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This BPI Wealth Terms and Conditions (the "BPI Wealth Terms and Conditions" or "Agreement") sets forth the specific terms and conditions which shall govern my use and operation of the BPI Wealth Website and BPI Wealth Mobile app, as below defined, of Bank of the Philippine Islands ("BPI" or the "Bank"), its website, applications and offerings. By availing of or using the BPI Wealth Website and BPI Wealth Mobile Services, I (also referred in this Agreement as the "Authorized User" or "client") agree to be bound by and accept these BPI Wealth Terms and Conditions.
1.1 Unless the context otherwise requires, I agree that the following terms when used in this Agreement shall have the meaning indicated below:
"Account" or "Enrolled Account/s" means the Authorized User's Deposit and Investment Account/s with the Bank that is/are accessible to such Authorized User through the BPI Wealth Website and/or BPI Wealth Mobile app.
"Authorized User" means the subscriber and/or client given online access to the BPI Wealth Website and/or BPI Wealth Mobile app through the use of his/her Login Credentials.
"BIMI" means BPI Investment Management, Inc., an investment management subsidiary of BPI.
"BPI AMTC" means BPI Asset Management and Trust Corporation, a wealth management subsidiary of BPI.
"BPI IFL" means BPI International Finance Limited, a BPI subsidiary incorporated in Hong Kong.
"BPI Wealth Mobile App" means the software application of the Bank that is designed to run on a smartphone, tablet or such other portable device providing Authorized Users with services similar to those which can be accessed through personal computers.
"BPI Wealth Services" or "Facilities" shall refer to each of BPI Wealth Services and/or Facilities, electronically provided by the Bank via access to the BPI Wealth Website or BPI Wealth Mobile app, which may be through the BPI Wealth's website, mobile app, deemed appropriate by the Bank for the purpose."
"BPI Wealth Website" means the transactional website of the Bank <wealth.bpi.com.ph> where an Authorized User can log in to use the BPI Wealth Services or Facilities.
"Biometric Login" means one of the Bank's authentication methods and the Authorized User's alternative unique identification in place of the Username and Password, which allows the Authorized User to log in to the BPI Wealth Mobile app installed in such Authorized User's Linked Device via the Authorized User's biometrics, e.g. the Authorized User's electronic face identification or any of the Authorized User's fingerprints, provided that such biometrics are saved by the Authorized User in the said Linked Device's settings.
"Deposit Account/s" refers to the account/s held by Authorized User for checking/savings accounts and time deposits with the Bank.
"Force Majeure" means circumstances beyond the Bank's reasonable control, including, without limitation, acts of God, natural disasters, calamities, earthquakes, fire, floods, wars, civil or military disturbances, sabotage, acts of terrorism, terrorist attacks, criminal acts or willful misconduct by any person (other than the Bank's or its officers or employees), epidemics, pandemic, riots, interruptions, loss or malfunction of utilities or facilities, power outages, electrical or mechanical failure, computer hardware or software failure, system failure or system downtime, network or telecommunication failure, causes or acts attributable to third persons or parties, labor disputes, strikes, walk-outs, riots, lock-outs, rebellion or acts of civil or military authority or governmental actions, and other similar occurrences.
"Intellectual Property Rights" means any (i) names, logos, registered and unregistered trademarks, and service marks, (ii) patents and patent applications, (iii) business methods, inventions, and discoveries that may be patentable, (iv) software and computer code, and (v) copyrights in both published works and unpublished works. Intellectual Property Rights shall include all Intellectual Property Rights registered under the Bank's name, duly licensed to the Bank by an affiliate or subsidiary of the Bank or by a third party."
"Investment Account/s" refers to the account/s held by Authorized User for investment purposes, including but not limited to, bonds and funds, with the Bank.
"Linked Device" means an internet-enabled mobile device/s paired with a Username for logging in to the BPI Wealth Mobile app. The linking of the mobile device/s of an Authorized User with his/her Username is authenticated using the OTP. Mobile device/s may be linked to only one Username at any given time. As such, only the Username linked via OTP to the mobile device/s may log in to the BPI Wealth Mobile app installed in the said mobile device/s."
"Login Credentials" means my Username and Password.
"Nominated Account/s" refers to any one of the Authorized User's Enrolled Account/s that the Authorized User has elected as subject of the specific transaction being processed by the Authorized User through the BPI Wealth Services.
"One-Time PIN" means one of the Bank's authentication methods and also referred to as the "OTP", which is a security code that is only valid for a single transaction and is intended to add an extra layer of security. For each transaction wherein the OTP is required by the Bank, the OTP is sent via text message to the Authorized User's Registered Mobile Number and the Authorized User will be prompted by the BPI Wealth Website/BPI Wealth Mobile app facility to directly input the OTP on the space provided therein in order to authorize, confirm and complete the corresponding transaction.
"Password" means a string of special characters, letters, and/or numbers, created and nominated by the Authorized User, which when used in conjunction with the Username, serves as the Authorized User's unique identification for the purpose of authenticating and accessing any and all the BPI Wealth Services.
