1. DiskarTech Service
a. The DiskarTech Service (the “Service”) refers to the DiskarTech mobile application and any services that the RIZAL COMMERCIAL BANKING CORPORATION (”RCBC”) may make available through the Service.
b. The term “CLIENT” shall refer to all users of the Service.
c. By using the Service, the CLIENT agrees to these Terms and Conditions.
2. Use of the Service
a. To access the Service, the CLIENT shall install the Service’s mobile application to his/her mobile device/s, complete the Service’s enrollment procedures, accept these Terms and Conditions, and provide the necessary Security Information.
b. By registering to the Service, the CLIENT hereby warrants that all information he/she provides to RCBC are true, accurate, complete, and up to date. The CLIENT also warrants and guarantees that the email address and mobile phone number he/she provided are valid, active, and within his/her sole control, upon his/her registration to the Service and through his/her use thereof. BANK shall be entitled to send all information, communications, and notices related to CLIENT’s enrollment to and use of the Service exclusively to such registered email address and/or mobile phone number. Any requests for the modification of such registered email or mobile number shall conform to RCBC’s guidelines therefore and shall be strictly subject to RCBC’s prior consent and due diligence procedures.
c. The CLIENT hereby warrants that the Service is for the sole and exclusive use of the CLIENT.
3. Username and Passwords
a. The CLIENT may be asked to designate a Username, Password, email address, mobile phone number, security questions and answers (the “Security Information”) in relation to his/her use of the Service. The CLIENT acknowledges that such Security Information shall be unique to himself/herself and agrees to keep these strictly confidential at all times.
b. The CLIENT shall exercise reasonable care and diligence, and is responsible for the confidentiality of the Security Information. The CLIENT shall not disclose the Security Information to any person. Any information, instruction, or transaction sent, performed, or consummated through the use of CLIENT’s Security Information shall be conclusively presumed to have been executed and authorized by the CLIENT, the costs, if any, for which shall be charged to the CLIENT’s account/s in RCBC.
c. The CLIENT must immediately change his/her Security Information in case the confidentiality of such information is compromised. The CLIENT may change his/her Security Information in accordance with RCBC’s policies and procedures through the Service.
d. The CLIENT agrees that the entry of three (3) successive invalid or incorrect Security Information will deactivate the CLIENT’s access to the Service, in which case, such access shall be restored only upon RCBC’s prior consent or by successfully completing RCBC’s procedures for the resetting his/her Security Information.
e. Upon each log-in, RCBC may require CLIENT to supply a One Time Password (“OTP”). The OTP is a unique code that will be sent to the CLIENT’s registered mobile number, which information may be needed to complete the log-in process.
4. Deposit Account/s and other Financial Products
a. The Service may include a facility for opening, maintaining, and/or operating account/s (the “Account” or “Account/s”) for deposit and other financial products of RCBC.
b. Any Account/s shall be subject to the terms and conditions prescribed by RCBC for the same.
c. RCBC shall be authorized to change, expand, suspend, or remove any feature of the Account/s, or impose restrictions, transaction limits, additional service fees, or policies for the Account/s, without prior notice to the CLIENT, unless such notice is required by any applicable law, rule, or regulation.
d. CLIENT agrees that the suspension or closure of his/herAccount/s may automatically result in the suspension, restriction, or termination of his/her use or access to the Service or certain services or transactions available through the same, subject to RCBC’s sole discretion.
5. DiskarTech Transactions
a. Account balance inquiry: Account information may indicate the balance as of system date or as of the last batch process, the schedule of which is determined by RCBC.
b. Only cleared, available, and withdrawable balances may be used for all transactions conducted through the Service. In case of transactions chargeable against an Account with insufficient balance, RCBC shall automatically cancel such transaction and shall have no obligation to inform the CLIENT of said cancellation and to make any further attempts to complete the same. RCBC shall not be liable for any failed transaction due to insufficient funds or CLIENT’s failure to abide transaction limits, cut-off periods, service fees, and other applicable policies for the same.
