CIMB BANK PHILIPPINES (“CIMB” or “THE BANK”) TERMS AND CONDITIONS (“TERMS”) OF GCREDIT (“FACILITY”)
CUSTOMER CONFIRMATION AND DECLARATION
Applicant to the Facility (“Applicant”) agrees that these Terms are binding on the Applicant and shall govern the use of the Facility granted by the Bank. Any difference between the Facility amount, interest rate or tenure applied for and the amount, interest rate, or tenure (as the case may be) finally approved by the Bank shall not affect the validity of these Terms. Reference to “Facility” or “GCredit” herein shall be construed as referring to the Facility disbursed by the Bank to the Applicant.
A. ACCOUNT
B. APPLICATION AND INFORMATION
C. GENERAL TERMS
D. AVAILMENT AND INTEREST
E. REPAYMENT
The Applicant hereby irrevocably authorizes the Bank, as the case may be, to debit or cause to be debited from time to time the Applicant’s Account with the Bank or GCash without further prior notice to the Applicant, for the billed amount and for any other charges related to the Facility. The said direct debit shall be subject to the following terms and conditions:-
F. LATE PAYMENT
In addition to the interest payable under Clause D, the Applicant hereby further agrees to pay to the Bank late payment fee at the rate of:
or such rate as the Bank may from time to time stipulate on overdue amount and any monies due and remaining unpaid to the Bank irrespectively of whether a demand by the Bank has been made or not from and including the day immediately following the due date.
G. EVENTS OF DEFAULT
The Facility shall remain available to the Applicant except when any of the following circumstances or events occur:
H. CROSS DEFAULT
In the event an Event of Default has occurred, the Bank has the right to recall and demand repayment of all sums owing by the Applicant to the Bank in respect of other facilities granted by the Bank.
I. INDEMNITY
J. DISCLOSURE OF INFORMATION
The Applicant hereby agrees and authorizes the Bank to disclose any information relating to the Applicant, the application or these Terms, the security interest and/or the Applicant’s affairs or accounts:
for facilitating the business, operations, facilities and services of the Bank and/or the Group of Companies which are granted or provided to their customers as the Bank deems fit or appropriate or as required by law or pursuant to any subpoena or order of the court. For purposes of this Clause, “Group Companies” refer to companies which are or which in the future may be companies within the group of the Bank, as well as companies within the CIMB Group.
K. CERTIFICATE OF INDEBTEDNESS
Any certificate, notice or demand officially issued by the Bank and signed by its authorized and appointed representative or signatory shall be conclusive evidence against the Applicant for all purposes whatsoever including for purposes of legal proceedings in relation to all matters stated in this Terms including the amount due and owing to the Bank by the Applicant. The Bank shall not be questioned on any related account whatsoever, save and except where there is manifest error.
L. CHANGES
The Bank reserves the right to upon giving at least thirty (30) calendar days prior notice to the Applicant:
M. COMMUNICATION
The Applicant hereby agrees that the Bank shall be entitled to adopt any one or more of the following manner or methods of communication concerning any changes in these Terms, including the effective date of any such change:
All notices or communication given by the Applicant to the Bank shall be deemed to have been received by the Bank at the time of actual receipt by the Bank.
The Bank hereby disclaims all liability to the Applicant for any loss or damage (direct, indirect, special or consequential), loss of business or profits, embarrassments, losses or damages whatsoever arising from the disclosure to third parties or loss or damage of any nature suffered by the Applicant arising from or occasioned by any: -
N. ACCOUNT SECURITY
O. LOST OR STOLEN MOBILE PHONE DEVICE
P. PROVISIONS ON MOBILE APP AND ELECTRONIC BANKING
The Applicant acknowledges that his/her transactions with CIMB are initiated and processed through the CIMB Mobile App. As such, the Applicant agrees to be governed by the processes for initiating and concluding transactions through the CIMB Mobile App. By downloading and using the CIMB’s Mobile App, the Applicant warrants that (i) he/she is familiar with mobile banking and how transactions are processed therein; (ii) the transactions he will initiated, processed and concluded using CIMB’s Mobile App shall be for lawful and legitimate purposes only; and that (iii) he/she shall not utilize the CIMB Mobile App for any unlawful purpose/s.
The Applicant(s) shall nominate a preferred Username, Password and MPIN upon enrollment to the CIMB Mobile App.
The Applicant shall not be allowed to use the Username, Password or PIN in whole or in part for any purpose, whether legal or illegal, other than as specifically intended to carry out your banking transactions via the CIMB Mobile App.
The Applicant authorizes CIMB to invalidate the Applicant’s Username, Password and MPIN without prior notice. CIMB shall not be held liable for any loss or damage for the invalidation of the Applicant’s Username, Password or MPIN.
