the Cardholder agrees to be bound by these Terms and Conditions.
1. Definitions
I. “Bank” means Bank of the Philippines Islands, its successors and its assignee.
II. “Card Account” means the credit card account opened by the Bank for the purpose of entering all credits received and debits incurred by the Cardholder through the Card. under these Terms and Conditions.
III. “Card” means, as appropriate, a Mastercard credit card, issued by the Bank and includes the Primary Card and any Supplementary Card. When the context requires, the term shall also mean the numbers indicated on the Card.
IV. “Cardholder” means an individual to whom a Card bearing that individual's name is issued by the Bank and includes the Primary Cardholder and when the context requires, any Supplementary Cardholder.
V. “Card Transaction” means the purchase using the Card for goods, services, benefits and/or reservations (including without limitation any reservation for air, ship, rail, motor or other transportation, or hotel or other lodging or accommodation, whether or not utilized by the Cardholder) by any other manner, including, without limitation, by mail, telephone, or facsimile orders, regardless of whether a sales slip or receipt or other voucher or form is signed by the Cardholder.
VI. “Charges” means the amounts payable by the Cardholder for the use of the Card. The term includes without limitation, interests, fees, additional expenses, damages, legal costs and disbursements, and other non-refundable fees and applicable charges.
VII. “Credit Limit” means the maximum amount (for purchases, card installment plan, and finance charges, service fees, penalties, and other charges) permitted by the Bank for the Card Account for the Primary Cardholder and any Supplementary Cardholder. The Bank reserves the right to increase or decrease the Credit Limit upon verbal or written notice to the Cardholder. The Cardholder has the option to decline the increase to his credit limit upon verbal or written notice to the Cardholder.
VIII. “Current Balance” means all amounts outstanding on a Card Account, including all amounts incurred by the use of the Cards (including Supplementary Cards) but not yet charged to the Statement of Account.
IX. “Deposit” means the cash deposit maintained with the Bank as security for the performance of the Cardholder's obligation under these Terms and Conditions.
X. “Card Installment Plan” shall have the meaning assigned to that term in Clause 5.
XI. “Card Installment Plan Installment” means the monthly installment amount due pursuant to the terms of the relevant Card Installment Plan.
XII. “Card Installment Plan Term” means the number of months indicated, chosen, or agreed to by the Cardholder on purchase date, within which the goods/services purchased under the Card Installment Plan must be paid in full.
XIII. “Guarantee” means a guarantee issued by a financial institution acceptable to the Bank, in favor of the Bank and in form, substance and amount satisfactory to the Bank, as security for the performance of the Cardholder's obligations under these Terms and Conditions.
XIV. “Merchant” means any natural or juridical person or other establishments supplying goods and/or services, who accept the Card as a mode of payment or reservation by the Cardholder.
XV.“Minimum Amount Due” is computed as follows.
Statement Balance multiplied by Minimum Amount Due Rate in accordance to Clause 4 (XXIII); plus
o Membership Fee (if any);
o Past Due Amounts (if any); and
o Overlimit Amounts (if any).
Cardholder is required to pay at least the Minimum Amount Due on or before the payment due date. Failure to pay to pay at least the Minimum Amount Due shall result in imposition of finance charges, additional interest, and penalty fees.
XVI. Finance Charges
Finance Charges, also referred to as interest charges, will apply to any unpaid portion of the Statement Balance if it is not settled in full by the Payment Due Date. The Finance Charge is computed based on the daily balance method, which applies the daily interest rate to the outstanding balance on each day of the billing cycle. For Cardholder who make minimum or partial payment in the prior month, finance charge will be imposed on the unpaid balances (except for late fee, and applicable tax) and for all new retail transactions from the date of posting. The Finance Charge will continue to apply to the remaining balance until the debt is fully repaid.
The following terms apply to the calculation of Finance Charges:
a. Daily Balance: This is the balance of the account at the end of each day, including any new transactions, fees, and previous balances that have not been paid.
b. Daily Interest Rate: The applicable interest rate is divided by 365 to determine the daily periodic rate （366 for leap year）. The Daily Balance is multiplied by this rate to determine the Finance Charge for each day.
c. Interest Calculation: The Finance Charge for the billing cycle is the sum of the daily Finance Charges calculated throughout the billing period.
d. Applicable Interest Rates: The Bank may vary the applicable interest rates from time to time, and any such change will be communicated to the Cardholder through the Statement of Account or other reasonable means as determined by the Bank.
The Finance Charge will be reflected in the monthly Statement of Account and is part of the minimum amount due. Interest rates and finance charges are subject to change in accordance with the provisions of these Terms and Conditions.
XVII. “Overpayment” means payment by the Cardholder in excess of the Current Balance.
XVIII. “Payment Due Date” means the date specified in the Statement of Account by which date, payment of the Statement Balance or any part thereof or the Minimum Amount Due is to be paid to the Bank.
XIX. “Primary Cardholder” means a Cardholder for whom the Card Account was first opened by the Bank other than a Supplementary Cardholder.
XX. “Security” means the Deposit and/or the Guarantee and/or the cheque submitted in accordance with Clause 5 (XIX).
XXI. “Statement Balance” means the total balance (inclusive of all Charges) outstanding on the Card Account payable to the Bank according to the Bank's records as of the date of the Statement of Account.
XXII. “Statement of Account” means the Bank's monthly or other periodic statement sent to the Cardholder showing details of the Statement Balance.
XXIII. “Supplementary Card” means the Card issued to a Supplementary Cardholder.
XXIV. “Supplementary Cardholder” means a person nominated by the Primary Cardholder and approved by the Bank for a Supplementary Card.
XXV. Unless the context requires otherwise:
(a) Words denoting one gender shall include the other gender;
(b) Words denoting the singular shall include the plural and vice versa;
(c) Words importing persons shall include a sole proprietor, a partnership, a company, a corporation, or any other natural or juridical person whatsoever.
2. The Card
I. The Cardholder shall pay membership fee, either annually or monthly, billed on the anniversary of the account issued date in such amounts as may be fixed and announced by the Bank. Renewal and/or reinstatement of the Credit Card shall be at the Bank's exclusive option. All paid membership fees are non-refundable even if the credit privileges are suspended or terminated, or if the Credit Card is surrendered by the Cardholder before the expiry date.
II. The Card may either be:
(a) Picked-up from the Bank by the Cardholder or an authorized representative designated by the Cardholder, or
(b) Sent by post or courier to the address provided by the Cardholder to the Bank. Any loss in connection with delivery under 2(II) shall be for the account of the Cardholder.
III. Upon receipt of the Card, the Cardholder shall sign the Card immediately and such signature and/or use of the Card will constitute conclusive evidence of the agreement of the Cardholder to be bound by these Terms and Conditions (notwithstanding any lack of notice on the part of the Bank of the Cardholder's receipt of the Card).
IV. In the event the Cardholder does not wish to be bound by these Terms and Conditions, the Cardholder shall advise the Bank through their Contact Center at (+632) 889-10000 or email c3@robinsonsbank.com.ph. Clause 11 hereof shall henceforth be operative.
V. The Card is not transferable and shall be used exclusively by the Cardholder. The Cardholder shall not allow the Card to be used by any other person. The Cardholder shall not use or allow any person to use the Card as security or collateral for any purpose.
VI. The Cardholder shall at all times ensure that the Card is kept in a safe place.
3. Use of the Card
I. The Card may be used for Card Transactions:
(a) within the Credit Limit, and
(b) until its expiry date.
II. If the Cardholder loses or damages his Card or requires renewal or replacement of the same, or if the Cardholder wishes to be issued additional Cards, the Bank may at its discretion issue such Cards as the Cardholder may request.