c. Fund Transfers: The CLIENT agrees (i) that all fund transfers initiated through the Service shall be subject to such transaction limits, cut-off periods, service fees, and other policies that may be imposed from time to time by RCBC and/or, where applicable, by third party institutions involved in the processing of such fund transfers, such as, but not limited to, correspondent, intermediary, or receiving institutions and the electronic funds transfer or financial transactions networks such as, but not limited to, PESOnet, Instapay, or Bancnet (collectively, “Third Party Institutions”); (ii) in cases of funds transfers through an electronic funds transfer or financial transactions network, only account(s) maintained in participating or member banks or financial institutions of such may become destination account(s); (iii) BANK scheduled fund transfers shall be implemented by RCBC according to the schedule set by CLIENT in the Service, unless CLIENT cancels the same at least one (1) calendar day before the scheduled transfer date; (iv) in case of multiple fund transfers charged against one (1) source Account, the balance of which is insufficient to cover all such fund transfers, RCBC, in its sole discretion, shall determine which fund transfer request to fulfill, and (v) any requests to cancel, reverse, recall, or undo a fund transfer request shall be subject to RCBC’s discretion and/or the policies and procedures of the Third Party Institution involved. The CLIENT acknowledges that all fund transfer requests, except those via Instapay, may be subject to further processing by RCBC. The Service may include a module that enables the CLIENT to monitor the status of his/her fund transfer transactions. The CLIENT acknowledges that all information provided to him/her through the Service shall be limited only to information available in RCBC’s records and shall not be deemed as (a) confirmations that the transferred funds have already been credited to the destination account or have already been withdrawn or otherwise received by the CLIENT’S intended beneficiary or recipient, which CLIENT shall independently verify at his/her own cost, and/or (b) confirmations of any other information which are beyond RCBC’s control or access. The CLIENT agrees that RCBC shall have no liability whatsoever for any fund transfer that fails to conform to these terms and conditions or RCBC’s instructions for such transactions.
d. Payment Facilities: The Service may include facilities for making purchases from or payments (“Payment Transaction”) to such billers, merchants, partners, payees, or third parties as RCBC may determine (collectively, “Billers”), subject to such transaction limits, cut-off periods, service fees, and other applicable policies as RCBC may prescribe from time to time. RCBC shall have the right to add, suspend, or remove any Biller from the Service without prior notice to CLIENT. CLIENT agrees that: (i) CLIENT shall provide all information that RCBC may request in relation to such Payment Transaction, which information CLIENT hereby warrants as true, accurate, and updated; (ii) RCBC shall not be obliged to verify or correct such information prior to processing any Payment Transaction; and (iii) RCBC shall have the right to refuse, suspend, or cancel the processing any Payment Transaction which contains false, incomplete, or outdated information or which otherwise fails to conform to these terms and conditions, and (iv) RCBC shall be authorized to share any information provided by CLIENT in relation to a Payment Transaction to the relevant Biller. Where applicable, CLIENT may authorize RCBC to process Payment Transactions on such dates or schedules as CLIENT may designate (“Scheduled Payment Transactions”). CLIENT acknowledges that Scheduled Payment Transactions shall be processed by RCBC according to CLIENT’s instructions, without need of any further consents from or notice to CLIENT, unless CLIENT cancels the same at least one (1) calendar day before the scheduled transaction date. The CLIENT further agrees that in each Payment Transaction: (i) RCBC shall act only as payment conduit between the CLIENT and Biller; (ii) any contracts, agreements, or arrangements, including all pertinent correspondence, offers, promises, and terms, between the CLIENT and the Biller (“Biller Agreements”) underlying a Payment Transaction shall be deemed a private contract strictly between CLIENT and the Biller; (iii) RCBC shall have no control or participation in such Biller Agreements and makes no recommendations, endorsements, guarantees, warrantees, or representations whatsoever as to such Biller Agreements; (iv) CLIENT shall address any complaint, claim, or correspondence related to such Biller Agreements directly to the Biller concerned.
