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Terms of Use
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:
  1. 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.

  2. 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.

  3. 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.

  4. 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.

  5. 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.

  6. 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.

  7. 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.


  8. 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.

  9. 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.

  10. 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.

  11. 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).

  12. 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.

  13. 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.

  14. 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.

  15. 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.

  16. 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.

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