AMEX_TCS_Web_JAN2023

Terms and Conditions Governing the Issuance and

Use of the American Express

Credit Cards

The CARD. The CARD is the sole property of BDO Unibank, Inc. (ISSUER). It is non-transferable and

its use shall be subject to ISSUER’s existing policies, regulatory rules and regulations, and to the

parameters, rules or guidelines of American Express as the same may be amended or supplemented

from time to time.

Upon request of the CARDMEMBER and/or if deemed qualied by the ISSUER, CARDMEMBER

agrees to the issuance of another CARD.

CARDMEMBER. The CARDMEMBER refers to both Basic and Supplementary CARDMEMBERS to

whom the CARD is issued.

When oered and made available by ISSUER as a CARD feature, Basic CARDMEMBER may apply for

issuance of Supplementary Cards. Basic CARDMEMBER shall be liable for all purchases and cash

advances made through the use of the Supplementary Cards. The use of Supplementary Cards shall

also be governed by these Terms and Conditions. Any reference to the CARD issued to the Basic

CARDMEMBER shall also apply to Supplementary Cards. Should the Basic CARDMEMBER request

for cancellation of a Supplementary Card, Basic CARDMEMBER agrees to pay all outstanding

obligations incurred by Supplementary CARDMEMBER.

Use of the CARD. Use of the CARD is subject to these Terms and Conditions or as amended from

time to time. CARDMEMBER’s signature at the back of the CARD and/or his/her use of the CARD,

with or without signing any CARD application form, signies his/her agreement with the Terms and

Conditions here.

CARD Validity, Renewal and Replacement. Unless terminated or cancelled earlier, the CARD shall

be valid from the issue date up to the last calendar day of the month indicated on its face. Renewal or

replacement of the CARD will be at the sole discretion of ISSUER. Should ISSUER opt not to renew or

replace the CARD, ISSUER may demand immediate full payment of CARDMEMBER’s outstanding

obligation.

ISSUER may change the CARD number or expiry date, or both, of a replacement CARD issued to

CARDMEMBER. CARDMEMBER is responsible for communicating this change to any party with

whom CARDMEMBER may have existing payment arrangements.

CARD Activation. Unless otherwise permitted by law or regulation, the CARD shall be activated

upon the request of the CARDMEMBER. CARDMEMBER also agrees that for as long as the CARD is

active, and unless ISSUER has received a request to cancel it, the CARDMEMBER’s account will

continue to incur fees even if the CARD has not been used.

CARDMEMBER Information and Consent. CARDMEMBER authorizes ISSUER, its parent company,

and its subsidiaries and aliates (“Related Companies”) to the extent allowed by law to do the

following:

To make whatever credit investigations necessary to ascertain CARDMEMBER’s credit standing

and nancial capability;

To ask and/or release, disclose, submit, share, or exchange any CARDMEMBER’s credit history or

CARD account information and reports as they may deem t including, but not limited to,

delinquent, past due or litigation status of CARD account, full payments or settlement of

previously reported CARD account and other CARD account updates to consumer reporting or

reference agencies, government regulatory agencies, and to banks or nancial institutions, credit

card companies, creditors, loyalty program partners, merchant partners or third parties;

To submit, disclose, and transfer to any and all credit information service providers of any

information, whether positive or negative, relating to CARDMEMBER’s basic credit data (as

dened under R.A. 9510) with the ISSUER as well as any updates or corrections thereof;

To inform CARDMEMBER about its promotional oers, advertisements and surveys through mail,

email, fax, short messaging service (SMS), telephone or any other means of communications. For

this purpose, CARDMEMBER allows ISSUER to use or share with Related Companies, third parties,

agents and representatives information CARDMEMBER has provided and/or information derived

from external sources for Related Companies, third parties, agents and representatives to oer

If CARDMEMBER wishes to be excluded from the recipient lists, CARDMEMBER has to call BDO

Customer Contact Center or follow the opt-out instructions regularly sent to CARDMEMBER.

Moreover, if CARDMEMBER nds any incorrect entry in the information held by ISSUER or in the

information provided by ISSUER to a consumer reporting or reference agency, he/she has to call

BDO Customer Contact Center for the appropriate action to be taken.