e. Access and Transactions Using Third Party Software or Devices: The CLIENT agrees that the use of any electronic device, biometric information, digital codes (such as QR codes), password managers, or other Security Information storage applications (“Third Party Software or Device/s) in logging into or accessing the Service or completing any transaction in the Service shall depend on third party software and/or the capabilities of the electronic device used at the time CLIENT logs on to the Service and/or initiates the relevant transaction. By Using such Third Party Software or Device/s, the CLIENT agrees that (i) such third party software computer or electronic device are owned or controlled by third persons which are distinct and separate and not in any way affiliated to or controlled by RCBC; (ii) RCBC shall have no liability for any loss or damage in relation to such biometric information, digital codes, third party software or electronic device; (iii) RCBC shall be entitled to use and rely upon any information transmitted with or through such Third Party Software or Device/s in verifying CLIENT’s access to the Service or any transaction initiated by CLIENT through the Service, without need of any further notice to or written consent from CLIENT; (iv) any access to the Service or transaction verified through such Third Party Software or Device/s shall be conclusively deemed to have been authorized by CLIENT; and (v) RCBC’s records in relation to such Third Party Software or Devices shall be conclusive as against CLIENT.
f. Loans Marketplace and other Transactions with Third Parties:
i. The Service may include a marketplace featuring financial and non-financial products and services, which may include, but shall not be limited to, loans (“Loans Marketplace”), insurance, and investment instruments (collectively, “Third Party Products and Services”) offered by third parties For the avoidance of doubt, a third party (“Third Party”) shall refer to any person, corporation, or entity other than RCBC. CLIENT acknowledges that, in availing Third Party Products and Services, CLIENT will have to agree to the Third Party’s Terms & Conditions and may be required to submit additional personal and/or business or employment information and documentary requirements by the Third Party.
ii. The CLIENT acknowledges and agrees that Third Parties are distinct and separate, and not in any way affiliated to or controlled by RCBC, unless otherwise indicated. The CLIENT agrees that Third Party Products and Services, including all pertinent correspondence, offers, promises, rates, quotations, and terms, shall be deemed a private contract strictly between CLIENT and the Third Party concerned. CLIENT agrees that RCBC shall have no control or participation in such Third Party Services and makes no recommendations, endorsements, guarantees, warrantees, or representations whatsoever as to such Third Party Products and Services. Unless otherwise stated, RCBC shall have no participation in the delivery or performance of such Third Party Products and Services. Accordingly, the CLIENT agrees that, in reference to any product or service in the Loans Marketplace or any other Third Party Product or Service featured in the Service, RCBC shall not be deemed as (1) the lender, co-lender, issuer, or provider of any financial product or service featured in the Loans Marketplace or of any other Third Party Product or Service or (2) a subsidiary, affiliate, guarantor, underwriter, insurance provider, fund manager, agent, issuer, broker, or service provider of any Third Party, unless otherwise indicated. In this regard, the CLIENT agrees to address any complaint, claim, or correspondence related to such Third Party Services directly to the Third Party concerned.
iii. In reference to the Loans Marketplace, CLIENT agrees that the responsibilities of RCBC and the Third Party lender shall be delineated as follows:
- RCBC:
- Collects information and documentary requirements from the CLIENT, based on the requirements of the Third Party Lenders.
- Matches the CLIENT’s profile (based on what the CLIENT provided in the Service) and the CLIENT’s loan requirements against the Third Party Lenders’ eligibility criteria and product offerings.
- Submits all acquired information and documentary requirements to the CLIENT’s preferred Third Party Lender.
- Addresses the CLIENT’S queries, complaints or comments that are only related to the Service and Loans Marketplace, as well as the processes related to it.
- RCBC’s responsibility to the CLIENT’S loan application ends as soon as the same is submitted to the CLIENT’s chosen Third Party Lender. The CLIENT hereby acknowledge and agree that RCBC does not have any influence as to the Third Party Lender’s decision on the CLIENT’s loan application and shall not have any access to the status of the CLIENT’s loan application nor the Third Party Lender’s loan origination, collection and other related systems. Accordingly, the CLIENT agree that the inclusion of any Third Party Lender’s financial product or service in the Service shall not be deemed as a confirmation or suggestion that RCBC has reviewed, controlled, or in any way participated in the Third Party Lender’s processing, evaluation, and actions on the CLIENT’s loan application. With the foregoing, RCBC shall not, and does not, have any participation in the CLIENT’s loan availment with the Third Party Lender and shall have no liability for the same in any capacity whatsoever.
