Terms and Conditions
Hello! You are here because we need you to agree to the terms and conditions for using your Komo Mobile App, your Komo Savings Account, and your Komo Visa Debit Card. We encourage you to read through this so you know what exactly you’re getting into.
Don’t worry, although this is a legal document between you and East West Rural Bank, Inc., we want to get rid of any legal jargon and make this easy to read and understand.
Before we start, please note that every time we mention “we”, “our”, “us”, the “Bank”, “East West Rural Bank”, “EWRB”, and “Komo” in this document, we are referring to East West Rural Bank, Inc. The terms “you”, “your” and “yours” refer to any person who has an account or opens an account with East West Rural Bank.
What is Komo?
Komo is a product of East West Rural Bank, Inc., a wholly owned subsidiary of East West Banking Corporation.
East West Rural Bank, Inc. and East West Banking Corporation are banking entities. They are regulated by the BSP, AMLC, and SEC, among others, and are each a member of PDIC.
East West Banking Corporation is also a publicly listed company in the Philippine Stock Exchange and is regulated by the same.
How do you open a Komo Savings Account?
Collection, Verification, Storage of Personally Identifiable Information
To help in the fight against money laundering and terrorist financing, we need to collect, verify, and store information that allows us to identify each person who opens an account with EWRB. For this reason, when you apply for an account, we will ask for information that will allow us to identify you.
We will also ask for information that will allow us to determine your US Foreign Tax Residency Status.
Depending on the circumstances and results of the information collection and verification, we may ask further information from you and other clarificatory questions regarding your personal information by requiring you to resubmit your details or undergo a video call interview with our staff.
Minimum Requirements to Open a Komo Savings Account
For you to be able to open a Komo Savings Account, you must be an individual of at least eighteen (18) years of age, a resident* and citizen of the Republic of the Philippines, have a valid Philippine mobile number, and have at least one (1) government-issued identification document**.
You must provide the following personal information and documents, and any other details we may request and require from you to verify these information and documents.
Date of Birth
Place of Birth
For us to collect some of your personal information and documents, you must allow the Komo Mobile App to have access to your mobile device’s camera.
To keep your information with us relevant and up-to-date, you must notify or provide us with any changes to your personal information and documents, or you must allow us to require you to update such information and documents from time-to-time, as required by relevant laws and regulations.
*For the purpose of this document, an individual is considered to be a resident of the Philippines if he or she has a permanent verifiable address in the Philippines.
**Current acceptable Philippine IDs are: passport issued by the DFA, driver’s license issued by the LTO, UMID issued by SSS/GSIS, SSS ID, PRC ID, TIN ID issued by BIR, Postal ID, and Voter’s ID issued by COMELEC.
You must declare that all personal information and documents you have submitted or will submit to us are accurate, truthful, and up-to-date.
FATCA and US Foreign Tax Residency Status
You must identify yourself as a US Person defined under the FATCA if you are one, during the account opening process. If you do not identify yourself as a US Person, we will treat you as a non-US person. You are responsible in telling us accurate and truthful information about your foreign tax residency status. Any failure to accurately and truthfully inform us that you are a US person may lead to penalties under US tax law.
If you identified yourself as a US person, we may not process your application until further notice.
If after opening an account, you become a US Person, you must notify us within thirty (30) days of such change by providing us your US Tax Identification Number.
What is a Komo Savings Account?
All Komo Savings Accounts are opened only for the sole use of the individuals who have completed and passed the onboarding process. No account will be opened for those who have not completed and passed the onboarding process nor for the benefit of another person. For those who do not pass the onboarding process, we may or may not tell you the reason for the disapproval.
A Komo Savings Account entitles you to the following, the details of which will be discussed in the succeeding sections
Use of all features and services of the Komo Mobile App
Fund transfer (to and from your account)
Visa debit card
How do you use the Komo Mobile App?
Use of the Komo Mobile App involves the transmission of information through the Internet.
Downloading and accessing the Komo Mobile App is not the same as opening a Komo Savings Account.
The Komo Mobile App is your main access point to your Komo Savings Account, where you can check your balances; check your transactions; initiate fund transfers to your own accounts with East West Bank and East West Rural Bank, to your own accounts with other Philippine banks, to third party accounts with Komo, to third party accounts with East West Bank and East West Rural Bank, to third party accounts with other Philippine banks.
The branches of East West Bank and East West Rural Bank may deny you of over-the-counter services regarding your Komo Savings Account, which may include the following transactions: 1) all types of deposits, 2) all types of withdrawals, 3) balance inquiries, 4) statement of account generation, among others.