Responsibilities of CARDMEMBER. CARDMEMBER shall be liable to ISSUER for any and all

amounts charged to the CARD, including cash advances, nance charges or interests, applicable

fees, and other charges, whether incurred in the Philippines or abroad, and whether authorized

or unauthorized by CARDMEMBER, subject only to the provisions of Section 9 here.

CARDMEMBER also agrees to accept and pay for such charges without the necessity of proof of

a signed charge or sales slip, even without actually receiving a Statement of Account (“SOA”),

and regardless of the manner of collection used.

For CARD products billed in Philippine Pesos, all transactions made in foreign currencies will be

converted to U.S. Dollars by American Express before being converted to Philippine Peso by ISSUER.

A foreign currency factor of: (a) 1% will be applied to converted U.S. Dollar amounts, which will be

retained by American Express; and (b) 1.5% will be applied to converted Philippine Peso amounts.

For CARD products billed in U.S. Dollars, all transactions made in foreign currency other than U.S.

Dollars will be converted to U.S. Dollars by American Express. A foreign currency factor of 2.5% will

be added to the converted U.S. Dollar amounts, of which 1% is retained by American Express.

For payments made by CARDMEMBER in currency other than the billing currency, the payments will

be converted into the billing currency using ISSUER’s selling rate for the day. Application of said

payments will be in the following order: (a) interest/service charges, including late payment charges,

if any, and (b) principal amount.

All Peso transactions incurred by CARDMEMBER via installment may be subject to the regular

monthly add-on interest rates or zero percent interest. 0% interest is applicable if CARDMEMBER

pays his/her monthly installment amortization in full. Request for acceleration of charging the total

remaining unbilled balance may be accommodated subject to a fee. Peso transactions with mail,

telephone order, internet or retail merchants located outside the Philippines may be subject to an ad

valorem tax at the applicable rate, added to the Peso transaction. For transactions made by the

CARDMEMBER in the Philippines in currencies other than the billing currency, 1.5% will be applied

to the converted amount.

For drawing Cash Advances from designated Automated Teller Machines (ATM), ISSUER shall assign

to CARDMEMBER a Personal Identication Number (PIN). At all times, CARDMEMBER shall keep

the PIN condential. CARDMEMBER agrees that all Cash Advances using the CARD shall be

conclusively presumed to have been personally made or authorized by him/her. A Cash Advance Fee

will be imposed per Cash Advance transaction.

To purchase the foreign exchange necessary to cover all non-trade transactions using the CARD, the

charge or sales slip signed by CARDMEMBER for every purchase, or the transaction record for Cash

Advances drawn using the CARD from any authorized ATM, shall serve as the written application

from CARDMEMBER as required by the Manual of Regulations on Foreign Exchange Transactions.

CARDMEMBER acknowledges that the care and safety of the CARD is his/her responsibility, and

agrees to safeguard it against loss, theft, and fraudulent or unauthorized use.

Membership Fees. To be entitled to the CARD’s privileges and benets, CARDMEMBER shall pay

Membership Fee as the ISSUER may require. ISSUER reserves the right to amend the privileges and

benets of the CARD as well as the CARD’s Credit Limit. The continued use of the CARD shall be

construed as acceptance by CARDMEMBER of the amended terms, benets, credit limit, and fees.

All paid Membership Fees are non-refundable even if the credit privileges are suspended or

terminated, or even if CARDMEMBER cancels the CARD before its expiry date.

Loss of the CARD. The Lost Card Protection (LCP) feature relieves the CARDMEMBER of any nancial

liability resulting from fraudulent or unauthorized use of the CARD from the time the report of loss or theft

is received by BDO Customer Contact Center. Prior to the receipt of such report, CARDMEMBER

expressly agrees to be held liable to ISSUER and to pay for any and all transactions, purchases, and

charges made or incurred from the use of the lost or stolen CARD even if the signature of the

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CARDMEMBER is proved to be forged. A reasonable fee shall be charged to CARDMEMBER to cover the

replacement cost of a lost CARD.

Use of the Credit Limit. CARDMEMBER will be given a Credit Limit expressed in the Philippine

currency, inclusive of the Cash Advance Limit. This will be CARDMEMBER’s maximum allowable

outstanding balance, at any given time, to be shared with all of his/her Supplementary

CARDMEMBERs. CARDMEMBER agrees that installment purchases form part of the approved

Credit Limit unless a separate installment limit is specically designated by ISSUER, and the principal

amount of any installment transaction shall be debited from the available Credit Limit.

