DEFINITIONS: The following definitions shall apply to the terms used herein:

“AUB” – ASIA UNITED BANK, Credit Card Issuer

“CARD” – Credit Cards issued by ASIA UNITED BANK (AUB)

“CARDHOLDER” – The person to whom or for whose use a CARD is issued by AUB; the term shall likewise include the person to whom a supplementary credit card is issued upon the request of the principal CARDHOLDER.

“TERMS AND CONDITIONS” or “AGREEMENT” –These terms and conditions shall also be referred to as the “agreement” and shall include the CARDHOLDER’s application, the CARD, the Statement of Credit Card Fees and Charges, the terms and conditions governing the following: AUB e-mail statements and SMS Alerts Service, any and all amendments thereto, including the sales slip and/or other programs, forms and documents evidencing charges to the CARD, and such other rules, regulations, terms and conditions as AUB shall issue from time to time.

1. THE CARD AND THE USE OF THE CARD

The CARD. The CARD shall remain the property of AUB. AUB may, at its sole discretion, suspend, block, terminate or cancel the CARD privileges at any time for any reason, with or without prior notice to the CARDHOLDER. In these cases, the CARDHOLDER agrees to surrender his/her CARD upon demand to any authorized AUB representative. Moreover, all purchases and charges become immediately due and demandable without need of notice or demand. The CARD shall be non-transferable and shall be properly signed and presented by the CARDHOLDER to any merchant. The CARD shall be used for personal purposes only..

1. 1.1. CARD APPLICATION. The request for the issuance of Cards may be done through various channels, such as but not limited to regular application form, on-line application through AUB website, and through the AUB Customer Service Hotline. CARDHOLDER agrees that as long as the CARD is active and unless AUB has confirmed on the receipt of a valid request to cancel or terminate it, the CARDHOLDER shall be responsible for all transactions processed by means of the CARD and CARDHOLDER’s account shall continue to incur fees even if the CARD has not been used.

   
   

   1.2. CARD DELIVERY. The request for the issuance of Cards may be done through various channels, such as but not limited to regular application form, on-line application through AUB website, and through the AUB Customer Service Hotline. CARDHOLDER agrees that as long as the CARD is active and unless AUB has confirmed on the receipt of a valid request to cancel or terminate it, the CARDHOLDER shall be responsible for all transactions processed by means of the CARD and CARDHOLDER’s account shall continue to incur fees even if the CARD has not been used.

   
   

   1.3. RESPONSIBILITY OF THE CARDHOLDER . CARDHOLDER shall be liable to AUB for the amounts charged to the CARD, including the interest and all non refundable fees and other charges, whether made in the Philippines or abroad. Any record of any amounts charged to the CARD stored in any medium, including sales slips, transaction audit trails, recorded confirmation, transaction journal, merchant settlement report, ATM receipts, debit tickets, electronic data, and any records obtained from any credit card association or any other party, system, database or network shall be conclusive and binding on the CARDHOLDER for all purposes whatsoever save for manifest error made known in writing to the BANK not later than twenty (20) days from Statement date in the AUB Electronic Statement of Account (Email SOA) or other similar statements. The CARDHOLDER acknowledges that in case of a dispute, the above records and the corresponding statements of account are valid proofs of all transactions/charges to the CARD. AUB may change the credit card number and/or expiry date when issuing a replacement card to the CARDHOLDER. The CARDHOLDER is solely responsible for communicating this change to any party with whom the CARDHOLDER may have payment arrangements. AUB shall not be responsible for any consequences arising from declined transactions, whether submitted under the old card number or otherwise. The CARDHOLDER shall safely keep the CARD and not use the CARD after its expiry date or upon its cancellation or suspension nor permit anyone to use the CARD for any reason whatsoever.

   
   

   1.4. CREDIT LIMIT . AUB has the sole discretion to determine the amount of credit limit, including any subsequent request for increase or decrease in credit limit, expressed in Philippine Peso. AUB reserves the right to withhold information regarding the disapproval of request for increase of credit limit. The credit limit shall be shared between and strictly observed by the Principal and Supplementary CARDHOLDER/s. The maximum allowable outstanding balance must not exceed the credit limit at any time. Any outstanding balance that exceeds the credit limit shall become immediately due and demandable without further notice or demand. AUB may increase or reduce the credit limit at any time without prior notice to the CARDHOLDER and for whatever reason, including but not limited to any reasonable ground for AUB to believe that the prospect of payment of the CARD obligation is or shall be impaired as shown by the default in any of CARDHOLDER’s obligations to any third party/ies or such other circumstances and conditions which materially and adversely affect the CARDHOLDER’s financial standing or ability to perform obligations under these Terms and Conditions. Payments do not automatically adjust available credit limit as: (a) the posting of payments may occur, following receipt of the payment, one (1) banking day for cash payments made over-the-counter at AUB branches, two (2) banking days for other AUB card payment centers and four (4) banking days for local clearing check payments, or; (b) there may be transactions posted after the last statement date.

   
   

   1.5. EXPIRATION, RENEWAL AND REINSTATEMENT. Unless earlier terminated by AUB, voluntarily cancelled or returned by the CARDHOLDER, the CARD shall be valid from the day of issuance or renewal and expires on the last day of the month indicated on the face of the CARD. Renewal of the CARD shall be at the option of AUB. AUB shall likewise have the option of reinstating CARDHOLDER’s privileges which have been terminated for any reason whatsoever.

   
   

   1.6. SUPPLEMENTARY CARDS. CARDHOLDER may request for issuance of Supplementary CARD/s through various channels, such as but not limited to regular application form, on-line application through the AUB website, and through the AUB Customer Service Hotline. The issuance of the Supplementary CARD/s is subject to AUB's credit policies and guidelines. The use of Supplementary CARD/s shall be governed by this Agreement. Any reference to the CARD issued to Principal CARDHOLDER shall also apply to Supplementary CARD/s.

   
   

   1.7. LOSS OF CARD. In case of loss or theft of the CARD, CARDHOLDER should immediately report such fact to AUB by calling AUB Customer Service at (+632) 8-282-8888, or domestic toll free at 1-800-10-282-8888, or if abroad, by calling IAC+800-1-282-8000 or its toll free numbers in selected countries listed in AUB Website. Prior to the receipt of such report, the CARDHOLDER expressly agrees to be held liable to AUB 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 CARDHOLDER is proved to be forged. Any unauthorized charges against lost/ stolen card prior to the receipt of such report shall be for the exclusive account of the CARDHOLDER. A reasonable fee shall be charged to CARDHOLDER to cover the replacement cost of a lost CARD. Should CARDHOLDER fail to report to AUB the loss of the CARD and to provide the required information as to the place, date, and last purchase made, AUB or its affiliated merchants shall be rendered free and harmless from any and all liabilities arising out of the CARD’s loss or theft.

   
   

   1.8. ACCREDITED ESTABLISHMENTS. AUB has contracted with establishments to honor the CARD for purchases of goods and services. Likewise, AUB has entered into an agreement with MasterCard where the CARD issued bearing the MasterCard label shall be honored at all MasterCard accredited establishments worldwide. However, AUB shall not be responsible/liable to the CARDHOLDER, if, for any reason(s), the CARD is not honored by the accredited establishments or MasterCard. The CARDHOLDER agrees to hold AUB, its directors, officers, employees and representatives free and harmless from any and all claims for damages resulting from the failure of any accredited establishment or MasterCard to honor the CARD. CARDHOLDER's liability to AUB is absolute. The existence of any claim or dispute between CARDHOLDER and any accredited establishment shall not affect CARDHOLDER’s obligation to pay the purchases, availments together with all interests, penalties, fees and other charges incurred thereon, if any, arising from the CARDHOLDER’s use of the CARD (the “Total Amount Due”). In cases of return of goods, tickets and services obtained through the use of the CARD where the merchant permits such return, the CARDHOLDER agrees that (i) the refund shall not be in cash; and (ii) AUB shall credit the CARDHOLDER’s account for the refund.

   
   

   1.9. INTERNET TRANSACTIONS. The CARDHOLDER is solely responsible for the security of his/her CARD at all times, especially in connection with the use of the CARD to purchase goods and/or services through online internet sites or portals. The CARDHOLDER agrees that the entry of his/her CARD information on the internet is sufficient proof that instructions were given for the use of the CARD, and that AUB is not required to verify the identity or the authority of the person entering the CARD information. However, AUB may choose not to carry out any transactions over the internet if it has any reason to doubt its authenticity or if in its opinion it is unlawful or otherwise improper to do so or for any other reason.