Registration and Access
When you download and open the Komo Mobile App for the first time, you will be asked to open a Komo Savings Account by completing our onboarding process. During the onboarding, you will need to register your mobile phone number by using a One-Time-PIN or OTP. You will also need to nominate a six (6)-digit passcode. Once both your mobile phone number and passcode are registered, your mobile device will be registered with us and the Komo Mobile App will be bound to the registered mobile device. This is a security feature that ensures that only you can have access to your Komo Mobile App.
Upon your completion of the onboarding process and once we approve your application, you will be given a Komo Savings Account and you will be able to fully use all the features and services of the Komo Mobile App.
Once registered, you may access the Komo Mobile App anytime by inputting the 6-digit passcode you nominated during onboarding. If you forgot your passcode, you may reset it in the Komo Mobile App. You may change your 6-digit passcode anytime through the Komo Mobile App.
You may only access the Komo Mobile App through the registered mobile device. Only one mobile device may be registered to access the Komo Mobile App. You may change your registered mobile device through the Komo Mobile App.
Your access to the Komo Mobile App will be suspended for a set period if you enter the wrong passcode three (3) consecutive times. For every failed attempt after the first three (3), your access to the Komo Mobile App will be suspended for a set period that is longer than the previous. You will be able to regain access once the suspended period lapses and you are able to provide the correct passcode.
What are the Komo Fees and Charges?
Fees and Charges
We will charge you with our current fees and charges for products and services that you avail yourself of. Below is our list of services and their corresponding fees:
The schedule of fees and charges may be found posted in our website or in our mobile app. We may be charged by other financial institutions or entities as a result of any Bank product or service that you may use. We will debit the appropriate account with the amount of tax, fee, charge or expense payable by you.
Please note that our fees and charges are subject to change from time to time with notice to you in accordance with the Amendments Clause of these Terms and Conditions.
Debits to Account
We may debit, without need of prior notice to you, your account/s for all applicable taxes, fees, duties, penalties and other charges due to us or as may hereafter become due at the rate and in the manner provided by applicable laws and the rules and regulations issued by the Bureau of the Internal Revenue (BIR), BSP or any government authority.
Costs and Legal Fees
You must also recompense us for costs incurred in our effort to recover amounts that you owe us. These include but are not limited to collection fees and attorneys' fees. You agree to indemnify us for attorneys' fee of at least ten (10) percent of the amount due plus accrued interest. Should you be unable to pay, these costs and fees will be charged against your account.
What is a Komo Debit Card?
We will be issuing you a Komo debit card. A debit card (hereto referred as the Card) is a card linked to your deposit account with us that allows you access to your deposited funds 24/7 through withdrawals, purchases and other transactions done through the internet, ATMs or Point-of-Sale (POS) terminals. Debit cards may either be automatically supplied with certain deposit accounts of the Bank or supplied upon your request.
Installment transactions using the debit card will only be allowed at Point-of-Sale (POS) if the available funds in your linked deposit account are sufficient to cover for the full purchase price of the item/ service being purchased. Should your available funds be insufficient, the transaction will be declined. Installment transactions will be paid in the prescribed installments (e.g. equal, successive, staggered, monthly, semi-annually, etc.), in the amount and for the tenor indicated in the installment application form or installment sales slip. The first monthly installment due shall be debited from your deposit account immediately upon completion of the installment transaction. The remaining installment balance will be put on hold in your deposit account until succeeding installments become due, are debited against and fully consume this hold amount.
The Card is issued for your use only, subject to these Terms and Conditions as well as the Card's security features in connection with facilities that we make available from time to time at our absolute discretion, primarily: (i) cash withdrawal; (ii) the payment for purchases of goods and/or services; and (iii) installment facilities subject to requirements of and pre-arrangements that we make. The Card shall not be used for any prohibited or unlawful transactions under any applicable law.
We have the sole discretion to issue the Card, which remains our property. The Card is not transferrable, and you shall be responsible for the Card from receipt thereof. The Card shall remain valid until the last day of the month indicated thereon, unless otherwise suspended or terminated. You will immediately surrender the Card to us upon request. Unless earlier terminated or cancelled, the Card shall automatically be renewed and replaced before its expiry date. We reserve the right to collect fees from you in relation to card replacement.