"Push notification" means an automated message sent to the Authorized User's mobile device which may include announcements, account and transaction notifications, marketing messages and location-based alerts, among others.
"Registered Mobile Number" refers to the mobile number provided by the Authorized User to BPI and is the mobile number reflected in the Authorized User's Bank documents, such as the signature card and the personal information sheet, as such documents may be updated by the Authorized User from time to time in accordance with the Bank's information updating guidelines. Any OTP, as defined herein, to be sent by the Bank will be sent to this mobile number. Local and international mobile numbers may be elected as an Authorized User's registered mobile number.
"Settlement Account/s" refers to the Authorized User's savings Account which the Authorized User has elected upon opening of his/her Investment Account as the account to be credited or debited for his/her investment transactions, as well as other transactions requiring payment and settlement of proceeds.
"Username" means a string of special characters, letters, and/or numbers nominated by the Authorized User, which when used in conjunction with the Password, serves as the Authorized User"s single unique identification for the purpose of authenticating and accessing any and all of the BPI Wealth Services.
1.2 Headings used herein are for convenience and reference only and shall not affect the meaning or interpretation of this Agreement. Unless the context otherwise requires, words denoting the singular shall include the plural and vice versa, and words denoting persons shall include individuals, corporations, partnerships, joint ventures, trusts, unincorporated organizations and any political subdivision, agency or instrumentality. Any reference to a law or statute shall be construed as a reference to such law or statute as the same may have been, or may from time to time be, amended, substituted or re-enacted.
2.1 The Bank has provided sufficient instructions and/or guidelines on how to use BPI Wealth Website and BPI Wealth Mobile App under and pursuant to these Terms and Conditions and continues to do so through amendments and supplements from time to time, as well as, the Bank's rules, regulations, and policies, as communicated through the Bank's announcements, publications and notifications on the BPI Wealth Website <wealth.bpi.com.ph> and/or BPI Wealth Mobile App. I understand that it is my responsibility to follow the said instructions and/or guidelines and only after understanding and accepting the said instructions and/or guidelines of the Bank may I be eligible to access any of my Enrolled Account/s via the BPI Wealth Website and/or BPI Wealth Mobile app with the use of an internet-enabled device, such as, (a) the Linked Device for access to the BPI Wealth Mobile app or (b) a web browser for access to the BPI Wealth Website. I agree to be responsible for any and all adverse consequences of my access and use of an internet connection and/or the internet-enabled device to access the BPI Wealth Services. I hereby hold the Bank free and harmless, and shall indemnify/reimburse the Bank, from any and all claims, liabilities, costs, payments, damages and expenses, arising from or in connection with my access and use of an internet connection and/or the internet-enabled device, including the Linked Device and the web browser.
2.2 Through the BPI Wealth Services that may be provided by the Bank under this Agreement, I may be able to access any of my Enrolled Account/s through the BPI Wealth Website and/or the BPI Wealth Mobile app using my Login Credentials or, for the BPI Wealth Mobile app, my biometrics, provided that in the latter case, only if and when Biometric Login is available and enabled.
2.3 Although the BPI Wealth Services are designed to be accessible seven (7) days a week, twenty-four (24) hours a day, I understand and accept that, at certain times, with or without prior notice to me, any one, some or all of BPI Wealth Services may not be available due to Force Majeure, system maintenance or system downtime. I agree that the Bank shall in no event be held liable for any delay, non-performance or failure to perform any of its obligations under this Agreement, as well as any and all claims, liabilities, costs, payments, damages and expenses, for reasons due to, arising from or in connection with, directly or indirectly, any such Force Majeure, system maintenance or system downtime."
For purposes of dating my BPI Wealth Services transactions, I understand that a bank cut-off time has been implemented. All transactions done before the designated bank cut-off, as stated in this Agreement or as otherwise determined by the Bank, will be booked to my Nominated Account on the same day. Transactions after cut-off on a banking day or those completed on a Saturday, Sunday or bank holiday will be booked on the next banking day.
2.4 I further agree that should I register any of my Accounts as an Enrolled Account, the Bank, at its option, is authorized to automatically register any and all my other Account/s and link with the earlier registered Enrolled Account, without need for further authorization or consent on my part. For this purpose, I understand and agree that in addition to the Enrolled Account that I personally registered, such automatically registered Account/s are also deemed Enrolled Account/s that may be automatically viewable whenever the BPI Wealth Website or BPI Wealth Mobile app is accessed using my Login Credentials or Biometrics Login.
2.5 As the Bank may require me to input an OTP in order for me to complete my transaction/s via any, some or all of the BPI Wealth Services, I agree to immediately update the Bank of any changes to my Registered Mobile Number in accordance with the Bank's information updating guidelines. I understand and agree that it is my obligation to verify and, if necessary, correct in accordance with the Bank's established guidelines and procedures the mobile number reflected in the Bank's records as my Registered Mobile Number. I hereby agree that in no event shall the Bank be held liable for sending any such OTP/s to the mobile number reflected as my Registered Mobile Number in the Bank's records at the time the Bank sent such OTP/s.
