TopBank PH Terms and Conditions

This Top Bank Philippines, Inc. Mobile App or TopBank PH Terms and Conditions (the “TopBank PH Terms and Conditions” or “Agreement”) sets forth the specific terms and conditions which shall govern my use and operation of the Top Bank Philippines, Inc. (A Rural Bank) (“Bank” for brevity) TopBank PH Services, as below defined, applications, and offerings. By availing of or using the TopBank PH Services, I (also referred to in this Agreement as the “authorized user”, “client” or “customer”) agree to be bound by and accept these TopBank PH Terms and Conditions.

 

1. DEFINITIONS

 

1.1 Unless the context otherwise requires, I agree that the following terms when used in this Agreement shall have the meaning as indicated below:

 

“Account/s” means the bank account/s opened by the authorized user with the Bank, such as, but not limited to, deposits (Current Account / Savings Account (CA/SA), and Time Deposit Account), loans and other types of accounts which are made accessible by the Bank to the authorized user through the TopBank PH Services.

 

“Biometric Login” means one of the Bank’s authentication methods and the authorized user’s alternative/unique identification in place of the Password, which allows the authorized user to log in to the TopBank PH installed in such authorized user’s Linked Device via the authorized user’s biometrics, e.g., the authorized user’s electronic face identification or any of the authorized user’s fingerprints, provided that such biometrics are saved by the authorized user in the said Linked Device’s settings.

 

“TopBank PH” means the software application of the Bank that is designed to run on a Linked Device providing clients and/or authorized users with services offered by the Bank.

 

"TopBank PH Services" means financial services, electronically provided by the Bank through the use of the TopBank PH facility.

 

“Top Bank Website” means the informational website of the Bank < www.topbank.com.ph > where guests can explore and discover the various products, services, facilities and offerings of the Bank.

 

“Enrolled Account/s” means the authorized user’s Account/s that is/are registered and enrolled by the authorized user in accordance with these Terms and Conditions.

 

“Force Majeure” means circumstances beyond the Bank’s reasonable control, including, without limitation, acts of nature, natural disasters, calamities, earthquakes, fire, floods, wars, civil or military disturbances, sabotage, acts of terrorism, terrorist attacks, criminal acts or willful misconduct by any person (other than the Bank’s or its officers or employees), epidemics, pandemic, riots, interruptions, loss or malfunction of utilities or facilities, power outages, electrical or mechanical failure, computer hardware or software failure, system failure or system downtime, network or telecommunication failure, causes or acts attributable to third persons or parties, labor disputes, strikes, walk-outs, riots, lock-outs, rebellion or acts of civil or military authority or governmental actions, and other similar occurrences.

 

"Intellectual Property Rights" means any (i) names, logos, registered and unregistered trademarks, and service marks, (ii) patents and patent applications, (iii) business methods, inventions, and discoveries that may be patentable, (iv) software and computer code, and (v) copyrights in both published works and unpublished works. Intellectual Property Rights shall include all Intellectual Property Rights registered under the Bank's name, duly licensed to the Bank by an affiliate or subsidiary of the Bank or by a third party.

 

“Linked Device” means an internet-enabled mobile device/s, either smartphones or tablets, paired with a distinct password for logging in to the TopBank PH.

 

"Login Credentials" means the Bank’s authentication methods for the authorized users to access the TopBank PH in their Linked Devices either through Biometric Login or the use of a Password.

 

“Nominated Account” means any one of the account/s selected by the client for a specific transaction being processed by the authorized user through the TopBank PH Services.

 

“One-Time PIN” also referred to as the “OTP”, is a security code used by the Bank as a means of authentication which is valid for a single transaction. It is intended to add an extra layer of security. For each transaction wherein the OTP is required by the Bank, the OTP is sent via text message/short message service (SMS) to the authorized user’s Registered Mobile Number and the authorized user will be prompted by the TopBank PH facility to directly input the OTP on the space provided therein in order to authorize, confirm and complete the corresponding transaction.

 

"Password" means a string of special characters, letters, and/or numbers, created and nominated by the authorized user for the purpose of authenticating and accessing the TopBank PH.

 

“In App / Push notification” means an automated message sent to client’s Linked Device which may include announcements, account and transaction notifications, and marketing messages, among others.

 

“Registered Mobile Number” refers to the mobile number provided by the authorized user to the Bank and is the mobile number reflected in the authorized user’s Bank documents, such as the signature card and the customer information sheet. Any OTP, as defined herein, to be sent by the Bank will be sent to this mobile number. Only local mobile numbers may be elected as an authorized user’s Registered Mobile Number.

 

1.2 Headings used herein are for convenience and reference only and shall not affect the meaning or interpretation of this Agreement. Unless the context otherwise requires, words denoting the singular shall include the plural and vice versa, and words denoting persons shall include individuals, corporations, partnerships, joint ventures, trusts, unincorporated organizations and any political subdivision, agency or instrumentality. Any reference to a law or statute shall be construed as a reference to such law or statute as the same may have been, or as may be amended, substituted, or re-enacted from time to time.

