Nature of Facility
The Depositor/Cardholder acknowledges that Metrobank Mobile Banking, hereinafter, individually and/ or collectively referred to as the “Facility”, is a privilege which may be availed of for as long as it is offered by Metropolitan Bank & Trust Company (“Metrobank” or “Bank”) and/or Metrobank Card Corporation(“MCC”), and provided that the Depositor and/or Cardholder continue to be qualified under Metrobank and/or MCC’s terms and conditions.
“Account Code” refers to the ATM Personal Identification Number (ATM PIN) for Metrobank E.T., Card Verification Code (CVC) or Card Verification Value (CVV) for Metrobank Visa/Mastercard Credit Card, Customer ID, Password, and One Time Password (OTP) for Metrobank Mobile Banking.
While the Facility is available 24 hours a day, some or all of the services may not be available at certain times due to maintenance, computer, telecommunications, electrical, network failure and/or any other reasons beyond the Bank’s control.
The Bank is the sole owner of all the information and materials (including any enhancements or modifications) used in, or derived from, providing the Depositor/Cardholder with the Facility.
The Depositor/Cardholder recognizes the Bank’s proprietary interest in the Facility and agrees that:
If the Bank is served with a subpoena or other legal process in connection with the Depositor/Cardholder’s relationship with the Bank, then the Bank may comply with such order, including but not limited to the disclosure of the account details of the Depositor/Cardholder.
The Bank shall use reasonable organizational and technical measures to secure the Facility and prevent any unauthorized access. The Bank, however, does not warrant the security, secrecy or confidentiality of any information transmitted through any network system, or such other equivalent system in any jurisdiction.
Depositor/Cardholder is at all times deemed to have sole access to his accounts through the Facility.
Depositor/Cardholder is solely responsible for keeping his ATM/Credit Card number and Account Code, and fingerprint access or other biometrics, confidential and secure. For security reasons, the Depositor/Cardholder should change his password, PIN and check if there is new enrolled fingerprint or other biometrics on the device regularly. It is strongly suggested that the password and/or PIN must not relate to any readily accessible personal data such as name, birthdate, address or phone number; or an obvious combination of letters and numbers, including sequential numbers (e.g. 123456).
The Depositor/Cardholder shall not disclose his Account Code to any unauthorized person and shall take the necessary steps to prevent the discovery of his Account Code and fingerprint login by any unauthorized person.
The Depositor/Cardholder shall notify the Bank immediately upon receipt of any data or information through the Facility which is not intended for the Depositor/Cardholder and, when possible, shall delete such data or information from his phone/terminal immediately. The Depositor/Cardholder shall ensure the strict confidentiality of such information.
The Bank may terminate access to the Facility should the wrong ATM PIN and CVC/CVV be used three (3) times in one day, or should the wrong password, be made three (3) consecutive times. The Depositor/Cardholder shall request for new Account Codes using the application, or call the Customer Hotline.
Limit on Liability
The Bank reserves the right to determine the scope of the Facility, 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 the Depositor/Cardholder.
Depositor/Cardholder agrees that the Bank may and/or will deny access to the Facility when your device is suspected/proven/verified to be (a) jailbroken and rooted; and/or (b) on developer mode. The Bank shall not be liable to the Depositor/Cardholder for (a) his inability to use the Facility; (b) for unauthorized actions or transactions using his Account Code/ fingerprint or other biometrics; or (c) for any other cause beyond the Bank’s control, such as but not limited to, (i) problems due to his wireless service provider or telecommunications network; (ii) jailbreaking, rooting or enabling developer mode or any other modifications, alterations, conversions and/or changes made in the mobile device; and/or (iii) the uploading of unauthorized file and/or script, installation and/or the presence of malicious software (including malware, viruses and/or bugs) on his mobile device and/or computer to capture Account Code; (iv) the use of unsupported mobile device operating system (OS) versions, making it vulnerable to attacks.
The Depositor/Cardholder shall ensure that his mobile phone service provider supports SMS and that his mobile phone is capable of receiving SMS. The Bank is not liable if the Depositor/Cardholder does not receive the SMS due to causes or reasons attributable to his service provider/mobile phone.
The Depositor/Cardholder shall provide the Bank with a correct and operational e-mail address and mobile number. The Bank shall not be liable for any undelivered e-mail communication or any cost that the Depositor/Cardholder may incur for maintaining an internet access and telecommunications service.
The Depositor/Cardholder shall promptly notify the Bank of any change in his email address, contact numbers, home or business address or any other information which may affect communication between the parties.
The Bank shall not be liable for any loss or damage in connection with any unauthorized interception or use of data relating to the Depositor/Cardholder or to his account(s), including missending thereof.
The Depositor/Cardholder authorizes the Bank to act upon any instruction(s) which is identified by the use of the Depositor/Cardholder’s Account Code. The Bank shall act only on those instructions sent through the Facility which are actually received and the Depositor/Cardholder agrees that the Bank does not assume any responsibility for malfunctions in the communication facilities not under the Bank’s control that may affect the timeliness or accuracy of the instructions sent. Upon the Bank’s receipt of the Depositor/Cardholder’s instruction(s), the Bank may implement it at the Bank’s absolute discretion. The Bank shall treat and consider as valid and binding on the Depositor/Cardholder any instruction given by or agreement made through the Facility by any person using the Depositor/Cardholder’s Account Code, including without limitation, any transfer to a third party account maintained with the Bank.
Except for verification of the Account Code, the Bank shall not be obliged to further investigate the authority of the person sending the instructions nor verify the authenticity, accuracy or completeness of such instructions. Such instructions shall be deemed correct, complete, irrevocable, authorized and binding upon the Depositor/Cardholder upon the Bank’s receipt thereof. The Depositor/Cardholder accepts full responsibility for all transactions executed through the Facility and in particular, in ensuring the accuracy and completeness of his instructions.