2. STATEMENT OF ACCOUNT (SOA). AUB shall send an Email Statement of Account (Email SOA) only containing the details and summary of all credit card transactions, fees, and charges at the registered email address stated in the credit card application or at the Email address on record. The CARDHOLDER should maintain an active Email address to regularly receive his/her Email SOA. The Email SOA shall be conclusively presumed to have been received by the CARDHOLDER within three (3) banking days after the statement cut-off date without need of prior notice from AUB. On the other hand, CARDHOLDER should immediately notify AUB through telephone or in writing of his/her failure to receive his/her Email SOA. The said Email SOA shall likewise be conclusively presumed to be correct unless the CARDHOLDER notifies AUB through telephone or in writing of any error within twenty (20) days from the statement date. Notwithstanding anything to the contrary, non-receipt or late receipt of the Email SOA shall not relieve the CARDHOLDER of his/her obligations to pay amounts due to the Credit Card on Payment Due Date. AUB shall be notified immediately through the AUB Customer Service Hotline (+632) 8-282-8888 (Metro Manila) or 1-800-10-282-8888 (Domestic Toll-Free), and in writing of any billing error in the Email SOA. If the CARDHOLDER notifies AUB of an error in the Email SOA, the CARDHOLDER shall not be liable to pay the disputed amount while AUB is investigating, but the CARDHOLDER is liable to pay at least the Minimum Amount Due on or before the Payment Due Date. If after investigation, AUB acknowledges the error in the Email SOA, the CARDHOLDER is not liable to pay any Interest Charges related to the disputed amount only. Otherwise, the CARDHOLDER is liable to pay the disputed amount, as well as the corresponding Interest Charges due, and Dispute Fee/s due. The CARDHOLDER(s) recognize and admit the integrity of the Email SOA in an electronic form pursuant to the provisions of the Electronic Commerce Act and agree to pay the amount thereon on Payment Due Date without need for presentation of signed charge slips. The CARDHOLDER is held responsible for the confidentiality and hold AUB free and harmless from any unauthorized access or viewing of the provided Email SOA.

1. 2.1. PAYMENT DUE DATE. The Payment Due Date shall be defined as the date when the Minimum Amount Due has to be paid. If the Payment Due Date falls on a Saturday, Sunday or holiday, the banking day following the Payment Due Date indicated in the Email SOA shall become the Payment Due Date. The Payment Due Date may be changed to an earlier date if the CARDHOLDER’s account is considered overdue and/or with balances in excess of the credit limit, or to such other date as may be deemed proper by AUB with notice to the CARDHOLDER on the same monthly statement of account.

   
   

   2.2. MINIMUM AMOUNT DUE. The CARDHOLDER shall nominate from the pre-defined amounts his/her Minimum Amount Due during the application process which he/she is liable to pay on or before the Payment Due Date as shown in the Email SOA given to the CARDHOLDER. The CARDHOLDER, however, shall have the option to pay the Total Amount Due, the Minimum Amount Due, or any amount in between the Total Amount Due and Minimum Amount Due. In any event, the CARDHOLDER must pay at least the Minimum Amount Due, which AUB must receive as cleared funds on or before the Payment Due Date. All payments made by the CARDHOLDER must be in the billing currency of the issued CARD.

   
   

   The Minimum Amount Due is Php500 or the sum of the following, whichever is higher:

   a) Any amount in excess of the approved credit limit;

   b) Fees and finance charge;

   c) A percentage of the Total Amount Due, less above-mentioned letters a to b. PLUS, Past due amount, if any. Should the outstanding balance be less than Php500, it shall be considered as both the Total Amount Due and Minimum Amount Due.

3. FEES AND CHARGES.

1. 3.1. MEMBERSHIP FEES. To be entitled to the CARD’s privileges and benefits, CARDHOLDER shall pay an annual membership fee as AUB may require. Upon written notice to the CARDHOLDER, AUB reserves the right to amend from time to time those privileges and benefits. All paid annual or monthly membership fees are non-refundable even if the credit privileges are suspended or terminated, or even if CARDHOLDER cancels or surrenders the CARD before its expiry date. The membership fees shall be charged to the CARD account of the CARDHOLDER.

   
   

   3.2. FINANCE CHARGES. If the CARHOLDER pays the Total Amount Due in full on or before the Payment Due Date, no Finance Charge shall be imposed. If the CARDHOLDER opts to pay the Minimum Amount Due or any amount less than the Total Amount Due, the CARDHOLDER shall be deemed as availing against his/her credit line and agrees to pay the Finance Charge and other charges, as provided by AUB, plus any applicable taxes and charges required by the government on such charges. The Finance Charge, at AUB’s prevailing rate, shall be computed using the average daily balance method upon the following: a) CARDHOLDER’s outstanding balance as reflected in the previous Statement of Account (SOA), plus all new transactions posted from the day after the previous statement up to the current SOA computed from the posting date until the current statement date, less b) Payments and credits posted during the current statement period, accruing from their posting dates to the end of the current statement period. Any amount unpaid as of the Payment Due Date shall be deemed payable on the next billing period unless the CARDHOLDER opts to re-avail of the credit line for the next billing period by paying an amount less than the Total Amount Due but not less than the Minimum Amount Due. Finance charge rates may change and shall be advised from time to time.

   
   

   3.3. LATE PAYMENT FEE. If the CARHOLDER fails to pay at least the Minimum Amount Due on or before the Payment Due Date, a Late Payment Fee of P500 shall be imposed on the credit card account and shall be reflected in the next period’s statement of account.

   
   

   3.4. SERVICE FEE ON FOREIGN CURRENCY TRANSACTIONS – All charges including those incurred abroad through the use of the CARD shall be billed and be payable in Philippine currency. Transactions made in foreign currencies shall be automatically converted to Philippine Peso using MasterCard’s selected foreign exchange rate. From the peso conversion, AUB shall add MasterCard’s Issuer Cross Border and Currency Conversion Assessment fees. A 1% service fee shall be charged by AUB and shall be added to the sum of the Peso Conversion and MasterCard fees. The additional fees shall be imposed at the sole and absolute discretion of AUB, and may be subject to change. Such billing currency amount represents the amount due to AUB for AUB’s purchase and payment on the CARDHOLDER’s behalf of the foreign currency necessary to discharge the amount/s due to MASTERCARD and/or the acquiring BANK and/or foreign merchant affiliate/s.

   
   

   3.5. RETRIEVAL FEE. A minimum fee may be charged for the retrieval of any charge slip or sales invoice copy. Unless otherwise provided, the amount of Php250 for each local sales slip and Php500 for each international sales slip shall be charged upon CARDHOLDER’s request for retrieval, for whatever reason. In addition to actual cost, the same amount shall be charged to the CARDHOLDER for each sales slip retrieved by AUB arising from an invalid dispute.

   
   

   3.6. CARD REPLACEMENT FEE. A card replacement fee of Php500 may be charged for every card replacement.

   
   

   3.7. COLLECTION FEE. Should the account be referred and/or subsequently reassigned to an agency/agent for collections, AUB shall inform the CARDHOLDER in writing prior to the actual endorsement in accordance with the procedures and requirements prescribed by relevant banking regulations to ensure proper handling of the CARDHOLDER's account. In case of default in payment, the CARDHOLDER is liable to pay, in addition to late payment fees and interest charges, the cost of collection and/or attorney's fees and the litigation and judicial expenses as applicable.

   
   

   3.8 STATEMENT OF ACCOUNT (SOA) PRINTING FEE. A printed copy of the SOA may be requested by the CARDHOLDER. A service charge of Php100 for the first three (3) pages and Php10 for each succeeding page shall be charged to the CARDHOLDER’s account for this request.

   
   

   3.9. OTHER FEES. AUB may charge other fees relating but not limited to processing of cash payments, use or maintenance of the CARD, additional features or privileges that may be added to the CARD, that may be imposed by AUB as may be required or warranted under the circumstances as determined by AUB, upon notice to the CARDHOLDER.

   
   

4. APPLICATION OF PAYMENT. Payment to the CARD account shall be applied in the following order: (a) Retail Interest Charge Billed (b) Retail Service Charge Billed and Replacement Card Fee Billed and Annual Membership Fee Billed (c) Retail Transactions Billed (including utility enrollments) (d) Retail Transactions Unbilled.

5. DEFAULT. At the sole discretion of AUB, CARDHOLDER shall be considered in default, irrespective of the reasons for its occurrences and regardless of whether it is voluntary or involuntary, when any of the following occurs:

1. a) CARDHOLDER fails to pay on Payment Due Date any amount payable under these Terms and Conditions;

   b) CARDHOLDER’s Total Amount Due exceeds the assigned Credit Limit;

   
   

   c) False information is provided in the CARD application form or information required in the CARD application is not disclosed.

   
   

   d) AUB receives any legal process against a substantial portion of the property, income, and assets of CARDHOLDER;

   
   

   e) CARDHOLDER is suspended or separated from employment or his/her business operations are suspended or closed;

   
   

   f) CARDHOLDER is charged with, convicted or is under investigation by a competent government authority for violation of Republic Act. No. 8484 (Access Devices Regulation Act of 1998) or the Revised Penal Code (RPC) of the Philippines or any other penal laws or regulations; or when AUB finds prima facie evidence to charge CARDHOLDER with a violation of any of the provisions of the said laws or regulations;

   g) CARDHOLDER fails to pay any other due and owed to AUB or its Related companies or both, or else fails to fulfill any other undertakings or obligations to AUB or other related Companies, or both;

   
   

   h) CARDHOLDER dies or becomes legally incapacitated or insolvent;

   
   

   i) An event or circumstance transpires that in AUB’s reasonable opinion, shall adversely affect the CARDHOLDER’s performance or payment of obligations under these Terms & Conditions.

6. SUSPENSION OR TERMINATION OF THE CARD ACCOUNT.

1. 6.1. CARD BLOCKING. The CARDHOLDER acknowledges that AUB may, at any time and without need of prior notice, block to prevent the use of the CARD for whatever reason, including but not limited to (a) possible fraud, (b) if AUB detects any unusual, questionable or suspicious transaction/s on the CARD Account or (c) the CARHOLDER is in default as provided under these Terms and Conditions.