- Third Party Lender:
- Accepts all of the CLIENT’s information and documentary requirements that were submitted through the Service.
- Coordinates with the CLIENT in cases when additional information and/or documentary requirements are needed to proceed with the processing of the CLIENT’s loan application.
- Evaluates and decides on the CLIENT’s loan application subject to the Third Party Lender’s validation and authentication conditions, policies and procedures such as, but not limited to, interest rates, loanable amounts, credit limit and other financial limits, applicable to the processing of the CLIENT’s loan application.
- Communicates with the CLIENT as to the status of the CLIENT’s loan application.
- Addresses the CLIENT’s queries, complaints and/or comments, once RCBC has submitted the loan application to the Third Party Lender, as well as addressing the CLIENT’s queries related to the Third Party Lender’s product.
- Collects and monitors the CLIENT’s payment/s and loan account credit performance.
- Handles, controls and manages the CLIENT’s loan account and portfolio through the Third Party Lender’s own platform and resources.
g. Third Party Websites: The Service may include content, references or hyperlinks to websites of third parties, as defined above, (“Third Party Websites”). The CLIENT agrees that RCBC shall have no control or participation in such Third Party Websites. The CLIENT acknowledges and agrees that any opinion, content, reference, or hyperlink to a Third Party Website that in fact behe/she may find in the Service: (i) shall be independently verified by him/her at his/her own risk; (ii) shall be subject to the terms and conditions applicable to such Third Party Website; and (iii) shall not be construed by him/her as reviewed, required, recommended, endorsed, guarantees, underwritten or in any way controlled by RCBC, or its stockholders, directors, officers, employees, subsidiaries, affiliates, assigns, and agents. The CLIENT agrees to address any complaint, claim, or correspondence related to such Third Party Websites directly to the Third Party concerned.
6. Rewards
a. The Service may include programs under which a CLIENT may gain access to such rewards, e-vouchers, promotions, discounts, free gifts, promotion codes and other benefits (“Rewards”), as may be offered from time to time by RCBC and/or its partners.
b. The program shall be subject to such mechanics, policies, and terms as RCBC and/or its partners may determine from time to time. Unless otherwise indicated, the Rewards shall be subject to: (i) validity periods, redemption requirements, expiration periods, qualifications, or availability limitations as may be determined by RCBC and/or its partners; (ii) may not be valid when used in conjunction with other promotions, discounts or other vouchers; (iii) may only be used on the Service; (iv) are non-transferable, non-exchangeable and non-refundable and cannot be exchanged for cash; and (v) may be voided, reversed, or discontinued by RCBC and/or its partners without prior notice to CLIENT. Where applicable, CLIENT shall be responsible for any taxes, levies or duties that arise in connection with the grant of any Rewards to CLIENT, CLIENT’s redemption of the same; and/or the utilization of any redeemed Rewards.
c. The CLIENT undertakes not to: (i) create, exploit, or use bugs, cheats, mods and/or hacks, or any other third party software products that may change the result, function, or mechanics of the Rewards or (ii) acquire Rewards in a fraudulent manner, including but not limited to, using falsified or inaccurate information or creating or using more than one identity to access the Service or open an Account, as applicable; or (iii) do any other actions that produce effects analogous to the foregoing.
d. RCBC and/or its partners shall be entitled to reverse any Reward obtained by CLIENT in violation, or attempted violation of this Section 6 and, where applicable, charge the corresponding monetary value of such Reward against the outstanding balance/s of the Account/s and/or against CLIENT’s funds or properties in RCBC’s possession, without any further notice to or consent from CLIENT. RCBC shall also be entitled to all of the remedies in Section 10.