 

 

2. ACCESS TO TOPBANK PH SERVICES

 

2.1 The Bank has provided sufficient instructions and/or guidelines on how to use the TopBank PH Services under and pursuant to this Terms and Conditions and continues to do so through amendments and supplements from time to time, as well as, the Bank’s rules, regulations, and policies, as communicated through the Bank’s announcements, publications, and notifications on the Top Bank Website and/or through In App/Push Notifications. I understand that it is my responsibility to follow the said instructions and/or guidelines and only after understanding and accepting the said instructions and/or guidelines of the Bank will I be eligible to access my accounts via the TopBank PH with the use of my Linked Device. I agree to be responsible for any and all adverse consequences of my access and use of an internet connection and/or the internet-enabled device to avail of the TopBank PH Services. I hereby hold the Bank free and harmless, and shall indemnify/reimburse the Bank, from any and all claims, liabilities, costs, payments, damages and expenses, arising from or in connection with my access and use of an internet connection and/or the internet-enabled device, including the Linked Device, or from my failure to read such instructions, guidelines, amendments and supplements to the TopBank PH Terms and Conditions, as well as, the Bank’s rules, regulations, and policies, and the consequences thereof, when communicated through the Bank’s  announcements, publications and notifications on the Top Bank Website and/or through In App/Push Notifications

 

2.2 Through the TopBank PH Services that may be provided by the Bank under this Agreement, I may be able to access my accounts through the TopBank PH using my Login Credentials.

 

2.3 Although the TopBank PH Services are designed to be accessible seven (7) days a week, twenty-four (24) hours a day, I understand and accept that, at certain times, any one, some or all of the TopBank PH Services may not be available due to Force Majeure, system maintenance or system downtime; Provided that, scheduled system maintenance shall be announced to the public through the Bank’s official website, the Bank’s social media accounts, or any of the Bank’s official communication channels. Any scheduled system maintenance could occur as required or as may be necessary at the sole determination of the Bank.   I agree that the Bank shall in no event be held liable for any delay, non-performance or failure to perform any of its obligations under this Agreement, as well as any and all claims, liabilities, costs, payments, damages and expenses, for reasons due to, arising from or in connection with, directly or indirectly, any such Force Majeure, scheduled and announced system maintenance or system downtime.

 

For purposes of dating my TopBank PH Services transactions, I understand that a cut-off time has been implemented by the Bank. All transactions done before the designated bank cut-off, as stated in this Agreement or as otherwise determined by the Bank, will be posted to my Nominated Account on the same day. Transactions after cut-off on a banking day or those completed on a Saturday, Sunday or bank holiday will be posted on the next banking day.

 

2.4 I further agree that by registering any of my Accounts in the TopBank PH, the  Bank, at its option, is authorized to automatically register any and all my other Account/s in the TopBank PH without need for further authorization or consent on my part. For this purpose, I understand and agree that in addition to the first account I personally registered, all my other accounts may also be deemed as Enrolled Account/s  and may be automatically registered and viewable whenever TopBank PH Services are accessed using my Login Credentials.

 

2.5 I agree that by registering in the TopBank PH, I likewise authorize all other products availed under my name such as, but not limited to, my loans to be automatically viewable whenever TopBank PH are accessed using my Login Credentials. I represent and warrant to the Bank that, prior to my registration in the TopBank PH, I have obtained the authorizations and consent required by applicable confidentiality and data privacy laws or agreement to enable the Bank to process the registration, enrollment and implementation of any or all of my Account transactions using TopBank PH Services. I agree to hold the Bank free and harmless and keep indemnified from any and all liabilities, damages, claims, suits, costs, assessments and expenses arising from or in connection therewith.

 

2.6 As the Bank may require me to input an OTP in order for me to complete my transaction/s via any, some or all of the TopBank PH Services, I agree to immediately update the Bank of any changes to my Registered Mobile Number in accordance with the Bank’s information updating guidelines. I understand and agree that it is my obligation to verify and, if necessary, correct in accordance with the Bank’s established guidelines and procedures the mobile number reflected in the Bank’s records as my Registered Mobile Number. I hereby agree that in no event shall the Bank be held liable for sending any such OTP/s to the mobile number reflected as my Registered Mobile Number in the Bank’s records at the time the Bank sent such OTP/s.

 

2.7 The Bank reserves the right and is authorized to suspend, terminate, remove, disable or discontinue access to or use of the TopBank PH Services (or any part thereof) at any time without prior notice if and when the authorized user (i) violates any of these Terms and Conditions, (ii) violates or fails to comply with applicable laws, rules, policies and regulations; or (iii) if the Bank, at its sole option and discretion, reasonably determines that suspension, termination, removal, disabling or discontinuance of access to or use of any or all of the TopBank PH Services is necessary to protect the interests of the Bank, its clients or third parties. In any such event, I agree that the Bank shall in no event be liable to me or any person for any and all claims, liabilities, costs, payments, damages and expenses, arising from or in connection with the suspension, termination, removal, disabling or discontinuance of the TopBank PH Services (or any part thereof).

 

2.8 The Bank reserves the right and is authorized, in its sole discretion, to initiate reversal of a transaction and debit and/or cause the debiting of my Account/s at any time and with notice in case (i) a deposit, credit or any inward flow of funds appears to be due to an error or mistake; (ii) there is a written claim that said transaction is a result of a fraudulent act and there is reason to believe that such deposit, credit or any inward flow of funds to my Account is attended by error, mistake or is a result of a fraudulent act which I may or may not be a party of; (iii) when the purpose claimed by the person depositing, sending or crediting funds to my Account is contradictory to what I declare and/or have declared as purpose or reason for the deposit or fund transfer; or (iv) such other circumstances or cases analogous or similar to any of the foregoing.

