 |
|
 |
TERMS AND
CONDITIONS GOVERNING THE USE OF
CITIBANK MOBILE BANKING |
 |
The words "You",
"Your" and "Yours" refer to any holder of a Citicard
or a Citibank VISA/MasterCard and a Citicard Number and ATM Personal
Identification Number and/or Credit Card Number, Cash Advance PIN,
Mnemonic Account Number and Mobile PIN (MPIN). The words "We",
"Us" and "Our" refer to Citibank, N.A., Philippine
Branch.
A Citicard or a Citibank VISA/MasterCard, on which there is a number
(the "Card Number"), and Mnemonic Account Number have been
or may at your request be issued by us, and MPIN assigned by us, for
all or any of your accounts from time to time opened and maintained
with or made available by us (collectively the "Accounts")
to enable you to have direct access to any of the Accounts or to effect
specified banking/card transactions via the use of your cellular/wireless
mobile telecommunications equipment or other similar systems. In consideration
of our agreement to provide Citibank Mobile Banking, you agree
that:
- ACCEPTANCE. By using Citibank Mobile Banking, you
have accepted and agreed to be bound by all operational rules
and general terms and conditions governing Citibank Mobile Banking, including without limitation all the following paragraphs,
and to pay any fees associated with the use of Citibank Mobile Banking. You likewise agree to be bound by any and all laws,
rules, regulations and official issuances applicable to Citibank
Mobile Banking, now existing or which may hereinafter be
enacted, issued or enforced, as well as such other terms and conditions
governing the use of other facilities, benefits or services which
we may from time to time make available to you in connection with
the Citibank Mobile Banking.
- SERVICE. The services under Citibank Mobile Banking
shall be available to you through the medium of cellular/wireless
mobile telecommunications equipment acceptable to Smart / Globe,
the mobile phone service provider (the "Mobile Phone Service Provider")
with the service provided by the Mobile Phone Service Provider.
You may gain access to Citibank Mobile Banking through the
use of your Card Number, MPIN or such other means of identification
assigned to you in connection with your Accounts.
We will arrange for the display of text messages in your telecommunications
equipment notifying you of information and details relating to
the use of Citibank Mobile Phone Service. You acknowledge and
agree that the information you receive via your telecommunications
equipment is for information only and shall not be taken as conclusive
evidence of the matters to which it relates. We do not thereby
warrant the adequacy, accuracy and completeness of any such information.
We have the absolute discretion to make Citibank Mobile Banking available to you. We have the discretion from time to
time to determine the scope of Citibank Mobile Banking,
determine the types of telecommunications equipment acceptable
for the purpose of providing the services thereunder, restrict
the number of pieces of telecommunications equipment which may
be registered by you, set or change the daily cut-off time, modify,
restrict, withdraw, cancel, suspend or discontinue any or all
of the services without notice or responsibility to you and without
giving any reason therefor. You understand that by using Citibank
Mobile Banking after any modification or change has been
effected, you have agreed to any such modification or change.
We likewise reserve the right to impose a fee for Citibank Mobile Banking at our absolute discretion at any time without your
prior consent.
- RESPONSIBILITY. You authorize us to act upon any instruction
which are identified by any use of your Mnemonic Account Number
and MPIN or such other means of identification assigned to you
in connection with your Accounts. We shall be responsible for
acting only on those instructions sent through Citibank Mobile Banking which are actually received and you agree that we
do not assume any responsibility for malfunctions in communications
facilities not under our control that may affect the timeliness
or accuracy of the instructions sent. In this regard, you acknowledge
that we shall not be responsible for any electronic or mechanical
malfunction, data failure or corruption, viruses or other problems
attributable to your telecommunications equipment or the services
provided by the Mobile Phone Service Provider.
Such instructions, upon receipt by us, shall be effected at our
absolute discretion. We shall be entitled to treat and consider
as valid and binding on you any instruction given, or agreement
made with us, through your telecommunications equipment by any
person using the Mnemonic Account Number and the MPIN, including
without limitation, any transfer to a third party account maintained
with us or others. We shall neither be liable for action upon
such instructions sent nor be obliged to investigate the authenticity
or authority of persons effecting your instructions or verify
the accuracy and completeness of your instructions. Such instructions
shall be deemed correct, complete, irrevocable and binding on
you upon our receipt. You hereby accept full responsibility for
all transactions executed via Citibank Mobile Banking and
in particular, in ensuring the accuracy and completeness of your
instructions.