Cards and Access Codes Security
You are responsible for the care and control of the Cards that we issue to you. You shall treat and handle such Cards as "cash." You are likewise responsible for ensuring the security and confidentiality of Access Codes that allow you access to and control of your accounts maintained with us. The following are collectively termed as Access Codes:
CIF Number - a unique set of numbers assigned to your Komo account to identify you as a user in our system(s)
Account Number – a set of numbers assigned to your deposit savings account to identify it in our system(s)
Card Number – a set of numbers assigned to identify your card in our system(s)
CVC or CVV – Card Verification Code or Card Verification Value. A three or four-digit code found at the back of your debit/prepaid card that provides a cryptographic check of the information embossed on your card. This code helps ascertain that a customer transacting via any alternative channels actually possesses the credit/debit card and that the card account is legitimate. Each credit card company has its own name for the CVV code, but it functions the same for all major card types.
Password – an unspaced sequence of characters used by our system(s) to identify a user who is authorized to transact and gain access to any account maintained with us.
Passcode – similar to a "password", a passcode is also an unspaced sequence of numbers used by our system(s) to identify a user who is authorized to transact and gain access to any account maintained with us.
One Time Password or OTP – a numeric code sent to a registered mobile number via SMS as a secondary mechanism of identifying users who are authorized to transact and gain access to any account maintained with us.
At any given time, you should take every reasonable precaution to maintain the confidentiality and security of your Cards and Access Codes by:
Keeping possession of your Cards at all times
Never keeping a written record of your Passwords, Security Questions and Answer, and PINs
Avoiding Passwords and PIN combinations that may be easily determined by others such as sequential numbers, repetitive numbers, your name, birthday, phone number, address, SSS numbers, etc.
Not disclosing or not leaving any trace of your Access Codes to anyone else, including but not limited to family members, friends, Bank employees or law enforcement agencies
Ensuring that no one sees your Access Codes while you are keying it in or logging into any of our Alternative Channels Banking Facility.
Keeping your app version updated to ensure the latest security measures are in place
Making sure to use a secure internet connection when using the Komo mobile app.
You should notify us immediately if:
Your Card is lost or stolen or if you suspect that it is lost or stolen or someone else has used it.
Your Access Codes have become known to someone else or you suspect that it has become known to someone else or that your Access Code/s have been compromised.
Delivery of Debit Card
The physical Card will be delivered within five (5) working days upon activation of account. Delivery will be coursed through a Bank selected courier within the SLA and processes specified. Expediting of delivery is not allowed, and status of delivery can be tracked in-app. The debit card will be delivered to the address you specified upon account creation. We do not allow a change in address for card delivery specifically. You are required to collect the card personally. If you are not available, a representative may collect the card, but this requires an authorization letter and a copy of the ID you submitted upon account creation, as well as a copy of the valid ID of the representative. Once you receive the card, you can activate this through the mobile application.
Cards may be ordered through the Komo mobile app if you require a replacement card. Card delivery may be through courier delivery at your latest mailing address per our records. You agree to have us debit your deposit account for the cost of Cards reordered on order date. Should the available funds in your concerned account be insufficient to cover for this cost, we reserve the right to reject your request for debit card replacement delivery. You further agree that if you are to nominate a representative to claim your requested Card(s) upon delivery, said representative should have a letter of authorization from you, together with your valid ID and that of the representative.
You agree to hold us free and harmless from any and all claims and liabilities and undertake to reimburse/ indemnify us for all such costs, payments, damages and expenses which we may be liable for or which we may incur or have incurred by reason of our implementation of your Card delivery. You further undertake to notify us promptly in writing of any change in the conditions which give rise to your request for Card delivery.
Card expiration, renewal, and activation
Card Expiration. The card is valid from the date of issuance until the last day of the month indicated on the face of the card or until the expiration date communicated by the Bank, as applicable; except in the following instances: (1) if card was voluntarily cancelled or returned by the Cardholder; (2) if card was terminated by Komo prior to such date. Transactions using an expired card is not allowed. Depending on the features of the card product availed, the remaining funds on an expired card may no longer be redeemed by the Cardholder.
Card Renewal. A Cardholder may request for card renewal, depending on the features of the card product availed. The Bank reserves the right to issue a renewal card with its corresponding applicable fees.
Card Activation. Activation of your Card is subject to our activation policy and procedures. We reserve the right to decline your Card activation request without any obligation to disclose the reason therefor, unless required by law or regulations. You shall hold us free and harmless for any claim arising from the non-activation of your Card.
