What is BankCom [Personal]? It is an online banking platform for Bank of Commerce individual clients designed for managing bank accounts and performing various banking transactions. What are the features of BankCom [Personal]? The features of BankCom [Personal] are: Account Enrollment Enrollment of additional own Balance Inquiry Transaction History Funds Transfer Bills Payment InstaPay and PESONet Prepaid Mobile Reload Checkbook Re-order Managers Check Request BankCom [Personal] Terms and Conditions The words âI,â âme,â and âmyâ refer to the Client enrolled to and using Bank of Commerce (BankCom) retail internet banking services (herein referred to as BankCom [Personal]). The words âyouâ and âyourâ refer to Bank of Commerce or BankCom. The following are the terms and conditions for the use of the BankCom [Personal], and it includes features for secure online banking services such as, but not limited to: Account Inquiry and Viewing of Transaction History Enroll Own Account Fund Transfer (Own Account, Other BankCom Accounts, Other Banks) Bills Payment Checkbook Request Prepaid Mobile Reload Manager`s Check Request QR Generator I understand that you have the sole discretion to limit the availability of the immediately preceding features and likewise, to introduce additional features for BankCom [Personal]. All terms and conditions of existing current, savings, time deposit, credit card, cash card and/or such other account agreements with you (hereinafter referred to as Terms and Conditions Governing Deposits, and other Terms and Conditions applicable for Credit Card and Cash Card), insofar as these are not inconsistent with the terms and conditions governing all the other BankCom products, services, facilities and channels, shall remain in full force and effect and shall form part hereof. 1. BankCom [Personal] Access 1.1. I understand that my completion and submission of the Enrollment Form does not automatically qualify me to use BankCom [Personal], and agree that you have the sole discretion to determine whether or not I and/or my account(s) for enrollment shall be qualified for BankCom [Personal]. 1.2. I understand that only those account(s)/card(s) that I have specifically enrolled will be actually enrolled to BankCom [Personal] (âEnrolled Account/Cardâ). 1.3. I agree that you have the sole right to impose rules and procedures on the enrollment of eligible accounts/cards. Eligible accounts/cards and enrollment rules and procedures will be disseminated by you through scheduled announcements. I understand that I would need to activate my enrollment using the Activation Code for savings or checking account or Permission Code for cards, provided via SMS and I shall be informed of the qualification of my account/card via email notification. For this purpose, I will ensure that my mobile number and email address in your records are updated, subject to the conditions stated in paragraph 2.1. 1.4. I further agree that access to BankCom [Personal] shall require a Device that meets the minimum technical specifications prescribed by you and the security conditions described in paragraph 2.5. Device shall be understood to include mobile device, tablets, wearables, laptops or personal computers. 1.5. To access my Enrolled Account/Card through BankCom [Personal], I must have a valid User ID and password, hereinafter referred to as my âLog-in Particularsâ. 1.6. I shall nominate my Log-in Particulars during my initial enrollment (filling up of the online application form) to BankCom [Personal], and I shall use my Log-in Particulars to access BankCom [Personal], and transact with my Enrolled Accounts/Cards for: (i) Account Inquiry and Viewing of Transaction History, (ii) Fund Transfer, (iii) Bills Payment, (iv) Checkbook Requests, (v) Prepaid Mobile Reload, (vi) Managerâs Check Request, (vii) QR Generator and (viii) other services. 1.7. I agree and undertake not to disclose my Log-in Particulars to any person, to exercise reasonable care in securing this information, and to assume full responsibility for all transactions made in my accounts/cards through the use of my Log- in Particulars. Any and all banking transactions requested and effected using my Log-in Particulars shall be presumed by you to be performed and/or authorized by me. 1.8. As added protection for my Enrolled Account/Card, I agree and commit to change my password every ninety (90) calendar days or as frequently as you may prescribe through BankCom [Personal]âs Change Password Facility. This does not however restrict me from changing my password more frequently than what you prescribe, and as I may deem necessary. Should I opt to waive the password change prompted by the system, I will ensure to exert greater effort to protect my Log-in Particulars to prevent unauthorized access or transactions using my Enrolled Account/Card. 1.9. For my protection, I agree that you have the right to disable my access to BankCom [Personal] if any of my Log-in Particulars, One-Time Password (OTP), or Mobile Personal Identification Number (MPIN) are entered incorrectly three (3) consecutive times. Should my access be disabled, I may request a password reset and User ID reactivation through the Bank of Commerce Customer Service. I further understand that my request is subject to your approval and may not be immediately and automatically approved for reasons that may not be disclosed to me. 1.10. You shall consider acting only on those instructions actually received by you in accordance with BankCom [Personal] terms and conditions. You shall not in any way be responsible for damages or