If the CARD has a dual currency feature, CARDMEMBER’s individual Credit Limit will be shared

between his/her Peso and Dollar accounts. CARDMEMBER’s U.S. Dollar Credit Limit is the same as

his/her Philippine Pesos Credit Limit only expressed in U.S. Dollar, based on the prevailing rates.

Local purchases will be billed in Philippine Pesos and posted in CARDMEMBER’s Peso account.

International (U.S. Dollar or other foreign currencies) purchases will be billed in U.S. Dollar and

posted in the CARDMEMBER’s Dollar account.

CARDMEMBER agrees to monitor his/her balance so as not to exceed the approved Credit Limit.

CARDMEMBER further agrees that ISSUER may reduce CARDMEMBER’s Credit Limit or Cash

Advance limit to an amount to be determined by ISSUER. Should the Outstanding Balance at any

time exceed the approved Credit Limit, ISSUER reserves the right to decline any transaction or

suspend the Credit Card privileges of CARDMEMBER and his/her Supplementary CARDS. The

excess of the Credit Limit shall be considered immediately due and demandable without need of

further notice or demand.

Credit Card Limit refers to the maximum total amount for purchases, cash advances, balance

transfers, nance charges, service fees, penalties and other charges which can be charged to the

CARDMEMBER’s Credit Card. In case the CARDMEMBER is issued two (2) or more BDO Credit

Cards, CARDMEMBER agrees that ISSUER may, at its sole discretion, give the CARDMEMBER a

separate Credit Card Limit for each of his CARDS. The total of all credit limits (Customer Credit Limit

or CCL) becomes the maximum total amount that can be charged to a CARDMEMBER. The

CARDMEMBER may also be given a Shared Credit Card Limit (SCCL) for all existing and future BDO

Credit Cards whereby the SCCL is the same as the CCL. SCCL is the Credit Limit assigned to a

CARDMEMBER across all issued BDO Credit Cards. Request for increase in Credit Limit may be

accommodated subject to the submission of required documents. In case CARDMEMBER has a dual

currency card, ISSUER may also allow CARDMEMBER to use his dual currency card for foreign

transactions to be billed in his Dollar Account even if the Peso Account of his dual currency card no

longer has sucient limit provided that there is still an available limit in his CCL.

In case of default in the payment of CARDMEMBER’s obligation on one or more CARDS, ISSUER may

at its sole discretion revoke CARDMEMBER’s right to use all or any of the CARDS and demand

immediate payment of all outstanding amounts under the CARDS.

Accredited Establishment. ISSUER has an agreement with American Express where the CARD bearing the

label of American Express shall, at all times, be honored in all their accredited establishments worldwide.

ISSUER shall not be liable to CARDMEMBER if, for any reason, any of such accredited establishments does

not honor the CARD. CARDMEMBER agrees to hold ISSUER free and harmless from any and all claims for

damages as a result of the refusal of any accredited establishment to honor the CARD.

CARDMEMBER shall not hold the ISSUER responsible for any defective product or non-performance

of a service. Any dispute between CARDMEMBER and the establishment shall not aect

CARDMEMBER’s outstanding obligation to the ISSUER arising from the use of the CARD.

In cases of a return of goods, tickets, and/or services obtained through the use of the CARD where

the merchant permits a refund, the ISSUER will not be accountable for any loss on the part of the

CARDMEMBER due to foreign exchange dierence between the transaction date and the refund

posting date.

Statement of Account (SOA). SOA will be sent to CARDMEMBER’s email address provided in the

Card application form or in the latest notice of change of email address in the records of ISSUER’s

credit card unit or at the available email address on record of CARDMEMBER with the ISSUER. A

printed form of the SOA shall only be sent to the CARDMEMBER’s registered billing address as

indicated in the Card application form or in the latest notice of change of billing address in the

records of ISSUER’s credit card unit or at the available address on record of CARDMEMBER with the

ISSUER only when 1) no email address was provided or available on record with ISSUER, or 2)

CARDMEMBER requested to receive a printed form. ISSUER may also send the SOA via other means

of delivery.