The Depositor/Cardholder holds the Bank free and harmless from any and all liabilities, claims, demands, losses, damages, and/or actions arising from or related to the disclosure of the Depositor’s/Cardholder’s registered mobile number associated with his account through transfers or other transactions using the Mobile Facility.
For any concerns, complaints or clarifications regarding the use of the facility (features, processes and content), the Depositor/Cardholder may make use of the following points of contact to communicate with the bank.
The Bank shall be entitled but not obliged to verify any instructions given through the use of the Depositor/Cardholder’s Account Code by e-mail, telephone or any other means.
The Depositor/Cardholder agrees that the Bank may, without notice and without stating the reason therefor, cancel or refuse to execute any of the Depositor/Cardholder’s instructions at any time without incurring any liability.
The Bank shall not be liable for any and all liabilities, claims, suits, damages, expenses and/or any other costs that may arise by making available to the Depositor/Cardholder his statement(s) of account from MCC, 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). The Depositor/Cardholder agrees to bring up any such omission(s)/error(s) with MCC.
The Depositor/Cardholder shall be solely liable for any losses or damages that he may incur:
The Bank reserves the right to suspend the Depositor/Cardholder’s access to the Facility without prior notice due to mishandling of accounts as defined by the Bank’s standard operating procedures or, if in the Bank’s judgement, the Depositor’s/Cardholder’s continued access to the Facility may adversely affect the credibility/security of the system. While such suspension may be temporary, the Bank reserves the right to permanently terminate the Depositor’s/Cardholder’s access to the Facility.
In case of future-dated transactions, the Depositor/Cardholder shall verify if the same has been implemented by Metrobank Mobile Banking. If not, the Depositor/Cardholder shall notify the Bank immediately.
Processing of Personal Data for Bank’s Legitimate Purpose/Needs
The Depositor/Cardholder likewise acknowledges and agrees that in the conduct of its business of providing services to its clients, the Bank may engage the services of third party service providers, who may be given access to and/or provided with Information in connection with or relative to the Depositor and Depositor’s/Cardholder’s account subject to the Bank’s security standards. As such, the Depositor/Cardholder authorizes the Bank to give access and/or to provide such information as the Bank may deem necessary to such third party service providers.
In granting the above authorities, the Depositor hereby waives his right to the confidentiality of the Information under Republic Act (RA) No.10173 (Data Privacy Act of 2012), RA No. 1405 (Law on the Secrecy of Bank Deposits), RA No.6426 (The Foreign Currency Deposit Act), RA No. 8971 (General Banking Law of 2000), and all other applicable laws which may be in conflict with the Bank in carrying out the said authorities.
Sharing of Personal Data
To avail of the full benefits of the Facility and to enjoy the whole spectrum of services from the Metrobank Group such as for cross-referencing, status enquiry, cross-selling or the offering of the various products and services of the Bank and its subsidiaries, affiliates and partners (Metrobank Group), including but not limited to: (a) application for Credit Card; (b) credit opinion and evaluation by and for an entity belonging to the Metrobank Group; and (c) or application for insurance/bond products with insurance company within Metrobank Group, the Depositor/Cardholder authorizes the Bank to share his/her personal data with the Bank’s subsidiaries, affiliates, representative offices, agents or other authorized third parties that the Bank may select.
If the Depositor/Cardholder does not wish such information to be shared with the above entities or persons, the Depositor/Cardholder shall notify the Bank in writing, which must be duly acknowledged by the Bank’s E-Banking Division.
Data Subject Rights
The Depositor/Cardholder may access, update, or correct his/her personal data, or withdraw his/her consent through any of the following means:
The Depositor/Cardholder acknowledges that if he/she withdraws his/her consent for the processing of personal data, or settles and closes his/her engagements with Metrobank, the Depositor/Cardholder understands that Metrobank is required by law to keep his/her data for 5 years prior to deletion and secure disposition of the personal data.
The Bank may modify and/or supplement the terms and conditions in this Agreement at any time. Any modification and/or supplement to these terms and conditions shall be posted on Metrobank’s website. Cardholder may also be notified of the change through electronic means which includes, but not limited to the following means: email, SMS notification and the Facility’s messaging system. Continued use of the Facility shall constitute the Depositor/Cardholder’s acceptance of the amended Terms and Conditions.
The Bank may terminate this Agreement once the Depositor/Cardholder’s account is closed, dormant, garnished, escheated if this Agreement can no longer be lawfully maintained or if in the Bank’s determination the continued maintenance of the Agreement is prejudicial to its interest, without the need of prior notice to the Depositor/Cardholder. The Depositor/Cardholder acknowledges the right of the Bank, without prior notice, to limit, restricts, cancel, suspend, discontinue or terminate the use of the Facility as it may deem appropriate for the reasons stated above.
Consent to the Terms and Conditions
By using the Facility, the Depositor/Cardholder accepts and agrees to be bound by the terms and conditions governing the Facility, including any amendment/supplement thereto, its nature, functionalities and operating features and to pay any applicable fees associated with the use of the same.
The Depositor/Cardholder understands that any subsequent enrolment in the Facility shall be covered by the same terms and conditions.
The Depositor/Cardholder likewise agrees to be bound by any and all laws, rules, regulations and official issuances applicable to the Facility now existing or which may hereinafter be issued, as well as such other terms and conditions governing the use of other facilities, benefits or services which the Bank may make available to the Depositor/Cardholder in connection with the Facility.