losses caused by delays or failure to perform your duties pursuant to BankCom [Personal] when such delay, failure or inaccuracy, is directly or indirectly occasioned by, or traceable to reasons beyond your control, such as, but not limited to, destruction of the files due to computer virus or other technical malfunction, including any mechanical, electronic, or communications failure, or any other events pertaining to force majeure or act of God, riot, war, civil unrest, pandemics, or natural calamities such as floods, typhoons, earthquake, and the like. 1.11. I acknowledge that you shall have no obligation to verify the authenticity of any instruction received from me relative to any of my Enrolled Account/Card, and you may, without further inquiry, act on any directive contained in that instruction. I agree that you shall have the sole discretion whether or not to act and/or implement any of my instructions, and that you have the right to cancel and/or refuse to execute any of my instructions at any time without incurring any liability whatsoever, and without the obligation to notify me and to state the reasons for said inaction. In case of conflict between my record and your record of any instruction, the latter shall be final and binding. 1.12. I agree that you have the sole right to deactivate my Enrolled Account/Card even without prior notice to me, whether the deactivation be temporary or permanent, if: (i) I fail to comply with your rules, regulations, policies and standard operating procedures relating to my Enrolled Account/Card, (ii) I fail to show any activity in my Enrolled Account/Card for a period prescribed by you, (iii) you deem that my continued access or use of BankCom [Personal] may produce adverse effects to you, or (iv) if you have reason to believe, based on your assessment, that my access to BankCom [Personal] may be compromised due to (aa) certain device settings, (bb) installed after-market software, (cc) signs of jailbreaking or rooting, or (dd) other conditions contained or detected in my Device which makes it vulnerable to cyber risks. 1.13. I understand and accept that occasionally, some or all of the BankCom [Personal] services may be unavailable due to maintenance and/or computer, telecommunication, electrical or network failure or any other reasons beyond your control. During these times, I agree that you shall not be liable for any and all consequences, which may arise, directly or indirectly, from my inability to access BankCom [Personal]. 1.14. I agree that you have the right to alter the scope and availability of BankCom [Personal] and to modify, restrict, withdraw, cancel, disconnect, deactivate, suspend or continue any or all the services mentioned herein without prior notice to me. 2. Limit on Liability and Accuracy of Information 2.1. I am responsible for and must take all reasonable care to ensure that the information I supply is accurate and updated. You shall not in any way be responsible or liable for any and all consequences resulting from my inaccurate or outdated information, and/or for all consequences for my failure to transmit such information in the place and manner as may be required by you. 2.2. I agree that before you can process any request I may make, I shall give you all required information, such as but not limited to, type of transaction, account number, subscriber number, amount, and reference number. I admit that your record of transactions maintained through your computer systems or database shall be conclusive and binding upon me for all intents and purposes. 2.3. I must notify you immediately of any error in my BankCom [Personal] transactions. I agree that I shall exhaust all means to immediately communicate with you, my concerns. 2.4. I accept that you do not guarantee immediate resolution of my requested error correction, including requests for reversal. However, you shall inform me of the results of your investigation as soon as possible and promptly correct any error that you may determine to be caused by you. 2.5. I shall ensure that I keep my Device free from malicious software (âMalwareâ shall be understood as a software that is designed to harm or exploit any device it infects, like a computer virus that sneaks into my device through an email, a bad website, or a sketchy app. Once it is in, it can steal my personal information, mess with my files, or even take control of my device.) I shall ensure that my Device has good antivirus protection at all times and is updated on the latest security features to protect my access to BankCom [Personal]. You shall not be liable for any losses, damages or liabilities that I may incur while accessing BankCom [Personal] in the event that my Device is infected with Malware, or its security is compromised. 