BPI E-Pay Terms of Service (TOS)
This Terms of Service form a legal agreement between the Accountholder and Bank of the Philippine Islands (“BPI”) which shall govern use of the E-Pay Card and its Services.
By entering into this Terms of Service, the Accountholder represents that he/she is at least 10 years old.
I. Definition of Terms
- “Accountholder” shall refer to person who have purchased or received BPI ePay and/or are authorized to use BPI ePay as provided for in this Agreement.
- “BPI E-Pay” or “BPI ePay website” shall mean bpiepay.com
- “E-Pay Card” or “Card” or “Virtual Card” shall refer to BPI ePay Prepaid Card affiliated with MasterCard.
- “E-Pay Wallet” or “BPI E-Pay Wallet” or “Wallet” shall refer to the virtual Wallet accessed through BPI E-Pay that can be used to shop online using a virtual prepaid cards
- “Merchant” refers to a MasterCard or Visa accredited entity or establishment that accepts MasterCard or Visa issued cards for online payment for the sale of goods and/or services.
- “Purchase” refers to the purchase of goods and/or services that result in the debiting or charging of the Purchase Amount to the Stored Value on the BPI ePay Prepaid Card and the crediting of funds to a Merchant.
- “Purchase Amount” refers to the total monetary value (in Philippine Peso or its equivalent) of a Purchase including any related fees, taxes, or charges, as applicable.
- “Stored Value” refers to the electronic equivalent of the value of funds loaded to the BPI ePay Card less any outstanding Purchase Amount, service fees and other charges.
- “Transaction History” shall refer to record of all transactions such as but not limited to top-up, purchases and transfers.
II. The BPI ePay Service
- Registration – Accountholder must register with at www.bpiepay.com. To register, the Accountholder must provide personal information such as, but not limited to, complete name, address, date of birth, identification number, and other identification documents as required by law to verify the identity of each person who avails the Wallet. Accountholder must have a valid email address, a Philippine address and mobile telephone number. BPI may require the Accountholder to provide additional information as a condition of the continued use of the Wallet and related services, or to assist in determining whether to permit the Accountholder to continue using the Wallet and related services. BPI, at its sole and absolute discretion, may refuse to approve, or may terminate existing registrations, with or without cause or notice, other than any notice required by any applicable law which may not be waived herein. BPI will not be responsible for any loss or misdirection of funds caused by any incorrect or inaccurate information provided by the Accountholder registering for the Wallet.
- Card loading – Cards are issued subject to a maximum amount that can be loaded per loading transaction and a maximum total value in the Wallet and the Card at any given time. Loading the Wallet with value can be done through fund transfer from an existing BPI deposit account, or through such other means accepted by BPI. The actual time of crediting the reload will depend on what channel was used. Some channels may also require pre-enrollment or encoding of passwords, security numbers or codes before loading can be done. Only cash and its equivalent (e.g. fund transfer from a deposit account) shall be accepted for loading value into the Wallet provided that no checks shall be accepted for loading value into the Wallet. BPI reserves the right, without notice and without liability, to decline any loading that will exceed the aforementioned aggregate load limit. Accountholder may check the balance of the Wallet through various methods, details of which may be found at www.bpiepay.com.
- Purchase – The Card shall be used as means of payment for the purchase of goods and services from online Merchants. The Accountholder understands that BPI is providing the Wallet/Card to facilitate the Purchase only and that it is not a party to the sale transaction. BPI does not make any representation or warranty, whether express or implied, with respect to the goods and/or services subject of the Purchase, or to the ability of the Merchant to deliver the goods and/or services. In this connection, any question, problem or issue relating to the goods and/or services is between the Accountholder and the Merchant directly.
- Merchants – BPI shall not be responsible or liable to the Accountholder if, for any reason, the Card is not honored by the Merchant. The Accountholder agrees to hold BPI, its directors, officers, employees and representatives free and harmless from any and all claims for damages resulting from the failure or refusal of any Merchant to honor the Card. Accountholder should always have an alternative payment method and not solely rely on the Card to process payment of goods and/services purchased.
