TERMS AND CONDITIONS
GOVERNING THE USAGE OF METROBANK MOBILE BANKING
and METROBANKDIRECT PERSONAL
Nature of Facility
The Depositor/Cardholder acknowledges that Metrobank Mobile Banking and/or Metrobankdirect, 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, Mobile Personal Identification Number (MPIN) for Mobile Banking, and Customer ID, Password, One Time Password (OTP), and Security Questions and Answers for Metrobankdirect.
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:
• The Facility shall be used only for its intended purpose. The Depositor/Cardholder 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 the Facility, except those which are of public knowledge, shall not be disclosed to any other party.
• The Facility shall not be used for remittance/door-to-door operations.
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 efforts to ensure that the Facility is secured and cannot be accessed by unauthorized third parties. However, the Bank does not warrant the security, secrecy or confidentiality of any information transmitted through any network system, or such other equivalent system in any jurisdiction.
The Depositor/Cardholder is deemed to have sole access to his accounts through the Facility.
The Depositor/Cardholder is responsible for keeping his ATM/Credit Card number and Account Code confidential. For security reasons, the Depositor/Cardholder should change his password and/or PIN 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 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, OTP, and/or incorrect response to Security Questions be made three (3) times in one day. The Depositor/Cardholder shall request for new Account Codes at his depository branch, or call the Bank’s E-banking Division.
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.
The Bank shall not be liable to the Depositor/Cardholder for his inability to use the Facility, for unauthorized actions or transactions using his Account Code or 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 any other modifications, alterations, conversions and/or changes made in the mobile device; and/or (iii) the installation and/or the presence of malicious software (including malware, viruses and/or bugs) on his mobile device and/or computer.
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 the failure of 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 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.
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:
24x7 Customer Hotline: (632) 8700-700
24x7 Domestic Toll-free No.: 1-800-1888-5775
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:
• for any discrepancies, omissions, inaccuracies or incorrect entries in his statement that he did not immediately report to the Bank or MCC, as applicable;
• if he acted fraudulently or negligently, including his failure to properly safeguard his Account Code;
• if he failed to immediately report any unauthorized transaction(s);
• if for some reason and without wilful misconduct or gross negligence on the Bank’s part, his bills remain unpaid and the biller discontinues/cancels his coverage; or
• if his instruction is not implemented and he fails to promptly report it to the Bank.
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 Metrobankdirect. If not, the Depositor/Cardholder shall notify the Bank immediately.
Authority to Share Information
To avail of the full benefits of the whole spectrum of services from the Bank and its subsidiaries, affiliates and partners (Metrobank Group), including but not limited to, application for MCC Credit Card, availment of loan facility with any Metrobank Group or application for insurance/bond products with insurance company within Metrobank Group, the Depositor authorizes the Bank to share/disclose within the Metrobank Group, account information/data pertaining to the Depositor, including but not limited to personal circumstances, account opening, account balances and any and all other information pertaining to all Account/s now existing or hereafter to be opened, whether or not assigned as collateral, which authorization shall constitute a waiver of and exempt the Bank and/or Metrobank Group from liability under any and all bank deposit secrecy laws, including but not limited, to RA 1405 or The Law on Secrecy of Bank Deposits, RA 6426 or The Foreign Currency Deposit Act and RA 8791 or The General Banking Law. The absence of any written notice to the contrary shall be deemed by the Bank as a continuing waiver of his rights under the bank secrecy laws as above-mentioned.
SMS, E-mail and Electronic Alerts
The Depositor/Cardholder hereby agrees that the Bank may send or communicate with him via text messages (SMS) through his SMS-enabled mobile phone, e-mail messages and/or other electronic alerts, specific prompts, reminders, transactional confirmation and/or notices from time-to-time concerning matters relating to his Account by the use of any mobile number and/or e-mail address which he provided the Bank (Electronic Notification Facility). By providing the Bank with his mobile number and/or e-mail address, the Depositor/Cardholder hereby agrees to have all the accounts under his name be enrolled under this Electronic Notification Facility. The Depositor/Cardholder hereby acknowledges and accepts that each SMS or e-mail may be sent to him without being encrypted and may include his name and information pertaining to his account(s). Likewise, the Depositor/Cardholder fully understands that in communicating to him through SMS/E-mail, the Bank will, in no case, ask from him any information about his account(s). It is his responsibility to ensure the security of his mobile phone as well as his personal e-mail address and he hereby holds free and harmless the Bank, its subsidiaries and affiliates, as well as any of its officers, directors and employees against any and all losses, claims, damages, penalties, liabilities, choses of actions and costs of any kind, including but not limited to those relating to secrecy laws or regulations (if any) should any SMS and/or e-mail alerts be viewed or accessed by person other than the Depositor/Cardholder. The absence of a written notice to the contrary shall be deemed by the Bank as a continuing consent to be enrolled under the Electronic Notification Facility.
The Bank may modify and/or supplement the terms and conditions in this Agreement at anytime. 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 or for whatever reason, without the need of prior notice to the Depositor/Cardholder. The Depositor/Cardholder acknowledges the right of the Bank, without prior notice, to limit, restrict, cancel, suspend, discontinue or terminate the use of the Facility as it may deem appropriate for whatever reason.
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.