 

 

3. USE OF PASSWORD AND OTHER AUTHENTICATION METHOD/S

 

3.1 I agree not to let anyone know of my Password. It is understood that the Password is known only to me and as such, any transaction using my Password shall be binding upon me. I understand and agree that the Bank shall, in no event, require me to divulge my Password through phone call, text or e-mail to any person or to any entity. I acknowledge that my Password shall only be required by the Bank to be keyed in when I access the TopBank PH in my Linked Device using such Login Credentials.

 

3.2 I agree to assume full responsibility for all transactions made in my Enrolled Account/s through the use of my Login Credentials and any of the Bank’s authentication method/s. I agree that the Bank shall in no event be held liable for any and all claims, liabilities, costs, payments, damages and expenses, arising from or in connection with the use of my Login Credentials, Biometric Login, and/or any of the Bank’s authentication method/s, including any transactions made in my Enrolled Account/s using such Login Credentials and/or any of the Bank’s authentication method/s.

 

3.3 I agree to secure at all times all my Linked Devices and immediately inform the Bank through its established guidelines and procedures if any of those devices are no longer in my possession. I further agree that the Bank shall in no event be held liable for any and all claims, liabilities, costs, payments, damages and expenses, arising from or in connection with any unauthorized transactions in my Enrolled Account/s via access to the TopBank PH. using my Linked Device and my Password as the Login Credentials and/or any of the Bank’s authentication method/s.

 

3.4 I agree and undertake to change my Password from time to time as I deem necessary in order to fully safeguard and ensure the security of my access to the TopBank PH.  Should I determine that my Password has been compromised, I shall immediately change my Password through the TopBank PH Services’ Password Reset facility and/or immediately inform the Bank through its established guidelines and procedures.  I further agree that the Bank shall not be liable for my failure or negligence to change the Password when compromised.

 

3.5 I agree that the Bank, at its sole discretion, is entitled to act on the instructions received via any and all of the TopBank PH Services which the Bank reasonably believes emanated from me by virtue of the use of my Login Credentials, Biometrics Login, and/or any of the Bank’s authentication methods. I further agree that the Bank shall not be liable for acting in accordance with or based on the TopBank PH Services requests and/or instructions made through my Login Credentials, Biometric Login, and any of the Bank’s authentication method/s.

 

 

4. TOPBANK PH SERVICES

 

Subject to these TopBank PH Terms and Conditions, I acknowledge that the following TopBank PH Services may be amended, modified, supplemented or discontinued as may be deemed fit and necessary by the Bank:

 

4.1 ACCOUNT BALANCE INQUIRY - I can view the balance of each of my Enrolled Account/s as of the date and time of my inquiry.

 

4.2 ACCOUNT DETAILS ACCESS –I can access the details of my transactions in my Enrolled Account/s.

 

4.3 FUND TRANSFER FACILITY

 

4.3.1 Subject to these Terms and Conditions, I may transfer funds from my Nominated Account to any of the following beneficiary account/s:

i.  any of my other Enrolled Account/s, i.e. those other Accounts under my name that are viewable in My Accounts;

ii. any pre-enrolled TOP BANK deposit accounts under another depositor's name that have been enrolled by me as part of my valid beneficiary account/s;

iii. any TOP BANK deposit account indicated as recipient account;

iv. beneficiary account/s maintained with identified local banks.

 

4.3.2 In such event, the fund transfer amount shall be debited from the Nominated Account specified in the transaction request page and the beneficiary account shall be credited with the same amount, subject to my election to transfer funds on a real time; Provided that, the fund transfer amount including applicable service fees is.

i. Equal to or less than the remaining available balance of the Nominated Account; and

ii. The limit imposed by the Bank on the amount of fund and the number of times that I can use and/or avail of the Fund transfer facility are within a certain period.

 

4.3.3 Moreover, I agree that the Bank may likewise set, transfer and collect applicable service fees for the fund transfer transactions and shall form part of the funds to be debited from my Nominated Account, provided that I will be notified of the changes in service fees through any of the Bank’s official communication channels set out in Section 6.5.

 

4.3.4 Real fund transfers can originate only from any of my Accounts that are enrolled and linked in my TopBank PH.

 

4.3.5 Should I choose to initiate a real time fund transfer, I may do so by manually electing real time fund transfer on the transfer date.

 

4.3.6 Completed real time fund transfers are reflected immediately in my relevant Accounts. However, the details of transactions will appear in the account history screen on the next banking day, if my real time fund transfer is received by the Bank before the regular system refresh.

 

4.3.7 Completed transactions will not be subject to reversal by the Bank. Should there be any discrepancy/ies and/or errors which I committed in connection with the fund transfer transaction (such as, but not limited to, incorrect amount or incorrect beneficiary), it will be my responsibility to coordinate directly with the beneficiary to settle the amount.

 

4.3.8 I acknowledge that it is my responsibility to check the correctness of the details of the fund transfer, the Nominated Account used, the amount to be transferred, and the beneficiary account details, before proceeding with my transaction.

 

4.3.9 I agree to provide complete and accurate information about the intended beneficiary and his/her/its beneficiary bank account details. The Bank shall not be responsible for failed or incorrect transactions resulting from any errors in the information which I provided. For the avoidance of doubt, the Bank is under no obligation to disclose information regarding such beneficiary or the failed transaction related to such beneficiary and in no event shall the Bank be liable to me for its refusal or failure to provide the requested information details about the beneficiary for whatever reason.