ATM Network and International Transactions
You understand that the Card may be used in our ATMs/POS terminals and in the ATM/ POS terminals of the ATM network participants. You understand that we do not have control over the participants of the ATM network through which you may access your account/s, their ATMs and their procedures or controls in regard to data/information processing. Hence, we shall not be liable for any loss or damage of whatever kind or nature that you incur as a result of or in connection with (1) your inability to use or delay in the use of your Card or inability to avail yourself of or delay in the availability of any ATM service due to disruption, breakdown or failure of the ATM or other networks, communication facilities linking the same, or (2) unauthorized or fraudulent access or utilization of your Card or any ATM service. You understand and agree that transactions coursed through any of these networks shall be subject to transaction fees as determined by us and the ATM network participants through which the transactions are coursed.
We have existing agreements with our correspondent banks and card networks (e.g. VISA, MasterCard, etc.) abroad. This allows you to make withdrawals and/or payment transactions with the use of your Card in ATMs/POS located in other countries, from your or involving your account with us. Any withdrawal or payment transaction that you make outside the Philippines through the use of your Card against your said account constitutes a disbursement from said account and a remittance to the country where the withdrawal or payment transaction was effected. These transactions will therefore be subject to the applicable laws, government rules and regulations of both the Philippines and the country where the withdrawal or payment transaction was made. Cash withdrawals or payment transactions outside the Philippines using your Card will be in the currency allowed by the institution that owns the ATM/ POS terminal from where the withdrawal/payment transaction was made and up to the maximum amount permitted by and subject to other limitations imposed by that institution. Cash withdrawals or payment transactions are also subject to any exchange controls, regulations or limitations in effect in the country where the ATM/POS terminal is situated and will be converted at the exchange rate in effect on a date determined by us, which may be different from the date when you perform the transaction. Transactions shall be subject to transaction fees as determined by both us and the international network through which the transaction was coursed. Such transaction fees shall also be subject to the exchange rate in effect on a date determined by us, which may be different from the date when you perform the transaction. Should there be a need to reverse a foreign currency transaction, you agree that you will be responsible for any cost and absorb any loss or gain, or charges associated with the currency exchange and we may charge any of these costs to your account.
We have agreements with different international credit card corporations whereby your Card bearing the logos/labels of such corporations shall be honored at all their accredited establishments worldwide at all times. However, we shall not be liable to you if, for any reason, any of their accredited establishments do not honor your Card. You agree to hold us free and harmless from any and all claims or liabilities as a result of the refusal of any accredited establishment to honor your Card.
Card Suspension or Termination
Client-initiated Card Suspension or Termination. The fastest way to terminate or suspend the use of your Card is through the mobile application. If you use other channels, such as the hotline, we will, on a best efforts basis and to the extent practicable, immediately effect the requested cancellation or termination. You will remain responsible for any transaction made on your account(s) until the time that we effect the termination or suspension of the use of your Card.
Bank-initiated Card Suspension or Termination. We may terminate or suspend the use of your Card at any time, with or without notice to you and without us incurring any liability as a consequence of such termination or suspension, if:
You have breached these Terms and Conditions;
If, in our reasonable opinion, your account is mishandled as determined pursuant to our existing policies and procedures, or if your account or your Card is being used for any unlawful or illegal activity or transactions;
In case of closure, termination, suspension, garnishment, hold-out or other similar restrictions on your account
If we have reason to believe that your Card or account has been compromised or that there has been fraudulent or unauthorized use of your Card or account or any information pertaining thereto; or
We consider that there exists other reasonable ground/s to do so.
Liabilities beyond Card Termination. These terms and conditions and any and all of your accrued but unpaid obligations to us will survive the termination of your right to use your Card.
Transaction Corrections and Reversals
You further authorize us, our employees, and our representatives, to effect correction or reversal of any confirmed error or misposting on the account without us incurring liability as a consequence thereof.
DISCLOSURE OF OUTSOURCED ACTIVITIES
The Bank provides a wide range of financial services to our clients around the country through our stores, subsidiaries, and affiliates. As part of the continuous review of our ability to offer to our clients, comprehensive, efficient and consistent services, we may outsource certain activities to its parent company, stores, affiliates or to external service providers (collectively, the “Service Providers”), who may be based in locations outside the jurisdiction of any branch of EWRB that is providing a service to you.
The outsourced activities will include, subject to restrictions and compliance with the requirements of laws, rules, or regulations, but are not limited to:
identification and on-boarding of Clients; executing payment and other financial transactions, recording and financially settling services, products and materials delivered to and from EWRB, including communication with clients involved in contracts (e.g. beneficiaries, intermediaries); and
business process execution; internal management reporting and analysis; creation of global view of clients; conducting internal audits and investigations; finance and accounting; implementing business controls; IT security and services; provision of central processing facilities for efficiency purposes; and document archiving and storage.