2.6 As the Bank may send any notice and communication, including but not limited to, promotional offers, advertisements, surveys or such other similar programs of the Bank, its subsidiaries, affiliates and partner institutions, to me via my registered electronic mail ("e-mail") address, I understand and agree to immediately update the Bank for any changes in my e-mail address in accordance with the Bank's information updating guidelines. I hereby agree that in no event shall the Bank be held liable for any consequences of wrong delivery or non-receipt of notices and communications as a result of my failure to notify the Bank of the change in my e-mail address.
2.7 I understand that my use of the BPI Wealth Services will require transmission of information and/or communication through internet or mobile phone service providers, network systems or such other equivalent systems. I acknowledge that while the Bank has employed security measures on the use of the BPI Wealth Services, there are risks involved in the use of internet or mobile phone service providers, network systems or such other equivalent systems, which are outside the scope of the Bank's control.
2.8 The Bank reserves the right and is authorized to suspend, terminate, remove, disable or discontinue access to or use of the BPI Wealth Services (or any part thereof) at any time without prior notice if and when the Authorized User (i) violates any of these Terms and Conditions, (ii) violates or fails to comply with applicable laws, rules, policies and regulations; or (iii) if the Bank, at its sole option and discretion, reasonably determines that suspension, termination, removal, disabling or discontinuance of access to or use of any or all of the BPI Wealth Services is necessary to protect the interests of the Bank, its clients or third parties. In any such event, I agree that the Bank shall in no event be liable to me or any person for any and all claims, liabilities, costs, payments, damages and expenses, arising from or in connection with the suspension, termination, removal, disabling or discontinuance of the BPI Wealth Services (or any part thereof).
2.9 The Bank reserves the right and is authorized, in its sole discretion, to initiate reversal of a transaction and debit and/or cause the debiting of my Settlement Account/s at any time and with notice in case" (i) a deposit, credit or any inward flow of funds appears to be due to an error or mistake; (ii) there is a written claim that said transaction is a result of a fraudulent act and there is reason to believe that such deposit, credit or any inward flow of funds to my Account is attended by error, mistake or is a result of a fraudulent act which I may or may not be a party of; (iii) when the purpose claimed by the person depositing, sending or crediting funds to my Account is contradictory to what I declare and/or have declared as purpose or reason for the deposit or funds transfer; or (iv) such other circumstances or cases analogous or similar to any of the foregoing. The foregoing shall be without prejudice to the Bank's right to close or terminate my Account in accordance with the Terms and Conditions governing the Bank's products, services, facilities and channels and this Agreement.
3.1 I agree not to let anyone know of my Password. It is understood that the Password is known only to me and as such, any transaction effected using my Password shall be conclusively presumed to be done by me or authorized by me. I understand and agree that the Bank shall, in no event, require me to divulge my Password through phone call, text or e-mail to any person or to any entity. I acknowledge that such Password shall only be required by the Bank to be keyed in when I use the BPI Wealth Website or the BPI Wealth Mobile app, and/or whenever I access BPI Wealth Services using the BPI Wealth Mobile app through my Linked Device and the BPI Wealth Website.
3.2 I agree to assume full responsibility for all transactions made in my Enrolled Account/s through the use of my Login Credentials, Biometric Login, and any of the Bank's authentication method/s. I agree that the Bank shall in no event be held liable for any and all claims, liabilities, costs, payments, damages and expenses, arising from or in connection with the use of my Login Credentials, Biometric Login, and/or any of the Bank's authentication method/s, including any transactions made in my Enrolled Account/s using such Login Credentials, Biometric Login and/or any of the Bank's authentication method/s.
3.3 I agree to secure at all times all my Linked Devices and immediately inform the Bank through its established guidelines and procedures if any of those devices are no longer in my possession. I agree that the Bank shall in no event be held liable for any and all claims, liabilities, costs, payments, damages and expenses, arising from or in connection with any unauthorized transactions in my Enrolled Account/s via access to the BPI Wealth Services using my Linked Device.
3.4 If Biometric Login is enabled on my BPI Wealth Mobile app, I agree that any biometrics saved in my Linked Device's settings can be used to access the BPI Wealth Services and my Enrolled Account/s. I agree to assume full responsibility for all the biometrics enrolled in my Linked Device and for the Linked Device into which my biometrics is saved. I agree that the Bank shall in no event be held liable for any activity and/or transaction made by any person accessing my Linked Device using any of the biometrics saved in my Linked Device's settings, regardless of whether such activity and/or transaction was authorized by me."
3.5 I further agree and undertake to change my Password from time to time as I deem necessary in order to fully safeguard and ensure the security of my access to the BPI Wealth Services. Should I determine that my Password has been compromised, I shall immediately change my Password through BPI Wealth Services" Password Reset facility and/or immediately inform the Bank through its established guidelines and procedures.