III. The Cardholder undertakes to act in good faith at all times in relation to all dealings with the Bank.
IV. Notwithstanding any provisions in these Terms and Conditions to the contrary, the Bank shall have the sole discretion, at any time and for any cause, without notice and without obligation to disclose the reason therefor, and without liability to the Cardholder, to restrict and/or deny the Cardholder's right to use the Card or to refuse the approval of any Card Transaction.
V. The Cardholder shall and undertakes not to exceed the Credit Limit unless prior approval is obtained by the Cardholder from the Bank. An overlimit will be charged per billing cycle if the Cardholder's balance exceeds the assigned Credit Limit. Furthermore, any amount that will exceed the Credit Limit shall be paid in full. The balance may include all purchases (retail or installment), fees and other charges.
VI. The Cardholder and the Cardholder’s Supplementary Cardholder(s), if supplementary card(s) is/are availed by the Cardholder pursuant to Clause 8 hereof, shall be liable to pay all purchases (retail or installment) and all charges, including, but not limited to, the non-refundable fees, charges and taxes required by the government, made and imposed through the use of the principal and supplementary card(s), if applicable, without necessity of proof of a signed charge slip or other documents. In case of corporate accounts, the company and its authorized representative(s) shall be jointly and severally liable for the payment of the same, without necessity of proof of a signed charge slip or other documents, whether or not the same were incurred for the company. Said obligation shall continue in case the Credit Card is renewed or reinstated by the Bank, even without the written conformity of, or notice to the Cardholder and despite the suspension or termination of the Credit Card.
VII. The Supplementary Cardholder shall be jointly and severally liable for all the availment, and charges made by the Cardholder using the Credit Card.
VIII. The Supplementary Cardholder, or the authorized representative(s) in case of corporate accounts, shall automatically become a surety, who shall be jointly and severally liable with the Cardholder herein and in all renewals hereof. Notwithstanding the foregoing and at the Bank's request, the Cardholder shall furnish surety(ies) acceptable to the Bank, who shall be jointly and severally liable with the Cardholder and/or the Cardholder’s Supplementary for all the obligations and charges herein and in all renewals hereof, incurred through the Credit Card and the supplementary card(s). In the event the surety(ies) furnished by the Cardholder are discharged, if required, the Cardholder must furnish new surety(ies) acceptable to the Bank within thirty (30) calendar days from discharge. Failure to do so shall constitute prima facie evidence of intent to defraud on the part of Cardholder and the Cardholder’s privileges shall be automatically terminated. It is agreed that the surety(ies) can be discharged by the Bank only when the Current Balance and all identified fees and charges have been fully paid.
IX. The Cardholder, including his/her Supplementary Cardholder(s), agrees not to use the Card for the purchase of items/goods the importation into the Philippines of which is subject to the provisions of the Manual of Regulations on Foreign Exchange Transactions and all other circulars, laws, rules and regulations pertaining to importation The Cardholder further warrants that he shall not use his credit card account nor settle his credit card obligations in violation of the Republic Act No. 9160, otherwise known as the Anti-Money Laundering Act of 2001 as amended by Republic Act Nos. 9194, 10167, 10365, and 10927, and its Implementing Rules and Regulations. The Cardholder agrees to update his personal information at least once every three (3) years, or whenever there is a material change in his personal information.
X. The Cardholder is, at all times, solely responsible for the security of his Card, especially when using the Card to purchase goods and/or services through online internet sites or portals. The Cardholder agrees that the entry of his card information on the internet is sufficient proof that instructions were given for the use of the Card and that the Bank is not required to verify the identity or the authority of the person entering the Card information. The Bank, however, may choose not to carry out any transactions over the internet if it has any reason to doubt its authenticity or, if, in its opinion, it is unlawful or otherwise improper to do so, or for any other reason.
4. Payment
I. The Cardholder agrees to pay to the Bank an annual fee at such amount as may be prescribed by the Bank.
II. The Cardholder agrees to pay all Charges, including Charges on the Supplementary Card(s), if applicable.
III. The Cardholder shall pay the Statement Balance not later than the Payment Due Date. If the Cardholder elects not to pay the entire Statement Balance, the Cardholder shall pay the interest as provided under Clause 4 (VI) hereof.
IV. The Cardholder shall pay the Minimum Amount Due not later than the Payment Due Date.
V. If the Cardholder fails to pay at least the Minimum Amount Due by the Payment Due Date, the Cardholder shall pay a Late Payment Fee (LPC). Such unpaid amount must be settled immediately. The same unpaid amount, including any charges thereon, shall be added to the next Statement of Account's Minimum Amount Due.
If the Minimum Amount Due is still not fully settled within 90 days from the Cardholder’s Due Date, then:
(a) All Charges shall become due and demandable; and
(b) The Cardholder shall pay interest on the entire unpaid amount at the applicable monthly interest rate, as notified to the Cardholder from time to time. When allowed by law, if the Card Account reaches 60 days past due, the Cardholder shall pay an additional LPC per month until payment is received in full.
VI. If the Cardholder pays the Bank an amount less than the Statement Balance by the Payment Due Date or, if payment is made but after the Payment Due Date, interest will be applied to the Statement Balance until payments are credited to the Card Account and thereafter on the reduced balance. Interest or Finance Charge is computed based on the outstanding balance as of Statement Date. This amount is reflected on the Statement of Account as part of the charges. The interest rate shall be in accordance with Clause 4 (XXIII). However, the Bank reserves the right to vary the interest rate for certain customer segments as it sees fit. Changes in interest rate, if any, will be communicated to the Cardholder via statement message in the Statement of Account and/or other means deemed effective by the Bank.
VII. All payments received by the Bank from the Cardholder may be applied in the following order of payment or such other order of priority as the Bank may determine, from oldest to latest:
(a) Past due interest
(b) Finance Charge from previous month
(c) Non-interest fees and charges from previous month
(d) Past due amount
(e) Overlimit
(f) Retail purchases and CIP installment from previous month
(g) New Non-interest fees and charges for the month
(h) New Retail purchases and CIP installment for the month
(i) Such other amount as may be due or payable to Bank
VIII. All payments to be made by the Cardholder to the Bank must be received by the Bank in full on the Payment Due Date in immediately available funds and in the currency specified by the Bank and without set-off, counterclaim, deduction, or withholding (including on account of any tax) unless deduction or withholding is required by law.
IX. If a law requires the Cardholder to deduct or withhold any tax from a payment to the Bank, the Cardholder must increase the amount payable so that, after making the deduction or withholding, the Bank receives the amount it would have received if no deduction or withholding had been required. The Cardholder agrees to deduct the amount for the tax, pay that amount to the relevant authority in accordance with applicable law, and provide the Bank the original receipts within a reasonable period. The Cardholder shall indemnify and hold the Bank free and harmless from any and all claims, damages, and costs arising from his/her failure to remit the tax due the relevant taxing authority.
X. All payments to be made by the Cardholder are calculated without regard to any withholding tax, goods and services tax, consumption tax, value added tax, or any tax of similar nature. If any of these types of taxes is payable in connection with the payment, the Cardholder must pay the Bank the amount equal to the payment and the amount of tax due. The Cardholder must do so at the same time as making the payment.
XI. The Bank shall be entitled at its sole discretion to vary the rate or method of calculation of the annual fees, interest, handling charges, additional charges, the Minimum Amount Due, late payment charges, or any other charges. All payments made by the Cardholder shall be in the billing currency of the Card Account. Payment in any other currency shall not be allowed.