CARDMEMBER shall examine the SOA and notify ISSUER in writing for any billing error, discrepancy

or question not later than thirty (30) calendar days from Statement Date. CARDMEMBER agrees that

in the event of any reported error or fraudulent transaction, ISSUER reserves the right to make a

correction in the SOA only after investigating and conrming such error or transaction within a

reasonable time. In case of non-receipt of SOA, CARDMEMBER must immediately inform the ISSUER

about it and ask for the amount due. CARDMEMBER agrees that the obligation to pay the amount

due on or before Payment Due Date is not in any manner dependent upon the receipt of the SOA.

All other Terms and Conditions stated in the SOA shall form an integral part of these Terms and

Conditions by way of reference. In case of conict between the SOA and these Terms and

Conditions, the latter shall prevail.

Minimum Amount Due. The Minimum Amount Due is the amount to be paid by CARDMEMBER on

or before the Payment Due Date. It is the sum of the following:

In case of default, ISSUER may demand payment of the outstanding obligation in full.

Card Payment. CARDMEMBER must pay in cleared funds the Outstanding Balance or at least the

Minimum Amount Due on or before the due date (“Payment Due Date”) as indicated in the SOA.

CARDMEMBER who, upon determination by the ISSUER, is, or subsequently becomes Director,

Ocer, Stockholder (“DOS”) or a Related Interest (“RI”) of the DOS (spouse or relative within the rst

degree of consanguinity or anity [i.e. children, children-in-law, parents, parents-in-law]), as dened in

the Manual of Regulations for Banks (“MORB”) may be required by the ISSUER to pay the entire

Outstanding Balance, including unbilled installment amortizations, on or before the Payment Due Date

as required by existing regulation. The ISSUER reserves the right to suspend or cancel the CARD upon

determination that the CARDMEMBER is DOSRI. If the Payment Due Date falls on a Saturday or Sunday

or a regular national holiday, Payment Due Date is automatically moved to the next business day.

In case CARDMEMBER is issued two or more CARDS, CARDMEMBER authorizes ISSUER to the extent

permitted by law, without any obligation on its part and without prior notice, to apply CARDMEMBER’s

payments to any of the CARD account of the CARDMEMBER. CARDMEMBER further authorizes

ISSUER, without any obligation on its part and issue without prior notice, to likewise apply to any of the

CARDMEMBER’s outstanding obligations with ISSUER any payments made by CARDMEMBER or

amounts due the CARDMEMBER resulting from overpayments.

For payments made by CARDMEMBER in currency other than the billing currency, the payments will

be converted into the billing currency using ISSUER’s selling rate on the day payment was made.

Application of said payments will be in the following order: (a) interest/ service charges, including late

payment charges, if any, and (b) principal amount.

Finance Charge. If CARDMEMBER opts to (a) pay the Minimum Amount Due, (b) pay any amount

less than the Outstanding Balance, or (c) make a cash advance transaction, CARDMEMBER shall be

deemed as availing against his/her credit line with ISSUER and agrees to pay the corresponding

nance charges or interest rates on all obligations at a rate determined by ISSUER. The ISSUER may

change the rate from time to time and CARDMEMBER will be advised through the SOA or other

means of communication.

Using the average daily balance method (excluding current billing cycle purchase transaction), the

prevailing nance charge will be computed upon the following: the sum of (a) the outstanding

balance of the previous SOA as reected in the current SOA from the start to the end of the current

billing period, and (b) Cash Advance and Cash Advance fees posted during the current billing period

from transaction date to the end of the current billing period, less any payments and credits posted

during the current billing period, from their posting dates to the end of the current billing period.

Any unpaid amount as of the Payment Due Date shall be deemed payable on the next Payment Due

Date. If CARDMEMBER pays the Outstanding Balance in full by its Payment Due Date, but previously

had an outstanding balance from the previous SOA reected in the current SOA, the said outstanding

balance from the previous SOA will still incur Finance Charge computed from the start of the current

billing period up to the full payment date (“Residual Interest”). No nance charge will be computed

on any credit balance.

Late Payment Charge. If no payment is received on or before the Payment Due Date indicated in the

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SOA or if payment made is below the Minimum Amount Due, a Late Payment Charge shall be

imposed for every month of delay or a fraction of a month’s delay. CARDMEMBER agrees to pay late

payment charges or other charges for any overdue amount at a rate determined by the ISSUER.

