Section I. NATURE OF metrobankdirect
I (the Customer) acknowledge that metrobankdirect is a facility granted by you (Metrobank) which I may avail of for as long as it is offered by you, and provided that I continue to be qualified under your terms and conditions.
While metrobankdirect is available 24 hours a day, some or all of the services may not be available at certain times due to maintenance, computer, telecommunication, electrical, or network failure and/or any other reasons beyond your control.
Section II. PROPRIETARY INTEREST
You are the sole owner of all the information and materials (including any enhancements or modifications) used in, or derived from, providing me with metrobankdirect (including, without limitation, your website).
I recognize your proprietary interest in metrobankdirect and agree that:
metrobankdirect shall be used only for its intended purpose. I shall not disassemble, decompile, copy, modify or reverse engineer the software or allow anyone else to do so.
Any information relating to the use of metrobankdirect, except those which are of public knowledge, shall not be disclosed to any other party.
Section III. DISCLOSURE
If you are served with a subpoena or other legal process in connection with my relationship with you which may require the disclosure of any information or material related/incidental thereto, you shall notify me thereof, and I shall cooperate in the implementation thereof, except if I am lawfully contesting the legality of the same.
In case you shall be required by any government agency to disclose my relationship with you, you shall notify me of such requirement on a best effort basis prior to any such disclosure.
Section IV. SECURITY
You shall use reasonable effort to ensure that metrobankdirect is secured and cannot be accessed by unauthorized third parties. However, you do not warrant the security, secrecy or confidentiality of any information transmitted through any Internet service provider, network system or such other equivalent system in any jurisdiction.
I am deemed to have sole access to my accounts through metrobankdirect.
I shall be responsible for keeping my Customer ID and Password confidential. I am requested to change my initial password upon initial log-on. I shall not disclose my Customer ID and Password to any unauthorized person and shall take the necessary steps to prevent the discovery of my Customer ID and Password by any unauthorized person.
I shall notify you immediately upon receipt of any data or information through metrobankdirect, which is not intended for me and, when possible, shall delete such data or information from my terminal immediately. I shall ensure the strict confidentiality of such information.
Section V. LIMIT ON LIABILITY
You reserve the right to determine the scope of metrobankdirect, set or change the daily cut-off time, modify, restrict, withdraw, cancel, disconnect, deactivate, suspend or discontinue any or all services without prior notice to me.
You shall not be liable to me for my inability to use metrobankdirect or to access your website, for any unauthorized actions or transactions using my Customer ID and Password, or for any other cause beyond your control, such as but not limited to, problems due to computer hardware or software (including viruses and bugs) or related/incidental problems that may be attributed to the services provided by any service provider or information service provider.
I shall provide you with a correct and operational e-mail address. You shall not be liable for any undelivered e-mail communication or any cost that I may incur for maintaining an Internet access and an e-mail account.
I shall promptly notify you of any change in my e-mail address, contact numbers, home or business address or any other information which may affect communication.
You shall not be liable for any loss or damage in connection with any unauthorized interception or use of data relating to me or to my account(s), including the missending thereof.
I authorize you to act upon any instruction, which are identified by the use of my Customer ID and Password. You shall be responsible for acting only on those instructions sent through metrobankdirect, which are actually received and I agree that you do not assume any responsibility for malfunctions in communications facilities not under your control that may affect the timeliness or accuracy of the instructions sent.
Upon your receipt of my instruction(s), you may implement them at your absolute discretion. You shall be entitled to treat and consider as valid and binding on me any instruction given or agreement made with you, through the internet by any person using my Customer ID and Password, including without limitation, any transfer to a third party account maintained with you. You shall neither be liable for such instructions nor be obliged to investigate the authenticity or authority of the persons sending my instructions nor verify the accuracy and completeness of my instructions. Such instructions shall be deemed correct, complete, irrevocable, and binding upon me upon your receipt thereof. I hereby accept full responsibility for all transactions executed via metrobankdirect and in particular, in ensuring the accuracy and completeness of my instructions.
You shall be entitled but not obliged to verify any instructions given through the use of my Customer ID and Password by sending e-mail online or via telephone or any other means.
I agree that you may, without notice and without stating the reason therefor, cancel or refuse to execute any of my instructions at any time without incurring any liability.
You shall not be liable for any and all liability(ies), claim(s), suit(s), damage(s), expense(s), and/or any other cost(s) that may arise by making available to me my statement(s) of account from Unibancard Corporation (Unibancard), such as but not limited to erroneous statement(s) of account and access to a statement(s) of account intended for a different person(s). I agree to bring up any such omission(s)/error(s) with Unibancard.
I shall be solely liable for any losses or damages that I may incur:
for any discrepancies, omissions, inaccuracies or incorrect entries in your statement that I did not immediately report to you;
if I acted fraudulently or negligently, including failing to properly safeguard my Customer ID and Password;
if I failed to immediately report any unauthorized transaction(s) made;
if for some reason and without fault on your part, my bills remain unpaid and the biller discontinues/cancels my coverage;
if my instruction is not implemented and I fail to promptly report it to you.
You reserve the right to deactivate me from metrobankdirect without prior notice due to mishandling of accounts as defined by the your standard operating procedures or, if in your judgment, my continued access of metrobankdirect may adversely affect the credibility/security of the system. While such deactivation may be temporary, you reserve the right to permanently delist me from metrobankdirect.
I agree that check deposits to my account(s) enrolled in the metrobankdirect, other than Metrobank (MBTC) checks deposited and drawn on the same branch, shall have an additional one (1) day for clearing.
I understand that if my account is a “Cash Basis Only” (CBO) account, I can only do limited transactions like bills payment, account inquiry, and other non-monetary transactions. I may avail of the complete services of metrobankdirect upon regularization of my account.
In case of future-dated transaction, I shall verify if the same has been implemented by metrobankdirect. If not, I shall notify you immediately.
Section VI. SHARING OF INFORMATION
To avail of the full benefits of metrobankdirect and to enjoy the whole spectrum of services from the MetroBank Group that I may wish to avail of, I authorize you to share information regarding my personal circumstances with your subsidiaries, affiliates, representative offices, agents or other authorized third parties you may select.
I shall notify you in writing, which must be duly acknowledged by your E-Banking Division, if I do not wish the information regarding my personal circumstances to be shared with your subsidiaries, affiliates, representative offices, agents, or other authorized third parties you may select.
Section VII. AMENDMENT
You may amend/supplement this Agreement from time to time without prior notice to me.
Section VIII. TERMINATION
You may terminate this agreement once my account is closed, dormant, garnished, escheated, or for whatever reason, without the need of prior notice to me.
Section IX. CONSENT TO THE TERMS AND CONDITIONS
By using metrobankdirect, I accept and agree to be bound by the terms and conditions governing metrobankdirect, its nature, functionalities and operating features and to pay any applicable fees associated with the use of the same.
I understand that any subsequent enrollment to metrobankdirect shall be covered by the same terms and conditions.
I likewise agree to be bound by any and all laws, rules, regulations and official issuances applicable to metrobankdirect now existing or which may hereinafter be issued or communicated by you through whatever means, as well as such other terms and conditions governing the use of other facilities, benefits, or services which you may make available to me in connection with metrobankdirect, including the full provisions in the Privacy and Security document available in your website, the salient features of which are incorporated in this Terms and Conditions.