EWRB has implemented technology risk standards and other internal controls and procedures to maintain the integrity and confidentiality of your information. EWRB will impose on its Service Providers a contractual obligation of confidentiality in relation to all information they may receive in conjunction with the outsourcing, which will be effective and enforceable under applicable laws, rules, or regulations. EWRB is committed to protecting the integrity and confidentiality of the Client Information and will closely monitor the outsourcing arrangements on an ongoing basis to protect the interests of our clients.
DATA PRIVACY STATEMENTS
EWRB is committed to safeguarding your privacy online. Whenever you apply for or use our services, we collect information from you. We then use this information to provide you with better and secure service.
Any information you provide will be used for the Bank's purposes only. It will not be shared with individuals or other companies, such as direct mail organizations or other third parties, unless required by law. However, EWRB may need to provide information to accredited third party service providers that the Bank uses for delivering specific services to you.
EWRB is required by law and regulation to collect and retain your personal data for us to establish a banking relationship with you. Furthermore, for us to perform relevant process to maintain such relationship, we will use, store, share, and dispose your personal data when reasonable and necessary.
You share your personal data with us when you register and open an account, use our mobile application, or contact us.
What personal data about you do we collect?
We collect the following personal data from you:
Personal Identifiable Information or are data that allows us to identify you. Examples of these are your name, your date of birth, your biometrics such as facial photograph, your identification documents, your contact details, your mobile or PC’s IP address or unique identification number.
Transactional and usage information or data related to your account and usage of our mobile application and your debit card.
Recordings of voice and video calls with our customer service agents.
How do we use your personal data?
When you open an account with us, we will use your personal data to validate your identity and determine whether you are an acceptable customer.
We will use your personal data to authenticate and validate your interactions with us, such as whenever you access our mobile application, use your debit card, call our customer service, among others, to prevent unauthorized access and use of your account.
How do we protect your personal data?
Our digital banking services are served and hosted on secure servers. This means that, every time you access the mobile app and any information you submit, all transmission between your mobile phone and our servers is encrypted. In the unlikely event that the transmission is intercepted, it will not be usable by anyone who does not have our encryption key. Your peace of mind and the safeguarding of your information is a top priority for us.
We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
We require you to use a unique passcode through your registered mobile phone, that has a unique digital ID only it can provide, to access your account and transaction information through the mobile application.
We keep and protect your personal data using a secured server behind a firewall, deploying encryption on computing devices and physical security controls.
We restrict access to your personal data only to qualified and authorized personnel who hold your personal data with strict confidentiality.
We encrypt your access credentials such as your passcode and PIN so that no Bank personnel or outside parties has visibility over it.
We automatically end your mobile banking session after a certain period of inactivity to avoid unwanted access in case the mobile phone is left unattended.
To achieve the above, we collect and analyze non-identifiable data, including:
Your internet protocol (IP) address;
The date and time you accessed the mobile banking application, including frequency of logins, last login date, and failed login attempts; and
Your mobile operating system.
You can help us in further protecting your data through the following means:
Do not share your Passcode and PIN with anyone.
Do not use any number combination in your Passcode or PIN that can be identified to you (e.g. birthdate, telephone number, zip code, etc.).
Ensure that no one can see your screen or keypad whenever you input your Passcode or PIN.
Change your Passcode and PIN on a regular basis.
Always close the mobile application or log off after using it.
Delete or uninstall the mobile application when you intend to sell or transfer the ownership of the mobile phone to someone else.
Who do we share your data with?
We have entered into an agreement with our parent company, East West Banking Corp., in which all information technology systems and infrastructure shall be shared by both companies. Only authorized personnel of both companies are allowed access to your data, and only if such access is done for the purpose of providing you the banking service you have opted for.
During customer onboarding, we share some of your data with our solutions partner for the sole purpose of validating the authenticity of your identification documents. The agreement between us and our partner allows them to only process your data through electronic methods. This means that our partners have no authority to store, share or disclose your data with any other party, and that the data shared with them must be machine-readable only.
Where and how long do we keep your personal data?
We reserve the right to retain your personal data in our servers in the Philippines, or in our cloud servers in the South East Asia and East Asia regions, on certain circumstances such as when your personal data may be necessary to resolve disputes, or if we are required to do so by law or in good faith, provided that such action is necessary to comply with a legal obligation and/ or protect and defend the rights or property of the Bank or its affiliates. If East West Rural Bank is required to retain any portion of your personal data for such purposes, it shall use reasonable efforts to limit such data to what is necessary to accomplish the particular purpose.