7. Fees
The CLIENT agrees to pay all relevant fees and charges prescribed by RCBC for the Service or any transaction available thereunder. Such fees and charges shall be automatically debited from any of CLIENT’s Account/sin the Service as they fall due, without need of any further notice to or consent from the CLIENT. RCBC reserves the right to impose new fees and change existing fees in relation to the use of the Service. RCBC may give reasonable notice to the CLIENT of any such changes or new fees.
8. CLIENT’s Responsibilities
a. The CLIENT shall immediately change any temporary Security Information provided by RCBC. The CLIENT shall ensure that all Security Information are memorized and all documents containing information on the temporary password or any other Security Information are immediately disposed of.
b. The CLIENT shall provide such information as RCBC may reasonably require in order to provide the Service hereunder. The CLIENT warrants that all information to be provided is accurate, complete and up to date.
c. The CLIENT shall keep all personal information private and shall not disclose the same to unauthorized persons.
d. The CLIENT shall keep records of his/her transactions, review and reconcile his/her transactions history details and statements for any errors. Unauthorized entries or transactions should immediately be reported to RCBC.
e. The CLIENT undertakes to notify RCBC immediately of any failure or delay in execution of any transaction or instruction through the Service, through the DiskarTech contact channels provided below.
f. The CLIENT agrees and understands that RCBC shall have no obligation to notify him/her in case of any failure or delay in the execution of any instructions made thru the use of the Service.
g. The CLIENT undertakes and warrants that his/her use of the Service, specifically, any payment, transfer, and/or receipt of funds, relate to legitimate and lawful transactions and does not and will not violate the applicable provisions of the rules of the Bangko Sentral ng Pilipinas, Anti-Money Laundering Act, its amendments and other pertinent laws, government rules or regulations.
h. The CLIENT agrees that any agreement, transaction, or business between him/her and any person/s other than RCBC, including all pertinent correspondence, offers, promises, and terms, shall be deemed a private contract strictly between him/her and such other person/s, notwithstanding CLIENT’s use of the Service to send or receive funds or payments to or from such third person/s and that, in case of any disputes in relation to such private contract, such dispute shall be strictly between CLIENT and such third person/s, and RCBC shall have no liability whatsoever to either party.
i. The CLIENT hereby authorizes RCBC or its duly authorized personnel to collect, process, verify, store and/or disclose his/her information and documents to any of the offices, branches, units, subsidiaries, agents, and representatives of RCBC, and third parties selected by any of them, wherever situated, for use in connection with: (i) Account opening, maintenance, and/or operation; (ii) the collection, processing, verification and/or storage of any information provided by CLIENT to RCBC in relation to the Account/s or any transaction concerning the Account/s; and/or (iii) the offer, delivery, or performance of any service or product to the CLIENT, (including data processing, profiling, analytics, and storage, anti-money laundering monitoring, reviewing and reporting, statistical, credit and risk analyses, credit scoring, and/or cross-selling of financial and non-financial products); and/or (iv) processing of the CLIENT’s loan application with Third Party loan providers. The CLIENT hereby acknowledges and understands that the collection, processing, verification and/or storage of any information provided hereunder in relation to any Account or Transaction may be carried out by RCBC and/or a third party service provider of RCBC.
j. In addition to the foregoing, the CLIENT hereby authorizes RCBC and any branch, subsidiary, affiliate, agent, representative, third party or its duly authorized personnel to transfer or disclose to the Bangko Sentral ng Pilipinas, Anti-Money Laundering Council, Bureau of Internal Revenue, the U.S. IRS, or such other relevant regulatory agency and their duly authorized representatives, any information in relation to the Account/s with RCBC as may be required by law, regulation, or agreement.
k. Likewise, the CLIENT hereby authorizes RCBC or its duly authorized personnel to disclose to its foreign and local correspondent banks the information specified herein (and such other additional information provided to RCBC by the CLIENT) for purposes of satisfying the requirements of the latter in relation to the processing, anti-money-laundering monitoring review, investigation, and audit of the transactions on the CLIENT’s present and future Account/s.
l. Likewise, the CLIENT hereby authorizes RCBC or its duly authorized personnel to disclose to third party tie-ups and other institutions if the CLIENT avails of RCBC’s remittance channels.
m. It is agreed and understood that any disclosure of CLIENT’s Account/s, transaction, or information due to CLIENT’s fault or negligence or by causes not attributable to the fault or negligence of RCBC, shall not be considered as, and cannot be the basis of prosecution for, any complaint for violation BANK of any law, rule, or regulation guaranteeing or protecting the secrecy and privacy of his/her Account/s, transactions, and information in RCBC.