XII. Card transactions in foreign currency are converted to Philippine Pesos based on Mastercard International rates on the day the item is posted on the Card Account and are further subject to a currency conversion processing fee in accordance with Clause 4 (XXIII) on the converted amount, which is already inclusive of the Mastercard assessment fee.
XIII. Card transactions which include, but are not limited to, purchase of foreign currency or items, money orders, traveler’s cheques, or digital currencies, the transfer of funds from the credit card account to another party via wire transfer, transfers to deposit accounts, loading of some electronic purses and bills payment will be charged a Quasi Cash Fee on the transaction amount.
XIV. The Cardholder shall pay a handling charge for the replacement of the Card, which shall be billed to the Card Account as soon as the request for replacement is received by the Bank.
XV. The Cardholder shall also pay such additional charges as may be prescribed by the Bank from time to time for such additional services that the Cardholder may request and that the Bank may provide.
XVI. Without prejudice to the Bank's right at any time to take the appropriate legal action, the Bank may charge fees for any returned and unpaid checks drawn by the Cardholder in full or partial payment of any amount due under the Card Account. Further, the Bank reserves the right to re-deposit the dishonored checks, such as but not limited to, checks Drawn Against Uncollected Deposit (DAUD), Drawn Against Insufficient Funds (DAIF), and/or Post-Dated Checks (PDC), within a reasonable period of time, and without need of prior consent of the Cardholder.
XVII. The Cardholder hereby expressly agrees that it shall perform all its obligations in favor of the Bank whether arising from these Terms and Conditions or any other agreement, arrangement or facility extended by the Bank in favor of the Cardholder. In the event that the Cardholder fails to perform or shall commit a breach of, any such obligation, then the Bank may declare the whole outstanding balance on the Cardholder's Card Account to be immediately due and payable and the provisions of Clause 11 hereof shall be applicable.
XVIII. Payment should be made on or before due date. If the payment due date falls on a weekend or holiday, the banking day immediately succeeding said weekday or holiday shall be considered the due date. Any payment by check deposit shall be subject to clearing and collection and shall not have the effect of payment until the check has been cleared and the proceeds paid to, and received by, the Bank. Cash payments are regarded as having been received by the Bank only upon its credit to the Card Account.
XIX. The Bank may at any time demand that the Cardholder make a Deposit or constitute a Guarantee for the amount which the Bank may require.
XX. Non-receipt of a Statement of Account shall not be construed by the Cardholder to be sufficient reason for non-payment of dues in time. It is the responsibility of the Cardholder to regularly check his Statement of Account.
XXI. In case of refunds, the Bank will credit the Cardholder's Card Account with the amount of any refund only upon receipt of a properly issued credit voucher from a Merchant.
XXII. In the event the Cardholder avails of any insurance package that the Bank may offer, the insurance premiums will be automatically billed to the Cardholder's Card Account every renewal period.
XXIII. For the complete and updated list of the applicable fees and charges, please see the Table of Fees at www.bpi.com.ph/creditcards. The Bank reserves the right to change the fees and charges from time to time.
XXIV. Failure of the Cardholder to pay the Statement Balance or at least the Minimum Amount Due on the relevant Payment Due Date stated in the Statement of Account, or failure of the Cardholder to pay any other obligations (including interests, charges, taxes, such as but not limited to Value Added Tax (VAT) and other disbursements allowed by law) which the Cardholder may now or hereafter owe to the Bank or to any member of the BPI Group of Companies, whether singly or jointly with another, or as principal or as surety/guarantor, shall render Cardholder in default under these Terms and Conditions, without necessity of demand from the Bank which the Cardholder expressly waives. In case of default in his/her obligation as provided herein, the Cardholder agrees to perforate his/her Card and to pay, in addition to the interest and late charges aforementioned, the following additional charges, without prejudice, however, to the Bank’s other rights and remedies: (a) attorney’s fees of twenty five percent (25%) of the amount due if the account is referred to a lawyer or to a collection agency, (b) a service fee for every dishonored check issued by the Cardholder in payment of his/her account, (c) liquidated damages equivalent to twenty five percent (25%) of the unpaid amount, plus litigation expenses and judicial costs, if the payment of the account is enforced through court action, and (d) costs for demanding payment or advising cancellation of membership.
5. Card Installment Plan (CIP)
I. The Bank, at its discretion, may allow the availment of GoLighter, and/ or purchase of selected goods and services from accredited Merchants in the Philippines, to be charged to the Card, together with interest and other fees paid for by the Cardholder, on installment basis (the "Card Installment Plan " or "CIP").
II. A processing fee may be charged for each CIP availment.
III. Beneficial title to the goods purchased through CIP, including any and all replacements and accessories thereto, shall remain with the Bank until the total CIP installment price is paid in full. The Cardholder shall, in the meantime, possess and hold the same in trust for the Bank. The Cardholder shall exercise proper diligence in the use and maintenance of such goods. Further, until such payment is made, the Cardholder shall not alter, return, pledge, mortgage, sell, assign, pawn, lease or part with the possession of the goods without the prior written consent of the Bank and until and unless the Cardholder shall have paid the total CIP installment price, including all other charges incurred in connection with the CIP purchase.
6. Card Installment Plan (CIP) Installment
I. Unpaid monthly CIP Installment shall be subject to finance charge
II. The CIP Installment shall be equal to the total installment price divided by the CIP Term. For purposes of this Clause 6, "total installment price" means the loan amount or the selling price of the goods or services purchased through CIP, multiplied by the CIP interest rate and by the CIP Term. The CIP interest rate is determined and is subject to change from time to time as prescribed, by the Bank. CIP Installments shall be periodically and successively billed to the Cardholder every month until the total installment price is paid in full.
III. The total installment price shall be included in the computation of the available Credit Limit.
IV. Any prepayment of the unpaid balance of the total installment price shall be subject to the approval of the Bank and payment of a pre-termination service fee of the unpaid balance.
7. Supplementary Card
I. The Bank may in its absolute discretion issue a Supplementary Card to a person nominated by the Cardholder and approved by the Bank. The Supplementary Card shall be subject to this Terms and Conditions.
II. The Cardholder shall cause the Supplementary Cardholder to abide by the rules set by the Bank for the use of the Supplementary Card.
III. The use of the Supplementary Card shall be conclusive proof of notice and consent of the Cardholder. The Cardholder shall have the option to assign monthly spending limits to each supplementary card.
IV. The Credit Limit assigned to the Primary Cardholder is inclusive of the Credit Limit of the Supplementary Cardholder. The Primary Cardholder and the Supplementary Cardholder shall not permit the total Charges incurred through their respective Cards to exceed the Credit Limit.
V. The validity of the Supplementary Card is dependent on the validity of the Primary Card. The termination of the Supplementary Card for whatever reason shall not terminate the Primary Card or the Primary Cardholder's obligations to the Bank under these Terms and Conditions.
VI. The undertakings, liabilities, and the obligations of the Primary Cardholder to the Bank and the Bank's rights herein shall not be affected in any way by any dispute or counterclaim the Primary Cardholder and the Supplementary Cardholder may have against each other.
VII. The Primary Cardholder shall indemnify the Bank against any loss, damage, liability, costs and expenses, whether legal or otherwise, incurred by the Bank by reason of any legal disability or incapacity of the Supplementary Cardholder or any breach of these Terms and Conditions by the Supplementary Cardholder.
VIII. Unless otherwise expressly stated in these Terms and Conditions, or unless it contradicts to the true intentions of the provisions herein, the term “Cardholder” used in this document shall include the Supplementary Cardholders of the Primary Cardholder.