Oversight or Questions
The Bank welcomes comments and questions on this Privacy Statement. As stated above, we are dedicated to protect your privacy and will make reasonable effort to keep your information private and secure. Due to the rapidly evolving changes in technology, we may update this Policy Statement and all revisions will be posted here or on our website. If you have any questions or comments regarding our policy, you may reach us through our “Contact Us” menu in the mobile banking application or on our website: https://www.komo.ph.
Controlling Your Personal Information
You may choose to restrict the collection or usage of your personal data in the following ways:
Whenever you are asked to fill in a form on the website, look for the box that you can tick to indicate that you do not want the information to be used by anybody for direct marketing purposes;
If you have previously agreed to us using your personal data for direct marketing purposes, you may change your mind at any time by writing to or emailing us at ; or
We will not sell, distribute or lease your personal data to third parties unless we have your permission or are required by law to do so. We may use your personal data to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.
You may request details of personal data which we hold about you under the Data Privacy Act of 2012. A small fee may be payable. If you would like a copy of the information held about you, please write to us: Komo PH, 5th Floor, The Beaufort, 5th Avenue corner 23rd Street, Bonifacio Global City, Taguig 1634.
If you believe that any information we are holding about you is incorrect or incomplete, please write to or email us as soon as possible at the above address. We will promptly correct any information found to be incomplete or incorrect.
Our contact details are as follows:
Data Protection Officer
G/F East West Bank Building
2264 Pasong Extension,
You may also lodge a complaint before the National Privacy Commission (NPC). For further details, please refer to NPC’s website: https://privacy.gov.ph/mechanics-for-complaints/.
Any action to a request for correction, erasure and/or objection to process your personal data as it appears in our records is subject to applicable laws and/or the DPA, its IRR and other issuances of NPC.
You agree to be liable for all transactions made using the Komo Mobile App and for any loss or damage due to any of the following:
Fraud, deliberate action, or gross negligence on your part;
Instructions or transactions which are identified by any use of your mobile phone, your mobile number and/or security passcodes, except when the same resulted from the breach of your security passcode or the loss of your mobile phone and the transaction occurred after you have informed us of the breach of your security passcode or the loss of your mobile phone. You shall hold EWRB free and harmless from any liability for EWRB’s reliance on account number matching for electronic payments, and the account number/s you have provided;
Fraudulent, improper or unauthorized use of the Komo Mobile App or your security passcodes and the transaction or loss occurred before you notified us of the loss, theft or misuse of your security passcode or mobile device;
Any damage to your mobile phone, related facilities, or software as a result of access to the Komo Mobile App, or through your card number, or security passcodes;
Access through your mobile number, mobile phone and/or security passcodes, when it is prohibited, restricted, delayed, or otherwise affected by (i) any law or regulation of the country from where Komo Mobile App is accessed, or the Terms and Conditions of the internet or information service provider in that country of access; or (ii) any law or regulation of any jurisdiction, regional or international authority which governs any use of any component of the Komo Mobile App, any relevant internet or information service provider or system;
Any act or omission of any relevant internet, information, or network service provider occasioned by access through your mobile number, mobile phone and/or security passcodes;
Any modification, alteration, upgrade, or termination of the Komo Mobile App occasioned by access through mobile number, mobile phone and/or security passcodes;
Any delay or failure in any transmission, dispatch or communication facilities;
Your failure to update your contact information with EWRB (subject to existing laws, rules, and/or regulations), and other factors outside of EWRB’s control, and your failure or inability to access your EWRB accounts as a result thereof;
Any third party, whether authorized or not, obtaining information on your accounts disclosed in the notifications/messages by accessing your account or mobile phone;
The acceptance of deposits to the account/s or the processing of any transaction applied for or requested by you or pursuant to your instructions, or for not honoring conflicting instructions issued by you or for closing any account/s under the circumstances provided herein, including losses or damage relating to any secrecy laws or regulations (if any), should any of your account information be viewed or accessed by any persons other than you, as a consequence of your negligence;
EWRB's failure to perform any of its obligations with respect to any product or service offered to you if such performance would result in a breach of any government requirement or if its performance is prevented, hindered or delayed by a force majeure event; in such case, its obligations will be suspended for so long as the force majeure event continues (neither shall another EWRB branch or affiliate become liable). Force majeure events includes restrictions, involuntary transfers, unavailability of any communication, clearing or payment system, sabotage, fire, breakdown in computers and communication facilities, computer-related errors, prolonged power outages, typhoon, flood, explosion, acts of God, economic sanctions, government requirements, civil commotion, strikes or industrial action of any kind, riots or any public disturbances, insurrection, war or acts of government or similar institutions; or
Any action taken by EWRB to comply with the U.S. Foreign Account Tax Compliance Act, the Common Reporting Standard, economic sanctions, or government requirements (neither shall another EWRB branch, subsidiary, nor affiliate becomes liable).