- Not Deposits – The Wallet and the Card are not deposit accounts and the Stored Value is not insured by the Philippine Deposit Insurance Corporation (PDIC). The Card remains to be a property of BPI. Use of Card is at all times subject to this Terms of Service.
III. Responsibilities of the Accountholder
- The Accountholder fully understands the Terms of Service and no undue influence, pressure or coercion has been exerted in agreeing to this Terms of Service;
- The Accountholder shall maintain a valid email address and mobile number for as long as he/she is using the Wallet;
- The Accountholder shall be responsible in maintaining the confidentiality of the applicable username and password and any and all consequences of use or misuse of the username and password;
- The Accountholder shall at all times safeguard the Wallet/Card as though it was cash and shall be fully responsible for the stored value loaded on the Wallet/Card;
- The Accountholder shall only use the Wallet and the Card in accordance with this Terms of Service.;
- The Accountholder shall not use the Wallet/Card for any fraudulent, illegal or unlawful purposes;
- The Accountholder shall be personally liable and responsible for the use of the Wallet, including without limitation, accessing sites accessible by providing the Wallet number and Security Code, and for the use of all other third party sites;
- The Accountholder shall be completely responsible for all financial and other transactions performed with the Wallet/Card, and for any loss suffered as a result of failure to comply with all the terms in these Terms of Service.
IV. Expiry and Renewal of the Card – Unless earlier terminated by BPI in accordance with this Terms of Service or voluntarily cancelled, the Card shall be valid up to the last day of the month indicated on the face of the Card (the “expiry date”). Suspension or termination of the Card will not affect Accountholder’s responsibilities and obligations under this Terms of Service arising before and after such suspension or termination and Accountholder remains liable for all purchases and any other obligations incurred. Only the Accountholder may request for the renewal of the Card, which should be accomplished within One Hundred Twenty (120) days from Card expiry date thru: (i) Express Phone (89-100), subject to Positive Identification (PID) or (ii) email. The Accountholder must accomplish all requirements set by BPI at the time of request for renewal. BPI has the right whether to approve or deny the renewal request. The Accountholder agrees that if no request for renewal is submitted/called in to BPI, and the Wallet has a remaining value, a monthly maintenance fee* shall be charged to the Card beginning on the One Hundred Twenty First (121st) day from Card’s expiry date.
Hanggat ang Card ay napawalang bisa ng BPI batay sa panuntunan ng produktong ito, o ang Accountholder ang kusang humiling na ipawalang-bisa ang Card, ang Card ay may bisa simula sa araw ng pagka-issue hanggang sa huling araw ng buwan at taon na nakasulat sa harap ng Card. Ang pagkawalang bisa o terminasyon ng Card ay hindi makakaapekto sa responsibilidad at obligasyon ng Accountholder sa ilalim ng panuntunan ng produktong ito bago o pagkalipas mapawalang bisa o terminasyon at ang Accountholder ay mananatiling may pananagutan sa lahat ng transaksyon at iba pang obligasyon sa paggamit ng Card. Ang Accountholder lamang ang maaaring humiling ng renewal ng Card sa loob ng 120 araw simula sa pagka expire ng Card sa (i) Express Phone (89-100), na mayroon g Positive Identification (PID) o (ii) email. Ang Accountholder ay kinakailangang makapagbigay ng kompletong requirements para maproseso ang renewal ng Card. Ang BPI ay may karapatang payagan o tanggihan ang renewal request. Ang Accountholder ay sumasangayon na kapag walang natanggap na renewal request at ang Wallet ay may natitira pang balance, magkakaron ng monthly maintenance fee na ibabawas sa balance ng Card simula sa ika-121st day ng nag expire ang Card.
V. Suspension or Termination by BPI – BPI may, in its sole and absolute discretion (without liability to the Accountholder or any third party), suspend or terminate the use by the Accountholder of the Wallet for any reason including, but not limited to, violation of this Terms of Service or any policy or rules that BPI may establish from time to time. Upon termination, BPI may deactivate the username and password of the Accountholder to prevent further access to the Service.