8. e-Statement of Account
I. A monthly Statement of Account in the form of an electronic Statement of Account (e-Statement) shall be generated and sent to the Cardholder through the email address provided by the Cardholder during card application. For this purpose, an application may not be processed unless all information (including but not limited to home, office, or an email address designated for the e-Statement service) and documents required have been duly provided. The Bank reserves the right to decline any application without disclosing the reason for the denial.
II. Upon the Bank's approval of the Cardholder’s application, all accounts listed under said Cardholder’s profile in the Bank’s records shall be automatically included in the e-Statement. The Cardholder shall thereinafter be solely responsible for periodically accessing his e-Statement prior to designated payment due date. Failure to do so will not excuse the Cardholder from proper payment by due date and/or liability for any charges and/or penalties incurred as a result of improper or delayed payment or non-payment. A Cardholder who has not timely received an e-Statement may call the Bank's Contact Center at (+632) 889-10000 or email c3@robinsonsbank.com.ph for assistance.
III. The monthly e-Statement, which the Cardholder shall receive, shall be password protected and shall indicate all relevant information. The Cardholder shall be solely responsible for the security and confidentiality of his e-Statement password.
IV. Aside from the monthly electronic e-Statement, the Cardholder may request for a hard copy to be sent to his home or office address. A monthly Statement Service Fee shall be charged to the Cardholder for this additional service. To avail this service, the Cardholder shall call the Bank’s Contact Center at (+632) 889-10000 or email c3@robinsonsbank.com.ph.
V. Unless otherwise notified by the Bank, a Cardholder whose Card Account is cancelled but has an outstanding balance after cancellation will continue to receive a monthly e-Statement until the outstanding balance has been paid in full.
VI. The Cardholder shall immediately notify the Bank of any change in the Cardholder’s address (home, office, email) or other relevant information. A Cardholder who fails to receive his monthly e-Statement due to a change in any of his addresses, unavailability of server, inefficiency or breakdown in telecommunications facilities, or any cause other than willful misconduct or gross negligence of the Bank, shall remain liable for timely and proper payment on due date.
VII. The Cardholder shall promptly review each e-Statement and report to the Bank, within thirty (30) calendar days from statement date as indicated in the e-Statement, through its Contact Center at (+632) 889-10000 or email c3@robinsonsbank.com.ph, any discrepancies, omissions, inaccuracies, or incorrect entries. The Cardholder shall hold the Bank free and harmless from any and all loss, damage or liability arising from or incidental to Cardholder's failure to immediately report any unauthorized transactions, improper entries, or other items reflected in the e-Statement.
VIII. The Bank shall conduct an investigation of the complaint and shall promptly communicate its findings to the Cardholder. The Cardholder agrees to fully cooperate with any such investigation by providing the necessary or required data, information, and/or documents. If after investigation, the Bank finds that the transaction is valid, the Cardholder shall be liable for the payment of the disputed amount, as well as any Finance Charges incurred.
IX. Information properly submitted by the Cardholder will be used to update his records. The Bank shall endeavor to protect, but does not warrant, the security and confidentiality of each e-Statement. The Cardholder agrees to hold the Bank, its officers and employees, free and harmless from any and all loss, damage, and liability in the event of:
(a) a breach in Cardholder's email security;
(b) unauthorized or improper access to Cardholder information resulting from causes not directly and exclusively attributable to the Bank, such as tapping or hacking of communication lines, errors in transmission due to faulty lines, or other forms of high-technology or electronic offences or fraud.
9. Alert Services
I. Alert Services are the means to which the Bank communicates to the Cardholder. These include SMS, email, Social Networking Services (SNS), Chat Messaging Services (CMS), and other marketing channels and communication channels.
The Cardholder agrees that the Alert Services may be made available on all Eligible Card Accounts with the Bank, whether opened now or in the future. The Cardholder understands that the Alert Services cannot be used on certain specified types of Card Accounts; however, the Bank will advise the Cardholder from time to time as such Card Accounts become eligible, in which event they shall be classified as Eligible Card Accounts.
II. Scope of Alert Services
(a) The Bank shall advise the Cardholder from time to time of the transactions that will be covered by the Alert Services. The Bank may at any time delegate or sub-contract to third parties the provision of the whole or any part of the Alert Services.
(b) All messages/alerts relating to the Eligible Card Accounts and/or use of the Cards shall be sent only to the enrolled or registered mobile phone number of the Primary Cardholder.
(c) The Cardholder acknowledges that the Alert Services is provided on an "as is", "as available" basis only and that the time periods during which the Alert Services may be available are subject to change without need of prior notice.
(d) The Cardholder further agrees that the Bank shall be entitled at any time, at the Bank's sole discretion and without prior notice to the Cardholder, to temporarily suspend the operation of the Alert Services for updating, maintenance and upgrading purposes, or any other purpose whatsoever that the Bank deems fit, and in such event, the Bank shall not be liable for any loss, liability or damage which may be incurred as a result thereof.
(e) The Bank is entitled at any time and without incurring any liability, to add to, vary, alter, suspend, or remove any part of or all of the Alert Services, or any function or feature of the Alert Services. In any of these events, the Bank will endeavor to give the Cardholder sufficient notice reasonable under the circumstances.
The Bank does not make any representations or warranties whatsoever relating to, among others, the accuracy, reliability, completeness, promptness, or timeliness of any information provided through the Alert Services and the Cardholder shall not rely on the Alert Services for information in order to make any decision concerning or relating to the Cardholder's use of any Eligible Cards. The Cardholder shall continue to be solely responsible for checking the contents of all Statements of Account received by him and shall report to the Bank no less than thirty (30) calendar days from statement date, through its Contact Center at (+632) 889-10000 or email c3@robinsonsbank.com.ph, any discrepancies, omissions, inaccuracies, or incorrect entries. The Alert Services shall not be considered as a determinant of the validity of a card transaction.
III. Security & Access Procedures
(a) The Cardholder acknowledges that messages/alerts received by him via the Alert Services may contain confidential information relating to his Eligible Card Accounts and in the event that the Cardholder loses, replaces, or parts with the possession or control of, his mobile phone or digital device, such confidential information may be seen, retrieved or accessed by others. The Cardholder agrees to take reasonable precautions and to exercise due care in ensuring that each message/alert received by him via the Alert Services is kept private and/or deleted from his mobile phone or digital device immediately after having read it.
(b) The Cardholder further agrees to observe the following security procedures in line with the use of the Alert Services:
(i) Ensure that the Cardholder does not let other people use the mobile phone or digital device that is registered for the Alert Service;
(ii) Report lost or stolen mobile phones or digital device immediately;
(iii) Immediately notify the Bank of any change in the Cardholder's mobile phone number and/or email address to which the alerts are sent;
(iv) Be vigilant when using the Alert Services; beware of "shoulder surfers" when reading messages/alerts sent by the Bank through the Alert Services;
(v) Keep records of transactions and SMS and Email messages for use as ready reference.
(c) The Cardholder agrees not to hold the Bank responsible for any damage suffered by him in case of the Cardholder's failure to follow the procedures outlined in Clause 10 (III) hereof.