Unpaid Late Payment Charges shall form part of the Outstanding Balance and shall continue to incur

Finance Charges every month until the balance is fully settled.

Fees and Charges. Fees and charges such as Finance Charge, Late Payment Charge, Membership Fee,

Cash Advance Fee, Gambling or Gaming Fee, lost CARD replacement fee, returned check penalty fee,

fee for closed accounts and/or accounts with insucient funds under an Auto-Debit Arrangement

(ADA) Facility, if applicable, and other applicable fees may be charged to the CARD account from time

to time. ISSUER may revise the fees and charges mentioned in these Terms and Conditions.

Delinquency. The CARD account shall be deemed delinquent when the Outstanding Balance

exceeds the Credit Limit or when CARDMEMBER fails to pay at least the Minimum Amount Due, or

the entire Outstanding Balance, as the case may be, on or before the Payment Due Date indicated in

the SOA. In case of delinquency, ISSUER shall have the right to suspend or cancel CARD privileges,

and the Outstanding Balance shall become immediately due and demandable without notice or

demand. CARDMEMBER shall continue to pay membership fees until the obligation is fully settled.

Events of Default. CARDMEMBER shall be considered in default, irrespective of the reasons for its

occurrence and regardless of whether it is voluntary or involuntary, when any of the following events

occurs:

Consequences of Default. The following shall be the consequences of default, whether singly,

concurrently, or successively:

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CARD Suspension, Cancellation and Termination. ISSUER may, at its exclusive option and without

notice to CARDMEMBER, suspend, cancel, or terminate the CARD or its privileges at any time for

whatever reason. Any outstanding credit availment at such time shall be considered due and

demandable without notice to CARDMEMBER.

CARDMEMBER may, at any time, terminate the Terms and Conditions or privilege to use the CARD

by written notice or by calling BDO Customer Contact Center even without returning the CARD to

ISSUER but the termination is subject to the immediate payment of any and all obligations incurred

in connection with the use of the CARD. CARDMEMBER should destroy the CARD, otherwise,

CARDMEMBER shall become liable to ISSUER for any and all fraudulent/unauthorized charges and

transactions made on the CARD.

Should ISSUER allow CARDMEMBER to pay less than the full amount due, fees and charges

mentioned in these Terms and Conditions shall continue to be imposed, and membership fee will be

collected and will be pro-rated until such time that the amount due is paid in full.

Collection. Should the CARD account be endorsed to an agency for collection, ISSUER shall inform

CARDMEMBER in writing, at least seven (7) days prior to actual endorsement or transfer of

endorsement, the names and contact details of the agency to whom the account is endorsed or

transferred.

If collection of CARD account is referred to a collection agency or enforced through court action,

CARDMEMBER agrees to pay the costs of collection or attorney’s fees, or both, equivalent to 25% of

the unpaid balance (including all nance and penalty charges), in addition to whatever damages

incurred by ISSUER. An additional amount equivalent to 25% of the unpaid balance, exclusive of

litigation expenses and judicial cost, shall be charged to CARDMEMBER as liquidated damages.

Compliance with Laws and Regulations. CARDMEMBER agrees to comply with all laws and

regulations related to the use of the CARD. CARDMEMBER further agrees not to use the CARD for

the purchase of items or goods whose importation in the Philippines is disallowed under the

provisions of BSP Circular No. 1389, as amended, and all other circulars, laws, rules and regulations

pertaining to importation. CARDMEMBER also agrees and warrants that the proceeds of any cash

advance availed abroad shall not be used for foreign investments or payment of foreign loans or for

any other purpose in violation of any existing foreign exchange rules and regulations.