9. Client’s Liability
a. The CLIENT shall be responsible for all consequences arising from or in connection with his/her use of the Service, such as but not limited to, all transactions processed through the Service, whether or not processed with the CLIENT’s knowledge or authority.
b. The CLIENT undertakes to ensure, and accepts full responsibility, for keying in the correct Account number/s, amounts, and other pertinent details of the transaction/s initiated through the Service. In no case shall RCBC be liable for any erroneous transaction/s arising out of or relating to wrong or incomplete information supplied by CLIENT through the Service.
c. The CLIENT is aware and understands that his/her Account/s may be compromised through phishing which will enable unauthorized person/s to withdraw money from his/her Account/s using the CLIENT’s Account information/details or Security Information which the CLIENT may have provided through any of the following means: (a) response to an email request for Account information via a fake RCBC website; (b) use of email or internet facility (other than the secured RCBC website) through which the CLIENT provided Account information; or (c) any other analogous means/situations. The CLIENT undertakes to cooperate, through all reasonable means, with RCBC’s efforts to prevent phishing, and accordingly, the CLIENT shall exert all means to prevent disclosure of his/her Account details and Security Information. The CLIENT acknowledges that he/she is responsible for any and all withdrawals from the Account/s that may result from phishing, and shall hold RCBC and its stockholders, directors, officers, employees, subsidiaries, affiliates, assigns, and agents (collectively, “BANK Indemnitees”) free and harmless against any and all losses, damages, expenses, liability and costs of any kind arising there from.
10. CLIENT’s Breach:
In the event that RCBC, in its sole discretion, discovers or suspects that CLIENT has breached, or attempted to breach, any of these terms and conditions, RCBC may take all such steps and remedies as it deems appropriate, without need for prior notice to CLIENT, including, without limitation: (a) investigate CLIENT’s use of the Service or his/her Account/s; (b) prevent, restrict, or suspend CLIENT’s access to the Service or any portion thereof; (c) reverse, suspend action on, unwind, or otherwise undo any transaction which constitutes, caused, or resulted in such breach and, where applicable, return the proceeds of such transaction to the remitter, depositor, or sender thereof; (d) refuse the opening of additional Account/s in RCBC; (e) put CLIENT’s Account/s on hold; (v) close CLIENT’s Account/s.
11. RCBC’s Liability
a. RCBC shall only be obliged to act on any instructions received with the use of the Security Information.
b. RCBC represents that it has applied a range of security controls to protect its system from unauthorized access. Nonetheless, RCBC makes no representations or warranties as to the security of any information, transaction, or instruction transmitted through the Service. RCBC shall not be responsible for any loss of security or information or any loss or damage suffered or incurred by the CLIENT arising from or in connection with such information, transaction, or instruction transmitted through the Service, notwithstanding the CLIENT’s use of any additional security protocols that may be requested or prescribed by RCBC.