2.6. I agree to hold you, your subsidiaries and affiliates, as well as any of your directors, officers, employees and representatives, free and harmless from any and all claims, liabilities, losses or damages that I may incur: for inaccurate or incorrect entries, omissions, discrepancies, and unauthorized transaction(s) in your statement and/or record that I did not immediately report to you; for my failure to properly safeguard my Log-in Particulars, including my User ID and password, as well as my linked devices, One Time Passwords (OTPs), and Mobile Personal Identification Number (MPIN), or to promptly report any loss of my Device, unauthorized access or suspicious activity, and for any resulting unauthorized interception, use, or mis-delivery of data relating to me or my account(s)/card(s); for discontinuance or cancellation of my account/card, subscription, or service coverage pertaining to third party merchants or service providers, which may be due to my unpaid bills or obligations or any reason by such merchant or service provider; except when due to your fault or negligence, for malfunctions/problems relative to your communications facilities, internet access, computer software and hardware, or due to any other circumstances beyond your control such as severe weather, flood, earthquake or other natural disasters, fire, war, strike, acts of civil or military authority, computer virus, equipment failure, interruption or failure of electricity that may affect the timeliness or accuracy of instructions sent by me or using my Log-in Particulars; for any instruction that has not been implemented, and my failure to verify the same and/or my failure to immediately report it to you; for my inability to use the BankCom [Personal] or for denial of any service or access to BankCom [Personal] when my Device is suspected, proven, or verified to be (i) jailbroken and rooted; and/or (ii) on developer mode; and for unauthorized actions or transactions using my Log-in Particulars and/or biometrics; or for any other cause beyond your control, such as, but not limited to problems caused by (i) my wireless service provider or telecommunications network; (ii) Jailbreaking or Rooting, when someone removes the restrictions set by the manufacturer on my Device (I understand that Jailbreaking or Rooting is like breaking limitations or restrictions installed in a device allowing third parties to install apps and features or make changes that the device manufacturer does not allow, and such makes the device less secure and more prone to Malware.); (iii) enabling developer mode or enabling device for development of applications; (iv) any other modifications, alterations, conversions and/or changes made in my Device; (v) the uploading of unauthorized file and/or script, installation and/or the presence of Malware (including viruses and/or bugs) on my Device to capture Log-in Particulars; and/or (vi) the use of unsupported Device operating system (OS) versions making it vulnerable to cyber risks or attacks. 2.7. At no instance shall you be liable for any indirect, incidental or consequential loss, loss of profit or damage I may suffer or have suffered by reason of my use or failure or inability to use the features of BankCom [Personal]. 3. Authentication and Transaction Security 3.1. I acknowledge and agree that my access and use of BankCom [Personal] require authentication through the methods made available by the Bank. 3.2. For BankCom [Personal] Web, login authentication is performed by entering (i) the User ID and password I nominated during enrollment; and (ii) an SMS One-Time Password (OTP) sent to my registered mobile number for verification. Transaction authentication shall require either an SMS OTP or a one-time password manually generated via my enrolled primary mobile Device. 3.3. For the BankCom [Personal] Mobile App, login authentication is performed by entering my nominated User ID and password or through biometric login (facial or fingerprint recognition) on a registered Device. I may register up to two (2) Devices but can only have one primary Device, which must have the Mobile OTP function enabled to be able to perform transactions within the app. Devices not set as a primary Device can only perform Fund Transfer to Own Account (FT Own) transactions. Once a Device is designated and recognized as my registered primary Device, it shall be deemed a trusted and secure Device. Transaction authentication for every financial transaction shall be done via (i) the generation of a background OTP that the system automatically retrieves and inputs through my registered primary Device; and (ii) the entry of my Mobile Personal Identification Number (MPIN). The MPIN works in conjunction with the background OTP to authenticate all my financial transactions and other secure functions within the app, providing an additional layer of protection. * The MPIN is a six-digit code which I nominate. During the registration of my MPIN, I will receive a One-Time Password (OTP) sent to my registered mobile number to validate the registration. 3.4. I acknowledge that my registered mobile number and primary Device must remain under my possession and control at all times. BankCom shall not be liable for any unauthorized access or transaction resulting from my failure to secure my Log-in Particulars, biometrics, OTPs, MPIN, or Devices. 4. 4. Local Reference Number and Email Notifications 4.1. A corresponding Reference Number shall be assigned to serve as reference for every successful transaction in BankCom [Personal]. 4.2. For unsuccessful attempts to access BankCom [Personal] using my Device affected by conditions mentioned in paragraphs 2.6 (f) and 2.6 (g), an Error Code shall be assigned to serve as reference together with the short description of the type of condition detected. 4.3. You will send a notification via email and/or SMS for every successful and/or unsuccessful transaction conducted through BankCom [Personal]. The transaction shall also appear under the View Details Status of Transaction Function of BankCom [Personal]. 5. Channel Availability and Transaction Cut-Off 5.1. I understand that BankCom [Personal] may be unavailable at times due to system downtime for maintenance or computer, telecommunication, electrical, or network failure, detection of Device vulnerability to cyber risks/attacks and/or any other reasons beyond your control. You shall not be liable for the consequences arising from my inability to access BankCom [Personal] due to these circumstances. 