3.6 I agree that the Bank, at its sole discretion, is entitled to act on the instructions received via any and all of the BPI Wealth Services which the Bank reasonably believes emanated from me by virtue of the use of my Login Credentials, Biometrics Login, and/or any of the Bank's authentication methods. I further agree that the Bank shall not be liable for acting in accordance with or based on the BPI Wealth Services requests and/or instructions made through my Login Credentials, Biometric Login, and any of the Bank's authentication method/s.
4.1 Subject to these BPI Wealth Terms and Conditions, I acknowledge the following qualification requirements and membership charges for my continued access to BPI Wealth Services and Facilities:
4.2 In any case that I am unable to comply with any of the BPI Wealth Terms and Conditions or any applicable law, and/or for such grounds as may be determined by the Bank on its own discretion as necessary to protect the Bank, the Bank reserves the right to revoke my membership at any given time.
4.3 I agree that the Bank may likewise set, impose, and collect applicable service fees for the transactions covered by the BPI Wealth Services, and shall form part of the funds to be debited from any of my Settlement Accounts without need for any further notice or demand.
4.4 I agree and acknowledge that the Bank may update or modify the membership qualifications to access BPI Wealth Services. I shall be notified of any such modification via mail, e-mail, posting on the Bank's website, BPI Wealth Website and BPI Wealth Mobile app or by such other electronic transmission or use of an electronic platform which the Bank, at its option, considers appropriate and effective. My continued use thereafter shall constitute my acceptance of the modifications.
Subject to these BPI Wealth Terms and Conditions, I acknowledge the following BPI Services and Facilities, as these may be amended, modified, supplemented or discontinued:
I can view the dashboard of my portfolio/s via accessing the BPI Wealth Website and/or BPI Wealth Mobile app. When accessed, I can:
5.1.2 I understand and agree that the downloaded Summary of my Accounts holdings is an unofficial statement from the Bank and can only be considered as a reference material to guide me in tracking my assets.
5.1.3 I understand and agree that the portfolio/s holdings that can be viewed and accessed through the BPI Wealth Services shall only be those included in my Enrolled Accounts.
By accessing the BPI Wealth Website and/or BPI Wealth Mobile app, I can utilize the investing facility wherein:
5.3.2 For the effective and efficient management of the funds, the Bank shall set, and shall retain the option to change from time to time such rules as the cut-off times and value dates for each type of transaction. Changes thereof shall be subject to relevant regulations issued by the Bangko Sentral ng Pilipinas (BSP).
By accessing the BPI Wealth Website and/or BPI Wealth Mobile app, I can utilize the online messaging facility wherein:
5.6.1 I understand that I may be able to make other service requests and inquiries through BPI Wealth Services, such as but not limited to, viewing of news and articles, accessing of product offerings, update of username and password, and other non-financial transactions, for as long as any, some or all of these are made available by the Bank through the BPI Wealth Services (the "Other Services").
5.6.2 I understand that these Other Services will be received by the Bank electronically and as such, are subject to applicable processing and cut-off times.
5.6.3 In availing of the BPI Wealth Services by downloading the BPI Wealth Mobile app and registering my device as a Linked Device, I agree that I am consenting and allowing the Bank to send me security and service-related announcements through the said BPI Wealth Mobile app. I understand that I may also enable or disable receiving marketing and/or value-added Push Notifications in the BPI Wealth Mobile app. If enabled, I authorize BPI to send me notifications and announcements even when the BPI Wealth Mobile app is installed but not launched on my mobile phone. I also understand that the Bank may send me location-specific notifications for such marketing and/or value-added services.
5.6.4 I shall hold the Bank free and harmless from any and all liabilities arising from or in connection with any and all announcements and/or Push Notifications I may or may not receive even when I have downloaded the BPI Wealth Mobile app and enabled the Push Notifications.
5.6.5 I fully understand that in the event that I decide to no longer receive Push Notifications from the Bank through the BPI Wealth Mobile app, I can disable it anytime via the BPI Wealth Mobile app. I acknowledge, however, that by disabling the Push Notification, I may not be able to receive notifications from the Bank related to my Account or transaction and agree to hold the Bank free and harmless therefrom.
New services may be introduced by the Bank as part of the BPI Wealth Services, from time to time, and, unless Push Notifications have otherwise been disabled, I will be notified of these new services via the Bank's website and mobile app, BPI Wealth Website, BPI Wealth Mobile app, or such other channels which the Bank, at its option, considers appropriate and effective.
By using such new services when they become available, I agree to be bound by the applicable terms and conditions concerning these services, which specific terms and conditions, if and when such services are availed, are deemed incorporated herein by reference.
5.8.1 I acknowledge that my enrollment in BPI Wealth Services shall be effective upon receipt of the Bank's confirmation of my credentials via OTP for the activation of my Accounts for the use in BPI Wealth Services. The Bank may, however, at any time, suspend or terminate the use of any of the BPI Wealth Services, or this Agreement, without my consent and with or without prior notice.
5.8.2 I agree that any and all transactions involving the transfer of my funds from any of my Enrolled Account/s through the BPI Wealth Services, including the subscription and redemption of investment funds, shall be deemed a "withdrawal" from such Enrolled Account/s.