IV. Liability & Indemnity
The Bank shall not be liable to the Cardholder for any loss or damage, including any direct, indirect, consequential or special loss, even if it has been advised of the same, arising from:
(a) Any machine, system, or communications breakdown, errors in transmission due to faulty lines, interruption, malfunction or failure, industrial dispute, failure or fault of any Internet service providers, telecommunications or SMS and Email service providers or operators, or any of their respective agents and subcontractors, or other circumstances beyond the Bank's control, which leads to the Alert Services being either totally or partially unavailable or delayed;
(b) The Cardholder relying on or using any financial or product information provided as part, or by means, of the Alert Services;
(c) Any misuse of the Cardholder's mobile phone or digital device or the Alert Services by the Cardholder or anyone else;
(d) Any access to information about the Cardholder's Card Accounts, which is obtained by a third party as a result of the Cardholder using the Alert Services (except where the access is obtained as a result of the Bank's gross negligence or willful default);
(e) Any delay or failure to send, transmit, receive, confirm or acknowledge any email, SMS, SNS, CMS messages, security codes or anything available under the Alert Services, or any error, inaccuracy, or incompleteness of any information or data available under the Alert Services; or
(f) Other causes not directly and exclusively attributable to the Bank.
V. Charges
The Bank shall be entitled to impose separate fees and charges for the Alert Services, which may be varied from time to time with prior notice to the Cardholder. The Cardholder shall be solely responsible for all the fees and charges howsoever called as may be imposed by the provider of the corresponding Alert Services, including, but not limited to, any fees or charges incurred for receipt of the Alert Service, data or any other services arising from the Cardholder's subscription of the corresponding Alert Services.
VI. Termination
The Bank shall terminate the Alert Services by notice and with immediate effect in any of the following events:
(a) The Cardholder's breach of any provision of these Terms and Conditions;
(b) Any or all of the Cardholders Eligible Card Accounts with the Bank are past due, terminated, or closed;
(c) Compliance with legal or regulatory requirement/s; or
(d) Any other reason identified by the Bank.
10. Loss of Card
I. The Cardholder shall use all reasonable precautions to prevent the loss or theft of the Card.
II. In the event that the Card is lost or stolen, the Cardholder shall immediately notify the Bank of the loss, theft, or disclosure together with particulars thereof. The Cardholder shall also notify the Police or equivalent authority of the country or jurisdiction where such loss or theft or disclosure occurred. Any transactions incurred prior to proper report of the loss/theft shall be considered valid and for the Cardholder's account.
III. The Cardholder shall remain fully liable to the Bank for any and all transactions, effected through the use of the Card by any person whether the same be with or without the knowledge of or authority from the Cardholder.
IV. The Bank may at its absolute discretion issue a replacement for any lost or stolen Card, subject to a card replacement fee for each Card replaced, all on such terms and conditions as the Bank may deem fit. In the event that the lost or stolen Card is recovered by the Cardholder, he shall immediately destroy or mutilate the Card.
V. It is the responsibility of the Cardholder to safeguard the Card at all times against loss, theft, compromise, fraudulent or unauthorized use. In case of loss or theft of the Card, Cardholder agrees to promptly report such fact to the Bank by calling our 24-hour Contact Center at 889-10000 (all areas with “02” area code), 1-800-188-89100 (domestic toll free for PLDT) and (+632) 889-10000 (mobile phone and international calls) or its toll free numbers in selected countries listed at www.bpi.com.ph/contactus/international-toll-free. Once connected, dial 2 for Credit Cards, then select 4 for DOS and Cashback concerns. giving details of the place, date, time, and circumstances of the incident and the last purchase(s) made prior to the loss or theft of the CARD. Prior to receipt of such report by 24-hour BPI Contact Center Cardholder expressly agrees to be held liable for all purchases, cash advances, and charges made or incurred from the use of the lost or stolen Card even if said transactions were incurred without the knowledge or authority of the Cardholder. A reasonable fee shall be charged by the Bank for replacement of the lost or stolen Card.
11. Termination
I. The Bank may at any time terminate these Terms and Conditions, recall any Card and terminate its use without prior notice to the Cardholder. Upon such recall, the Cardholder shall immediately destroy or mutilate the card and make full payment of all Charges and liabilities to the Bank.
II. Notwithstanding the provisions of Clause 5 hereof, the Current Balance shall be due and payable immediately upon demand by the Bank.
III. The Cardholder may at any time notify the Bank of his intention to close the Card Account and terminate the use of all Cards. The Card Account shall be deemed closed only after full payment of all charges and liabilities under the Card Account.
IV. The termination of the Supplementary Card shall not affect the liability of the Cardholder, who shall continue to be liable to the Bank for all Charges and other liabilities for the use of the Supplementary Card prior to its termination.
V. The use of the Card shall be terminated by the Bank without notice upon the death, bankruptcy or insolvency of the Cardholder or when the whereabouts of the Cardholder becomes unknown to the Bank due to any cause not attributable to the Bank.
VI. In case of death of the Cardholder, the Cardholder’s estate shall be responsible for settling outstanding balances on the Card Account and shall keep the Bank indemnified of all costs, including all legal fees, charges, and expenses incurred in recovering such outstanding balances.
VII. The Bank shall not be liable to refund the annual membership fee or any part thereof in the event of the termination of the Card Account.
VIII. The Bank reserves the right to retain any Security held by it for a period of at least forty-five (45) days following the cancellation or return of the Card to the Bank whether the cancellation is initiated by the Cardholder or the Bank or following the termination of these Terms and Conditions.
12. Exclusion from Liability
The Bank shall be under no liability to the Cardholder in respect to any loss or damage arising directly or indirectly from:
I. Any loss or damage howsoever incurred or suffered by the Cardholder by reason of the Bank or a Merchant or other financial institution or any ATM or other party refusing to allow a Card Transaction or refusing to accept the Card up to the Credit Limit or at all;
II. Refusal of any Merchant or member institution of Mastercard International to honor or accept the Card;
III. Any defect or deficiency in the goods or services supplied to the Cardholder by any Merchant or, where applicable, for any breach or non-performance by a Merchant of a Card Transaction;
IV. The disruption of communication systems;
V. The exercise by the Bank of its right to demand and procure the surrender of the Card prior to its expiry date, whether such demand and surrender are made and/or procured by the Bank or by any other person;
VI. The exercise by the Bank of its right to terminate any Card or the Card Account pursuant to Clause 11;
VII. Any injury to the credit character and reputation of the Cardholder arising from the repossession of the Card, any request for the return of the Card, or the refusal of any person to honor or accept the Card;
VIII. Any misstatement, misrepresentation, error, or omission in any details disclosed by the Bank pursuant to Clause 13;
IX. Any dispute between the Cardholder and any Merchant or financial institution or any other person. The Cardholder's liability to the Bank shall not in any way be affected by such dispute or any counterclaim or right of set-off which the Cardholder may have against such Merchant or financial institution or person;
X. Any loss or damage that may be incurred or suffered by the Cardholder due to the acts or omissions of service providers engaged by the Bank.
13. Consent to the Processing and Disclosure of Information
I. The Cardholder acknowledges and agrees that updated information relating to him/her and the Supplementary (including personal data such as but not limited to age, citizenship and residence), their respective transactions, business and credit relationships, employment and tax status, deposit account(s) or account information or records, provided by the Cardholder or made available to or in the possession of the Bank 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 to or by the Bank or any member of the BPI Group of Companies, or by and between the Bank and another member of the BPI Group of Companies, or by and among the Bank and other members of the BPI Group of Companies, for any or all of the following (the “Purposes”):
(1) To approve, manage, facilitate, administer, implement, and provide the products, services, transactions, and facilities availed of and/or selected by the Cardholder and/or Supplementary;
(2) To comply (i) with the Bank’s and/or the relevant member of the BPI Group of Companies’ operational, audit, administrative, credit and risk management processes, policies and procedures, (ii) these Terms and Conditions and the Other 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 the Bank and/or any member of the BPI Group of Companies, which may include the conduct of product, system, statistical or business analysis, surveys, schemes, profiling, benchmarking, planning and research;
(5) To pursue marketing, sales, promotional, advertising, and business initiatives (the “Marketing Initiatives”), which may include the development, formulation, dissemination, distribution and rollout of Marketing Initiatives information, materials, documents or brochures, relating to the products, services, events, promotions, programs, and offers, of BPI or of any member of the BPI Group of Companies or by third parties with which the Bank or any member of the BPI Group of Companies, under a duty of confidentiality, has contracted with (the “Program Partners”), whether such Marketing Initiative is undertaken individually by the Bank or by any member of the BPI Group of Companies or pursued together with any member of the BPI Group of Companies or with Program Partners under a joint venture initiative, servicing agreement, cross-selling arrangement, loyalty or promo program or any project undertaking on a collective or tie-up basis;
For purposes of these Terms and Conditions, “BPI Group of Companies” means, collectively, the Bank 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. ""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 the Bank. 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.