Your liability based on the above circumstances shall survive the termination or suspension of your account or EWRB’s services.
Limitation of Liability of EWRB
If EWRB is found liable for any act or omission for any reason whatsoever, EWRB’s liability shall be limited to actual proven damages. We shall not be liable to you for any indirect, special, or consequential loss or damage arising in any way out of the use of the Komo Mobile App. You shall hold EWRB free and harmless from any liability for EWRB’s reliance on account number matching, and the account number/s you have provided. All obligations hereunder are payable solely at the Manila Branch of ING Bank N.V., subject to the laws of the Philippines (including any governmental actions, orders, decrees and regulations).
Upon the closing or termination of your accounts, EWRB shall have no liability for any claims and demands arising from the closing or termination or, if applicable, the dishonor of any check presented to EWRB after the closing of the accounts. Your waiver applies to any claim arising from the exercise of EWRB’s responsibility to report the closing of your account and the reasons therefor to the BangkoSentral ng Pilipinas (BSP), Bankers Association of the Philippines (BAP), Philippine Deposit Insurance Corporation (PDIC), Anti-Money Laundering Council (AMLC), and such other relevant government regulatory bodies or agencies.
Waiver of Rights
Time is of the essence and no failure or delay on the part of EWRB in exercising any of its rights, powers, or remedies accruing upon your breach or default shall be a waiver of any subsequent breach of any other right, power, or remedy. Any waiver, permit, consent, or approval of any kind or character for any breach shall be effective only up to those specifically set forth in the written notice.
In case of over credit, erroneous credit, failure to debit, erroneous debit, mis-posting, or any error in transaction involving any amount, (any and all of which shall be referred to as “Amount/s Due to BANK”) to your account as appearing in the records/books of EWRB, and for whatever cause such as but not limited to systems error, error in communication facilities, you agree and undertake to immediately return to EWRB the Amount/s Due to BANK without need of notice or demand, plus any and all expenses, costs and damages which EWRB may have incurred, including penalty interest at EWRB’s then prevailing loan rate based on the Amount’s Due to BANK, in connection with the enforcement of EWRB’s right to recover and collect the Amount/s Due to BANK. For this purpose, you irrevocably authorize EWRB/its representatives to effect the debiting of funds from account to the extent of the Amount/s Due to BANK, without need of further act and deed, and without EWRB/its representatives incurring any liability as a consequence thereof. This is without prejudice to the exercise by EWRB of its right to enforce full recovery and collection of the Amount/s Due to BANK, in case your account cannot be debited for any reason such as but not limited to insufficient balance, as well as the exercise by EWRB of the legal remedies to which EWRB may entitled to under the law and these Terms and Conditions, including but not limited to immediate cancellation or suspension of the relevant Account/s, civil, criminal, and/or administrative remedies. Pending full recovery or collection by EWRB of the Amount/s Due to BANK, you shall hold the said amount in trust for EWRB. Your failure to account for and return the Amount/s Due to BANK shall give rise to a prima facie presumption of misappropriation or conversion with intent to defraud, on your part.
No contracts entered into in connection with your accounts nor the rights, duties and/ or obligations contained in this agreement may be assigned by you. However, EWRB may assign or novate this agreement, either in whole or in part, to an affiliate or to a company succeeding to the interest EWRB by reason of merger, sale, or reorganization. You agree to execute the documents or powers of attorneys necessary to give full effect to the authority or powers conferred upon EWRB.
Anti-Money Laundering Act
You authorize us to make the necessary verifications, records, reports, submittals, and other processes, as well as to perform such acts for the purpose of complying with the Anti-Money Laundering Act (Republic Act No. 9160, as amended), its implementing regulations, and other laws or rules regulating your accounts and you hereby waive your rights under Republic Act No. 1405, as amended, Republic Act. No. 6426, as amended, Section 55.1 of Republic Act No. 8791 and other applicable laws or regulations in this regard.
You agree to indemnify us against any losses and claims in connection with the above. We, our owners and our employees will not be liable for any direct or indirect loss incurred by you or any person (including loss of anticipated income or interest payment) if such loss resulted fully or partially from our fulfillment of the requirements related to AMLA.