c. Except if due to the gross negligence or willful default of RCBC, and only to the extent of direct loss and damage arising directly and solely therefrom or the amount of the transaction (whichever is less), BANK Indemnitees shall not be liable to the CLIENT or any other person for any loss or damage arising from or in connection with: (i) CLIENT’s Use of the Service; (ii) Any transaction processed through the Service, including fund transfers, additional account opening, time deposit placements, requests for transaction histories or statements of account; any fraudulent or unauthorized utilization of the Service for any reason whatsoever; any unauthorized disclosure, theft, or unauthorized use of CLIENT’s Security Information or CLIENT’s Account/s, transaction, or personal information; any violation of other security measures, with or without the CLIENT’s participation; (iii) any loss of access, misuse, or the inability to use and access the Service or any feature or portion thereof; (iv) Disapproval or rejection of the CLIENT’s loan application or any dispute between the CLIENT and the Third Party lender arising from the CLIENT’s loan application or in the processing thereof or any other transaction in the Loans Marketplace; (v) any violation of any of these terms and conditions or representations and warranties hereunder, whether or not committed by CLIENT or any other person; (vi) any fraudulent, wrongful, or unauthorized access or alteration made by any person to CLIENT’s Account(s) or Security Information, whether or not caused or arising from CLIENT’s fault or negligence; (vii) RCBC’s use, publication, processing, storage, and reliance on any information supplied by CLIENT via the Service; (viii) any loss, misuse, or unauthorized disclosure of any information and data supplied by CLIENT via the Service; (ix) Any interruption, suspension, delay, loss, unavailability or any other failure in providing the Service, or any portion thereof, whether due to maintenance work, network or systems failure, act or omission of third party service providers, malfunction, power failure, breakdown or inadequacy of equipment or any other causes beyond the reasonable control of RCBC, or any law, regulation, government or court order; (x) Disruption, failure or delay relating to or in connection with any transactions through the Service due to circumstances beyond the control of RCBC, fortuitous events such as, but not limited to, prolonged power outages, breakdown in computers and communication facilities, typhoons, floods, public disturbances and calamities and other similar or related cases; (xi) Inaccurate, incomplete or delayed information received due to disruption or failure of any communication facilities used for the Service; (xii) Improper, unauthorized use of the Service or recklessness or accident in connection thereof; (xiii) Any adverse consequences whatsoever on the CLIENT’s connection to, or use of, the internet or CLIENT’s use of an internet connection in violation of any law, rule, or regulation or violation of the intellectual property rights of another.
d. If, notwithstanding the foregoing, BANK Indemnitees become impleaded or otherwise involved any case, suit, action or proceeding of whatever kind or nature in relation to CLIENT’s use of the Service and/or the actions of RCBC as regards the foregoing, CLIENT shall promptly and fully cooperate with BANK Indemnitees in such manner as they may require, including, but not limited to, the execution and/or delivery of any sworn statements, documents, materials, or testimony, verbal or otherwise. In relation to any such case, suit, action, or proceeding, CLIENT hereby waives any and all of his/her rights to confidentiality of his/her Account, transaction, or personal information under Republic Act No. 1405 (The Law on the Secrecy of Bank Deposits), Republic Act No. 6426 (Foreign Currency Deposit Act of the Philippines), Republic Act No. 8791 (The General Banking Law), Republic Act 10173 (the Data Privacy Act of 2012), and any other applicable law, rule, or regulation which may now or hereafter be in effect, and authorize RCBC to make such disclosures as it may be deem necessary to protect its or CLIENT’s interests, or which may be requested from it by any person, entity, court of law, and/or government office, agency, or representative.
e. The provisions of this Section shall survive the termination, suspension, or closure of CLIENT’s Account/s or access to the Service.
12. Amendments
RCBC shall have the absolute discretion to amend or supplement any of the terms and conditions pertaining to the Service at any time, without need of any prior notice to consent from CLIENT, unless the same is required by any applicable law, rule, or regulation. The CLIENT is responsible for regularly reviewing these Terms and Conditions, including amendments, thereto as may be posted on RCBC’s website or in the Service. By continuing to use the Service, the CLIENT shall be deemed to have accepted any such amended Terms and Conditions. In case the CLIENT wants to discontinue using the Service, he/she may submit the relevant request RCBC through the DiskarTech contact channels provided below.
13. Privacy Policy
Pursuant to the Data Privacy Policy of RCBC, the CLIENT understands and agrees that RCBC may process the CLIENT’s data for purposes not contrary to the Data Privacy Act of 2012, its implementing rules and regulations, and other issuances of the National Privacy Commission.