5.2. I acknowledge that transactions made through BankCom [Personal] shall be subject to your prescribed cut-off time, and transactions made after the designated cut-off time shall be considered transactions made on the next Banking Day and subject to your regular processing time. You may, from time to time as you deem necessary, amend the transaction cut-off time even without prior notice to me. Banking Day refers to any day which banks in the Philippines are open for business, excluding Saturdays, Sundays, Philippine legal holidays and special non-working holidays declared by the Philippine Government. 6. BankCom [Personal] Services 6.1. Account/Card Inquiry I can access the current balance, available balance and transaction history of all my Enrolled Account/s in BankCom [Personal]. The Account/Card Balance can be viewed in Philippine Peso for Peso accounts and in foreign currency for Foreign Currency Denominated Unit (FCDU) accounts. All transactions for the previous month up to ninety (90) days earlier can be viewed under Transaction History. Requests for transaction history for those made beyond ninety (90) days, including those made one (1) to five (5) years earlier, shall be coursed through my branch of account. In case the Enrolled Account is a time deposit, I can also access the principal and maturity amount. 6.2. Fund Transfers (including through InstaPay and PESONet), Bills Payment and Prepaid Mobile Reload Only cleared or withdrawable balances of my Enrolled Account shall be considered available for fund transfers, bills payment and prepaid mobile reload. In case of insufficient funds in said Account, the request for transfer and/or payment will be automatically rejected. You shall not be responsible for any third party claim, demand, and/or liability or action, of whatever kind or nature, whether past, present or contingent, in connection with, relative to or arising, wholly or partially, from a) requests for fund transfer and/or Bills Payment and/or prepaid mobile reload against my account with insufficient funds, b) requests for fund transfer, and/or Bills Payment and/or prepaid mobile reload against my account put on hold or closed, c) requests for fund transfer and/or Bills Payment and/or prepaid mobile reload against my account frozen or garnished by order of a court or other authorized entity, d) requests for fund transfer and/or Bills Payment and/or prepaid mobile reload containing incomplete and/or incorrect transfer or payment information, and e) any other circumstances beyond your reasonable control which prevent the transfer or payment, despite reasonable precautions taken by you. I accept that it is my responsibility to check the status of Fund Transfers, Bills Payment and Prepaid Mobile Reload transactions. You shall have no obligation or liability if a transfer or payment is not completed due to, but not limited to, insufficiency of funds or violation of your prescribed limits. Likewise, it is my responsibility to provide alternative methods for Fund Transfers, Bills Payments or Prepaid Mobile Reload. In case of multiple Fund Transfers, multiple Bills Payments or, multiple Prepaid Mobile Reload from one source account, and the total available balance of that source account is not sufficient to accommodate all of the requested transfers and/or payments, you shall have the sole discretion to determine which request for transfer or payment shall be allowed and completed. I can only transfer funds to and from accounts of the same currency. Fund Transfers (except through PESONet) are done in real time. However, fund transfers for the purpose of funding a check shall be subject to the 6:30 P.M. cut-off time in Philippines. Any check funded after this cut-off time and is returned due to insufficient or uncleared funds will not be honored by you. I understand that the cut-off time may be adjusted from time to time as you deem fit or as mandated by regulatory agencies. Bills Payment should be done before the 11:59 P.M. cut-off time in Philippines, for the same to be considered as payment for that particular day. I understand that the cut-off time may be adjusted from time to time as you deem fit or as mandated by regulatory agencies. Post-dated and recurring intra-bank transfers, Bills Payments, and Prepaid Mobile Reload may be scheduled and will automatically be done on the date indicated for transfer or payment. Post-dated and recurring intra-bank transfers, Bills Payments, and Prepaid Mobile Reload must be scheduled at least one (1) Banking Day before the intended first date of transfer or payment, and at most twelve (12) months from the intended first date of transfer or payment. Failure to observe the one (1) Banking Day and twelve (12) month periods herein shall automatically cause the denial of the requested scheduled transaction. I understand that any cancellation of scheduled intra-bank Fund Transfer, Bills Payment, and Prepaid Mobile Reload must be done through BankCom [Personal] at least one (1) Banking Day before the scheduled date, with due consideration to the applicable cut-off time. I agree that Bills Payments made on a non-Banking Day shall be considered done and accordingly posted on the next Banking Day. For Bills Payment, any discrepancy and/or issue involving the billing amount and the paid amount shall be my sole responsibility and shall not involve you, and said issue will instead be resolved by me and the payee-company. Bills Payment transactions may be subject to applicable fees, which can be charged in addition to the amount intended for bill payment. These fees and charges may be subject to change, and any such changes will be communicated through announcements in any of the following media (e.g., BankCom [Personal] website, emails, SMS/text messages, BankCom official social media accounts) and I agree to be bound to the said changes. You shall be free from any obligation or liability arising from my fund transfer or Bills Payment which was not received by the intended merchant or paid in favor of the intended subscriber or applied to the correct card number caused by erroneous selection of merchant, transferee account, subscriber, card or account number. I agree that it is always my responsibility to ensure that transaction details provided are correct and accurate. 