The following Terms and Conditions contain significant agreements
involving all users of BancNet Online. We therefore advise
you to please review these terms and conditions carefully
and indicate whether you agree or disagree to them clicking
on the corresponding box towards the end of this document.
All
the terms "You", "Your" and "Yours"
will refer to the BancNet cardholder. The terms "We",
"Us" and "Our" refer to BancNet, Inc.
The words "System" refer to BancNet Online.
The
word "System" refers to BancNet Online, and "ATM"
refers to an Automated Teller Machine, and "your ATM
Card" refers to the card used or to be used by you to
access a BancNet ATM for the operation of certain functions
and to access the System, and "your ATM Bank" refers
to the bank which has issued your ATM card. The phrase "your
Card Number" refers to the number of your ATM card, while
the term "PIN" is your personal identification number
which is the set of numbers that has to be entered into a
BancNet ATM for it to recognize or accept your ATM Card.
TERMS AND CONDITIONS
1.
USER ACCESS
1.1.
When you choose and click on "I Agree," you are
construed by us as signifying your confirmation that you have
read and understood BancNet Online's Terms and Conditions
and that you unconditionally bind yourself to all terms and
conditions herein. In the event that your availment of a service,
facility, or benefit of BancNet Online will violate or result
in the violation of your agreement with your ATM Bank, you
will not avail yourself of such service, facility or benefit
of BancNet Online.
1.2. BancNet, Inc. has the sole discretion to give you access
to BancNet Online with your use of an Internet-enabled computer,
approved browser, your Card Number and PIN.
1.3. However, some or all of the services of BancNet Online
may not be available at certain times due to system maintenance
and/or computer, telecommunication, electrical or network
failure, instruction by your ATM Bank or any other reasons
beyond our control. BancNet will not be liable to you nor
will it have to explain the reasons whenever access to the
System is unavailable or not possible.
1.4. Your access to BancNet Online through your internet service
or network provider in the country from where the service
is accessed is subject to and governed by the relevant laws
and regulations of that country and by terms and conditions
mandated by your internet service or network provider and
by your ATM Bank in separate agreements with you.
1.5. You ascertain that the computer system you use to access
BancNet Online with your Card Number and PIN is free from
any electronic, mechanical, data failure or corruption, computer
viruses and bugs. BancNet, Inc. and its member banks shall
not be liable for any loss or damage caused by any third parties,
including internet browser providers (such as Netscape and
Microsoft), internet service providers, their agents and sub-contractors,
or by any computer or system virus interference or other harmful
components that may interfere with your use of BancNet Online.
2.0. SYSTEM SECURITY
2.1. While BancNet, Inc. has endeavored to put in measures
to secure the System, it has no warranty on the confidentiality,
secrecy and security of any information sent out through any
internet service provider, network system or other similar
system via BancNet Online.
2.2. BancNet, Inc. shall be entitled to act on all instructions
received through the System using your valid Card Number and
PIN. You shall accept full responsibility for all transactions
processed through the use of your Card Number and PIN whether
or not processed with your knowledge or by your authority.
2.3.
We are under no obligation to verify the authenticity or authority
of persons effecting your instructions sent through BancNet
Online nor check on its accuracy and completeness. Such instructions
shall be deemed correct, complete, irrevocable and binding.
You hereby accept full responsibility for all transactions
executed via BancNet Online done with the use of your Card
Number and PIN.
2.4.
In the event you learn or suspect that someone else who knows
your Card Number and PIN has made unauthorized transactions,
you may report the same to your ATM Bank in accordance with
your agreement with it. In any event, we shall not be answerable
whatsoever for any transaction done with the use of your Card
Number and PIN, whether or not authorized by you.
2.5.
You agree that we may, without notice and without stating
the reason therefor, cancel or refuse to execute any of your
instructions at any time without incurring any liability.
2.6.
We shall be indemnified and not be held liable against any
and all proceedings, claims, losses, damages or expenses,
including legal costs, that arise from any of the following
conditions:
2.6.1.
Any of your instructions verified by us or by the System as
conveyed with the use of your Card Number and PIN;
2.6.2.
Any unauthorized use of BancNet Online, your Card Number and
PIN;
2.6.3.
Any loss or damage caused by any access through your Card
Number and PIN when the same is prohibited, restricted, delayed
or otherwise affected by:
2.6.3.1 any law or regulation of the country from where BancNet
Online is accessed and/or the terms and conditions prescribed
by your internet service or information service provider or
your ATM Bank; or
2.6.3.2 any law or regulation of any jurisdiction, regional
or international authority which governs any use of any component
of BancNet Online.
2.6.4. Any loss or damage caused by any act or omission of
your internet service, information service provider or network
provider;
2.6.5. Any loss or damage due to your interference or tampering
with, or alteration or misuse of, or amendment to, BancNet
Online.
2.7.
There is no responsibility on our part should communications
facility malfunction have an effect on the timeliness or accuracy
of the instructions sent.
3.0. FINANCIAL TRANSACTIONS
3.1.
Only cleared and withdrawable balances of your account shall
be considered for financial transactions such as transfers
and payments. BancNet Online is under no obligation to proceed
with transfers and/or payments if your account has insufficient
funds or credit to fund the transaction.
3.2.
We shall not be responsible for any charges imposed on you
or any other action taken against you by a payee arising from
non-processing of your instruction due to any of the following
reasons/conditions:
3.2.1.
Insufficient funds;
3.2.2.
Closed, blocked or dormant accounts;
3.2.3.
a court order or competent authority prohibits the account
from being involved in financial transactions; and
3.2.4.
Reasons due to theft, malicious damage, strike lock-out, civil
disturbance or any acts of force majeure.
3.3.
All transactions through BancNet Online done after your ATM
Bank's cut-off time, or on Saturdays, Sundays, and legal holidays
shall be posted and treated by your ATM Bank in accordance
with your agreement with it.
3.4.
There will be an acknowledgement of the status of all your
transactions and you may view, through the Transaction History
Feature of the System, the last ten (10) BancNet Online transactions
made within thirty (30) days preceding the viewing date.
3.5.
Our limit of liability for any act or omission for any reason
whatsoever, will only be for the lesser amount between your
relevant transaction or your actual damages. Any special or
consequential loss or damages from the use of BancNet Online
is not covered by our liability.
4.0. PROPRIETARY RIGHTS
4.1.
All trademark, tradename, servicemark, patent copyright remain
vested in us and may not be used, copied, modified without
the proper notice in writing and consent from us.
The
Terms and Conditions contained herein are governed by the
laws of the Republic of the Philippines and all suits to enforce
this Agreement will have to be settled in the proper courts
of the City of Makati.
I
have read and fully understood the Terms and Conditions of
BancNet Online and hereby agree to be governed by the said
terms and conditions.