We shall be entitled but not obliged to verify any instructions
given through the use of your Mnemonic Account Number and MPIN
by sending e-mail online or via telephone or any other means.
You agree that we may, without notice and without stating the
reason therefore, cancel or refuse to execute any of your instructions
at any time without incurring any liability.
- SUSPENSION/CANCELLATION. The Citibank Mobile Phone Service
shall automatically be terminated once the Mobile Phone Service
Provider suspends or terminates its services in connection with
your registered telecommunications equipment. We shall not be
liable to you in the event of such termination.
After suspension or cancellation, Citibank Mobile Banking
may be reinstated at our sole discretion and we reserve the right
to impose a reasonable reinstatement charge as we deem fit.
We shall not be liable to you if you are unable to gain access
to Citibank Mobile Banking. You understand that while Citibank
Mobile Banking is available 24-hours a day, some or all
of the services may not be available at certain times due to maintenance,
modification, expansion and/or enhancement work and/or computer,
telecommunication, electrical or network failure or any other
reasons beyond our control.
You likewise understand that for your own protection, we shall
cancel your MPIN should the wrong MPIN be used three (3) times
in one day. You may request us for a new system generated MPIN
by calling the 24-Hour CitiPhone Banking.
- TRANSACTION DATE. Any transaction done via Citibank
Mobile Banking after the daily cut-off time in Manila, Philippines,
shall be treated as a transaction at next business day value or
such other day as we may at our absolute discretion determine,
and will be subject to our usual processing time, as may from
time to time be amended. For purposes hereof, the term "business
day" shall mean any day in which commercial banks are open for
business in Manila, Philippines, excluding Saturdays, Sundays
and legal holidays.
- UNAUTHORIZED USE. You are responsible for keeping the
Mnemonic Account Number and the MPIN secret and confidential and
you shall not disclose the Mnemonic Account Number and the MPIN
to any unauthorized person and shall take all steps necessary
to prevent discovery of the Mnemonic Account Number and the MPIN
by any unauthorized person. You shall inform us as soon as reasonably
practicable if you know or suspect that someone else knows the
Mnemonic Account Number and/or the MPIN or that unauthorized transactions
have taken place or that the Mnemonic Account Number or MPIN has
been lost or stolen and if you fail to do so you shall be liable
for any unauthorized transactions made. You must promptly examine
your statements upon receipt and if you discover any discrepancies,
omissions, inaccuracies or incorrect entries, you must immediately
call 24-Hour CitiPhone Banking. You shall be liable for all losses
prior to your reporting any discrepancies, omissions, inaccuracies
or incorrect entries or if you act fraudulently or with gross
negligence, including failing to properly safeguard the Mnemonic
Account Number and/or the MPIN or immediately reporting any unauthorized
transaction made.
- INDEMNIFICATION. We shall not be liable for, and you
agree to indemnify and keep us indemnified, against any and all
proceedings, claims, losses, damages or expenses (including legal
costs) arising from or in connection with the following:
| (a)
|
our
action upon any instructions given to us via your telecommunications
equipment which are identified by any use of your Mnemonic
Account Number, MPIN, or such other means of identification
assigned to you in connection with your Accounts; |
| (b)
|
the
improper or unauthorized use of Citibank Mobile Banking,
your Mnemonic Account Number and MPIN; |
| (c)
|
any
damage to your telecommunications equipment or related facilities
as a result of any access to Citibank Mobile Banking
through your Mnemonic Account Number and MPIN; |
| (d)
|
any
loss or damage caused by any access through your Mnemonic
Account Number and MPIN when the same is prohibited, restricted,
delayed or otherwise affected by:
(i) any law or regulation of the country from where Citibank
Mobile Banking is accessed and/or the terms and conditions
prescribed by the relevant mobile phone service provider
in such country of access; or
(ii) any law or regulation of any jurisdiction, regional
or international authority which governs any use of any
component of Citibank Mobile Banking, any relevant
mobile phone service provider or system; |
| (e)
|
any
loss or damage caused by any act or omission of any relevant
mobile phone service provider occasioned by any access through
your Mnemonic Account Number and MPIN; |
| (f)
|
any
loss or damage caused by any modification, alteration, upgrade
or termination of Citibank Mobile Banking occasioned
by any access through your Mnemonic Account Number and MPIN;
|
| (g)
|
any
access to (or inability or delay in accessing) Citibank
Mobile Banking; |
| (h)
|
any
errors or omissions in the information transmitted to your
telecommunications equipment through Citibank Mobile Banking; or |
| (i)
|
any
delay or failure in any transmission, dispatch or communication
facilities. |
- LIMITATION OF LIABILITY. Subject to the provisions herein,
if we are found liable for any act or omission for any reason
whatsoever, our liability shall be limited to the amount of the
relevant transaction or your actual damages whichever is less.