   
   

   6.2. CARD SUSPENSION. The CARDHOLDER acknowledges AUB's right to suspend the CARD Account, without notice and for whatever reason, including but not limited to the failure to pay at least Minimum Payment Due on Payment Due Date. The suspended CARD Account may, at the option of AUB, be reinstated once CARDHOLDER makes payment sufficient for the CARD Account to be active and in order.

   
   

   6.3. CARD CANCELLATION. AUB has the right to cancel and terminate the CARD Account, without notice and for whatever reason, including but not limited to events of default. CARDHOLDER may terminate this Agreement and cancel CARD Account by giving AUB written notice or by calling the AUB Customer Service Hotline. The cancellation is effective upon confirmation by AUB of receipt of the cancellation of CARD Account. CARDHOLDER shall still be responsible for all transactions made, including fees and charges imposed before the confirmation of the CARD Account cancellation.

   
   

   6.4 CLOSED CARD ACCOUNT. In case of termination of the CARD or this Agreement, the entire outstanding obligation in the CARD (regardless of whether or not the transactions made have been posted to the CARD), including all fees and charges, shall become immediately due and payable without demand or notice. AUB shall be entitled to continue charging FINANCE CHARGES until the CARD obligations are settled. In case there are credit balances remaining after the CARD is closed, CARDHOLDER shall make appropriate arrangement with AUB and collect the remaining credit balance within three (3) months from the date when the CARD Account is closed.

   
   

   6.5. TERMINATION BY CARDHOLDER. Termination shall be processed only upon notification by the CARDHOLDER through telephone, facsimile or other means of communication of his/her intention to terminate his/her membership and the full settlement of his/her credit card account including all enrolled bills. The CARDHOLDER is duty bound to cancel all his/her enrolled bills with the corresponding merchants.

7. SOLIDARY LIABILITY. The CARDHOLDER shall provide upon request an acceptable CO-OBLIGOR. The CO-OBLIGOR shall be jointly and severally liable with the CARDHOLDER and his/her SUPPLEMENTARY CARDHOLDERs to pay AUB all obligations and charges made through the use of the CARD.

8. SURETY. The CARDHOLDER’s spouse who is a supplementary CARDHOLDER shall automatically become a surety who shall be jointly and severally liable with the CARDHOLDER herein and in all renewals hereof. Notwithstanding the foregoing and at AUB’s request, the CARDHOLDER shall furnish surety(ies) acceptable to AUB who shall be jointly and severally liable with the CARDHOLDER and/or the CARDHOLDER’s supplementary to pay AUB all the obligations and charges herein and in all renewals hereof, incurred through the CARD and the supplementary CARD(s).

9. RIGHT OF SET OFF. In case the CARDHOLDER is in default, AUB shall have the right, to set-off or apply to the payment of CARD obligations any funds which the CARDHOLDER may have deposited with AUB, or which AUB may have in its possession or control, including all or any interests or other income which may accrue thereon, and including but not limited to savings, checking, time deposit accounts and/or long-term investments, which AUB is authorized to pre-terminate accordingly, to convert into Philippine Peso if denominated in foreign currency at the prevailing exchange rate at the time of set-off or pre-termination, it being understood that all taxes, expenses and charges arising from the pre-termination shall be shouldered by the CARDHOLDER. CARDHOLDER hereby authorizes AUB, by way of legal compensation or set-off, to withhold all properties or securities that are now or may hereinafter come into the possession and/or control of AUB, and apply the same at its option, to the payment of CARD obligations. CARDHOLDER hereby irrevocably constitute and appoint AUB as his or her attorney-in-fact with full power, in his or her name and behalf but without necessity of prior notice, to negotiate, sell, transfer, or in any manner dispose of such stocks, bonds, or other property by public or private sale, including any and all interests or other income which may accrue thereon, and thereafter apply the proceeds of such sale or disposition in payment of any and all amounts due under the CARD Account.

10. LIMITATION OF LIABILITY. In any action arising from this Agreement or incidental thereto, which the CARDHOLDER or any party on his/her behalf may file against AUB, AUB’s liability shall not exceed the amount of One Thousand Pesos (P1,000.00) or the actual damages proven, whichever is lower. The CARDHOLDER shall hold AUB harmless from suit and free from damages for any loss, damage or injury that the former may incur or sustain by reason of, or arising from any credit card feature, service or facility provided or rendered by a third party engaged by AUB to provide such feature or render such service or facility.

11. WAIVER AND CONSENT TO DISCLOSURE. The CARDHOLDER hereby agrees, consents, permits and authorizes AUB to process, store, update, access, share and/or make disclosures, of all information, whether personal/sensitive/privileged information or otherwise, relating to his/her accounts and credit standing to: (i) third persons and entities to facilitate administration and implementation of the accounts, BANK products, services, facilities and channels; or (ii) AUB's local branches, its parent company, its subsidiaries and affiliates or such other related companies, whether organized in the Philippines or in other jurisdictions, to assist AUB in the collection, recording, organization, storage, updating or modification, retrieval, consultation, use, consolidation, blocking, erasure, destruction of data, administration, sharing, implementation and servicing of the accounts, AUB products, services, facilities and channels; or (iii) government regulatory agencies, credit information/investigation companies, financial institutions, credit bureaus, other BANKs, other credit card companies, loyalty program partners, consumer reporting or reference agencies, whether based in the Philippines or other jurisdictions, for reports of CARDHOLDER's credit history and account updates including but not limited to past due on litigation status of accounts, full payments, or settlement of previously reported defaulting accounts; or (iv) third parties engaged by AUB or by its parent company, its subsidiaries or affiliates, or such other related companies under a duty of confidentiality to offer selected products and services which may interest the CARDHOLDER unless he/she specifically instruct otherwise in writing; or (v) service providers or entities to assist in the administration and implementation of the accounts, AUB products, services, facilities and channels; or (vi) insurers, insurance brokers or providers of deposit or credit protection or protection against all kinds of risks against loss or damage including but not limited to fraud or unauthorized charges; or (vii) such bodies/agencies having regulatory authority over AUB, or having regulatory authority or jurisdiction where his/her payments or checks, deposits, withdrawals or fund transfers pass/ are cleared/ transmitted or delivered; or (viii) such other persons or entities AUB may deem as having authority or right to such disclosure of information, as and when required by the circumstances, as in the case of: (a) AUB’s participation in any ATM network, electronic fund and/or credit card network; or (b) resulting from the BANK’s outsourcing of its functions, such as but not limited to, compliance with Know Your Client ("KYC") requirements, signature verification, distribution of card application, card creation, card release and printing/processing of card statements. As such, CARDHOLDER expressly waives his/her right under confidentiality laws in the Philippines or in other jurisdictions including but not limited to RA 1405 or The Law on Secrecy of BANK Deposits, RA 6426 or The Foreign Currency Deposit Act and RA 8791 or The General Banking Law, and CARDHOLDER likewise expressly waives and consents to allow AUB to process, store, update, access, share and/or disclose any personal/sensitive/privileged information that may be required for the purposes and to the entities enumerated above relative to the accounts as well as AUB products, services, facilities and channels which are activated, enrolled in or availed of by the CARDHOLDER.

12. COMMUNICATION. The CARDHOLDER undertakes to notify AUB, through its Customer Service at 8-282-8888 or by writing AUB (E-mail Address: creditcards@aub.com.ph), of any additional means of communicating to him/her aside from what is disclosed in the credit card application, as well as any change in the CARDHOLDER’s home, office or billing address, e-mail and telephone number. In case the CARDHOLDER is not accessible through his/her given addresses or contact details, AUB has the option to use other addresses or contact details that it may subsequently obtain. Notwithstanding this provision, the CARDHOLDER agrees that any communication sent to the designated billing address shall be considered as received by the CARDHOLDER within ten (10) calendar days after mailing. The CARDHOLDER shall notify AUB in writing of any change in the CARDHOLDER’s civil status.

1. 12.1. NEW PROGRAMS, PRODUCTS AND SERVICES. On occasion, AUB may inform the CARDHOLDER about its promotional offers through mail/email/fax/SMS/website or by telephone. AUB may also allow its branches, subsidiaries, affiliates, agents and representatives and third parties selected by any of them and certain companies to offer specially selected products and services to the CARDHOLDER through mail/email/fax/SMS/website or by telephone. For this purpose, AUB may transfer and disclose selected customer information to its branches, subsidiaries, affiliates, agents and representatives and third parties selected by any of them and certain companies. Conformity to these Terms & Conditions shall constitute the CARDHOLDER’s written consent for any transfer and disclosure of information of the CARDHOLDER’s name, address, contact details and other relevant information to AUB’s branches, subsidiaries, affiliates, agents and representatives and third parties selected by any of them and certain companies for the purposes indicated above and under applicable laws and regulations.