Rights, Privileges, and Remedies
No Implied Waiver. The exercise of the rights, privileges, and remedies in any agreement with you shall be at our discretion and option. Our acceptance of payment for any deposit or bills or any part thereof after any due date shall not be considered as extending the time for such payments or as a modification of the conditions thereof.
No failure, omission, or delay on our part in exercising any of our rights, privileges and remedies shall operate as a waiver thereof. No modification or waiver of any provision or consent by the Bank shall be effective unless the same is reduced to writing.
Tolerance, neglect or waiver by us in the enforcement of these Terms and Conditions shall not preclude us from thereafter strictly enforcing the same.
Notice. Your non-receipt of notice after the bank has exhausted all possible means of contacting you through your chosen mode of notification as among the contact details you provided the bank shall not relieve you from the effect of such notice.
Document Authenticity. Where any suspicions arise as to the authenticity of documents, we will be entitled to send such documents to the respective authorized body of expertise to prove authenticity. Any and all costs incurred for such authentication shall be for your account. We will not be liable for any loss that you incur due to the delay caused by such actions.
Right to Refuse Documents. We reserve the right to refuse documents that you present or submit to us for any bank transaction so long as these differ from the ones we approved and use.
Suspension or Termination of Account or Service. If you fail to observe and comply with these Terms and Conditions, as well as any supplement thereto which forms an integral part of our agreement, we may suspend or terminate your account or service without notice. We may close your account in case your account is improperly handled, such as by using it to perpetrate fraud or illicit activities. In case we suspend, close or terminate your account or our services, you agree to hold us completely free and harmless from any and all liabilities, claims and demands arising from the suspension, closure, or termination.
Cancellation of Agreements. We reserve the right to discontinue providing any product and/or service to you and/or refuse to provide you with any product and/or service without need of prior notice. The discontinuance of any product or service notwithstanding, you will, in all cases, not be relieved of your obligations to us until all amounts owed to us have been paid in full including any interest, service charges, penalties, fees or costs that may be due to us.
Liability Limits. We will not be liable for any loss, damage (including special, indirect or consequential damages) or delay resulting from any force majeure circumstance including failure, error, malfunction or inaccessibility of any of our systems and machines.
Civil Code Article 1250. The provisions of Article 1250 of the Civil Code of the Philippines shall not be applicable.
Separability Clause. In the event any provisions contained herein shall be declared void or invalid, such declaration shall not affect the validity of the other provisions.
We may change any of the provisions in these Terms and Conditions and the fees and charges of our products and/or services from time to time. This includes changes to our interest rates, service fees, card replacement fees, and all other fees, charges, or earnings related to owning and using a Komo account. We shall notify you of such changes and you shall be deemed duly notified of such changes if we send notice through any of the following means, at our sole discretion: (i) mailed and/or emailed notices (sent to your mailing or email addresses indicated in our records), (ii) notices posted at our branches or (iii) notices in our website.
COVERAGE OF THE TERMS AND CONDITIONS
Subject to all applicable laws, regulations, and/or issuances, these Terms and Conditions apply to all accounts whether existing now and/or to be opened hereafter.
Governing Laws, Rules, and Regulations
The Terms and Conditions shall be governed by and construed in accordance with the applicable laws of the Republic of the Philippines and by EWRB’s charter documents, regulations, policies, and practices which shall be brought to your attention by publication, display, advertisement, posters including posting on EWRB’s website or otherwise, by electronic mail, facsimile transmission or by such other electronic transmission including short messaging service or similar means of delivery and you submit to the non-exclusive jurisdiction of Philippine courts.
In all cases not specifically provided for in the foregoing or otherwise by agreement between the you and EWRB, the usual customs and procedure common in banks in the Philippines, taking into consideration to channel and nature of the facility used, shall exclusively govern all transactions between the you and EWRB, with regard to your Komo account. All circulars, rules and regulations and guidelines of the BSP, PDIC, AMLC and such other regulatory bodies on, among others, deposit accounts/investment placements shall form part of and shall be deemed incorporated by reference into these Terms and Conditions. You also agree that all the Accounts and such other products, services, facilities and channels shall likewise be governed by all applicable circulars, rules and regulations of the BSP, PDIC, AMLC and such other relevant government regulatory bodies or agencies.
EWRB is supervised by the BangkoSentral ng Pilipinas.
You may also call or email the BSP’s Financial Consumer Protection Department at (632) 708-7087 or firstname.lastname@example.org.
Annex A: List of third-party(s) to which we share your personal data