6.3. InstaPay and PESONet I understand that InstaPay is a real-time electronic fund transfer credit payment. Transfers are subject to transaction limits and fees that will be charged on top of the transaction amount. I understand that PESONet is a batch electronic fund transfer credit payment. Transfers are subject to transaction limits and fees that will be charged on top of the transaction amount. Transaction limits, transaction fees and cut-off schedules shall be posted in the bankâs official website (https://www.bankcom.com.ph/) and may be subject to change, which changes shall be made known through announcements in any of the following media (e.g. BankCom [Personal] website, emails, SMS/text messages, BankCom official social media accounts) and I agree to be bound to said changes. In the event that I input incorrect detail/s such as incorrect amount or account number, I should visit my branch of account, or contact the Customer Care at (02) 8632-2265 or customerservice@bankcom.com.ph, or message us through Bank of Commerce official Facebook Messenger account within twenty-four (24) hours and provide the following details: Name, contact number, and other credentials of the payor; Account from which the payment was made; Payee account details; Transaction Reference No.; Transaction amount; and Transaction date and time. e. All transactions shall be deemed final, and you shall not be liable for errors, neglects, or defaults which I made, as well as for any error/s and/or delays in the processing of transaction, or for any reason/s beyond your control. I further agree that recovery of the sum transferred or sent in error, upon validation by you and the Receiving Financial Institution (RFI), shall be on a best-efforts basis in accordance with existing laws, regulations and industry conventions. 6.4. Checkbook Reorder I understand that you may prescribe a limit in the number of checkbooks I can order per transaction, and that I need to enroll the corresponding checking account(s) in BankCom [Personal] for which a checkbook is requested. I recognize that my application for a checkbook is subject to your approval, and that you have the right to decline my request for a checkbook for grounds you may deem reasonable. Checkbooks will be available for pick-up at my branch of account. I understand that it is my responsibility to check and ensure whether or not my requested checkbook is already available for pick-up. 6.5. Managers Check Request I recognize that my application for a Managerâs Check is subject to your approval, and that you have the right to decline my request for a Managerâs Check for grounds you may deem reasonable. Managerâs Check will be available for pick-up at my branch of account. I understand that it is my responsibility to check and ensure whether or not my requested Managerâs Check is already available for pick-up. I understand that I can only request for cancellation of Managerâs Check via my Branch of Account. 6.6. BankCom [Personal] Future Services I agree that you may introduce new BankCom [Personal] services, and I will be notified of these new services. I agree that by using these services when they become available, I shall be bound by the Terms and Conditions applicable thereto. 7. Service Charges 7.1. I consent that any cost or service charge incurred for any transaction may be debited from any of my account(s) with you without need for further demand, notice or consent. I shall take full responsibility and you shall not be liable for failure to carry out or complete any transaction due to insufficient funds after your deduction of any applicable cost, charge or fee. 7.2. I agree that you have the right to impose additional charges and/or change existing charges within the limits allowed by law. The rate of such charges, period and method of payment shall be made known through your announcement, which shall be binding upon me. 8. Termination of Service 8.1. I may request that you terminate my access to BankCom [Personal] permanently by visiting any of your branches. 8.2. I agree to remain responsible for all transactions made on my account, subject to the conditions herein, until the time of actual access termination. You shall not be liable for any and all consequences, direct or indirect, arising from any scheduled transaction(s) previously made by me after the access termination. 8.3. You may terminate my access to BankCom [Personal] at any time even without prior notice to me, under any of the following circumstances: my breach of any of the terms and conditions of BankCom [Personal] and/or the Terms and Conditions Governing Deposits; your knowledge of my death, bankruptcy or lack of legal capacity or that I have committed an act of bankruptcy or that a bankruptcy petition has been filed against me; my accounts have insufficient funds to cover fund transfer or payment instructions; your knowledge of suspicious transactions, or apparent or ongoing fraud; or other reasonable grounds that you have determined to be sufficient to terminate my access. 