   
   

   12.2. SMS AND EMAIL. The CARDHOLDER hereby agrees that AUB may send or communicate through e-mail, text messages or through the CARDHOLDER’s declared SMS-enabled cellular phone for specific, or email and timely prompts, reminder and notices from time to time concerning account information, internet security, and other matters relating to the Credit Card. The CARDHOLDER hereby acknowledges and accepts that each SMS or email may be sent to the CARDHOLDER without being encrypted and may include the CARDHOLDER’s name and information pertaining to the CARDHOLDER’s Credit Card Account. It is the CARDHOLDER’s responsibility to ensure the security of his/her mobile phone and email and the CARDHOLDER hereby holds AUB free and harmless against any and all liability, administrative, civil, or criminal, including but not limited to, those relating to any secrecy laws or regulations (if any), should any SMS or email be viewed or accessed by any persons other than the CARDHOLDER. The CARDHOLDER agrees that AUB does not guarantee the timely delivery or accuracy of any SMS or email, which are purely for convenience, information and notification purposes only. The CARDHOLDER shall be fully responsible to monitor the due performance and compliance of his/her obligations. shall be fully responsible to monitor the due performance and compliance of his/her obligations.

   
   

   12.3. AUTHORIZATION AND INDEMNITY FOR TELEPHONE, TELEX, FACSIMILE INSTRUCTIONS. The CARDHOLDER acknowledges that the sending of information or instructions through telephone, mobile phone text messages, telex, facsimile, e-mail or other electronic means is not fully secure and may be intercepted by third parties. The CARDHOLDER authorizes AUB to rely upon and act in accordance with any notice, information, instruction or other communication which may from time to time be, or purport to be, given by the CARDHOLDER or in the CARDHOLDER’s behalf via telephone, mobile phone text messages, telex, facsimile, e-mail, or other electronic means (the “Instructions”), which AUB believes, in good faith, to have been made by the CARDHOLDER or upon his/her instructions or for his/her benefit. AUB shall not be liable for any loss or damage that the CARDHOLDER may suffer as a result of AUB’s reliance, action, or refusal to act upon the Instructions. AUB shall be entitled to treat the Instructions as fully authorized by and binding upon the CARDHOLDER, and AUB shall be entitled to take such steps in connection with or on reliance upon the Instructions as AUB may consider appropriate, whether the Instructions include instructions to pay money or otherwise to debit or credit any account, or relate to the disposition of any money, securities or documents, or sending of information through mobile phone text messages, telex, facsimile, e-mail, or other electronic means. In order for AUB to render prompt and accurate service, the CARDHOLDER authorizes AUB to record (without AUB being necessarily obligated to do so) any and all telephone conversations with the CARDHOLDER, whether initiated by AUB or by the CARDHOLDER, including without limitation, the CARDHOLDER’s instructions, statements, complaints, inquiries and AUB’s advice and reminders in relation to the CARDHOLDER’s credit card account with AUB. AUB may use these recordings for any purpose in any proceeding. The CARDHOLDER further agrees to waive any right under The Anti-Wire Tapping Act (Republic Act No. 4200) or any amendments thereto, or any similar law or regulation. In consideration of AUB acting on the Instructions, the CARDHOLDER hereby irrevocably undertakes to indemnify AUB and to keep AUB indemnified against all losses, claims, actions, proceedings, demands, damages, costs and expenses that may be incurred or sustained by AUB of whatever nature and howsoever arising out of or in connection with the Instructions. This authorization and indemnity shall remain in full force and effect until AUB receives from the CARDHOLDER a written notice terminating the same save that such termination shall not release the CARDHOLDER from any liability under this authorization and indemnity in respect of any act performed in accordance with its terms prior to such termination.

13. GENERAL PROVISIONS.

1. 13.1. REVISION OF TERMS AND CONDITIONS. AUB may, at any time and for whatever reason it may deem proper, amend, revise or modify this Agreement, including the CARDHOLDER's Credit Limit and any such amendment shall bind the CARDHOLDER upon notice (personal, by publication or otherwise) or on the date of effectivity as specified in the notice, whichever is earlier, unless the CARDHOLDER objects thereto, by manifesting his/her intention to terminate his/her membership in writing and surrendering his/her CARD within fifteen (15) calendar days from notice of amendment. Failure to notify AUB of CARDHOLDER’s intention to terminate his/her membership shall be construed as acceptance by the CARDHOLDER of the amendments to this Agreement.

   
   

   13.2. SEPARABILITY CLAUSE. The enforceability and validity of this Agreement, shall not be affected by the unenforceability or invalidity, of any particular provision hereof because of restrictive laws, regulations, or judicial or administrative determinations obtained during any period hereof or for any other cause.

   
   

   13.3. NON-WAIVER OF RIGHTS. No failure or delay on the part of AUB in exercising any right or power hereunder shall operate as a waiver thereof nor shall any partial or single exercise of any such right or power preclude any other right or power thereunder. No waiver by AUB of any of its rights or powers under this Agreement shall be deemed to have been made unless expressed in writing and signed by its duly authorized representative(s).

   
   

   13.4. TRANSFER OF RIGHTS. The CARDHOLDER agrees that AUB may assign, discount or otherwise transfer part or all of its rights and/or obligations under any card transaction, including the assignment of receivables, together with any hold-out agreement and other accessory contracts, to affiliates or other parties without notice to the CARDHOLDER. In the event of such assignment, the CARDHOLDER hereby irrevocably agrees not to assert against the assignee set-off rights of any obligations, which may be owned by AUB to the CARDHOLDER.

   
   

   13.5. DOCUMENTARY REQUIREMENTS AND CARDHOLDER INFORMATION. Before issuance of the CARD or upon renewal or extension thereof or whenever required during the CARD’s effectivity, the CARDHOLDER agrees to submit income documents such as, but not limited to, payslips or Employer's Certificate of Compensation Payment/Tax Withheld (BIR Form 2316), or Income Tax Return (ITR) and financial statements (if engaged in business) and other relevant documents (collectively the "Income Documents"). Further, the CARDHOLDER agrees to provide his/her TIN upon request of AUB. The CARDHOLDER hereby irrevocably authorizes AUB to conduct random verification with his/her employer or the BIR to establish authenticity of the Income Documents. For this purpose, the CARDHOLDER authorizes his/her employer or the BIR to disclose any information relevant to said verification and to give copies of his/her Income Documents to AUB. CARDHOLDER likewise waives any rights of confidentiality on CARDHOLDER information in such Income Documents. AUB reserves the right to withhold information regarding the disapproval of any request/s on Credit Card Facility. The CARDHOLDER also authorizes AUB to conduct verification from time to time or as it may deem appropriate ascertain the CARDHOLDER’s credit standing or financial capability as well as to determine if all relevant information provided by the CARDHOLDER to AUB continue to be accurate. AUB may engage or contract consumer reporting, researching or similar agencies to obtain information concerning the CARDHOLDER’s credit or financial status.

   
   

   13.6. COMPLIANCE. The CARDHOLDER agrees to fully comply and abide by (i) the terms and conditions governing the use of the CARD, (ii) laws, statutes and regulations and BSP Circulars relevant to credit cards and credit accommodations and (iii) the provisions of Republic Act 8484 governing the use of the credit card and other access devices in commercial transactions.

14. RESTRICTIONS. The CARDHOLDER agrees not to use the CARD for the purchase of items/goods for importation into the Philippines of which is subject to the provisions of BSP Circular No. 1389, as amended, and all other circulars, laws, rules and regulations pertaining to importation. Moreover, the CARD shall be used for legitimate transactions or charges only; the CARD shall not be used for gambling or games of chance or for transactions whose cause, object or purpose is contrary to law, morals, good customs, public order or public policy (“Unacceptable Transactions”). AUB reserves the right to terminate or cancel CARD privileges should it find the CARD being used for or in connection with Unacceptable Transactions. Moreover, in the event that AUB determines that the CARD is being or has been used in connection with gambling or games of chance, other void transactions or Unacceptable Transactions, including use of the CARD to transmit or receive proceeds of gambling or games of chance, AUB reserves the right to take any legal action in connection with the CARD and/or the CARD transaction, including to return the proceeds to sender.

15. OTHER TERMS & CONDITIONS. The terms and conditions, reminders and other provisions contained in the CARD, electronic SOA, charge slips, Suretyship Agreements, CARD carrier, promo terms and conditions, card features and such other card documents, related instruments or documents are made integral parts hereof by reference and shall likewise be resorted to in instances where they are applicable. It is agreed that the terms and conditions herein, as well as the aforementioned terms and conditions, including reminders, rules and regulations promulgated by AUB from time to time (the "Other Terms and Conditions") shall govern the use of the CARD and the supplementary CARD(s) issued hereunder. Any alteration, amendment, exception, reservation or scribbling herein made by the CARDHOLDER or in the Other Terms and Conditions, not duly approved in accordance with AUB’s appropriate procedures, shall not be valid and binding upon AUB.

16. THE BINDING EFFECT. The CARDHOLDER’s activation or use of the CARD shall be deemed as his/her acceptance of and agreement to be bound by these terms and conditions and such amendments hereof as may be made by AUB from time to time. These terms and conditions shall bind the CARDHOLDER and his/her heirs, executors administrators, and successors and assigns.

CBG-00009-00
AUB Credit Cards GLD & PLT Terms and Conditions Sept 2015

DEFINITIONS: The following definitions shall apply to the terms used herein:

“AUB” – ASIA UNITED BANK, Credit Card Issuer

“CARD” – Credit Cards issued by ASIA UNITED BANK (AUB)

“CARDHOLDER” – The person to whom or for whose use a CARD is issued by AUB; the term shall likewise include the person to whom a supplementary credit card is issued upon the request of the principal CARDHOLDER. The provision on “Supplementary Cards” shall indicate the specific card type entitled to supplementary card/s.