Discretion. Without giving any reason or notice, and without prejudice to the other provisions here, ISSUER

has absolute discretion (a) to refuse to approve any proposed CARD transaction even if sucient credit is

available; (b) to limit the number or amount of gambling or gaming transactions even if sucient credit is

available; (c) to terminate or cancel CARDMEMBER’s right to use the CARD; (d) to increase or decrease the

Credit Limit; (e) to refuse to reissue, renew, or replace the CARD; (f) to introduce, amend, vary, restrict,

terminate, or withdraw the benets, services, facilities, and privileges in respect of, or in connection with

the CARD account, whether specically relating to CARDMEMBER or generally to all or specic

CARDMEMBERS; (g) to limit the number of CARDMEMBER’s purchases or cash advances in a day; (h) to

require CARDMEMBER to contact ISSUER or temporarily suspend CARD privileges in case ISSUER detects

any unusual or suspicious activity; or (i) to automatically enroll the CARDMEMBER in the One-Time PIN

Facility to secure online transactions; or to do all of the above. A One-Time PIN will be sent to the registered

mobile number which changes for every online transaction. CARDMEMBER shall keep the PIN

condential, under no circumstances should the CARDMEMBER disclose the One-Time PIN to any person

or compromise its condentiality.

Authorization and Indemnity for Telephone, Facsimile, Email and Other Form of Instructions.

CARDMEMBER authorizes ISSUER to rely upon and act in accordance with any notice, instruction or

other communication which may be given by telephone, facsimile, email, SMS or other means by

CARDMEMBER or on his/her behalf (the “Instructions”) which ISSUER believes in good faith to have

been made by the CARDMEMBER or upon his/her instructions or for his/her benet. ISSUER reserves

the right to require the Instructions to be contained or sent in a particular form or the submission of

supporting document/s, before it may decide to act or not to act upon the Instruction. ISSUER further

reserves the right to act upon Instructions and requests received from the Basic CARDMEMBER only.

In consideration of ISSUER acting in accordance with the terms of the Instruction, CARDMEMBER

hereby irrevocably undertakes to indemnify ISSUER and to keep ISSUER indemnied against all

losses, claims, actions, proceedings, demands, damages, costs and expenses of whatever nature,

arising out of or in connection with the implementation of the Instruction.

Any Instruction given by CARDMEMBER to ISSUER may be treated by ISSUER as valid and eective

until ISSUER receives from CARDMEMBER a written notice terminating or withdrawing the same,

save that such termination will not release CARDMEMBER from the liability and indemnity obligation

set forth above, with respect to any act performed by ISSUER in accordance with such Instruction,

prior to its termination/withdrawal.

Telephone Communications. CARDMEMBER agrees that ISSUER may tape or record all telephone

communications. CARDMEMBER likewise agrees and expressly consents that such taped or

recorded Instructions may be used by ISSUER or any third party, for any purpose, particularly as

evidence in any judicial or administrative proceeding.

Notices and Change of Address and Other Data. Notices shall be deemed received by

CARDMEMBER on the date of receipt if delivered by courier; after fteen (15) days from posting, if

sent by mail; or on the date of transmission, if sent by facsimile, SMS, or email. CARDMEMBER shall

immediately notify ISSUER, through the BDO Customer Contact Center, of any change in residence,

oce or billing address, email address, and other data previously indicated in the CARD application

such as status and phone number. Until ISSUER is notied of such changes, ISSUER will continue to

use the current CARDMEMBER information and data on le with it, and notices shall be deemed

received by CARDMEMBER when sent to the available address/es of the CARDMEMBER on le with

ISSUER.

The CARDMEMBER’s billing address should always be within areas specied by ISSUER, and in the

event that CARDMEMBER’s chosen billing address is not accessible through mail or courier delivery,

ISSUER shall have the option to use the other addresses provided by CARDMEMBER, if any.

CARDMEMBER must indicate a landline number in the preferred billing address provided in the

Credit Card application. In case the indicated landline number cannot be successfully contacted,

CARDMEMBER authorizes ISSUER to use CARDMEMBER’s contacted or veried location as the

billing address.

CARDMEMBER undertakes to notify ISSUER of any additional means of communicating with

CARDMEMBER aside from those disclosed in his/her CARD application. CARDMEMBER authorizes

ISSUER at its discretion but without any obligation to do so, to secure information from third parties

such as but not limited to utility companies, insurers, and nancial intermediaries, and to receive

information on how and where the CARDMEMBER can be contacted.

Should CARDMEMBER abandon or surreptitiously leave the place of employment, business, or

residence stated in CARDMEMBER’s credit card application, and if at that time CARDMEMBER’s

outstanding and unpaid balance is more than Ten Thousand Pesos (P10,000.00) or its equivalent and

is past due for at least ninety (90) days, it shall be considered prima facie evidence that

CARDMEMBER used the CARD with intent to defraud ISSUER.