8.4. Any liability I have incurred shall survive access termination. 9. Other Agreements 9.1. Transactions performed via BankCom [Personal] shall be subject to your rules and regulations pertaining to bank accounts, credit cards and cash cards as well as terms and conditions for Bills Payment and fund transfer service agreement insofar as they are applicable. 10. Data Privacy 10.1. I am acknowledging and exercising my rights under Republic Act No. 10173, otherwise known as the Data Privacy Act and its Implementing Rules and Regulations, and I hereby give my consent to you and/or your branches, units, agents, authorized representatives, representative offices, affiliates, subsidiaries, accredited third-party partners or third parties which provide related services or have contractual obligations with BankCom, counterparties, correspondent banks and other financial institutions, and service providers, including payment system providers, to process, use and share among yourselves the relevant Personal Data (refers to ALL types of personal information â personal, sensitive and privileged as defined under the Data Privacy Act and its Implementing Rules and Regulations) written on the application for the opening of my account/s as well as the Personal Data obtained in the course of my transactions, including those performed through BankCom [Personal], with you, your branches or units in relation to my account/s, or obtained from third parties for purposes of client identification, client risk profiling/assessment, product development and improvement, market research, communications relevant to the life cycle or usage of my account/s, financial crime or fraud detection, investigation, and prevention, including those arrangements pursuant to industry-wide initiatives, dispute resolution, compliance with BSP rules and regulations, anti-money laundering laws, rules and regulations, FATCA, and such other purposes as may be allowed or required by law or regulations. 10.2. I also acknowledge that my Personal Data shall be retained for a period of not less than five (5) years from the time my account/s is/are closed, cancelled, or terminated as required or allowed under applicable laws, rules, and regulations, unless a longer period is necessary in view of an investigation being conducted, or a criminal, civil or administrative case has been filed in a competent judicial or administrative body, where my account/s is/are involved or where I am impleaded as a party to the case or investigation in which case/s, to the extent necessary, my Personal Data shall be preserved beyond the five (5) year period until such time that a final judgment has been reached by the judicial or administrative body. 10.3. I likewise hereby give my consent to you and/or your branches, units, agents, authorized representatives, representative offices, affiliates, subsidiaries, and accredited third-party partners, counterparties, correspondent banks and services providers to offer especially selected products and services to me through mail, e-mail, fax, SMS, or by telephone to ensure that I will have the opportunity to avail of the wide range of your products, services and facilities, your subsidiaries and affiliates, third party partners, counter-parties, correspondent banks, service providers, and any government entity exercising executive, legislative, judicial, quasi-judicial, regulatory or administrative functions, such as but not limited to the Bureau of Internal Revenue, the Social Security System and other similar government agencies. 11. Notices 11.1. Notices, advisories and similar matters pertaining to BankCom [Personal] shall be sent to my last known address or email address or mobile number that I have declared or submitted to you, and as appearing in your record. I may also pick-up said documents from my branch of account. 11.2. I understand that by using BankCom [Personal], I give you the right to send notices to me in any manner and frequency. I commit to provide and maintain operational and available e-mail address and/or mobile phone number for you to send communications or notifications as may be necessary. You shall not be liable for any undelivered e- mail communication, SMS or text message, or any cost that I may incur due to my delayed receipt of, or inability to receive our communication or notification through my e-mail and/or cellular phone facilities. I am responsible for updating my record in BankCom [Personal]. 11.3. For any concerns regarding my account, I may contact you through your Customer Care Hotline at (02) 8632-2265 or any of your Domestic Toll-Free Numbers: 1800-10-982-6000 (PLDT) and 1800-8-982-6000 (Globe Lines), or through your email at customerservice@bankcom.com.ph, or your official Facebook Messenger account. 12. Governing Law 12.1. This Agreement shall be governed by the laws of the Republic of the Philippines as well as all applicable rules and regulations of the Bangko Sentral ng Pilipinas (BSP). Should judicial action be necessary to enforce any right under this Agreement or to collect my obligation incurred under this Agreement, the venue of such action shall be at the courts of Mandaluyong City, to the exclusion of all other courts or venues. In case of suit or where collection is referred to a collection agent, I agree to pay you attorneyâs fees equal to 25% of the total demand but in no case less than Php50,000.00 and liquidated damages equal to 25% of your total claim in addition to the actual cost of collection. 