“TERMS AND CONDITIONS” or “AGREEMENT” – These terms and conditions shall also be referred to as the “agreement” and shall include the CARDHOLDER’s application, the CARD, the Statement of Credit Card Fees and Charges, the terms and conditions governing the following: AUB e-mail statements and SMS Alerts Service, any and all amendments thereto, including the sales slip and/or other programs, forms and documents evidencing charges to the CARD, and such other rules, regulations, terms and conditions as AUB shall issue from time to time.

1. THE CARD AND THE USE OF THE CARD

The CARD. The CARD shall remain the property of AUB. AUB may, at its sole discretion, suspend, block, terminate or cancel the CARD privileges at any time for any reason, with or without prior notice to the CARDHOLDER. In these cases, the CARDHOLDER agrees to surrender his/her CARD upon demand to any authorized AUB representative. Moreover, all purchases, and charges become immediately due and demandable without need of notice or demand. The CARD shall be non-transferable and shall be properly signed and presented by the CARDHOLDER to any merchant. The CARD shall be used for personal purposes only.

1. 1.1. CARD APPLICATION. The request for the issuance of Cards may be done through various channels, such as but not limited to regular application form, on-line application through AUB website, and through the AUB Customer Service Hotline. CARDHOLDER agrees that as long as the CARD is active and unless AUB has confirmed on the receipt of a valid request to cancel or terminate it, the CARDHOLDER shall be responsible for all transactions processed by means of the CARD and CARDHOLDER’s account shall continue to incur fees even if the CARD has not been used.

   
   

   1.2. CARD DELIVERY. CARDHOLDER authorizes AUB or its official courier to deliver the CARD to the CARDHOLDER, or in his/her absence, to any member of the CARDHOLDER’s residence, to his/her workplace authorized representative or third party representative allowed by AUB under its existing delivery policy. CARDHOLDER agrees to hold AUB free and harmless from any claim, loss or liability whatsoever arising from the delivery of the CARD to authorized representatives.

   
   

   1.3. RESPONSIBILITY OF THE CARDHOLDER. CARDHOLDER shall be liable to AUB for the amounts charged to the CARD, including the interest and all non refundable fees and other charges, whether made in the Philippines or abroad. Any record of any amounts charged to the CARD stored in any medium, including sales slips, transaction audit trails, recorded confirmation, transaction journal, merchant settlement report, ATM receipts, debit tickets, electronic data, and any records obtained from any credit card association or any other party, system, database or network shall be conclusive and binding on the CARDHOLDER for all purposes whatsoever save for manifest error made known in writing to the BANK not later than twenty (20) days from Statement date in the AUB Electronic Statement of Account (Email SOA) or other similar statements. The CARDHOLDER acknowledges that in case of a dispute, the above records and the corresponding statements of account are valid proofs of all transactions/charges to the CARD. AUB may change the credit card number and/or expiry date when issuing a replacement card to the CARDHOLDER. The CARDHOLDER is solely responsible for communicating this change to any party with whom the CARDHOLDER may have payment arrangements. AUB shall not be responsible for any consequences arising from declined transactions, whether submitted under the old card number or otherwise. The CARDHOLDER shall safely keep the CARD and not use the CARD after its expiry date or upon its cancellation or suspension nor permit anyone to use the CARD for any reason whatsoever.

   
   

   1.4. CREDIT LIMIT. AUB has the sole discretion to determine the amount of credit limit, including any subsequent request for increase or decrease in credit limit, expressed in Philippine Peso. AUB reserves the right to withhold information regarding the disapproval of request for increase of credit limit. The credit limit shall be shared between and strictly observed by the Principal and Supplementary CARDHOLDER/s. The maximum allowable outstanding balance must not exceed the credit limit at any time. Any outstanding balance that exceeds the credit limit shall become immediately due and demandable without further notice or demand. AUB may increase or reduce the credit limit at any time without prior notice to the CARDHOLDER and for whatever reason, including but not limited to any reasonable ground for AUB to believe that the prospect of payment of the CARD obligation is or shall be impaired as shown by the default in any of CARDHOLDER’s obligations to any third party/ies or such other circumstances and conditions which materially and adversely affect the CARDHOLDER’s financial standing or ability perform obligations under these Terms and Conditions. Payments do not automatically adjust available credit limit as: (a) the posting of payments may occur, following receipt of payment, one (1) banking day for cash payments made over-the-counter at AUB branches, two (2) banking days for other AUB card payment centers and four (4) banking days for local clearing check payments, or; (b) there may be transactions posted after the last statement date.

   
   

   1.5. EXPIRATION, RENEWAL AND REINSTATEMENT. Unless earlier terminated by AUB, voluntarily cancelled or returned by the CARDHOLDER, the CARD shall be valid from the day of issuance or renewal and expires on the last day of the month indicated on the face of the CARD. Renewal of the CARD shall be at the option of AUB. AUB shall likewise have the option of reinstating CARDHOLDER’s privileges which have been terminated for any reason whatsoever.

   
   

   1.6. SUPPLEMENTARY CARDS. An AUB Classic CARDHOLDER may request for issuance of Supplementary CARD/s through various channels, such as but not limited to regular application form, on-line application through the AUB website, and through the AUB Customer Service Hotline. The issuance of the Supplementary CARD/s is subject to AUB's credit policies and guidelines. The use of Supplementary CARD/s shall be governed by this Agreement. Any reference to the CARD issued to Principal CARDHOLDER shall also apply to Supplementary CARD/s.

   
   

   1.7. LOSS OF CARD. In case of loss or theft of the CARD, CARDHOLDER should immediately report such fact to AUB by calling AUB Customer Service at (+632) 8-282-8888, or domestic toll free at 1-800-10-282-8888, or if abroad, by calling IAC+800-1-282-8000 or its toll free numbers in selected countries listed in AUB Website. Prior the receipt of such report, the CARDHOLDER expressly agrees to be held liable to AUB 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 CARDHOLDER is proved to be forged. Any unauthorized charges against lost/ stolen card prior to the receipt of such report shall be for the exclusive account of the CARDHOLDER. A reasonable fee shall be charged to CARDHOLDER to cover the replacement cost of a lost CARD. Should CARDHOLDER fail to report to AUB the loss of the CARD and to provide the required information as to the place, date, and last purchase made, AUB or its affiliated merchants shall be rendered free and harmless from any and all liabilities arising out of the CARD’s loss or theft.

   
   

   1.8. ACCREDITED ESTABLISHMENTS. AUB has contracted with establishments to honor the CARD for purchases of goods and services. Likewise, AUB has entered into an agreement with MasterCard where the CARD issued bearing the MasterCard label shall be honored at all MasterCard accredited establishments worldwide. However, AUB shall not be responsible/liable to the CARDHOLDER, if, for any reason(s), the CARD is not honored by the accredited establishments or MasterCard. The CARDHOLDER agrees to hold AUB, its directors, officers, employees and representatives free and harmless from any and all claims for damages resulting from the failure of any accredited establishment or MasterCard to honor the CARD. CARDHOLDER's liability to AUB is absolute. The existence of any claim or dispute between CARDHOLDER and any accredited establishment shall not affect CARDHOLDER’s obligation to pay the purchases, availments together with all interests, penalties, fees and other charges incurred thereon, if any, arising from the CARDHOLDER’s use of the CARD (the “Total Amount Due”). In cases of return of goods, tickets and services obtained through the use of the CARD where the merchant permits such return, the CARDHOLDER agrees that (i) the refund shall not be in cash; and (ii) AUB shall credit the CARDHOLDER’s account for the refund.

   
   

   1.9. INTERNET TRANSACTIONS. The CARDHOLDER is solely responsible for the security of his/her CARD at all times, especially in connection with the use of the CARD to purchase goods and/or services through online internet sites or portals. The CARDHOLDER agrees that the entry of his/her CARD information on the internet is sufficient proof that instructions were given for the use of the CARD, and that AUB is not required to verify the identity or the authority of the person entering the CARD information. However, AUB may choose not to carry out any transactions over the internet if it has any reason to doubt its authenticity or if in its opinion it is unlawful or otherwise improper to do so or for any other reason.

2. STATEMENT OF ACCOUNT (SOA). AUB shall send an Email Statement of Account (Email SOA) only containing the details and summary of all credit card transactions, fees and charges at the registered email address stated in the credit card application or at the Email address on record. The CARDHOLDER should maintain an active Email address to regularly receive his/her Email SOA. The Email SOA shall be conclusively presumed to have been received by the CARDHOLDER within three (3) banking days after the statement cut-off date without need of prior notice from AUB. On the other hand, CARDHOLDER should immediately notify AUB through telephone or in writing of his/her failure to receive his/her Email SOA. The said Email SOA shall likewise be conclusively presumed to be correct unless the CARDHOLDER notifies AUB through telephone or in writing of any error within twenty (20) days from the statement date. Notwithstanding anything to the contrary, non-receipt or late receipt of the Email SOA shall not relieve the CARDHOLDER of his/her obligations to pay amounts due to the Credit Card on Payment Due Date. AUB shall be notified immediately through the AUB Customer Service Hotline (+632) 8-282-8888 (Metro Manila) or 1-800-10-282-8888 (Domestic Toll-Free), and in writing of any billing error in the Email SOA. If the CARDHOLDER notifies AUB of an error in the Email SOA, the CARDHOLDER shall not be liable to pay the disputed amount while AUB is investigating, but the CARDHOLDER is liable to pay at least the Minimum Amount Due on or before the Payment Due Date. If after investigation, AUB acknowledges the error in the Email SOA, the CARDHOLDER is not liable to pay any Interest Charges related to the disputed amount only. Otherwise, the CARDHOLDER is liable to pay the disputed amount, as well as the corresponding Interest Charges due, and Dispute Fee/s due. The CARDHOLDER(s) recognize and admit the integrity of the Email SOA in an electronic form pursuant to the provisions of the Electronic Commerce Act and agree to pay the amount thereon on Payment Due Date without need for presentation of signed charge slips. The CARDHOLDER is held responsible for the confidentiality and hold AUB free and harmless from any unauthorized access or viewing of the provided Email SOA.