(6) In compliance with regulatory requirements, to verify or validate the Cardholder Information in any reasonable manner from any and all sources including (but not limited to) the (i) Bureau of Internal Revenue (BIR) to establish the authenticity of the Cardholder’s income tax return which he or she (may have) submitted to the Bank or any member of the BPI Group of Companies, or (ii) courts, government agencies or arbitral tribunals on the status of any case or proceeding to which the Cardholder or Supplementary may be a party;
(7) To carry out, fulfill and complete the transactions authorized by the Cardholder or Supplementary in connection with the Bank’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 Cardholder 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 card associations, 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, credit reference agencies (including the Bankers Association of the Philippines and its participating banks and institutions), the Credit Information Corporation (CIC) (pursuant to RA No. 9510 and its implementing rules and regulations), rating agencies, financial institutions, banking, and credit industry associations, credit protection provider or guarantee institutions, brokers, insurers or insurance brokers, and underwriters, in relation to Cardholder’s or Supplementary’s availment of the products, services and facilities of the Bank (collectively, the “Credit Entities”);
(v) to any court, tribunal or any judicial, governmental, regulatory or supervisory body or authority 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, novateeor assignee (or any officer, employee, agent, or adviser of any of them) 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, or any actual or potential participant or sub-participant in relation to any of the Bank’s obligations under any banking agreement between the Bank and the Cardholder;
(vii) to representatives, agents or service providers or independent contracts engaged by the Bank or by any member of the BPI Group of Companies to perform (whether within or outside the Philippines ) data processing, collection, consolidation, storage and such other services in connection with the products, services, and facilities availed of by the Cardholder or Supplementary (the “Outsourced Service Providers”);
(viii) to representatives, agents or service providers engaged by the Bank , or by any member of the BPI Group of Companies or by Program Partners, in connection with the Marketing Initiatives; and,
(ix) to such other persons or entities that the Bank or any member of the BPI Group of Companies or the Credit Entities, if applicable, or the Outsourced Service Providers may engage or contract with to facilitate or carry out any or all of the foregoing Purposes.
The foregoing constitutes the express consent of the Cardholder and the Supplementary under the applicable bank secrecy, confidentiality and data privacy laws of the Philippines and other jurisdictions and the Cardholder and the Supplementary agree to hold the Bank, each member of the BPI Group of Companies, and their respective directors, officers, employees, authorized representatives, agents and service providers free and harmless from any and all liabilities, claims, damages, suits, costs, and expenses resulting from or in connection with the implementation of the Purposes and authorities conferred under these Terms and Conditions .
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 Supplementary’s written consent and waiver for purposes of such applicable laws. Any agreement between the Cardholder/Supplementary and the Bank or any member of the BPI Group of Companies to maintain confidentiality of information shall continue to be observed to the extent that such agreement is not otherwise inconsistent with the consent to disclosure of Cardholder Information authorized under these Terms and Conditions.
II. The cardholder acknowledges and authorizes the regular submission and disclosure of basic credit data as defined under Republic Act 9510, otherwise known as the Credit Information System Act, and its Implementing Rules & Regulations to the Credit Information Corporation (CIC) as well as any updates or corrections thereof; and the sharing of basic credit data with other institutions and credit agencies duly authorized by the CIC.
III. The Cardholder hereby agrees, during the validity the credit card, to submit to the Bank a copy of the latest Income Tax Return (ITR) that was filed to the Bureau of Internal Revenue (BIR) for gross annual income of Three Million Pesos and above. The Cardholder fully understands that falsifying any information in this document or any supporting document furnished the Bank is sufficient ground for the cancellation of the credit card without prior notice.
IV. The Bank shall have the right to check the credit standing of the Cardholder at any time the Bank deems fit without notice or consent of the Cardholder.
V. Subject to Clause 13 (I) above, the Bank will safeguard according to strict standards of security and confidentiality, any information that our Cardholder will share with the Bank. The Bank may, however, share appropriate information about the Cardholder to reputable companies whose products and services may interest the Cardholder, unless the Cardholder indicates his preference to be excluded from such disclosure in the manner reasonably prescribed by the Bank from time to time.
VI. The Cardholder agrees that any and all telephone communications between the Cardholder and the Bank or Bank's service provider may be recorded at the option of the Bank or such service provider. The Cardholder further acknowledges and agrees that such recordings may thereinafter be used by the Bank or any third party for any lawful purpose, including use of the same as evidence in any judicial, administrative, or other proceeding. This shall not be construed as imposing an obligation on the part of the Bank to provide the Cardholder with any transcript or recording.
VII. On occasion, the Bank may inform the Cardholder about its promotional offers through SMS, email, Social Networking Services (SNS), Chat Messaging Services (CMS), and other marketing channels and communication channels. The Bank may also allow its branches, subsidiaries, affiliates, agents and representatives and third parties selected by any of them and certain companies to offer specially selected products and services to the Cardholder through SMS, email, Social Networking Services (SNS), Chat Messaging Services (CMS), and other marketing channels and communication channels. For this purpose, the Bank may transfer and disclose selected customer information to its branches, subsidiaries, affiliates, agents and representatives and third parties selected by any of them, including other financial institutions, entities tasked to provide consumer credit reporting or reference schemes, the appropriate government agencies and third parties with whom the Bank may reasonably share such information. Conformity to these Terms & Conditions shall constitute the Cardholder’s written consent for any transfer and disclosure of information of the Cardholder’s name, address, contact details, and other relevant information to the Bank’s branches, subsidiaries, affiliates, agents and representatives and third parties selected by any of them and certain companies for the purposes indicated above and under applicable laws and regulations.
VIII. The Cardholder acknowledges and accepts that: (a) the Bank may use, collect and process technical data and related information that identifies the Cardholder’s mobile device, including but not limited to the Cardholder’s mobile unique device ID, operating system, application software, and peripheral hardware; (b) the Bank may collect, use and process the Cardholder’s personal data/information in relation to services and facilities of the Credit Card application; (c) there is disclosure of Cardholder’s personal, sensitive personal, and financial information (hereafter, the “Disclosed Information”) to the Bank’s affiliates or participants or such other third party or their sub-processors exclusively for the purpose of providing and facilitating the services under the Credit Card application in accordance with these terms and conditions and the Privacy Consent and Notice (PCN). Such disclosure and use of information may be necessary or inevitable for the purposes of giving effect to any Electronic Instruction from the Cardholder and/or facilitate or enable the Cardholder’s use of the Credit Card. Failure to allow such disclosure, access to or use of the Cardholder’s Information may result in the Bank’s inability to offer or continue to offer the Credit Card application to the Cardholder.