13. Miscellaneous Terms 13.1. All logos in the BankCom [Personal] are either your trademarks or registered trademarks, or your licensors, and may not be copied, imitated or used, in whole or in part, without your prior written permission. Further, these logos may not be altered, modified or changed in any way, or used in a manner that is disparaging to you. Likewise, logos may not be displayed in any manner that may imply sponsorship or endorsement by you. 13.2. I understand that your BankCom [Personal] website is best accessed by having the minimum browser versions as indicated in the log-in page of BankCom [Personal] website. 13.3. For BankCom [Personal] mobile application, I shall regularly update it to the latest version for the optimal use of your application. 14. Acceptance of the BankCom [Personal] Terms and Conditions 14.1. By clicking the I ACCEPT button, I acknowledge that I have read, understood and accepted the terms and conditions set forth herein and have likewise acknowledged and accepted the corresponding risks related to the availment and use of BankCom [Personal]. Otherwise, please click the I DECLINE 14.2. I agree that you may amend these terms and conditions at any time, even without prior written notice to me, and such amendment shall be effective in accordance with the period required by the BSP and other applicable laws, rules and regulations upon posting of the revised terms and conditions. Posting, shall also mean uploading of the terms and conditions to the BankCom [Personal] website. 14.3. I agree that should any of the terms and conditions stated herein be held invalid, the legality and enforceability of the remaining terms and conditions shall not in any way be affected or impaired. 14.4. I agree to review the applicable terms and conditions periodically and my continued use of BankCom [Personal] will constitute my acceptance of these terms and conditions. 14.5. I hereby give my consent and authorize you to disclose the information I provided herein, which are otherwise considered confidential under the provisions of Republic Act No. 1405 (The Law on Secrecy of Bank Deposits), Republic Act No. 6426, otherwise known as the Foreign Currency Deposit Act, Republic Act No. 9510 (Credit Information Systems Act), Republic Act No. 8791 (General Banking Law) and any law relating to the secrecy of bank deposits, as is necessary and relevant to the evaluation of my application to avail of the various products, services and facilities offered by you, and for purposes of mandatory reporting to any Government Authority, credit bureau, exchange, and financial association to which you belong, such as, but not limited to, the Bankers Association of the Philippines (BAP), Philippine Clearing House Corporation (PCHC), BancNet, Philippine Payments Management, Inc. (PPMI), and the Credit Information Corporation (CIC). 14.6. I agree that I shall comply with the applicable rules, terms, and acceptable use policies governing InstaPay and its participating institutions, as may be issued or amended by the Bangko Sentral ng Pilipinas (BSP), PPMI, or BancNet. 14.7. I affirm that my use of InstaPay shall not violate any applicable law, regulation, or BankCom policy. 14.8. I am aware that BankCom may suspend or restrict access to payment services in case of suspected misuse, or as required by regulatory or interbank monitoring systems. 14.9. I authorize you to rely and act upon all instructions, information, orders, notices, requests, communications, other correspondences and documents which you may receive, may it be in physical copy or soft copy sent through my registered email address or registered mobile number as appearing in your bank records or through my telephone or mobile phone conversations or video conferences with you, and these instructions shall be final and binding upon me. I attest to the authenticity, genuineness, and due execution of the documents submitted to you in relation to these instructions, and the signatures and seals on such documents. I further authorize you to accept such instructions as correct, complete, accurate and duly authorized by me. 14.10. I agree that my telephone communications, phone conversations, and video conferences with you may be recorded. I authorize you to keep any such recordings or make written transcriptions of our telephone communications phone conversations, and video conferences and to use such recordings or written transcriptions to implement the instructions I have given. 15. Electronic Services Consumer Awareness Program (ESCAP) of the MORB Appendix 79: IT Risk Management Standards And Guidelines 15.1. Internet Banking Security Measures. As a client enrolled in and using BankCom [Personal], I assume a joint responsibility with you to ensure security and integrity of my financial transactions and personal information, such as but not limited to: Secure Login and Authentication Particulars. I shall keep my User ID, password, MPIN, and other authentication credentials strictly confidential at all times. I shall not disclose, record, or store them on any of my Devices or computers, and I shall ensure that my passwords and passcodes are sufficiently complex and not easily guessed. Enable Multi-Factor Authentication (MFA). I shall activate MFA whenever possible to add an extra layer of security to my accounts. Keep personal information private. I shall be vigilant against phishing emails, texts, or