1. 2.1. PAYMENT DUE DATE. The Payment Due Date shall be the chosen Due Date/s by the CARDHOLDER from the pre-defined Payment Schedule during the application process. Payment Due Date as may occur on a monthly, semi-monthly or weekly schedule shall be the date when the Minimum Amount Due has to be paid. The Payment Due Date may be changed to an earlier date if the CARDHOLDER’s account is considered overdue and/or with balances in excess of the credit limit, or to such other date as may be deemed proper by AUB with notice to the CARDHOLDER on the same monthly/semi-monthly/weekly Email SOA. For monthly or semi-monthly payment cut-off, if the Payment Due Date falls on a Saturday, Sunday, or holiday, the banking day following the Payment Due Date in the Email SOA shall become the Payment Due Date. For weekly payment cut-off, if the CARDHOLDER chooses Saturdays or Sundays as his/her Payment Due Date, this becomes the day/s when the minimum amount due has to be paid.

   
   

   2.2. MINIMUM AMOUNT DUE. The CARDHOLDER shall nominate from the pre-defined amounts his/her Minimum Amount Due during the application process which he/she is liable to pay on or before the Payment Due Date as shown in the Email SOA given to the CARDHOLDER. The CARDHOLDER, however, shall have the option to pay the Total Amount Due, the Minimum Amount Due, or any amount in between the Total Amount Due and Minimum Amount Due. In any event, the CARDHOLDER must pay at least the Minimum Amount Due, which AUB must receive as cleared funds on or before the Payment Due Date. All payments made by the CARDHOLDER must be in the billing currency of the issued CARD.

   
   

   The Minimum Amount Due is the nominated amount by the CARDHOLDER or the sum of the following, whichever is higher:

   a) Any amount in excess of the approved credit limit;

   b) Fees and finance charge;

   c) A percentage of the Total Amount Due, less above-mentioned letters a to b.

   PLUS, Past due amount, if any.

   Should the Outstanding Balance be less than the Cardholder’s nominated Minimum Amount Due, it shall be considered as both the Total Amount Due and the Minimum Amount Due.

3. FEES AND CHARGES.

1. 3.1. MEMBERSHIP FEES. To be entitled to the CARD’s privileges and benefits, CARDHOLDER shall pay an annual membership fee as AUB may require. Upon written notice to the CARDHOLDER, AUB reserves the right to amend from time to time those privileges and benefits. All paid annual or monthly membership fees are non-refundable even if the credit privileges are suspended or terminated, or even if CARDHOLDER cancels or surrenders the CARD before its expiry date. The membership fees shall be charged to the CARD account of the CARDHOLDER.

   
   

   3.2. FINANCE CHARGES. If the CARHOLDER pays the Total Amount Due in full on or before the Payment Due Date, no Finance Charge shall be imposed. If the CARDHOLDER opts to pay the Minimum Amount Due or any amount less than the Total Amount Due, the CARDHOLDER shall be deemed as availing against his/her credit line and agrees to pay the Finance Charge and other charges, as provided by AUB, plus any applicable taxes and charges required by the government on such charges. The Finance Charge, at AUB’s prevailing rate, shall be computed using the average daily balance method upon the following: a) CARDHOLDER’s outstanding balance as reflected in the previous Statement of Account (SOA), plus all new transactions posted from the day after the previous statement up to the current SOA computed from the posting date until the current statement date, less b) Payments and credits posted during the current statement period, accruing from their posting dates to the end of the current statement period. Any amount unpaid as of the Payment Due Date shall be deemed payable on the next billing period unless the CARDHOLDER opts to re-avail of the credit line for the next billing period by paying an amount less than the Total Amount Due but not less than the Minimum Amount Due. Finance charge rates may change and shall be advised from time to time.

   
   

   3.3. LATE PAYMENT FEE. If the CARHOLDER fails to pay at least the Minimum Amount Due on or before the Payment Due Date, a Late Payment Fee shall be charged for every billing that the account is past due as follows: P500 for a monthly payment option, Php250 for a semi-monthly payment option, and Php125 for a weekly payment option. The Late Payment Fee shall be imposed on the credit card account and shall be reflected in the next period’s statement of account.

   
   

   3.4. SERVICE FEE ON FOREIGN CURRENCY TRANSACTIONS – All charges including those incurred abroad through the use of the CARD shall be billed and be payable in Philippine currency. Transactions made in foreign currencies shall be automatically converted to Philippine Peso using MasterCard’s selected foreign exchange rate. From the peso conversion, AUB shall add MasterCard’s Issuer Cross Border and Currency Conversion Assessment fees. A 1% service fee shall be charged by AUB and shall be added to the sum of the Peso Conversion and MasterCard fees. The additional fees shall be imposed at the sole and absolute discretion of AUB, and may be subject to change. Such billing currency amount represents the amount due to AUB for AUB’s purchase and payment on the CARDHOLDER’s behalf of the foreign currency necessary to discharge the amount/s due to MASTERCARD and/or the acquiring BANK and/or foreign merchant affiliate/s.

   
   

   3.5. RETRIEVAL FEE. A minimum fee may be charged for the retrieval of any charge slip or sales invoice copy. Unless otherwise provided, the amount of Php250 for each local sales slip and Php500 for each international sales slip shall be charged upon CARDHOLDER’s request for retrieval, for whatever reason. In addition to actual cost, the same amount shall be charged to the CARDHOLDER for each sales slip retrieved by AUB arising from an invalid dispute.

   
   

   3.6. CARD REPLACEMENT FEE. A card replacement fee of Php500 may be charged for every card replacement.

   
   

   3.7. COLLECTION FEE. Should the account be referred and/or subsequently reassigned to an agency/agent for collections, AUB shall inform the CARDHOLDER in writing prior to the actual endorsement in accordance with the procedures and requirements prescribed by relevant banking regulations to ensure proper handling of the CARDHOLDER's account. In case of default in payment, the CARDHOLDER is liable to pay, in addition to late payment fees and interest charges, the cost of collection and/or attorney's fees and the litigation and judicial expenses as applicable.

   
   

   3.8 STATEMENT OF ACCOUNT (SOA) PRINTING FEE. A printed copy of the SOA may be requested by the CARDHOLDER. A service charge of Php100 for the first three (3) pages and Php10 for each succeeding page shall be charged to the CARDHOLDER’s account for this request.

   
   

   3.9. OTHER FEES. AUB may charge other fees relating but not limited to processing of cash payments, use or maintenance of the CARD, additional features or privileges that may be added to the CARD, that may be imposed by AUB as may be required or warranted under the circumstances as determined by AUB, upon notice to the CARDHOLDER.

4. APPLICATION OF PAYMENT. Payment to the CARD account shall be applied in the following order: (a) Retail Interest Charge Billed (b) Retail Service Charge Billed and Replacement Card Fee Billed and Annual Membership Fee Billed (c) Retail Transactions Billed (including utility enrollments) (d) Retail Transactions Unbilled.

5. DEFAULT. At the sole discretion of AUB, CARDHOLDER shall be considered in default, irrespective of the reasons for its occurrences and regardless of whether it is voluntary or involuntary, when any of the following occurs:

1. a) CARDHOLDER fails to pay on Payment Due Date any amount payable under these Terms and Conditions;

   
   

   b) CARDHOLDER’s Total Amount Due exceeds the assigned Credit Limit;

   
   

   c) False information is provided in the CARD application form or information required in the CARD application is not disclosed.

   
   

   d) AUB receives any legal process against a substantial portion of the property, income, and assets of CARDHOLDER;

   
   

   e) CARDHOLDER is suspended or separated from employment or his/her business operations are suspended or closed;

   
   

   f) CARDHOLDER is charged with, convicted or is under investigation by a competent government authority for violation of Republic Act. No. 8484 (Access Devices Regulation Act of 1998) or the Revised Penal Code (RPC) of the Philippines or any other penal laws or regulations; or when AUB finds prima facie evidence to charge CARDHOLDER with a violation of any of the provisions of the said laws or regulations;

   
   

   g) CARDHOLDER fails to pay any other due and owed to AUB or its Related companies or both, or else fails to fulfill any other undertakings or obligations to AUB or other related Companies, or both;

   
   

   h) CARDHOLDER dies or becomes legally incapacitated or insolvent;

   
   

   i) An event or circumstance transpires that in AUB’s reasonable opinion, shall adversely affect the CARDHOLDER’s performance or payment of obligations under these Terms & Conditions.