Limitation of Liability. CARDMEMBER hereby agrees to indemnify and render ISSUER, its directors,

ocers, employees, agents and assigns free and harmless from and against any claim, cause of action,

suit, liability, and loss or damage of whatever nature that may arise as a result of, or in connection with the

use of the CARD and the transactions made with it.

In the event of any action led against ISSUER for any cause whatsoever, CARDMEMBER agrees that

ISSUER’s liability shall not exceed the amount of P1,000.00 or the reasonable actual and direct damages

proven to have been suered by CARDMEMBER, whichever is lesser. In no event shall ISSUER be liable

for any special, consequential, or indirect damages suered by CARDMEMBER even if ISSUER has been

advised of the possibility thereof.

The above provision shall survive the termination, cancellation, or suspension of the CARD or the right to

use the CARD.

Venue of Actions. Venue of any action shall be in the proper courts of Metro Manila.

Non-Waiver of Rights. No failure or delay on the part of ISSUER in exercising any right or power

given here shall operate as a waiver of that right or power, and nor shall any partial or single exercise

of any such rights or powers preclude any of the other rights or powers provided here. No waiver by

ISSUER of any of its rights or powers under these Terms and Conditions shall be deemed to have

been made unless expressed in writing and signed by its duly authorized representative.

Amendments. ISSUER reserves the right to amend these Terms and Conditions at any time and for

whatever reason it may deem proper, and any such amendment shall be binding upon

CARDMEMBER upon notice by publication or other means of communication, electronic or

otherwise.

Assignment and Waiver. CARDMEMBER agrees that ISSUER, without notice to CARDMEMBER,

may assign, discount, or otherwise transfer part or all of its rights or obligations here or under any

CARD transaction. In the event of such assignment, CARDMEMBER irrevocably agrees not to assert

against the assignee set-o rights of any obligations that may be owed by ISSUER to CARDMEMBER.

CARDMEMBER may not assign his/her rights and obligations under these Terms and Conditions

without ISSUER’s prior written consent.

Taxes, Fees and Expenses. CARDMEMBER agrees to assume for his/her sole account any and all

taxes, fees and expenses that may be due or payable in connection with the issuance and use of the

CARD or with any other credit facilities granted by ISSUER in connection with the CARD.

CARDMEMBER Complaint. Any complaint regarding the CARD or its use, or both, shall be

communicated to the BDO Customer Contact Center or through our BDO Consumer Assistance

Management System at https://www.bdo.com.ph/consumer-assistance. CARDMEMBER agrees and

understands that the ISSUER will endeavor to resolve any properly communicated complaint within 7

to 10 banking days from ISSUER’s receipt of the complaint with complete information, and that for

complaints requiring more time to investigate and resolve, ISSUER will advise the CARDMEMBER

accordingly, including the progress thereof. CARDMEMBER agrees to fully cooperate with any such

investigation by providing the necessary or required data, information, and documents.

Submission of ITR and Waiver of Condentiality of CARDMEMBER Information. Before the CARD

may be issued or upon its renewal or extension or upon the request of ISSUER during the CARD’s

eectivity, CARDMEMBER shall submit to ISSUER a copy of his/her most recent Income Tax Return

(“ITR”) or, if CARDMEMBER is a xed income employee, a copy of his/her most recent Bureau of

Internal Revenue (“BIR”) Form 2316 (Certicate of Income Tax Withheld on Compensation) as led by

his/her employer with the BIR, then stamped “RECEIVED” by the BIR or its authorized agent bank.

CARDMEMBER likewise irrevocably authorizes ISSUER to obtain a copy of such ITR or such BIR Form

2316 from the BIR or any reliable or competent source, and to conduct random verication with the

BIR to establish authenticity of the ITR or the BIR Form 2316 and its accompanying nancial

statements or documents. For this purpose, CARDMEMBER waives the condentiality of

CARDMEMBER information in those documents.

No PDIC Coverage. The CARD account is not a deposit account and is not covered by the Philippine

Deposit Insurance Corporation (PDIC).

products to CARDMEMBER;

To send broadcast and push messages as well as notices and announcements via broadcast

messaging service, multimedia messaging service, and SMS to CARDMEMBER.