5.8.3 For "AND/OR" joint Accounts, it is hereby understood and agreed that all transactions to be made by any one of us using the BPI Wealth Services are deemed authorized and implemented with the consent of all my other co-depositors/co-accountholders.
5.8.4 I agree that the Bank may in the future impose charges for the services contemplated under this Agreement within legal and regulatory limits and I hereby authorize the Bank to impose the said charges accordingly whenever I avail of such services.
6.1 I can file requests and complaints through the following Bank's facilities/channels:
However, for urgent concerns or those that may require immediate attention, I shall not rely on electronic mail or forms in BPI Wealth Website and BPI Wealth Mobile App but instead, I shall immediately call the Bank's 24-Hour Preferred Hotline 7791-0077 (if via landline in the Philippines), or (+632) 7791-0077 or 02 7791-0077 (if via mobile phone within the Philippines) or via the Bank's international toll-free numbers.
6.2 I agree to provide the Bank with necessary information to be used for the investigation and resolution of my requests and complaints. The Bank shall provide me with the prescribed processing time to resolve a complaint.
6.3 I agree that I shall not rely on e-mail communications if I need to communicate with the Bank immediately for whatever urgent purpose, such as but not limited to, unauthorized transactions in one of my Accounts. In any similar instances, I shall call the Bank's 24-Hour BPI Preferred Hotline to report my concern.
6.4 I acknowledge and agree that the Bank may, with notice, change, modify, supplement, remove and/or discontinue its official communication facilities and/or channels provided in Section 6.1 from time to time. I undertake to keep myself updated and informed of the Bank's announcements for changes in the Bank's official facilities and channels, as the same may change from time to time, the Bank's official communication facilities and channels, as well as, regarding the Bank's announcements on online security.
7.1 In the event that I receive communication purporting to be from the Bank but originates from an unofficial number, e-mail address, and/or website, I hereby agree to protect myself from any such phishing attempt to obtain my personal and Account information, such as my Login Credentials, authentication information, and other BPI Account details, by any such entity disguising as the Bank in such unofficial communication. I shall also remain vigilant against other cyberattacks that may appear to make unauthorized use of the Bank's logo and/or tradename. I undertake to report any such suspected activity to the Bank immediately. In accordance with Section 3.1 herein, I acknowledge that the Bank does not need to ask me for my Password and/or OTP and I shall not disclose my Password and OTP to the Bank even if I believe the Bank is asking me to do so via e-mail or any other form of communication.
7.2 I hereby agree to hold the Bank free and harmless, and shall indemnify/reimburse the Bank, from any and all claims, liabilities, costs, payments, damages and expenses, arising from or in connection with my failure to keep myself updated with the Bank's official facilities and channels, as well as, my disclosure of any or all of my personal and/or Account information to any entity other than the Bank, even if such entity makes an unauthorized use of the Bank's logo and/or tradename.
7.3 I agree that the Bank may respond to me by e-mail on any matter related to the BPI Wealth Services using my e-mail address registered with the Bank. I am aware of the possible risks involved in connection with the giving and receiving of notices and other communication via e-mail. Such e-mail could be transmitted improperly or may never reach me or may become known to third parties thus losing their confidential nature. The Bank accepts no responsibility for the occurrence of any such circumstances or for any action, claim, loss, damage or cost arising or incurred by me as a result of or in connection with any such circumstances." I shall be solely responsible for making my own independent appraisal and assessment of any possible risks in relation to the giving and receiving of notices and communication via e-mail.""
7.4 I hereby authorize the Bank to send me promotional offers, advertisements, surveys or such other similar programs of the Bank, its subsidiaries, affiliates and partner institutions, by communicating to me (i) in writing, (ii) by e-mail to my registered e-mail address, (iii) by short messaging service (SMS) to my Registered Mobile Number, or (iv) by such other electronic transmission which the Bank, at its option, considers appropriate and effective, or (v) through the Bank channels or any one of them including publication in the Bank's website.
7.5 The Bank may send any notice or communication to me via mail, electronic mail, short messaging service (SMS), other Bank channels or any one of them, including posting on the BPI Wealth Website, BPI Wealth Mobile app, BPI Website, or by such other electronic transmission or use of an electronic platform which the Bank, at its option, considers appropriate and effective.
8.1 I agree that where particular transactions, products and services are subject to specific terms and conditions agreed upon between me and the Bank, insofar as not inconsistent herewith, such terms and conditions are made integral parts of this Agreement by reference and shall likewise be resorted to in instances where they are applicable.
8.2 I further agree to be bound, where applicable, by the Terms and Conditions of the Bank of the Philippine Islands governing PRODUCTS, SERVICES, FACILITIES, AND CHANNELS including any amendments or supplements thereto, as well as, other terms and conditions implemented by the Bank in relation to its products and/or services.