6. SUSPENSION OR TERMINATION OF THE CARD ACCOUNT.

1. 6.1. CARD BLOCKING. The CARDHOLDER acknowledges that AUB may, at any time and without need of prior notice, block to prevent the use of the CARD for whatever reason, including but not limited to (a) possible fraud, (b) if AUB detects any unusual, questionable or suspicious transaction/s on the CARD Account or (c) the CARHOLDER is in default as provided under these Terms and Conditions.

   
   

   6.2. CARD SUSPENSION. The CARDHOLDER acknowledges AUB's right to suspend the CARD Account, without notice and for whatever reason, including but not limited to the failure to pay at least Minimum Payment Due on Payment Due Date. The suspended CARD Account may, at the option of AUB, be reinstated once CARDHOLDER makes payment sufficient for the CARD Account to be active and in order.

   
   

   6.3. CARD CANCELLATION. AUB has the right to cancel and terminate the CARD Account, without notice and for whatever reason, including but not limited to events of default. CARDHOLDER may terminate this Agreement and cancel CARD Account by giving AUB written notice or by calling the AUB Customer Service Hotline. The cancellation is effective upon confirmation by AUB of receipt of the cancellation of CARD Account. CARDHOLDER shall still be responsible for all transactions made, including fees and charges imposed before the confirmation of the CARD Account cancellation.

   
   

   6.4 CLOSED CARD ACCOUNT. In case of termination of the CARD or this Agreement, the entire outstanding obligation in the CARD (regardless of whether or not the transactions made have been posted to the CARD), including all fees and charges, shall become immediately due and payable without demand or notice. AUB shall be entitled to continue charging FINANCE CHARGES until the CARD obligations are settled. In case there are credit balances remaining after the CARD is closed, CARDHOLDER shall make appropriate arrangement with AUB and collect the remaining credit balance within three (3) months from the date when the CARD Account is closed.

   
   

   6.5. TERMINATION BY CARDHOLDER. Termination shall be processed only upon notification by the CARDHOLDER through telephone, facsimile or other means of communication of his/her intention to terminate his/her membership and the full settlement of his/her credit card account including all enrolled bills. The CARDHOLDER is duty bound to cancel all his/her enrolled bills with the corresponding merchants.

7. SOLIDARY LIABILITY. The CARDHOLDER shall provide upon request an acceptable CO-OBLIGOR. The CO-OBLIGOR shall be jointly and severally liable with the CARDHOLDER and his/her SUPPLEMENTARY CARDHOLDERs to pay AUB all obligations and charges made through the use of the CARD.

8. SURETY. The CARDHOLDER’s spouse who is a supplementary CARDHOLDER shall automatically become a surety who shall be jointly and severally liable with the CARDHOLDER herein and in all renewals hereof. Notwithstanding the foregoing and at AUB’s request, the CARDHOLDER shall furnish surety(ies) acceptable to AUB who shall be jointly and severally liable with the CARDHOLDER and/or the CARDHOLDER’s supplementary to pay AUB all the obligations and charges herein and in all renewals hereof, incurred through the CARD and the supplementary CARD(s).

9. RIGHT OF SET OFF. In case the CARDHOLDER is in default, AUB shall have the right, to set-off or apply to the payment of CARD obligations any funds which the CARDHOLDER may have deposited with AUB, or which AUB may have in its possession or control, including all or any interests or other income which may accrue thereon, and including but not limited to savings, checking, time deposit accounts and/or long-term investments, which AUB is authorized to pre-terminate accordingly, to convert into Philippine Peso if denominated in foreign currency at the prevailing exchange rate at the time of set-off or pre-termination, it being understood that all taxes, expenses and charges arising from the pre-termination shall be shouldered by the CARDHOLDER. CARDHOLDER hereby authorizes AUB, by way of legal compensation or set-off, to withhold all properties or securities that are now or may hereinafter come into the possession and/or control of AUB, and apply the same at its option, to the payment of CARD obligations. CARDHOLDER hereby irrevocably constitute and appoint AUB as his or her attorney-in-fact with full power, in his or her name and behalf but without necessity of prior notice, to negotiate, sell, transfer, or in any manner dispose of such stocks, bonds, or other property by public or private sale, including any and all interests or other income which may accrue thereon, and thereafter apply the proceeds of such sale or disposition in payment of any and all amounts due under the CARD Account.

10. LIMITATION OF LIABILITY. In any action arising from this Agreement or incidental thereto, which the CARDHOLDER or any party on his/her behalf may file against AUB, AUB’s liability shall not exceed the amount of One Thousand Pesos (P1,000.00) or the actual damages proven, whichever is lower. The CARDHOLDER shall hold AUB harmless from suit and free from damages for any loss, damage or injury that the former may incur or sustain by reason of, or arising from any credit card feature, service or facility provided or rendered by a third party engaged by AUB to provide such feature or render such service or facility.

11. WAIVER AND CONSENT TO DISCLOSURE. The CARDHOLDER hereby agrees, consents, permits and authorizes AUB to process, store, update, access, share and/or make disclosures, of all information, whether personal/sensitive/privileged information or otherwise, relating to his/her accounts and credit standing to: (i) third persons and entities to facilitate administration and implementation of the accounts, BANK products, services, facilities and channels; or (ii) AUB's local branches, its parent company, its subsidiaries and affiliates or such other related companies, whether organized in the Philippines or in other jurisdictions, to assist AUB in the collection, recording, organization, storage, updating or modification, retrieval, consultation, use, consolidation, blocking, erasure, destruction of data, administration, sharing, implementation and servicing of the accounts, AUB products, services, facilities and channels; or (iii) government regulatory agencies, credit information/investigation companies, financial institutions, credit bureaus, other BANKs, other credit card companies, loyalty program partners, consumer reporting or reference agencies, whether based in the Philippines or other jurisdictions, for reports of CARDHOLDER's credit history and account updates including but not limited to past due on litigation status of accounts, full payments, or settlement of previously reported defaulting accounts; or (iv) third parties engaged by AUB or by its parent company, its subsidiaries or affiliates, or such other related companies under a duty of confidentiality to offer selected products and services which may interest the CARDHOLDER unless he/she specifically instruct otherwise in writing; or (v) service providers or entities to assist in the administration and implementation of the accounts, AUB products, services, facilities and channels; or (vi) insurers, insurance brokers or providers of deposit or credit protection or protection against all kinds of risks against loss or damage including but not limited to fraud or unauthorized charges; or (vii) such bodies/agencies having regulatory authority over AUB, or having regulatory authority or jurisdiction where his/her payments or checks, deposits, withdrawals or fund transfers pass/ are cleared/ transmitted or delivered; or (viii) such other persons or entities AUB may deem as having authority or right to such disclosure of information, as and when required by the circumstances, as in the case of: (a) AUB’s participation in any ATM network, electronic fund and/or credit card network; or (b) resulting from the BANK’s outsourcing of its functions, such as but not limited to, compliance with Know Your Client ("KYC") requirements, signature verification, distribution of card application, card creation, card release and printing/processing of card statements. As such, CARDHOLDER expressly waives his/her right under confidentiality laws in the Philippines or in other jurisdictions including but not limited to RA 1405 or The Law on Secrecy of BANK Deposits, RA 6426 or The Foreign Currency Deposit Act and RA 8791 or The General Banking Law, and CARDHOLDER likewise expressly waives and consents to allow AUB to process, store, update, access, share and/or disclose any personal/sensitive/privileged information that may be required for the purposes and to the entities enumerated above relative to the accounts as well as AUB products, services, facilities and channels which are activated, enrolled in or availed of by the CARDHOLDER.

12. COMMUNICATION. The CARDHOLDER undertakes to notify AUB, through its Customer Service at 8-282-8888 or by writing AUB (E-mail Address: creditcards@aub.com.ph), of any additional means of communicating to him/her aside from what is disclosed in the credit card application, as well as any change in the CARDHOLDER’s home, office or billing address, e-mail and telephone number. In case the CARDHOLDER is not accessible through his/her given addresses or contact details, AUB has the option to use other addresses or contact details that it may subsequently obtain. Notwithstanding this provision, the CARDHOLDER agrees that any communication sent to the designated billing address shall be considered as received by the CARDHOLDER within ten (10) calendar days after mailing. The CARDHOLDER shall notify AUB in writing of any change in the CARDHOLDER’s civil status.

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   12.1. NEW PROGRAMS, PRODUCTS AND SERVICES. On occasion, AUB may inform the CARDHOLDER about its promotional offers through mail/email/fax/SMS/website or by telephone. AUB may also allow its branches, subsidiaries, affiliates, agents and representatives and third parties selected by any of them and certain companies to offer specially selected products and services to the CARDHOLDER through mail/email/fax/SMS/website or by telephone. For this purpose, AUB may transfer and disclose selected customer information to its branches, subsidiaries, affiliates, agents and representatives and third parties selected by any of them and certain companies. Conformity to these Terms & Conditions shall constitute the CARDHOLDER’s written consent for any transfer and disclosure of information of the CARDHOLDER’s name, address, contact details and other relevant information to AUB’s branches, subsidiaries, affiliates, agents and representatives and third parties selected by any of them and certain companies for the purposes indicated above and under applicable laws and regulations.