IX. In the event the Cardholder provides personal, sensitive personal and financial information, relating to third parties, the Cardholder: (a) confirms that he/she has obtained his/her consent or are otherwise entitled to provide this information to the Bank and for the Bank to use it in accordance with its transaction with the Bank; (b) agrees to ensure that the personal, sensitive personal and financial information of the said third parties is accurate; and (c) agrees to update us in writing in the event or any material change to the said personal, sensitive personal and financial information.
X. The Bank’s authority to collect, use or disclose the Disclosed Information as set out in Clause 13(VIII) above shall survive the termination of the services covered under this Terms and Conditions insofar as such continued collection, use or disclosure of the Disclosed Information remains necessary to fulfill any and all legal obligations the Bank or Cardholder may have relative to the prior provision of services to the latter, to fulfill any legitimate interests of the Bank, to comply with existing laws and regulations, the protection of the Bank’s lawful rights and interests in legal proceedings and/or in the establishment, exercise or defense of the Bank’s legal claims. Our rights and abilities in in Clause 13(VIII) above shall be in addition to and without prejudice to our other rights of disclosure pursuant to the Terms and Conditions, Privacy Consent and Notice (PCN), and Republic Act No. 10173, otherwise known as the Data Privacy Act of 2012.
XI. The Cardholder agrees that he/she has full and sole responsibility over the truthfulness and accuracy of the personal data it will provide the Bank in relation to herein services. Neither the Bank nor any of its personnel shall be liable for any loss or damage suffered by the Cardholder or any user as a result of any disclosure of any information which the Cardholder has consented the Bank to collect, use or disclose for the purposes provided in this Clause or where such collection, use or disclosure is allowed under the applicable laws in the Philippines.
14. Indemnity
The Cardholder undertakes and agrees to indemnify the Bank against any loss, damage, liability, costs and expenses, whether legal or otherwise, which the Bank may incur by reason of these Terms and Conditions or any breach hereof or the enforcement of the Bank's rights as herein provided. All costs and expenses in such regard may be debited from the Card Account and shall be payable by the Cardholder to the Bank.
In the event of any action which the Cardholder may file against the Bank for any cause whatsoever, to the maximum extent allowed by applicable law, Cardholder agrees that the Bank's maximum liability, if any, shall not exceed the amount of Pesos: Three Thousand (P3,000.00). The above indemnity and limitation of liability do not apply to loss or damage actually proven to have been incurred by the Cardholder and is solely and directly caused by the gross negligence or willful misconduct of the Bank. To the maximum extent allowed by applicable law, in no event shall the Bank be liable for any special, consequential, exemplary or indirect damages suffered by the Cardholder 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, the implementation of these Terms and Conditions, and the authorities conferred herein.
15. Right to Set-off or Disburse
I. In addition to any general right to set-off or other rights conferred by law to the Bank, the Cardholder agrees that the Bank may in its absolute discretion at any time and without notice:
(a) combine and consolidate all or any accounts held, either individually or jointly, by the Cardholder with the Bank of whatever description and wherever located and whether in Philippine Pesos or in any other currency, and/or;
(b) withhold, set-off transfer, and/or disburse any sum outstanding to the credit of any such accounts, including a joint account with a Supplementary Cardholder in or towards discharge of all sums due to the Bank under, or otherwise required (by applicable local or foreign law, regulations, agreements with domestic or overseas regulators or authorities and directives) to be paid out by the Bank relative to any accounts of the Cardholder with the Bank of whatever description or wherever located and whether in Philippine Pesos or any other currency, and the Cardholder hereby authorizes the Bank to set-off any such consolidation, combination, set-off, or transfer. Where the accounts are in another currency, the Bank shall be authorized to use such prevailing exchange rates as it may determine in its absolute discretion.
II. For any reason that the Bank deems fit, the Bank shall have the right to keep (for such period as it may deem prudent) such monies received, recovered, or realized hereunder or under any Security to the credit of the Cardholder without any immediate obligation on the part of the Bank to apply the same or any part thereof in or towards the discharge of the sums due and owing to either the Bank or any other entity or authority.
16. Delinquency
In the event the Cardholder fails to timely and/or properly pay the Minimum Amount Due on the Payment Due Date, then (without prejudice and in addition to the other provisions of these Terms and Conditions):
I. The Card Account will be considered delinquent and subject to all applicable penalties, fees, and charges;
II. The Bank is authorized to report and/or include the Cardholder and his relevant or adverse information to any credit bureau or similar institution/organization;
III. The right to use the Card shall be revoked and the Cardholder shall be liable to pay late charge/s and other penalties, as may be applicable; and
IV. The Bank may, without need of prior notice, consider the Cardholder to have defaulted on any and all other outstanding obligations (such as but not limited to other credit card accounts, personal loans and other credit accommodations) to the Bank, resulting in the full amount of the same becoming due and immediately demandable, as well as being subject to the penalties, fees, and charges applicable to the corresponding obligation.
17. Notices
I. The Cardholder shall promptly notify the Bank in writing of:
(a) any changes in his employment or business;
(b) any changes in his office or residential address; or
(c) any other change in the information previously provided to the Bank; and
(d) any intention of the Cardholder to be away from the Philippines for more than one month.
II. If the Cardholder intends to be away from the Philippines for more than one month, the Cardholder shall settle the Card Account at least seven (7) days prior his to departure.
III. If the Cardholder decides to leave the Philippines permanently to take up residence elsewhere, the Cardholder shall request for cancellation through the Bank’s Contact Center at (+632) 889-10000 or email c3@robinsonsbank.com.ph. Clause 11 hereof shall henceforth be operative.
IV. Instructions from the Cardholder shall be given in writing. The Bank, however, may in its discretion consider instructions, requests, and other correspondences and documents given (or purportedly given) by the Cardholder to the Bank through telephone, facsimile communications, or through its electronic banking service, which includes but is not limited to internet banking, Bank mobile app, SMS, etc. (as applicable) valid, fully authorized by and binding on the Cardholder and the Bank shall be entitled (but not bound) to take such steps in connection with or in reliance upon such communication as the Bank may in good faith consider appropriate.
The Cardholder:
(a) shall be responsible for ensuring the accuracy and completeness of all instructions;
(b) acknowledges that all instructions given (and the Bank's records of those instructions) in electronic form are electronic documents or electronic data messages and the Cardholder agrees not to challenge their validity, admissibility, or enforceability on the basis that they are in electronic form;
(c) shall not hold the Bank responsible for any loss the Cardholder may incur as a result of giving instructions via telephone, facsimile, or email, and further undertakes to indemnify and keep the Bank indemnified in full against all or any loss, claims, demands, costs, damages, and all other liabilities the Bank may incur as a result of accepting and acting on such instructions.
V. The Cardholder shall be automatically enrolled in the services provided by the Bank. However, the Bank reserves the right to require enrollment in such services as it may deem fit. The Cardholder may also send requests and instructions through short messaging system (SMS), electronic mail (e-mail), Interactive Voice Response System (IVRS), or other electronic means using such procedures that the Bank may prescribe from time to time. The Cardholder shall hold the Bank free and harmless from any claim in connection with any such requests and instructions.
VI. The Cards, all Statements of Account, any demands or any other communications contemplated under these Terms and Conditions may be delivered personally, or sent by ordinary post, or via electronic means to the last known billing or other address of the Cardholder and such communications shall be deemed to have been received by the Cardholder on the day of delivery if delivered by hand, or on the next business day after posting, if sent by post or courier, or electronic means.
VII. All communication under these Terms and Conditions sent to the Primary Cardholder or the Supplementary Cardholder shall be deemed to be sent to both.