The Applicant is allowed to change the Password or MPIN anytime. The Applicant shall be responsible for keeping the Username, Password/PIN confidential. The Applicant shall ensure that he/she has exercised reasonable care as to prevent unauthorized access and or/use of the Username, Password or MPIN, this includes, but not limited to, the following:
CIMB shall have the absolute right to add, suspend, limit, withdraw or cancel any transactions, services and products offered in the CIMB Mobile App.
The Applicant agrees to undertake all the Bank’s prescribed security measures in protecting the Applicant’s Username, Password and MPIN. CIMB shall not be held liable against all claims, losses, damages or expenses including legal cost, that may arise from breach in confidentiality of the Applicant’s Username, Password and MPIN.
CIMB shall ensure implementation of security measures to secure the CIMB Mobile App. However, CIMB shall not assume warranty on the confidentiality, secrecy and security of any information sent through any internet service provider, network system or other similar system.
The Applicant agrees that he/she shall nominate any of his/her Account as a nominated payment Account. CIMB, at its option, may automatically enroll any other Accounts which may be linked with the Applicant’s nominated payment Accounts without the need for any further authorization or consent of the Applicant.
The Applicant agrees that by enrolling in the CIMB Mobile App, other products under his/her name such as, but not limited to, loans may automatically be viewable. CIMB, however, reserves the right, at its discretion, to require any enrollment in select products, services and facilities as it may deem fit and appropriate.
Transactions carried out via the CIMB Mobile App shall be subject to applicable fees and charges at the time of the transaction. CIMB may from time to time upon giving the Applicant a notice, introduce or change fees and charges for the use of the CIMB Mobile App.
When CIMB introduces new services under the CIMB Mobile App, CIMB shall notify the Applicant of the new or revised terms and conditions within the period stipulated herein.
The Applicant shall authorize CIMB to debit the Applicant’s account for the amount of CIMB’s fees and charges payable on transactions made via the CIMB Mobile App.
In cases where the funds are insufficient to cover the fees and charges, CIMB may (i) refuse to carry out the transaction without incurring any liability as a result of such refusal, (ii) overdraw the account by debiting fees or charges (iii) debit any other Account the Applicant holds with CIMB.
By using the Username, Password and/or MPIN, the Applicant authorizes CIMB to carry out the transactions that the Applicant has initiated.
The Applicant agrees that the instructions which the Applicant has issued is at all times subject to limits and conditions set by CIMB, in compliance with local laws and regulations.
The Applicant assumes responsibility in checking the transaction record pertaining to any CIMB Mobile App transaction. Should the Applicant have any reason to believe that the records have not been accurately and completely captured by the CIMB Mobile App, the Applicant should immediately notify CIMB through any of the available channels under Clause Z (Customer Care Contact Details).
The Applicant may cancel, revoke, reverse or amend an earlier instruction provided that the request is received before the transaction is executed.
CIMB reserves the right to refuse to carry out any of the Applicant’s instructions that are not consistent with CIMB’s rules and regulations.
In case where the instructions of the Applicant require third party approval, CIMB’s obligation to perform such transaction would be subject to the approval and consent of the third party obtained by the Applicant.
CIMB shall not be liable for any delay or shortcomings of the third party whom the Applicant has account when CIMB is executing the instruction to them.
Any instruction transmitted after the relevant cut-off time shall be posted in the books and records of the Bank on the next business day following the date of the instruction.
CIMB shall not have any obligations to verify the authenticity of the instruction received from the Applicant through the CIMB Mobile App. CIMB shall give effect to any transactions received from the Applicant(s) electronic banking account.
The Applicant shall ensure that the information provided/supplied is accurate. CIMB shall not be responsible and liable for any inaccurate information that may lead to failure of transactions.
The Applicant is responsible for verifying and monitoring transaction history details and statements to ensure that there are no unauthorized transactions. Should there be unauthorized transactions or any error in the transactions, the Applicant may contact CIMB through any of the available channels under Clause Z (Customer Care Contact Details).
It is the responsibility of the Applicant to ensure that there are sufficient funds available in his accounts. Any charges or penalties as a result of unsuccessful transaction due to insufficiency of funds or dormancy of the account will be the sole responsibility of the Applicant.
CIMB shall not be liable for any loss or damage of whatever nature (including without limitation, charges and or penalties which may be imposed by third parties) in connection with the implementation of transactions via the CIMB Mobile App. Such instances include:
CIMB does not warrant the availability of the CIMB Mobile App twentyfour (24) hours a day, seven (7) days a week. In cases of preventive maintenance testing, planned downtime, or any downtime caused by fortuitous events, or analogous circumstances, CIMB shall notify the Applicants in advance of such unavailability, or if advance notification is not possible, at the earliest possible time.
CIMB shall not be liable for any indirect, incidental or consequential loss, loss of profit or damage Applicant may suffer or have suffered by reason of the Applicants use or failure or inability to use the CIMB Mobile App.