 

4.3.10 I understand that the Bank is not a party to whatever agreement between me and the beneficiary in relation to the transfer. I agree to hold the Bank free and harmless and indemnified from any liability arising from or in connection with any such fund transfer made or initiated by me, and will not demand reversal from the Bank for such transfer/s, regardless of whether such transfer/s was/were proven to have been made in bad faith, was/were in any other way inconsistent with the agreement between me and the beneficiary and/or otherwise.

 

4.3.11 Only available and withdrawable balances of my Nominated Account shall be considered for fund transfers. In case of insufficient funds in my Nominated Account, my fund transfer request on the said date will not push through / will be unsuccessful, and no attempt will be made by the Bank to make the transfer. The Bank shall have no obligation or liability if it does not complete a fund transfer due to insufficiency of funds in my Nominated Account. In all cases, I am responsible for making alternate arrangements for the fund transfer.

 

4.3.12 In the case of multiple fund transfers coming from a Nominated Account and such account has only enough balance to make some but not all fund transfers, I acknowledge and agree that the Bank’s system shall determine which of my fund transfer requests are to be completed ahead of the other fund transfer requests.

 

4.3.13 I understand and accept that the Bank may identify other types of Accounts that can be enrolled under the Fund transfer Facility.

 

4.3.14 I understand and accept that the Bank may, at its sole discretion, impose limits and restrictions on the currency and amount of the funds that can be transferred via TopBank PH Services.

 

4.3.15 I agree to hold the Bank free and harmless, and shall indemnify/reimburse the Bank, from any and all claims, liabilities costs, payments, damages and expenses, arising from or in connection with the Bank’s implementation of my fund transfer requests and my access and use of the Fund transfer Facility using my Login Credentials together with any of the Bank’s authentication methods.

 

4.4 BILLS PAYMENT FACILITY 

 

4.4.1 Through this Bills Payment Facility, I can request the Bank to debit a specified amount from my Nominated Account for credit to a nominated bills pay merchant or payee or biller.

 

4.4.2 When availing this Bills Payment Facility, I may choose to pay merchant/s or payee/s or biller/s real time. I agree that I can enroll merchant/s or payee/s or biller/s through TopBank PH Services.

 

4.4.3 Payments made through this Bills Payment Facility after cut-off time (11:59 p.m.) shall be considered as payments on the next banking day.

 

4.4.4 The Bank shall provide source Account options that the authorized user may elect for a specific transaction under the Bills Payment Facility. The Bank reserves the right to expand or limit the source Account options, at its discretion.

 

4.4.4.1 Only available and withdrawable balances of my Enrolled Account/s shall be available for such payment. In case of insufficient funds in my Nominated Account, my payment request shall not proceed.

 

4.4.5 Any discrepancy between the billing amount and the amount paid and/or between the customer reference number indicated in my bills pay merchant/payee/biller enrollment and the customer reference number of my actual account with such merchant/payee/biller shall be directly resolved by me and the merchant/payee/biller. I shall hold the Bank free and harmless and shall reimburse/indemnify the Bank from any acts or omissions in connection with such discrepancies or disputes. Neither shall I hold the Bank responsible to represent me or the merchant/payee/biller from all liabilities, claims, demands and suits arising out of or in connection with my transactions under this Bills Payment Facility.

 

4.4.6 The Bank is authorized to disclose to any of the merchant/s and/or payee/s relevant information pertaining to me, my Account/s, and/or my transactions, as may be necessary for the processing and implementation of my requested transactions under this Bills Payment Facility.

 

For this purpose, I agree to hold the Bank free and harmless and indemnified from any and all liabilities, claims, demands and suits of whatever nature, arising out of or in connection with the Bank’s disclosure of my Account information, transactions and/or personal information.

 

4.4.7 The Bills Payment Facility arrangement between the Bank and any of the merchant/s and/or payees may be cancelled and/or terminated at any time by either party without any written prior notice of such cancellation and/or termination to me.

 

4.4.8 The Bank may, at its absolute discretion, reverse a bills payment transaction in case of system-related technical issues.

 

4.4.9 Payment procedures/stipulations imposed by such merchant/s and/or payees consistent herewith or with any of the terms and conditions hereof or any related documents or instruments governing the Bank's products, services, facilities and channels, shall be incorporated herein and made part of this Agreement in so far as my transactions with such merchant/s and/or payee/s are affected and only in instances where these are applicable. However, the Bank shall not be bound by any such terms and conditions unless otherwise expressly stated by the Bank.

 

4.4.10 I shall hold the Bank free and harmless, and shall indemnify/reimburse the Bank, from any and all claims, liabilities, costs, payments, damages and expenses, arising out of or in connection with any payments made by me through this Bills Payment Facility, including, but not limited to, payments which I may make by mistake or on overdue or past due accounts or for any payment contrary to the requirements stated in the paragraphs above, such as, payments despite service disconnection, termination of contract, lapse of policy and/or the like. I shall also hold the Bank free and harmless, and shall indemnify/reimburse the Bank, from any and all claims, liabilities, costs, payments, damages and expenses, arising out of or in connection with any failure by the Bank to process my requests for payment when such request does not comply with the Bank’s requirements.

 

4.4.11 It shall be my responsibility to keep myself informed of the terms and conditions governing the merchant/s’ and/or payee/s’ payment requirements, guidelines and procedures, including any amendments, modifications or supplements thereto. The Bank shall not be responsible for delays, loss or damage arising out of circumstances beyond its control.