18. Overpayment
I. The Cardholder may request the Bank in writing for a refund of any valid or Bank validated Overpayment as reflected in the Statement of Account, subject to a refund fee
II. If a Card Account is closed or cancelled and an Overpayment remains unclaimed for more than one (1) month after the date of closure or cancellation, the Bank will charge a maintenance cost per month against the Card Account, provided that the aggregate amount of maintenance cost shall not be more than the amount of Overpayment.
III. The amount of refund will be equivalent to Overpayment net of all related Charges.
IV. Overpayments shall not earn interest.
19. General Provisions
I. If the Cardholder shall fail to pay any sum due to the Bank under these Terms and Conditions, the Bank may endorse the Cardholder's Card Account to any of the Bank's accredited collection agencies for collection. Should the account be referred to an agency/agent for collections, the Bank shall inform the Cardholder in writing prior to the actual endorsement the name(s) and contact details of the collection agencies/agents to whom the account(s) is/are endorsed.
II. The Bank shall be entitled at any time without the conformity of the Cardholder to assign the whole or any part of its rights or obligations herein.
III. The Cardholder undertakes to sign such further document as may be requested by the Bank from time to time.
IV. The rights and remedies herein provided are cumulative and not exclusive of any rights or remedies provided by the law.
V. These Terms and Conditions are binding upon the Cardholder and he shall not assign his obligations herein to any person.
VI. Each of these Terms and Conditions shall be separable and distinct from one another and if at any time any one or more of such Terms and Conditions is or becomes invalid, illegal or unenforceable, the validity, legality or the enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
VII. In connection with the special discounts/offers made by respective Merchants, the Bank does not hold out any warranty or make any representation on the availability, delivery, quality, design, specifications, or otherwise set out in respect of these offers.
20. Variation of Terms
I. The Bank may from time to time change these Terms and Conditions. Subject to the requirements of law, notice of any change will be provided to the Cardholder through the Statements of Account, publication, or such other reasonable means as may be determined by the Bank. Such changes shall be effective on the date specified by the Bank and shall apply to all unpaid interest, fees, costs, and Card Transactions.
II. Retention or use of the Card after the effective date of any such change shall be deemed to constitute acceptance by the Cardholder of the changes without reservation. If the Cardholder does not accept the change, the Cardholder must terminate the use of the Card by cutting it in half and giving prior written notice to the Bank prior to the effective date of the change. Clause 12 shall henceforth be operative.
III. The Bank may from time to time undertake marketing and sales promotions for which separate terms and conditions or promotional mechanics shall be developed and which shall be in effect during the period specified by the Bank. It is understood that such terms and conditions are supplementary to these Terms and Conditions.
21. Governing Law, Attorney's Fees, and Venue
I. These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of the Philippines. The Cardholder agrees that any legal action, suit, or proceeding arising out of or in connection with these Terms and Conditions and the use of the Card shall be filed with the proper courts of Makati City to the exclusion of all other courts. This Clause is for the benefit of the Bank only and the Bank shall not be prevented from instituting such legal action, suit, or proceeding in any other courts having jurisdiction over the same.
II. The Cardholder shall indemnify the Bank against all fees and expenses, including but not limited to collection agency fees, attorney's fees, costs of suit and litigation, incurred by the Bank in connection with the enforcement of its rights under these Terms and Conditions.
BPI DOS Card Rewards Program
1. The Program
a. The BPI DOS Rewards Program (the “Program”) is the loyalty program created by the Bank of the Philippine Islands (the “Bank”) exclusively for Principal Cardholders (“Cardholder”) of the BPI DOS Credit Card (the “BPI DOS”).
b. The Program allows Cardholders to accumulate Rewards Points which may be used to redeem various items, including but not limited to cash rebates, eGifts, and fee waivers.
c. Communications related to the Program may be delivered through channels such as SMS and email which shall be deemed received by the Cardholder on the day of sending the SMS/email.
d. The Terms and Conditions governing the issuance and use of the BPI DOS Credit Card are incorporated by reference and shall form an integral part hereof.
e. The Bank reserves the right to suspend, cancel or discontinue the Program or any part of it at any time. In any such event, you agree that the Bank shall in no event be liable to you or any person for any and all claims, liabilities, costs, payments, damages and expenses, arising from or in connection with the suspension, cancellation or discontinuance of the Program.
2. Eligibility
a. All BPI DOS cardholders are eligible to participate in the Program.
b. The Cardholder must have an active BPI DOS and in good standing* at the time of request.
c. The Cardholder’s valid transactions, including those made by his/her Supplementary cardholder/s, may earn Rewards points as provided herein.
d. The Rewards points shall be credited to the Principal Cardholder’s account upon posting of the card transactions made by the Cardholder and/or by his/her Supplementary and shall be reflected in the Principal Cardholder’s monthly Electronic Statement of Account (ESOA)
e. The Bank reserves the right to disqualify a Cardholder from the Program if, in its judgment, the Cardholder has violated these Terms and Conditions and/or the Terms and Conditions governing the Issuance and Use of BPI DOS Credit Cards. The disqualification of the Cardholder from the Program automatically terminates the Cardholder’s participation in the Program and automatically results in the forfeiture of all earned and accumulated Rewards Points.
*Cardholders in good credit standing are those with BPI DOS credit cards which are not reported lost, stolen, whose accounts are not delinquent orunder investigation due to suspected fraud, and who have not violated any of the Terms and Conditions Governing the Issuance and Use of BPI DOS Credit Cards.
3. Earning of Rewards Points
a. The Cardholder shall earn one (1) Rewards Point for every PESOS: FIFTY (Php50.00) worth of transaction.
b. Only valid local and international retail transaction/s will be considered in the computation of Rewards points. Transactions from the following are excluded from the Program and will not earn any Rewards points:
i. Fees and Charges;
ii. Cash Advance / Quasi Cash; and,
iii. Cards Installment Program.
c. The Cardholder shall be responsible for promptly reviewing his ESOA and shall report to the Bank, not later than thirty (30) calendar days from statement date, through the Bank’s Contact Center via call (+632) 889-10000 or email c3@robinsonsbank.com.ph, any discrepancy, omission, inaccuracy, or incorrect Rewards Points. The Cardholder shall hold the Bank free and harmless from any and all loss, damage or liability arising from or incidental to the Cardholder's failure to immediately report these issues.
4. Rewards Redemption
a. Cardholders may redeem their Rewards points through:
i. The Bank’s Contact Center via call (+632) 889-10000; or,
ii. email at c3@robinsonsbank.com.ph.
b. Redemption of Rewards Points will be suspended if the Credit Card account becomes past due. Once the past due balance has been settled or the account is tagged as active, the Cardholder’s right to redeem the Rewards Points shall be reinstated.
c. All Rewards Points earned within a calendar year may be redeemed until March 31 of the third (3rd) year commencing from the year the Rewards Points was earned. All rewards points that are not redeemed within that period shall be forfeited. For instance, rewards points earned in year 2021, irrespective of the month they were earned, may be redeemed until March 31, 2024. After March 31, 2024, the rewards points earned in 2021 can no longer be redeemed.
d. Unredeemed Rewards Points shall also be forfeited upon the occurrence of any of the following:
i. Cardholder initiated card closure;
ii. Bank initiated card closure; or
iii. Writing-off of account/s.
e. Rewards Points are non-transferable and cannot be converted to cash.
f. Once a valid redemption request has been made, the Cardholder may not cancel, revoke, or exchange the redeemed Rewards Points.
Published on November 11, 2024
BPI is regulated by the Bangko Sentral ng Pilipinas (BSP) with website at https://www.bsp.gov.ph.
Related Information
| BPI is regulated by the Bangko Sentral ng Pilipinas