   
   

   12.2. SMS AND EMAIL. The CARDHOLDER hereby agrees that AUB may send or communicate through e-mail, text messages or through the CARDHOLDER’s declared SMS-enabled cellular phone for specific, or email and timely prompts, reminder and notices from time to time concerning account information, internet security, and other matters relating to the Credit Card. The CARDHOLDER hereby acknowledges and accepts that each SMS or email may be sent to the CARDHOLDER without being encrypted and may include the CARDHOLDER’s name and information pertaining to the CARDHOLDER’s Credit Card Account. It is the CARDHOLDER’s responsibility to ensure the security of his/her mobile phone and email and the CARDHOLDER hereby holds AUB free and harmless against any and all liability, administrative, civil, or criminal, including but not limited to, those relating to any secrecy laws or regulations (if any), should any SMS or email be viewed or accessed by any persons other than the CARDHOLDER. The CARDHOLDER agrees that AUB does not guarantee the timely delivery or accuracy of any SMS or email, which are purely for convenience, information and notification purposes only. The CARDHOLDER shall be fully responsible to monitor the due performance and compliance of his/her obligations.

   
   

   12.3. AUTHORIZATION AND INDEMNITY FOR TELEPHONE, TELEX, FACSIMILE INSTRUCTIONS. The CARDHOLDER acknowledges that the sending of information or instructions through telephone, mobile phone text messages, telex, facsimile, e-mail or other electronic means is not fully secure and may be intercepted by third parties. The CARDHOLDER authorizes AUB to rely upon and act in accordance with any notice, information, instruction or other communication which may from time to time be, or purport to be, given by the CARDHOLDER or in the CARDHOLDER’s behalf via telephone, mobile phone text messages, telex, facsimile, e-mail, or other electronic means (the “Instructions”), which AUB believes, in good faith, to have been made by the CARDHOLDER or upon his/her instructions or for his/her benefit. AUB shall not be liable for any loss or damage that the CARDHOLDER may suffer as a result of AUB’s reliance, action, or refusal to act upon the Instructions. AUB shall be entitled to treat the Instructions as fully authorized by and binding upon the CARDHOLDER, and AUB shall be entitled to take such steps in connection with or on reliance upon the Instructions as AUB may consider appropriate, whether the Instructions include instructions to pay money or otherwise to debit or credit any account, or relate to the disposition of any money, securities or documents, or sending of information through mobile phone text messages, telex, facsimile, e-mail, or other electronic means. In order for AUB to render prompt and accurate service, the CARDHOLDER authorizes AUB to record (without AUB being necessarily obligated to do so) any and all telephone conversations with the CARDHOLDER, whether initiated by AUB or by the CARDHOLDER, including without limitation, the CARDHOLDER’s instructions, statements, complaints, inquiries and AUB’s advice and reminders in relation to the CARDHOLDER’s credit card account with AUB. AUB may use these recordings for any purpose in any proceeding. The CARDHOLDER further agrees to waive any right under The Anti-Wire Tapping Act (Republic Act No. 4200) or any amendments thereto, or any similar law or regulation. In consideration of AUB acting on the Instructions, the CARDHOLDER hereby irrevocably undertakes to indemnify AUB and to keep AUB indemnified against all losses, claims, actions, proceedings, demands, damages, costs and expenses that may be incurred or sustained by AUB of whatever nature and howsoever arising out of or in connection with the Instructions. This authorization and indemnity shall remain in full force and effect until AUB receives from the CARDHOLDER a written notice terminating the same save that such termination shall not release the CARDHOLDER from any liability under this authorization and indemnity in respect of any act performed in accordance with its terms prior to such termination.

13. GENERAL PROVISIONS.

1. 13.1. REVISION OF TERMS AND CONDITIONS. AUB may, at any time and for whatever reason it may deem proper, amend, revise or modify this Agreement, including the CARDHOLDER's Credit Limit and any such amendment shall bind the CARDHOLDER upon notice (personal, by publication or otherwise) or on the date of effectivity as specified in the notice, whichever is earlier, unless the CARDHOLDER objects thereto, by manifesting his/her intention to terminate his/her membership in writing and surrendering his/her CARD within fifteen (15) calendar days from notice of amendment. Failure to notify AUB of CARDHOLDER’s intention to terminate his/her membership shall be construed as acceptance by the CARDHOLDER of the amendments to this Agreement.

   
   

   13.2. SEPARABILITY CLAUSE. The enforceability and validity of this Agreement, shall not be affected by the unenforceability or invalidity, of any particular provision hereof because of restrictive laws, regulations, or judicial or administrative determinations obtained during any period hereof or for any other cause.

   
   

   13.3. NON-WAIVER OF RIGHTS. No failure or delay on the part of AUB in exercising any right or power hereunder shall operate as a waiver thereof nor shall any partial or single exercise of any such right or power preclude any other right or power thereunder. No waiver by AUB of any of its rights or powers under this Agreement shall be deemed to have been made unless expressed in writing and signed by its duly authorized representative(s).

   
   

   13.4. TRANSFER OF RIGHTS. The CARDHOLDER agrees that AUB may assign, discount or otherwise transfer part or all of its rights and/or obligations under any card transaction, including the assignment of receivables, together with any hold-out agreement and other accessory contracts, to affiliates or other parties without notice to the CARDHOLDER. In the event of such assignment, the CARDHOLDER hereby irrevocably agrees not to assert against the assignee set-off rights of any obligations, which may be owned by AUB to the CARDHOLDER.

   
   

   13.5. DOCUMENTARY REQUIREMENTS AND CARDHOLDER INFORMATION. Before issuance of the CARD or upon renewal or extension thereof or whenever required during the CARD’s effectivity, the CARDHOLDER agrees to submit income documents such as, but not limited to, payslips or Employer's Certificate of Compensation Payment/Tax Withheld (BIR Form 2316), or Income Tax Return (ITR) and financial statements (if engaged in business) and other relevant documents (collectively the "Income Documents"). Further, the CARDHOLDER agrees to provide his/her TIN upon request of AUB. The CARDHOLDER hereby irrevocably authorizes AUB to conduct random verification with his/her employer or the BIR to establish authenticity of the Income Documents. For this purpose, the CARDHOLDER authorizes his/her employer or the BIR to disclose any information relevant to said verification and to give copies of his/her Income Documents to AUB. CARDHOLDER likewise waives any rights of confidentiality on CARDHOLDER information in such Income Documents. AUB reserves the right to withhold information regarding the disapproval of any request/s on Credit Card Facility. The CARDHOLDER also authorizes AUB to conduct verification from time to time or as it may deem appropriate to ascertain the CARDHOLDER’s credit standing or financial capability as well as to determine if all relevant information provided by the CARDHOLDER to AUB continue to be accurate. AUB may engage or contract consumer reporting, researching or similar agencies to obtain information concerning the CARDHOLDER’s credit or financial status.

   
   

   13.6. COMPLIANCE. The CARDHOLDER agrees to fully comply and abide by (i) the terms and conditions governing the use of the CARD, (ii) laws, statutes and regulations and BSP Circulars relevant to credit cards and credit accommodations and (iii) the provisions of Republic Act 8484 governing the use of the credit card and other access devices in commercial transactions.

14. RESTRICTIONS. The CARDHOLDER agrees not to use the CARD for the purchase of items/goods for importation into the Philippines of which is subject to the provisions of BSP Circular No. 1389, as amended, and all other circulars, laws, rules and regulations pertaining to importation. Moreover, the CARD shall be used for legitimate transactions or charges only; the CARD shall not be used for gambling or games of chance or for transactions whose cause, object or purpose is contrary to law, morals, good customs, public order or public policy (“Unacceptable Transactions”). AUB reserves the right to terminate or cancel CARD privileges should it find the CARD being used for or in connection with Unacceptable Transactions. Moreover, in the event that AUB determines that the CARD is being or has been used in connection with gambling or games of chance, other void transactions or Unacceptable Transactions, including use of the CARD to transmit or receive proceeds of gambling or games of chance, AUB reserves the right to take any legal action in connection with the CARD and/or the CARD transaction, including to return the proceeds to the sender.

15. OTHER TERMS & CONDITIONS. The terms and conditions, reminders and other provisions contained in the CARD, electronic SOA, charge slips, Suretyship Agreements, CARD carrier, promo terms and conditions, card features and such other card documents, related instruments or documents are made integral parts hereof by reference and shall likewise be resorted to in instances where they are applicable. It is agreed that the terms and conditions herein, as well as the aforementioned terms and conditions, including reminders, rules and regulations promulgated by AUB from time to time (the "Other Terms and Conditions") shall govern the use of the CARD and the supplementary CARD(s) issued hereunder. Any alteration, amendment, exception, reservation or scribbling herein made by the CARDHOLDER or in the Other Terms and Conditions, not duly approved in accordance with AUB’s appropriate procedures, shall not be valid and binding upon AUB.

16. THE BINDING EFFECT. The CARDHOLDER’s activation or use of the CARD shall be deemed as his/her acceptance of and agreement to be bound by these terms and conditions and such amendments hereof as may be made by AUB from time to time. These terms and conditions shall bind the CARDHOLDER and his/her heirs, executors and administrators, and successors and assigns.

CBG-00008-00
AUB Credit Cards ESY CLC Terms & Conditions Sept 2015