 

4.5 OTHER SERVICES

 

4.5.1 In availing of the TopBank PH Services by downloading the TopBank PH and registering my device as a Linked Device, I agree that I am consenting and allowing the Bank to send me security and service-related announcements through the said TopBank PH. I understand that I may also enable or disable receiving marketing and/or value-added In App/Push Notifications in the TopBank PH. If enabled, I authorize the Bank to send me notifications and announcements even when the TopBank PH is installed but not launched on my mobile phone. I also understand that the Bank may send me location-specific notifications for such marketing and/or value-added services.

 

4.5.2 I shall hold the Bank free and harmless and shall indemnify and reimburse the Bank from any and all liabilities arising from or in connection with any and all announcements and/or In App/Push Notifications I may or may not receive even when I have downloaded the TopBank PH and enabled the In App/Push Notifications.

4.6 NEW SERVICES

 

New services may be introduced by the Bank as part of the TopBank PH Services, from time to time, and I will be notified of these new services through any of the Bank’s official communication channels. By using such new services when they become available, I agree to be bound by the applicable terms and conditions concerning these services, which specific terms and conditions, if and when such services are availed, are deemed incorporated herein by reference. The specific terms and conditions are published and are accessible in the information pages of the Bank’s website at www.topbank.com.ph.

 

4.7 GENERAL TERMS

 

4.7.1 I agree that any and all transactions involving the transfer of my funds from any of my Enrolled Account/s through the TopBank PH Services, including the use of the Fund Transfer Facility and the Bills Payment Facility, as well as, such transfer/s authorized through TOP BANK Online Partner/s, shall be deemed a “withdrawal” from such Enrolled Account/s.

 

4.7.2 I acknowledge that my enrollment in TopBank PH shall be effective upon receipt of the Bank's confirmation of the activation of my Accounts in the relevant TopBank PH Services. The Bank may, however, at any time, suspend or terminate the use of any of the TopBank PH Services, or this Agreement, without my consent and with or without prior notice.

 

4.7.3 For "OR" joint Accounts, it is hereby understood and agreed that all transactions to be made by any one of us using the TopBank PH Services are deemed authorized and implemented with the consent of all my other co-depositors/co-accountholders.

 

4.7.4 I agree that: (i) the Bank may in the future impose charges for the services contemplated under this Agreement within legal and regulatory limits; (ii) that I will be notified of said charges through any of the Bank’s applicable official communication channels outlined in Section 6.5 hereof; and (iii) that I agree and authorize the Bank to impose the said charges whenever I avail of the Bank’s services.

 

4.7.5 I acknowledge and confirm that I have personally activated my existing CA/SA Account/s that I indicated in the TOP BANK Online activation form, and my other Accounts enrolled by the Bank pursuant to Section 2.4. I request and authorize that these accounts be given the functionalities of TopBank PH Services.

 

5. CUSTOMER SERVICE AND COMPLAINTS

 

5.1 TOP BANK is regulated by the Bangko Sentral ng Pilipinas (BSP).

 

5.2 I agree that requests and complaints shall be filed through the following Bank's facilities/channels:

i. Top Bank Contact Center: customer.services@topbank.com.ph

ii. Top Bank Website: www.topbank.com.ph

iii. Facebook: TOPBANKPH

iv. Landline: (02) 82308867

v. Top Bank branches

 

5.3 I understand that all complaints shall be subject to a comprehensive investigation by the Bank in accordance with its established guidelines and procedures for complaints handling.

 

5.4 I agree to provide the Bank with necessary information to be used for the investigation and resolution of my requests and complaints. The Bank shall provide me with the prescribed reasonable processing time to resolve a complaint. I agree that the results and findings shall be final and conclusive as against myself.

 

5.5 I agree that I shall not rely on e-mail communications if I need to communicate with the Bank immediately for whatever urgent purpose, such as but not limited to, the reporting of, unauthorized transaction in one of my Accounts. In any of these or similar instances, I shall call the Bank’s Top Bank Contact Center to report my concern.

 

5.6 I understand that the Bank may change the official facilities and channels provided in Section 6.1 from time to time. I undertake to keep myself apprised and updated regarding the Bank’s announcements of changes in the Bank’s official facilities and channels, as the same may change from time to time, as well as, regarding the Bank’s announcements on online security.

 

6. COMMUNICATION TO AND FROM THE BANK

 

6.1 In the event that I receive communication purporting to be from the Bank but originates from an unofficial number, e-mail address, and/or website, I hereby agree to protect myself from any such phishing attempt to obtain my personal and Account information, such as my Login Credentials, authentication information, and other Top Bank Account details, by any such entity disguising as the Bank in such unofficial communication. I shall also remain vigilant against other cyberattacks that may appear to make unauthorized use of the Bank’s logo and/or tradename. I undertake to report any such suspected activity to the Bank immediately. In accordance with Section 3.1 herein, I acknowledge that the Bank does not need to ask me for my Password and/or OTP and I shall not disclose my Password and OTP to the Bank even if I believe the Bank is asking me to do so via e-mail or any other form of communication.

 

6.2 I hereby agree to hold the Bank free and harmless, and shall indemnify/reimburse the Bank, from any and all claims, liabilities, costs, payments, damages and expenses, arising from or in connection with my failure to keep myself updated with the Bank’s official facilities and channels, as well as, my disclosure of any or all of my personal and/or Account information to any entity other than the Bank, even if such entity makes an unauthorized use of the Bank’s logo and/or tradename.