We shall not be liable to you for any indirect, special or consequential
loss or damages arising in any way out of the use of Citibank
Mobile Banking.
- SECURITY. We shall use reasonable effort to ensure that
Citibank Mobile Banking is secure and cannot be accessed
by unauthorized third parties. However, we do not warrant the
security or confidentiality of any information transmitted through
any mobile phone service provider in any jurisdiction via Citibank
Mobile Banking.
You shall notify us immediately upon receipt of any data or information
which is not intended for you and you shall delete such data or
information from your telecommunications equipment immediately.
- JOINT ACCOUNTS. In case any Account which is accessible
through Citibank Mobile Banking is a joint account, you
shall be responsible for the liabilities and obligations of the
other account holder(s) howsoever arising on a joint and several
basis.
- SETTLEMENT. We shall not print or issue any advice or
confirmation for any transaction conducted via Citibank Mobile Banking although any such transaction will be recorded in
the monthly statement issued by us. A transaction is completed
instantaneously if done before the cut-off time reckoned at the
location of the our data and operation system. If it is done after
the cut-off time at such location, it will be completed as a transaction
at next business day value, subject to the provision of section
5. The transaction details, account balances and other information
as shown in your telecommunications equipment are for reference
only. Those transaction details and account balances as recorded
by us will be conclusive (for example, as to the balance, the
type and amount of the transaction and the time and date it occurred).
- TRANSFER OF INFORMATION. You hereby authorize, by way
of our provision of services, the transfer of any information
on your Accounts to any of our branches, subsidiaries, affiliates
and agents or authorized third parties selected by us. . You hereby
hold us free and harmless from any liability that may arise from
such disclosure. If you do not wish to receive telephone and/or
mail solicitations, you may notify us in writing or by calling
the 24-Hour CitiPhone Banking.
- INTELLECTUAL PROPERTY RIGHTS. You acknowledge that all
proprietary rights relating to or in connection with Citibank
Mobile Banking and all updates thereof, including without
limitation trademark, tradename, servicemark, patent and copyright,
shall at all times vest and remain vested in us.
- INDEPENDENT MOBILE PHONE SERVICE PROVIDER. You understand
that any access to Citibank Mobile Banking will be effected
through the relevant mobile phone service provider in the country
from where such service is accessed, and to this extent such access
will also be subject to and governed by the relevant laws and
regulations of that country and any terms and conditions prescribed
by the Mobile Phone Service Provider in separate agreements with
you. You shall be responsible for all fees, charges and expenses,
including IDD charges for overseas usage, which may be imposed
by the Mobile Phone Service Provider in servicing your telecommunications
equipment in connection with the use of Citibank Mobile Banking.
You represent to the best of your knowledge that your telecommunications
equipment through which access may be effected by any use of the
Mnemonic Account Number and MPIN are free from any electronic
or mechanical defect, data failure or corruption, viruses, bugs
and other similar problems. You agree that neither we, nor any
of our officers and employees or any branch, affiliate or subsidiary
of Citigroup, Inc., is responsible for any electronic or mechanical
defect, data failure or corruption, computer viruses and bugs
or related problems that may be attributable to your telecommunications
equipment and/or the services provided by any relevant mobile
phone service provider.
- AGREEMENT. This agreement shall form part of the General
Terms and Conditions Governing Citibank Philippine Accounts, the
Terms and Conditions for the Issuance and Use of Citibank Credit
Cards, and such other rules and regulations governing your Accounts
with us and shall be applicable to any future Accounts which you
may hereafter open with us.
- GOVERNING LAW. This agreement shall be governed by the
laws of the Republic of the Philippines and the exclusive venue
for all suits to enforce this agreement is only in the proper
courts of Makati City.
|
|