Suspension or termination of the Wallet will not affect Accountholder’s responsibilities and obligations under this Terms of Service arising before and after such suspension or termination and Accountholder remains liable for all purchases and any other obligations incurred.
VI. Card Inactivity and Expiry Fees – A Card not used for One Hundred Twenty (120) continuous days shall be automatically placed in inactive status. BPI may, at its option, impose a reasonable inactivity fee* for any Card that has been in inactive status, to be deducted from the stored value of the Card, at the end of each month. Once the value of the inactive Card becomes zero, it shall be automatically closed. Similarly, a Card with remaining value not claimed within One Hundred Twenty (120) days after its expiry date, shall be assessed a monthly maintenance fee* to be computed starting on the One Hundred Twenty First day (121st) after the expiry date and automatically deducted from the Card balance. Should the Card balance become zero as a result of the fees deducted, the Card shall likewise be closed. BPI reserves the right to impose additional fees as may be necessary in providing this service. It is hereby understood that redemption of balances from expired Cards shall be net of all applicable fees.
Kung ang Card ay hindi nagamit sa loob ng Isang Daan at Dalawampung (120) sunod-sunod na araw mula sa pagka-issue o huling transaksyong gamit ito, ang Card ay agad-agad malalagay sa inactive status. Maaaring maningil ang BPI ng inactivity fee* sa katapusan ng bawat buwan. Sa oras na maubos ang balanse ng Card, ito ay kaagarang isasara. Anumang Card na may nalalabing balanse matapos ang Isang Daan at Dalawampung (120) araw pagkaraan ng expiry date ay maaaring mapatawan ng maintenance fee* kada buwan na sisingilin mula sa unang araw matapos ang Isang Daan at Dalawampung (120) araw. Ito ay agarang mababawas sa balanse ng Card. Anumang balanse na matitira matapos mabawasan ng service maintenance fee* ay ang halagang maaaring makuha ng Accountholder. Sa oras na maubos ang balanse ng Card ng service maintenance fee*, ang Card ay kaagarang isasara. Ang BPI ay may karapatan magpataw ng anumang fees para sa serbisyong ito.
VI. Transaction History – Accountholder may access at www.bpiepay.com and view the Transaction History. Accountholder acknowledge and agree that BPI is not under any obligation whatsoever to issue separately a monthly statement detailing the transactions done by Accountholder through the BPI ePay website.
VII. Compromise of BPI ePay Wallet – The security and proper care of BPI ePay Wallet, as well as the confidentiality of the User ID and Password, shall be the sole responsibility of the Accountholder. Accountholder shall be relieved from any financial exposure resulting from fraudulent or unauthorized use of the Wallet and related services from the time the report of compromise of Wallet is received by BPI from the Accountholder. Prior to the receipt of such report, Accountholder expressly agree to be liable to BPI for any and all transactions, purchases, and charges made or incurred from the use of the compromised BPI ePay Wallet. Should Accountholder fail to immediately report to BPI the compromised Wallet upon discovery, BPI and its affiliated merchants shall be rendered free and harmless from any and all liabilities arising from the compromised Wallet. In reporting a compromise Wallet, accountholder will be required to provide his name, address, card number, identification document and other details for identification purposes. Accountholder agree to provide BPI all information and assistance reasonably requested in order to make a timely and complete investigation of the compromise, and BPI reserves the right to investigate the compromise. If the Wallet is compromised, BPI may issue to the Accountholder a new Wallet account with a value equal to the available funds on the compromised Wallet at the time Accountholder notified BPI of the compromise, at BPI’s sole discretion.
VIII. Disputes and Erroneous Transactions – The details in the SMS/email confirmation message after every transaction and/or the entries in the Transaction History are presumed true and correct unless Accountholder notify BPI in writing of any dispute thereon within twenty-four (24) hours from the time of transaction. If no dispute is reported within the said period, all transactions and the entries in the Transaction History are considered conclusively true and correct. Disputed transactions shall only be credited back to Wallet once the claim/dispute has been properly processed, investigated, and there has been a clear finding that Accountholder is entitled to the credit.