14. Financial Consumer Protection
a. CLIENT may send RCBC requests, feedback, complaints, inquiries or concerns about the Account/s or the Service to the following:
| DiskarTech Customer Care | [email protected] |
b. RCBC is regulated by the Bangko Sentral ng Pilipinas (BSP). In addition to the preceding section, the CLIENT may file complaints with the BSP Financial Consumer Department to the following contact details:
| Electronic Mail | [email protected] |
| Webchat | http://www.bsp.gov.ph |
| https://www.facebook.com/BangkoSentralngPilipinas | |
| Contact No. | (02) 8708-7087 |
c. All complaints shall be subject to a comprehensive investigation by RCBC in accordance with its established guidelines and procedures on complaints handling. RCBC shall notify the CLIENT of its findings or results of its investigation within reasonable time from the completion of the same. CLIENT agrees that such results and findings shall be final and conclusive as against him.
15. Miscellaneous
a. All copyright, trademarks, and other intellectual property rights to all content in the Service, including correspondence, information, photograph, document, or data, shall be owned exclusively by RCBC, unless otherwise indicated or provided by law. Any Content may not be copied, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the express prior written consent of RCBC as copyright owner. The content is and shall remain the property of RCBC at all times. You may not modify, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part. The use of the Content on any other website, including by linking or framing, or in any networked computer environment for any purpose is prohibited without RCBC’s prior written consent. The prohibition likewise extends to the “mirroring” of any Content contained in this the Platform on any server. Any unauthorized use of any Content shall be construed as violation of the applicable laws on copyright, trademark or intellectual property, among others.
b. The CLIENT understands and agrees that the use of or connection to the internet is inherently insecure, and that such a connection provides an opportunity for unauthorized access by third parties to the CLIENT’s computer systems, networks and any and all information stored therein. All information, transactions, and instructions, transmitted, processed or received through the internet is subject to unauthorized interception, diversion, corruption, loss, access, and disclosure. RCBC shall not be liable for any adverse consequences whatsoever on the CLIENT’s connection to, or use of, the internet, and shall not be responsible for the CLIENT’s use of an internet connection in violation of any law, rule, or regulation or violation of the intellectual property rights of another.
c. All records maintained by RCBC, whether in electronic or documentary form, of the CLIENT’s Account/s, information, transactions or instructions, and any other details in the availment of any other banking channel offered by RCBC, shall, as against the CLIENT, be deemed to be conclusive.
d. RCBC may terminate, suspend or withdraw the availability of the Service, the Account/s, or any feature or portion thereof, without need of any further notice to the CLIENT, for any reason whatsoever.
e. RCBC, at any time, may temporarily or permanently suspend, cancel, or terminate CLIENT’s access to the Service or any portion thereof or any transaction or instruction initiated by CLIENT through the Service, with or without prior notice, if any of CLIENT’s enrolled Account/s in the Service become closed, suspended, or mishandled BANK (the opinion of RCBC being conclusive in this respect) or for any reason whatsoever.
f. The CLIENT agrees that RCBC and its subsidiaries, affiliates, agents, representatives and authorized third parties may, from time to time, communicate with the CLIENT via Short Message Service (SMS), email, mobile push and pop-up notifications, and/or any other means that may become available in the future, for the purpose of sending reminders, notices, promotional advertisements and/or campaigns related to CLIENT’s accounts, access to the Service, and/or other products and services.
g. The CLIENT hereby acknowledges and agrees that all notices, communication, and reminders sent to him/her through the Service, or to his/her registered email address or mobile number, shall conclusively deemed to have been received by him/her.
h. Each of the provisions of these Terms and Conditions is severable. If any or some of the terms and conditions is declared invalid or unenforceable, the rest of the provisions will not be affected thereby.
i. No failure to exercise and no delay in exercising, on the part of RCBC, of any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof, or the exercise of any other right or power. The rights and remedies herein provided shall be cumulative, may be exercised concurrently and shall not be exclusive of any rights or remedies of RCBC hereunder or granted by law.
j. The CLIENT agrees that RCBC may assign the Account/s and its rights and obligations under these Terms and Conditions to any other person or entity, without need of any further notice or consent to CLIENT.