The Applicant agrees to hold CIMB, its stockholders, directors, officers, employees and representatives free and harmless, as well as indemnify them, from any and all liabilities, claims, damages, suits of whatever nature, arising out of or in connection with the implementation of the CIMB Mobile App, including any and all errors inadvertently committed, resulting to CIMB’s failure to effect any instruction via CIMB Mobile App, except to the extent that such loss, liability, claim or damages directly and solely arises from CIMB’s own gross negligence or willful misconduct as duly proven in a tribunal of competent jurisdiction.
Transactions outside the Philippines shall be subject to the applicable rules and regulations of the BSP and/or any fiscal or exchange control requirements operating in the country where the transaction is affected.
The Applicant’s Mobile App shall be effective upon Bank’s confirmation of the activation of the Applicant’s Mobile App and shall remain active until such time that the Applicant notifies the Bank, in writing, or any instructions received from the Applicant through any of the available channels under the Customer Care Contact Details below
In case of any complaints and/or disputes arising from the Mobile App, the Applicant may reach CIMB through any of the available channels under the Clause Z (Customer Care Contact Details).
Applicants are expected to comply with the CIMB Electronic Banking Consumer Awareness Policies. The Applicant shall be held responsible for the following:
Securing Username, Password and MPIN
App Use and Access
Awareness and supervision of transaction history
Protecting personal computer from hackers, viruses and malicious programs
Log-off or Log-out.
Reviewing Privacy Notice
Other security measures
Q. PRIVACY
R. SUCCESSORS BOND
This Terms shall be binding upon and inure to the benefit of the Bank and the Applicant and their respective estate, heirs, personal representatives, assigns and/or successors-in-title and any other person for the time being deriving title under them. In the event of the Applicant’s death, the Applicant’s estate, heirs and personal representative are required to repay the outstanding obligations of the Applicant under the Facility from the assets of the estate of the deceased Applicant and no action will be taken against the heirs and personal representative of the deceased Applicant in their personal capacities.
S. ASSIGNMENT
The Bank but not the Applicant shall have the right to assign its rights and liabilities under the Facility by notice to the Applicant. The liabilities and obligations created by these Terms or any documents pertaining to the Facility shall continue to be valid and binding for all purposes whatsoever notwithstanding any change by amalgamation, reconstruction, or otherwise, which may be made in the constitution of the Bank.
T. RIGHT TO OUTSOURCE DEBT COLLECTION
Subject to and not in derogation of its rights under this Terms, the Bank shall have the right, at its sole discretion, and when it deems necessary to appoint and authorize an agent of its choice and on its behalf to collect all and any sums due to the Bank from the Applicant under these Terms. Such appointment and authorization must be made known to the Applicant at least seven (7) calendar days in advance if the collection of sums due for the account is to be outsourced to a thirdparty debt collection agency. The Bank will inform the Applicant the impact on the Applicant’s rights and obligations after the account has been transferred to a third-party debt collection agency or sold to a third party. Under specific circumstances where the Applicant is not contactable, the Bank is considered to have fulfilled the obligation if such notice has been sent to the last known address of the Applicant at least seven (7) calendar days in advance. The Bank shall provide the Applicant with the name and contact details of the appointed third-party debt collection agency or the third party to whom the Bank has outsourced the collection of all and any sums due to the Bank from the Applicant.
U. WAIVERS
No failure, omission or delay on the Bank in exercising any right, power, privilege or remedy accruing to the Bank under this Terms shall impair any such right, power, privilege or remedy or be construed as a waiver thereof or any acquiescence in such default, nor shall any action by the Bank in respect of any default or any acquiescence in any default affect or impair any right, power, privilege or remedy of the Bank in respect of any other or subsequent default.
W. SEVERABILITY
If any of the provisions under this Terms shall become void, illegal or unenforceable in any respect under any law, the validity and enforcement of the remaining provisions shall not be affected or prejudiced in any manner whatsoever.
X. GOVERNING LAW
Y. COMPLAINT
In the event of any complaint relating to these Terms and the Facility, and or making inquiry, the Applicant may use the following facilities and channels in Clause Z (Customer Care Contact Details) below.
Z. CUSTOMER CARE CONTACT DETAILS
GCash
a) GCash Help Center: Access via help.gcash.com or through the GCash mobile app (Tap Profile > Help)
b) Hotline: 2882
CIMB
Phone: For PLDT, Smart, and Talk n Text subscribers, you may call #2462 (#CIMB) or (+632) 8924-2462 on your phone
For Globe and TM subscribers, you may call us on our landline: +6328924-2462. Telco charges apply.
Website Help and Support: cimbbank.com.ph/gethelp
CIMB Bank Mobile App: Go to Menu > Help Center > Need Help
Or any other channels that may be provided by CIMB from time to time.
CIMB is regulated by Bangko Sentral ng Pilipinas, https://www.bsp.gov.ph.