 

6.3 I agree that the Bank may respond to me by e-mail on any matter related to the TopBank PH Services using my e-mail address registered with the Bank. I am aware of the possible risks involved in connection with the giving and receiving of notices and other communication via e-mail. Such e-mail could be transmitted improperly or may never reach me or may become known to third parties thus losing their confidential nature. The Bank accepts no responsibility for the occurrence of any such circumstances or for any action, claim, loss, damage or cost arising or incurred by me as a result of or in connection with any such circumstances. I shall be solely responsible for making my own independent appraisal and assessment of any possible risks in relation to the giving and receiving of notices and communication via e-mail.

 

6.4 I hereby authorize the Bank to send me promotional offers, advertisements, surveys or such other similar programs of the Bank affiliates and partner institutions, by communicating to me in writing, or by e-mail to my registered e-mail address, or by short messaging service (SMS) to my Registered Mobile Number, or by such other electronic transmission which the Bank, at its option, considers appropriate and effective, or through the Bank channels or any one of them including posting in the Bank’s website.

 

6.5 The Bank may send any notice or communication to me via mail, electronic mail, short messaging service (SMS), other Bank channels or any one of them, including posting on the TOP BANK Website, TopBank PH or by such other electronic transmission or use of an electronic platform which the Bank, at its option, considers appropriate and effective, any of which mode of communication or transmission when sent shall be valid and effective notice to me.

 

7. OTHER AGREEMENTS

 

7.1 I agree that where particular transactions, products and services are subject to specific terms and conditions agreed upon between me and the Bank, insofar as they are not inconsistent herewith, such terms and conditions are made integral parts of this Agreement by reference and shall likewise be resorted to in instances where they are applicable.

 

7.2 I further agree to be bound, where applicable, by the Terms and Conditions of the Bank governing PRODUCTS, SERVICES, FACILITIES, AND CHANNELS including any amendments or supplements thereto, as well as, other terms and conditions implemented by the Bank in relation to its products and/or services.

 

7.3 This Agreement shall be governed by all applicable rules and regulations of the Bangko Sentral ng Pilipinas (BSP) https://www.bsp.gov.ph, and all other relevant laws and regulations of the Republic of the Philippines.

 

8. AMENDMENTS

 

The Bank may modify, amend or revise this Agreement or any of the terms and conditions applicable to any of the services provided through TopBank PH Services from time to time. I shall be notified of any such modification, amendment or revision via mail, e-mail, SMS, posting on the Bank’s website, TopBank PH or by such other electronic transmission or use of an electronic platform which the Bank, at its option, considers appropriate and effective.  Any such modification, amendment or revision shall be valid and binding upon me on the date of effectivity specified in the notice. My continued use and/or availment of any of the services and facilities offered by the Bank under the TopBank PH Services thereafter will constitute my acceptance of the modifications, amendments, or revisions to this Agreement or any of the terms and conditions applicable to any of the services provided through TopBank PH Services.

 

9. INTELLECTUAL PROPERTY RIGHTS

 

All Intellectual Property Rights arising from or in connection with the TopBank PH Services are owned by the Bank or licensed from a third party. I agree not to do any act or thing inconsistent with the Bank’s or such third party’s ownership of the Intellectual Property Rights. In the event of any infringement or suspected infringement of the Bank’s or such third party’s Intellectual Property Rights, I agree to notify the Bank thereof and shall take such reasonable action as the Bank shall direct in relation to such infringement. I agree not to engage in any activity or commit any act, directly or indirectly, that may contest, dispute, or otherwise impair the Intellectual Property Rights of the Bank (or its licensors).

 

10. DISCLAIMER OF WARRANTIES

 

10.1 To the full extent allowed by applicable laws, all warranties, whether express or implied by law or statute, are excluded from this Agreement, including, but not limited to, any implied warranties of merchantability, title, fitness for a particular purpose, and non-infringement. The Bank does not represent or warrant to me that the TopBank PH Services will meet all my requirements, will be uninterrupted, timely, secure, or free from error, will function to meet authorized user’s requirements, and will be compatible with future products or services of the Bank. Access to the TopBank PH is provided as is.

 

10.2 While the Bank has used reasonable efforts to commercially design for and test the TopBank PH on most devices, and operating systems, it does not guarantee that the TopBank PH will work or be compatible on all devices, or operating systems.

 

11. INDEMNIFICATION & LIMITATION OF LIABILITY

 

11.1 I agree to hold the Bank including any of their respective directors, officers, agents and representatives, free and harmless, as well as indemnify/reimburse them, from any and all liabilities, claims, damages, suits of whatever nature, arising out of or in connection with the implementation of this Agreement and/or my availment of the TopBank PH Services, including, but not limited to, the Bank’s failure to effect any Account balance request, fund transfer transaction, bills payment transaction, and/or such other services, as well as, on account of any transaction that I may undertake using the TopBank PH  Services unless the loss or damage I actually incurred is solely and directly caused by the gross negligence or willful misconduct of the Bank.

 

11.2 The Bank shall not be liable for any losses or damages resulting from circumstances over which the Bank has no direct control, including, but not limited to, my linking of my Linked Device, unauthorized access to any OTP sent to my Registered Mobile Number, my disclosure of my personal information, Login Credentials, and/or OTP to other persons – regardless of whether such disclosure was intentional or inadvertent, electrical or mechanical failure of electronic equipment, communication lines outages or other interconnection problems, system downtime, pandemics, epidemics, government actions, severe weather, earthquakes, floods, fire or other such other similar Force Majeure events defined in Section1 .