8.3 This Agreement shall be governed by all applicable rules and regulations of the Bangko Sentral ng Pilipinas (BSP). https://www.bsp.gov.ph
The Bank may modify, amend or revise this Agreement or any of the terms and conditions applicable to any of the BPI Wealth Services from time to time. I shall be notified of any such modification, amendment or revision via mail, e-mail, posting on the Bank's website, BPI Wealth Website and Mobile app or by such other electronic transmission or use of an electronic platform which the Bank, at its option, considers appropriate and effective. Any such modification, amendment or revision shall be valid and binding upon me on the date of effectivity specified in the notice. My continued use and/or availment of any of the services and facilities offered by the Bank under the BPI Wealth Services thereafter will constitute my acceptance of the modifications, amendments or revisions to this Agreement or the terms and conditions applicable to any of the BPI Wealth Services.
The Terms and Conditions governing the BPI Wealth Services shall likewise govern the upgraded/expanded/improved/modified versions of the Facilities. By using or continuing to use any or all of the Facilities, I agree to the Terms and Conditions covering the updated/expanded/improved/modified versions of any or all of the BPI Wealth Services and any Amendments, as applicable.
All Intellectual Property Rights arising from or in connection with the BPI Wealth Services are owned by the Bank or licensed from a third party. I agree not to do any act or thing inconsistent with the Bank's or such third part's ownership of the Intellectual Property Rights. In the event of any infringement or suspected infringement of the Bank's or such third party's Intellectual Property Rights, I agree to notify the Bank thereof and shall take such reasonable action as the Bank shall direct in relation to such infringement. I agree not to engage in any activity or commit any act, directly or indirectly, that may contest, dispute, or otherwise impair the Intellectual Property Rights of the Bank (or its licensors).
12.1 To the full extent allowed by applicable laws, all warranties, whether express or implied by law or statute, are excluded from this Agreement, including, but not limited to, any implied warranties of merchantability, title, fitness for a particular purpose, and non-infringement. The Bank does not represent or warrant to me that the BPI Wealth Services: (i) will meet all my requirements, (ii) will be uninterrupted, timely, secure or free from error, (iii) will function to meet Authorized User's requirements, and (iv) will be compatible with future products or services of the Bank. Access to the BPI Wealth Services is provided as is.
12.2 While the Bank has used commercially reasonable efforts to design for and test the BPI Wealth Services and BPI Wealth Website and BPI Wealth Mobile app on most browsers, devices, and operating systems, it does not guarantee that the BPI Wealth Website and BPI Wealth Mobile app will work or be compatible on all browsers, devices, or operating systems.
13.1 I agree to hold the Bank and its subsidiaries and affiliates, successors and assigns (the "BPI Group of Companies"), including any of their respective directors, officers, agents and representatives, free and harmless, as well as indemnify them, from any and all liabilities, claims, damages, suits of whatever nature, arising out of or in connection with the implementation of this Agreement and/or my availment of the BPI Wealth Services, including, but not limited to, any and all errors inadvertently committed, any computer-related errors resulting to the Bank's failure to effect any Account balance request, portfolio access request, subscription or redemption of investment funds, and/or such other services, as well as, on account of any transaction that I may undertake using the BPI Wealth Services.
13.2 The Bank shall not be liable for any loss or damage by reason or as consequence of:
13.3 The Bank shall not be liable for any losses or damages resulting from circumstances over which the Bank has no direct control, including, but not limited to, my linking of my Linked Device, unauthorized access to any OTP sent to my Registered Mobile Number, my disclosure of my personal information, Login Credentials, Mobile Key and/or OTP to other persons " regardless of whether such disclosure was intentional or inadvertent, the failure of electronic or mechanical equipment or communication lines or other interconnection problems, system downtime, pandemics, epidemics, government actions, severe weather, earthquakes, floods, fire or other such other similar events.
13.4 To the full extent allowed by applicable laws, the Bank shall not be liable to me for any special, consequential, indirect, exemplary, incidental or punitive damages, including but not limited to lost profits or actual or anticipated revenue, lost opportunities and business interruption, howsoever caused, whether under a theory of contract, warranty, tort (including negligence), product liability, or otherwise, arising out of or in connection with this Agreement or its termination, and irrespective of whether I have advised the Bank of the possibility of any such loss or damage.
13.5 All expenses and legal costs related to BPI's enforcement of its rights and remedies under these BPI Wealth Terms and Conditions or under law or equity shall be for my account and may either be debited against any of my accounts with BPI or with any member of the BPI Group of Companies or directly collected from me.
If any of these Terms and Conditions or amendments is declared to be invalid or unenforceable, the remaining portions or provisions hereof shall remain in full force and effect.