IX.Service Fees and Other Charges – BPI reserves the right to impose service fees on the Accountholder for any activities related to the availment of the Wallet and/or Card. The Accountholder agrees to pay such service fees presently imposed or may in the future be imposed by BPI at its option. The amount of such fees may be revised from time to time as necessary. The Accountholder may be notified of the new or revised charges or fees thru any of the following: (I) www.bpiepay.com (ii) other communication channels or facilities available to BPI.
If the Card transaction is made in a foreign currency, BPI shall convert the foreign currency transaction amount into Philippine Peso. Unless a particular rate is required by applicable law, Accountholder authorizes BPI to choose a conversion rate. This conversion rate may differ from rates in effect on the day of Accountholder transactions.
Karapatan ng BPI na magpataw ng kaukulang service fees sa mga Accountholder kaugnay sa pagkuha at paggamit ng Card. Ang Accountholder oy sumasangayon na magbayad ng kaukulang service fee na kasalukuyang ipinapataw o maaaring ipataw sa hinaharap. Ang BPI ay maaaring magsagawa ng pagbabago sa halaga ng service fee anumang oras na kailanganin. Ang Accountholder ay mapagbibigyang alam sa pamamagitan ng:( i) www.bpiepay.com (ii) iba pang sangay ng BPI
Kung ang Card ay ginamit sa transaksyon gamit ay pananalapi na ibang bansa, papalitan ito ng BPI sa Philippine Peso. Ang BPI ay may karapating pumili ng conversion rate na gagamitin, kung walang natatanging conversion rate na kinakailangang gamitin ayon sa batas. Ang conversion rate ay maaaring magiba mula sa araw ng transaksyon.
X. Prohibitions – Accountholder agree not to use Wallet/Card for purchase of items or goods for which the importation into their residence country is disallowed under applicable laws. Accountholder confirm that he shall not use Wallet/Card and related services to conduct transactions in connection with any prohibited activities under applicable laws. BPI may limit the number of Accountholder purchases that may be approved in one day. If BPI detects any unusual or suspicious activity on the use of Wallet/Card, it may require the Accountholder to contact BPI or temporarily suspend Accountholder privileges until BPI can verify the activity.
XI. Disclaimer of Warranties – Except as set out in this Terms of Service, all warranties, conditions and other terms, implied by law or statute, are excluded from this Terms of Service. BPI do not represent or warrant to the Accountholder that: (i) the use of the Wallet/Card will meet his/her requirements; (ii) the Wallet/Card will be uninterrupted, timely, secure or free from error; and (iii) any information obtained as a result of the use of the Wallet/Card will be accurate or reliable. BPI reserves the right to change, suspend or discontinue any aspect of the Wallet/Card at any time, including hours of operation or availability of the Service or any Service functionality, without notice. BPI also reserves the right to impose limits on certain Wallet/Card features or restrict access to parts or the entire Wallet/Card without notice. BPI may decline to process any Purchase without prior notice to the Accountholder or the relevant Merchant.
XII. Compliance with Existing Laws – The Accountholder hereby warrant the use of the Wallet/Card, including, but not limited to the transfer and/or receipts of funds using the Wallet and the available channels for the Wallet, do not and will not violate Anti-Money Laundering Law, as amended as well as other applicable laws, rules, or regulations. By signing this Terms of Service or using the Wallet/Card, the Accountholder hereby agree to render BPI, its officers, employees and representatives, free and harmless and to indemnify BPI from any liabilities, damages, suits or causes of action whatsoever which may arise from any violation of the said laws, rules or regulations. Moreover, BPI upon reasonable suspicion of fraud, irregularity, or anomaly involving the use of the Wallet/Card, may automatically block the use thereof and initiate investigation.
XIII. Offer to Participate in Promos – Accountholder hereby authorize BPI and its partner institutions to offer participation in promotional offers, advertisements, surveys or such other similar programs by communicating to Accountholder in writing, or by electronic mail, or by facsimile transmission, or by short messaging service (SMS), or by such other electronic transmission which BPI, at its option, considers appropriate and effective or through BPI channels or any one of them including posting in BPI’s website.