calls that attempt to trick me into revealing personal or sensitive information. I understand that legitimate financial institutions will never ask for my password or personal details via email or phone. Use secure networks. I shall only access my BankCom [Personal] from trusted networks, preferably using a private, password-protected Wi-Fi connection and avoid conducting sensitive transactions over public Wi-Fi networks, which may be vulnerable to interception. Keep software updated. I shall regularly update my Deviceâs operating system, internet browser, and antivirus software to patch known vulnerabilities and protect against malware and other threats. Monitor account activity. I shall regularly review my account statements and transaction history. For urgent concerns or those that may require immediate attention, such as but not limited to, unauthorized or suspicious activity, I shall immediately call your Customer Care Hotline at (02) 8632-2265 or any of your Domestic Toll-Free Numbers: 1800-10-982-6000 (PLDT) and 1800-8-982-6000 (Globe Lines). Check website security. I shall ensure that I am visiting your official website when logging into BankCom [Personal]. I will ensure to look for HTTPS in the URL and a padlock symbol in the address bar to confirm that the connection is secure (https://www.bankcom.com.ph/). Keep BankCom [Personal] mobile updated. I shall regularly update my BankCom [Personal] mobile app to ensure that I have the latest features, security patches, and improvements provided by you. Log out securely. I shall log out of my BankCom [Personal] session when I am finished, especially when using a shared or public computer to prevent unauthorized access to my account. Educate myself. I shall stay informed about the latest cybersecurity threats and best practices for online banking security. BankCom [Personal] Mobile App Troubleshooting DEVICE TYPE SHORTENED MESSAGE DESCRIPTION/TROUBLESHOOTING 1 Jailbreak detection (iOS): EC001: Sorry, your phone settings resemble rooted or jailbroken devices which prevent us from proceeding with your request. To know the risks and how to access our facility, visit our website or call Customer Care at +63 (2) 8-632-2265 or Domestic Toll-Free 1800-10-982-6000 (PLDT); 1800-8-982-6000 (Globelines). BankCom [Personal] will not run on a device that is jailbroken. 2 Root detection (Android): EC002: Sorry, your phone settings resemble rooted or jailbroken devices which prevent us from proceeding with your request. To know the risks and how to access our facility, visit our website or call Customer Care at +63 (2) 8-632-2265 or Domestic Toll-Free 1800-10-982-6000 (PLDT); 1800-8-982-6000 (Globelines). BankCom [Personal] will not run on a device that is rooted. 3 Detect Unknown Sources (Android): EC003: Sorry, your phone has an app sourced outside Google Play Store which may reveal confidential data to unauthorized third parties. Please disable it first. For further assistance, visit our website or call Customer Care at +63 (2) 8-632-2265 or Domestic Toll-Free 1800-10-982-6000 (PLDT); 1800-8-982-6000 (Globelines). 1. Go to “Settings” 2. Go to Search and type keywords with ‘Unknown Sources’ or ‘Unknown Apps’ 3. Disable the Apps that were enabled 4 Detect Developer Options (Android): EC004: Sorry, your phone’s setting has revealed an incompatibility with our app which can adversely affect its performance. Please disable âDeveloper Options’ first. For further assistance, visit our website or call Customer Care at +63 (2) 8-632-2265 or Domestic Toll-Free 1800-10-982-6000 (PLDT); 1800-8-982-6000 (Globelines). 1. Go to “Settings” 2. Go to Search and type keywords with “Developer options” 3. Disable this option 5 Detect Overlay Attacks: (Android): EC005: Sorry, your phone has an app which may reveal confidential data to unauthorized third parties. Please disable app settings that may draw over or appear on top of BankCom Personal. For further assistance, visit our website or call Customer Care at +63 (2) 8-632-2265 or Domestic Toll-Free 1800-10-982-6000 (PLDT); 1800-8-982-6000 (Globelines). A. App Overlay 1. Go to “Settings” 2. Go to Apps 3. Go to the app’s info (i.e. FB Messenger) and disable the options with keywords “appear on top”, “draw over other apps”, “overlay”B. Keyboard Overlay 1. Go to “Settings” 2. Go to Keyboard 3. Disable any option that would entail overlay on devices’ keyboard 6 Detect Keyloggers (Android & iOS): EC006: Sorry, your phone has an app (e.g., third-party keyboard) which may reveal your keystrokes and confidential data to unauthorized third parties. Please switch to the original keyboard. For further assistance, visit our website or call Customer Care at +63 (2) 8-632-2265 or Domestic Toll-Free 1800-10-982-6000 (PLDT); 1800-8-982-6000 (Globelines). 1. Go to “Settings” 2. Search keywords such as “default keyboard” 3. Revert to the original manufactured keyboard installed on the device 7 ONEShield (Android and iOS), the default notification is: EC007: Sorry, we’re unable to proceed with your request as your phone requires an urgent action, e.g., operating system update, malware removal, etc. To know more, visit our website or call Customer Care at +63 (2) 8-632-2265 or Domestic Toll-Free 1800-10-982-6000 (PLDT); 1800-8-982-6000 (Globelines). Client to ensure that the device is optimized and secure. 8 Deep Proxy Detection We have detected an untrusted connection. For your protection, please switch networks, close and reopen the app, or contact support. REF: 6510 Client to remove the proxy settings configuration on his/her device and/or network connection.