I acknowledge and agree that updated information relating to me, my transactions, business and credit relationships, Account information or records, provided by me or made available to or in the possession of the Bank or any member of the BPI Group of Companies (collectively, the "Information") may be collected, obtained, used, stored, consolidated, processed, profiled, benchmarked, disclosed, and shared to by the Bank or any member of the BPI Group of Companies, or by and between the Bank and another member of the BPI Group of Companies, or by and among the Bank and other members of the BPI Group of Companies, for any or all of the following (the "Purposes"):
1. To approve, manage, facilitate, administer, implement, and provide the products, services, transactions, and facilities availed of and/or selected by me;
2. To comply (i) with the Bank's and/or the relevant member of the BPI Group of Companies" operational, audit, administrative, credit and risk management processes, policies and procedures, (ii) this Agreement, (iii) the Bangko Sentral ng Pilipinas" rules and regulations, and (iv) legal and regulatory requirements of government regulators, judicial or supervisory bodies, tax authorities or courts of competent jurisdiction, as the same may be amended or supplemented from time to time;"
3. To comply with applicable laws of the Philippines and those of other jurisdictions including the United States Foreign Account Tax Compliance Act (FATCA), the laws on the prevention of money laundering and terrorism activities, and the implementation of know your customer and sanction screening checks;
4. To develop and enhance the product, business and customer offerings of the Bank and/or any member of the BPI Group of Companies, which may include the conduct of product, system, statistical or business analysis, surveys, schemes, profiling, benchmarking, planning and research;
5. To pursue marketing, sales, promotional, advertising, and business initiatives (the "Marketing Initiatives"), which may include" the development, formulation, dissemination, distribution and rollout of Marketing Initiatives information, materials, documents or brochures, relating to the products, services, events, promotions, programs, and offers, of the Bank or of any member of the BPI Group of Companies or by third parties with which the Bank or any member of the BPI Group of Companies, under a duty of confidentiality, has contracted with (the "Program Partners"), whether" such Marketing Initiative is undertaken individually by the Bank or by any member of the BPI Group of Companies or pursued together with any member of the BPI Group of Companies or with Program Partners under a joint venture initiative, servicing agreement, cross-selling arrangement," loyalty or promo program or any project undertaking on a collective or tie-up basis;"
For purposes of this Agreement, "BPI Group of Companies" means, collectively, the Bank and its direct and indirect subsidiaries and affiliates, such as, but not limited to, BPI Family Savings Bank, Inc. (BFSB), BPI Direct Banko, Inc., BPI Capital Corporation, BPI Asset Management and Trust Corporation, BPI Investment Management, Inc., BPI/MS Insurance Corporation, BPI Century Tokyo Lease & Finance Corporation, BPI Century Tokyo Rental Corporation, and BPI Securities Corporation.
6. In compliance with regulatory requirements, to verify or validate my Information in any reasonable manner from any and all sources including (but not limited to) the (i) Bureau of Internal Revenue (BIR) to establish the authenticity of my income tax return which I submitted to the Bank or any member of the BPI Group of Companies, or (ii) courts, government agencies or arbitral tribunals on the status of any case or proceeding to which I may be a party;
7. To carry out, fulfill and complete the transactions authorized by me in connection with the Bank's performance of the services, facilities and channels contemplated under this Agreement.
Pursuant to the relevant Purpose(s), the Bank may share and disclose my Information, whether within or outside the Philippines, under a duty of confidentiality:
The foregoing constitutes my express consent and waiver under the applicable bank secrecy, confidentiality and data privacy laws of the Philippines and other jurisdictions, including without limitation, the provisions of RA No.1405 (The Law on Secrecy of Bank Deposits), RA No. 6426 (The Foreign Currency Deposit Act), RA No.10173 (Data Privacy Act of 2012), RA No.8791 (The General Banking Law), RA No.9510 (Credit Information System Act (collectively, the "Bank Secrecy and Privacy Laws") "and I agree to hold BPI, each member of the BPI Group of Companies, and their respective directors, officers, employees, authorized representatives, agents and service providers free and harmless from any and all liabilities, claims, damages, suits, costs, and expenses resulting from or in connection with the implementation of the Purposes and authorities conferred under this BPI Wealth 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 my written consent and waiver for purposes of such applicable laws. Any agreement between me and the Bank or any member of the BPI Group of Companies to maintain confidentiality of information shall continue to be observed to the extent that such agreement is not otherwise inconsistent with the consent to disclosure of Information authorized under this Agreement.
To have a consolidated view of my investments, I hereby authorize each member of the BPI Group of Companies to share my Account information, including account details and balance, loan and securities portfolio information (the "Portfolio Information") with my Relationship Manager and other relevant personnel of the Bank." The Portfolio Information will only be used by the Bank for the following:
This constitutes my consent as required under pertinent laws of the Philippines and other jurisdictions.
I consent to BPI's recording of my telephone instructions to or conversations with BPI Customer Contact Center Officers or staff and hereby agree that such recordings may be submitted as evidence in any court or other proceedings relating to my availment of the services of the BPI Contact Center and BPI Wealth Services.
I acknowledge that only calls coursed through the 24-Hour BPI Preferred Hotline (+632) 7791-0077 or calls coming from the BPI Customer Contact Center at (+632) 7796-2500 or (+632) 8459-2200 shall be the official calls for the above-mentioned telephone instructions for recording. The Bank shall not be responsible for any claims, losses, damages, or liability for any calls recorded or instructions received with regard to the BPI Wealth Services from any other telephone or cellphone number. I shall immediately inform the Bank through its established guidelines and procedures if I receive any calls or telephone instructions from any unauthorized contact number.