 

11.3 To the full extent allowed by applicable laws, the Bank shall not be liable to me for any special, consequential, indirect, exemplary, incidental or punitive damages, including but not limited to lost profits or actual or anticipated revenue, lost opportunities and business interruption, howsoever caused, whether on the basis of contract, warranty, tort (including negligence), product liability, or otherwise, arising out of or in connection with this Agreement or its termination, and irrespective of whether I have advised the Bank of the possibility of any such loss or damage.

 

12. CONSENT TO PROCESSING OF INFORMATION

 

12.1 I acknowledge and agree that updated information relating to me, my transactions, business and credit relationships, Account information or records, provided by me or made available to or in the possession of the Bank may be collected, obtained, used, stored, consolidated, processed, profiled, benchmarked, disclosed, and shared to the Bank in accordance with the provisions of RA 10173 or the Data Privacy Act of 2012 for any or all of the following (the “Purposes”):

 

i. To approve, manage, facilitate, administer, implement, and provide the products, services, transactions, and facilities availed of and/or selected by me;

 

ii. To comply (i) with the Bank’s operational, audit, administrative, credit and risk management processes, policies and procedures, (ii) this Agreement, (iii) the Bangko Sentral ng Pilipinas’ rules and regulations, and (iv) legal and regulatory requirements of government regulators, judicial or supervisory bodies, tax authorities or courts of competent jurisdiction, as the same may be amended or supplemented from time to time;

 

iii. To comply with applicable laws of the Philippines and those of other jurisdictions including the United States Foreign Account Tax Compliance Act (FATCA), the laws on the prevention of money laundering and terrorism activities, and the implementation of Know Your Customer (KYC) and money laundering, terrorist financing, proliferation financing, (ML/TF/PF) and sanction risks prevention and mitigation;

 

iv. To develop and enhance the product, business and customer offerings of the Bank which may include the conduct of product, system, statistical or business analysis, surveys, schemes, profiling, benchmarking, planning and research;

 

v. To pursue marketing, sales, promotional, advertising, and business initiatives (the “Marketing Initiatives”), which may include the development, formulation, dissemination, distribution and rollout of Marketing Initiatives information, materials, documents or brochures, relating to the products, services, events, promotions, programs, and offers, of the Bank by third parties with which the Bank, under a duty of confidentiality, has contracted with (the “Program Partners”), whether such Marketing Initiative is undertaken individually by the Bank or with Program Partners under a joint venture initiative, servicing agreement, cross-selling arrangement,  loyalty or promo program or any project undertaking on a collective or tie-up basis;

 

12.2 In compliance with regulatory requirements, to verify or validate my Information in any reasonable manner from any and all sources including (but not limited to) the (i) Bureau of Internal Revenue (BIR) to establish the authenticity of my income tax return which I submitted to the Bank, or (ii) courts, government agencies or arbitral tribunals on the status of any case or proceeding to which I may be a party;

 

i. To carry out, fulfill and complete the transactions authorized by me in connection with the Bank’s performance of the services, facilities and channels contemplated under this Agreement.

 

12.3 Pursuant to the relevant Purpose(s), the Bank may share and disclose my Information, whether within or outside the Philippines, under a duty of confidentiality:

 

i. to the Bank’s directors, officers, employees, professional advisers, legal counsels, auditors, agents, representatives, service providers, and third parties providing services to the Bank on a “need to know” basis;

ii. to merchants and promotional, network, loyalty program and joint venture partners, and their respective service providers, in order to carry out, fulfill and/or complete the transactions authorized by me;

iii. to credit information companies, credit bureaus, the Credit Information Corporation (CIC) (pursuant to RA No. 9510 and its implementing rules and regulations), financial institutions, banking, and credit industry associations, credit protection provider or guarantee institutions, brokers, insurers, and underwriters, in relation to my availment of the products, services and facilities of the Bank (collectively, the “Credit Entities”);

iv. to any judicial, governmental, regulatory or supervisory body of the Philippines or those of other jurisdictions, including exchange of information among tax authorities in compliance with FATCA, as the same may be amended or supplemented from time to time;

v. to any potential transferee or assignee of the Bank’s rights and/or obligations under the relevant contracts or agreements or in connection with any sale, acquisition, merger or consolidation of Top Bank;

vi. to representatives, agents or service providers engaged by the Bank to perform (whether within or outside the Philippines) data processing, collection, consolidation, storage and such other services in connection with the products, services, and facilities availed of by me (the “Outsourced Service Providers”);

vii. to representatives, agents or service providers engaged by the Bank, or by Program Partners, in connection with the Marketing Initiatives; and

viii. to such other persons or entities that the Bank or the Credit Entities, if applicable, or the Outsourced Service Providers may engage or contract with to facilitate or carry out any or all of the foregoing Purposes.

 

12.4 The foregoing constitutes my express consent and waiver under RA No. 1405 or The Bank Secrecy Law, The Data Privacy Act of 2012 and other applicable bank secrecy, confidentiality and data privacy laws of the Philippines and other jurisdictions. I agree to hold TOP BANK, and its directors, officers, employees, authorized representatives, agents and service providers free and harmless from any and all liabilities, claims, damages, suits, costs, and expenses resulting from or in connection with the implementation of the Purposes and authorities conferred under this Agreement.

 

12.5 For the avoidance of doubt, to the extent that applicable confidentiality, bank secrecy or other laws impose non-disclosure requirements on certain relevant information but permits a party to waive such requirements by written consent, the express consent provided herein shall constitute my written consent and waiver for purposes of such applicable laws. Any agreement between me and the Bank to maintain confidentiality of information shall continue to be observed to the extent that such agreement is not otherwise inconsistent with the consent to disclosure of Information authorized by me under this Agreement.