XIV. Amendments – BPI may, at any time and for whatever reason it may deem proper, further amend, revise, modify or supplement this Terms of Service and any such amendment, revision, supplement or modification shall bind the Accountholder on the date of effectively as specified in the notice.
XV. Limitation of Liability – BPI shall not be liable to the Accountholder for any loss, damage, claim, cost or other liability arising from this Terms of Service or the use or misuse of the Wallet and/or the Card unless such loss or damage is solely and directly caused by BPI, or its officers, employees or representatives. The liability of BPI to the Accountholder arising out of or in connection herewith shall be limited to the amount of the Stored Value in the Card or the actual and proven amount of the loss or damage, whichever is lower.
XVI. Agreement to this Terms of Service – The Accountholder’s registration with BPI ePay for the Wallet, his/her signature on the Wallet, or the Accountholder’s use of the Wallet and/or Card, constitutes Accountholder’s agreement to and acceptance of this Terms of Service and the Terms and Conditions governing Bank of the Philippine Island’s Products, Services, Facilities and Channels (as may be applicable). Accountholder fully understands the corresponding risks involved in availing of such products and services. Accountholder agree to any supplement(s), modification(s), or amendment(s) of such Terms of Service and Terms and Conditions from time to time, notices of which may be posted in BPI’s branch premises or website or any other manner which BPI may deem appropriate.
XVII. Consent to Processing of Information – The Accountholder expressly agree and consent, without need of notice, to BPI’s collection, recording, organization, storage, updating, retrieval, consultation, use, consolidation, blocking, erasure or destruction of all information relating to the Accountholder in connection with, or arising from, the use of the Wallet, and to BPI’s disclosure of any such information to any of the following: (i) BPI’s subsidiaries, affiliates and related interests, whether organized in the Philippines or in other jurisdictions; (ii) credit information/investigation companies, financial institutions, credit bureaus, loyalty program partners, consumer reporting or reference agencies, marketing and promotional partners and other relevant external parties, whether based in the Philippines or other jurisdictions; (iii) government regulatory agencies/bodies having authority or jurisdiction over BPI, its subsidiaries, affiliates and related interests; (iv) MatchMove and other entities engaged by BPI, its subsidiaries, affiliates and related interests to facilitate marketing, administration, servicing, and implementation of the Wallet/Card, as well as other BPI products, services, facilities and channels; and, (v) such other persons or entities that BPI may deem as having authority or right to such information, as and when required by the circumstances.
XVIII. Intellectual Property Rights – BPI ePay and related products and services are the sole properties of BPI and/or its licensors and are subject to BPI’s existing policies, rules, and regulations. BPI ePay and related services are protected by copyright, trade secret and other intellectual property laws. BPI and/or its licensors own the title, copyright and other worldwide intellectual property rights in all services relating to BPI ePay and related products. Using the BPI ePay Wallet and related services does not grant the Accountholder any rights to BPI’s and/or its licensors’ trademarks or service marks. For the purpose of these Terms and Conditions, intellectual property rights shall mean all patent rights, copyright rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications and registrations, renewals and extensions thereof, under the laws of the Philippines and any country, territory or other jurisdiction.
XIX. Feedback and Comments – Accountholder may choose to, or BPI may invite Accountholder to, submit comments or ideas about the BPI ePay and the BPI ePay Wallet and related services including, but without limitation, about how to improve any service or product. By submitting any idea, Accountholder agree that his/her disclosure is gratuitous, unsolicited and without restriction, and shall not place BPI/Matchmove under any fiduciary or other obligations, and that BPI/Matchmove shall be free to use the idea without any additional compensation to Accountholder and/or may further disclose the idea on a non-confidential basis or otherwise to anyone.
XX. Governing Law and Venue – This Term of Service shall be governed by and construed in accordance with the applicable laws of the Republic of the Philippines. Any dispute arising hereunder shall be submitted to the exclusive risdiction of the proper courts of Makati City, Philippines.