18.1 In the course of providing the services contemplated under this Agreement, the Bank will be collecting information (including personal information) relating to me. The Bank's Data Privacy Statement explains how the Bank collects, protects, uses, shares and stores my personal information and is deemed incorporated herein by reference. To learn more about the Bank's Data Privacy Statement, I may visit the Bank's Website at www.bpi.com.ph as well as the BPI Wealth Website.
18.2 The Bank acknowledges and agrees that, in the course of implementing the use of the BPI Wealth Services, it may receive or have access to my personal information, business information, beneficiaries and customers. As used in this Agreement, the term "personal information" shall have the meaning ascribed to it under RA No.10173 (Data Privacy Act of 2012). The Bank agrees to comply at all times with the requirements on the collection, processing and handling of personal information under the (Data Privacy Act of 2012 and its implementing rules and regulations.)
18.2 I understand that my continued access into the Bank's network of websites or use of this service will constitute my acceptance of the BPI Data Privacy Statement as the same may be revised or updated from time to time.
I hereby declare that: (i) all the statements, information and supporting documents provided by me are true, correct, accurate and updated; (ii) where the information or data provided was collected by me from third party sources, the relevant consent has been secured by me from the relevant parties to whom such information relates; (iii) any material misrepresentations or falsity or omission on my part will be construed as an act to defraud the Bank and may be a ground for the termination of this Agreement, or the" cancellation or termination of my access to any of the BPI Wealth Services, without prejudice to such civil and/or criminal liability that the Bank may pursue against me; (iv) the Bank may impose such terms, conditions and requirements as it may deem necessary or proper relative to my availment of any of the BPI Wealth Services; (v) I shall notify the Bank of any material change affecting the information provided by me; and (vi) in using any the BPI Wealth Services, I shall comply with all applicable laws, rules and regulations.
This Agreement shall be governed by and construed in accordance with the laws of the Republic of the Philippines. Any dispute arising hereunder shall be submitted to the exclusive jurisdiction of the proper courts of Makati City, Philippines, to the exclusion of all other venues.
Maintaining your privacy is an important part of the products and services that Bank of the Philippine Islands (hereafter, "we", "us", "our", the "Bank" or "BPI") provide. This BPI Wealth Privacy Notice, hereafter referred to as "Privacy Notice", explains how we collect, protect, use, and share your data when you access and use any of the BPI Wealth platforms such as the BPI Wealth website and BPI Wealth mobile app (hereinafter, "BPI Wealth website", "BPI Wealth mobile app", or "BPI Wealth channels").
When you access or use the BPI Wealth website and/or BPI Wealth mobile app, you consent to the collection, use, processing, and disclosure of your information in accordance with our Data Privacy Statement.
Your access to BPI Wealth website and/or BPI Wealth mobile app may require the input or use of some of your personal data to be able to verify your identity, login to your BPI Wealth account, and authenticate your transactions.
We collect personal and non-personal data through your use of BPI Wealth channels and services.
We collect information that you may purposely provide to us, including:
We automatically collect information when you use and access the BPI Wealth website and/or BPI Wealth mobile app:
We may collect non-personal information, aggregated and anonymised data about your use of BPI Wealth website and/or BPI Wealth mobile app, including:
The personal data that you provide may be used to access your BPI Wealth account and avail of products and services via the BPI Wealth website and/or BPI Wealth mobile app. We may also use your personal data to inform or offer you about products and services that we think may be relevant to you.
We use personal data collected through the BPI Wealth website and/or BPI Wealth mobile app to:
BPI uses personal data collected only for the purposes for which it was collected and such other purposes that you may have consented to.
We may share your personal data with our subsidiaries, affiliates or other third party partners and vendors, under an obligation of confidentiality, in order to:
We may retain information for as long as the purpose for which it was collected, and such other purposes that you may have consented to from time to time, remains in effect and until such time as it is no longer required nor necessary to keep your information for any other legal, regulatory or business purposes.
The privacy and security of your personal data is important to us. Appropriately, we employ digital, operational, and physical safety measures and safeguards to maintain the confidentiality, integrity and availability of your personal data. We train our employees to properly and carefully manage personal data. We require our third party partners and vendors to protect personal data aligned with our own security standards.
In respecting your rights to privacy, you may opt to tell us:
If you wish to opt out from promotional messages in the future, send us a request through our our 24-hour BPI Contact Center at (+632) 889-10000.
To learn more about your rights and how we process and protect your personal data, please refer to BPI's Data Privacy Statement: https://www.bpi.com.ph/privacy
For any queries, clarifications or requests pertaining to the processing of your personal data, please visit any of our branches or get in touch with our 24-hour BPI Contact Center at (+632) 889-10000 or email us at privacy@bpi.com.ph.
You may also write our Data Protection Officer at:
Bank of the Philippine Islands
Tower One, Ayala North Exchange
6796 Ayala Avenue corner Salcedo St.
Legaspi Village, Makati City 1226
Philippines