 

13. DATA PRIVACY STATEMENT

 

13.1 In the course of providing the services contemplated under this Agreement, the Bank will be collecting information (including personal information and sensitive personal information) relating to me. Top Bank Data Privacy Notice and Consent explains how the Bank collects, protects, uses, shares and stores my personal information and is deemed incorporated herein by reference. To learn more about the Top Bank Data Privacy Notice and Consent, I may visit the Bank’s Website.

 

13.2 I understand that my continued access into the Bank's network of websites or use of this service will constitute my acceptance of the Top Bank Data Privacy Statement as the same may be revised or updated from time to time.

 

14. DECLARATION

 

I hereby declare that: (i) all the statements, information and supporting documents provided by me are true, correct, accurate and updated; (ii) where the information or data provided was collected by me from third party sources, the relevant consent has been secured by me from the relevant parties to whom such information relates; (iii) any material misrepresentations or falsity or omission on my part will be construed as an act to defraud the Bank and may be a ground for the termination of this Agreement, or the  cancellation or termination of my access to any of the TopBank PH Services, without prejudice to such civil and/or criminal liability that the Bank may pursue against me; (iv) the Bank may impose such terms, conditions and requirements as it may deem necessary or proper relative to my availment of any of the TopBank PH Services; (v) I shall notify the Bank of any material change affecting the information provided by me; and (vi) in using any the TopBank PH Services, I shall comply with all applicable laws, rules and regulations.

 

15. GOVERNING LAW AND VENUE

 

This Agreement shall be governed by and construed in accordance with the laws of the Republic of the Philippines. Any dispute arising hereunder shall be submitted to the exclusive jurisdiction of the proper courts of Makati City, Philippines, to the exclusion of all other venues.

 

 

Annex A: Risk and Return

 

Customer Responsibilities	Risks Involved	Return	Bank's Responsibility
ACCESS TO TOPBANK PH SERVICES
1. Customers must keep their Password confidential, secure linked devices, and change their Password periodically, informing the bank if any device is lost or stolen, acknowledging that the Bank is not liable for unauthorized transactions via the mobile banking app. 2. Customers are responsible for transactions made using their Login Credentials or the Bank's authentication methods, and agree the bank can act on instructions received via mobile banking services using these credentials, with the bank not liable for related consequences or unauthorized transactions.	Failure to keep the Password confidential or secure linked devices may result in unauthorized access to account/s, leading to potential financial loss or fraud. Neglecting to change the Password regularly or failing to update it when compromised increases the risk of unauthorized transactions and compromises account security.	By keeping their Password confidential and known only to them, customers can ensure the security of their accounts and that all transactions made are binding and legitimate, providing enhanced protection and peace of mind.	The Bank must provide secure authentication methods and protocols to safeguard customer accounts and transactions.
USE OF PASSWORD AND OTHER AUTHENTICATION METHOD/S
Customers must protect their login credentials, review transaction details, provide accurate beneficiary information, and ensure adequate funds for transfers. The Bank is not liable for errors or incomplete transfers due to insufficient funds and is not involved in agreements between customers and beneficiaries.	Customers must safeguard Login Credentials to prevent unauthorized transactions and verify beneficiary details to avoid failed transactions, minimizing financial losses. They are responsible for resolving any errors in fund transfers by coordinating with beneficiaries directly.	By following these instructions, customers ensure secure transactions, reduce errors, and avoid failed transfers. This enhances financial management and accountability, while the bank remains free from liability for any errors or incomplete transfers.	Customers must protect login credentials to prevent unauthorized transactions and verify beneficiary details to avoid failed transactions, minimizing potential financial losses. They are accountable for rectifying errors in fund transfers by liaising directly with beneficiaries.
TOPBANK PH SERVICES
1. Customers can request the Bank to debit a specified amount from their Nominated Account for credit to nominated bills pay merchants, payees, or billers. 2. Customers must resolve any discrepancies between the billing amount and the amount paid directly with the merchant, payee, or biller. They hold the bank harmless and indemnify it from any acts or omissions related to such discrepancies.	1. Mistakes in payment requests, such as incorrect amounts or overdue accounts, may result in financial loss or penalties. 2. Customers bear the responsibility for resolving any disputes or discrepancies with merchants, payees, or billers directly. 3. Failure to comply with payment requirements, guidelines, or procedures may lead to rejected payments or additional charges.	Following these instructions enables customers to conveniently manage bill payments through the Bank, ensuring timely transactions and resolving discrepancies promptly for smoother financial interactions.	The bank is responsible for processing payment requests accurately and promptly, within the specified timelines.

 

Annex B: Fees and Charges

 

1. Fund Transfers fees and limits:

 

Particular	Fees / Charges	Minimum Limit	Maximum Per Day	Maximum Per Transaction
Own Account	None	PHP 100	No Limit	PHP 100,000
Intra Bank Fund Transfer	None	PHP 100	PHP 500,000	PHP 100,000
Inter Bank Fund Transfer	PHP 25.00	PHP 100	PHP 500,000	PHP 200,000

*Subject for transaction monitoring based on the profile/information based on customer application form

 

2. Bills Payment Fees.

 

1. Fees will be ON TOP of the customer's payment.

2. Fees and Charges may vary and may change based on the biller provided by the third-party vendor.