1. GENERAL PROVISIONS:
  1.1. DEFINITIONS

       – Cebuana Lhuillier Rural Bank (“CLRB” or the “Bank”) – A rural bank duly registered with the Bangko Sentral ng Pilipinas (BSP) and licensed as an Electronic Banking and Electronic Money Issuer.

• • • Cebuana Lhuillier Pawnshop (or “Cash Agent”) – is the accredited 3rd party service provider of the CLRB.
    • Deposit Account – This refers to interest- or non-interest-bearing deposits which are withdrawable upon demand thru available bank channels.
    • Micro Savings Account – refers to an interest bearing deposit which is linked to the 24k Cebuana Card or other proprietary card that may be issued by CLRB which may be accessed thru its channels such as but not limited to Cash Agents. Should the Client exceed the maximum balance of PHP50,000.00, the Bank shall convert the basic deposit account to a regular deposit account thus the terms and conditions for regular deposit accounts shall apply.
    • e-Money Account – An account that stores Philippine Peso (Php) value which resides in the e-Money system. It may be linked to the Account Holder’s electronic device such as mobile phone and which may be evidenced by a physical 24k Cebuana Card or other proprietary card that may be issued by CLRB
    • Know Your Customer (KYC) – is a process to establish the full identity of individuals looking to transact with a financial firm, which is usually done by requiring identification cards from a client as required by the Bangko Sentral ng Pilipinas (BSP).
    • Personal Identification Number (PIN) – a personalized digit code used to access the account and make transactions.
    • Cebuana Lhuillier 24K Card (or “24k Card”) – a valid and unexpired rewards card issued by a Cebuana Lhuillier Pawnshop or Cebuana Lhuillier PeraPadala outlet to qualified clients who become entitled to exclusive privileges, discounts, freebies, and special service offerings. It is non-transferable and must be presented only by bonafidecardholders

1.2 THE AGREEMENT

 – This Agreement governs the relationship between the Client and the Bank.. The Bank may enact, modify or amend these terms and conditions, from time to time, as are customary in the conduct of the banking business or are in its judgment necessary for the protection of the Client and the Bank.

1.3 CLIENT INFORMATION

 –The Client hereby warrants that all information pertaining to his/her identity and personal circumstances are true and correct. The Client hereby allows the Bank to verify said information. Further, the Client confirms, declares and acknowledges that the mobile phone number and e-mail address provided to CLRB are owned/under the control of the Client and that, any communication made from and to the said mobile number and/or e-mail address shall be automatically treated by CLRB to be directly coming from the Client, unless otherwise advised in writing. The Client shall update, whenever required by the Bank, information provided during account opening, such as address, mobile phone number and email address and shall notify the Bank immediately, in writing, of any change in his/her contact details and information. The Bank shall hold these details as true and complete in the event that no update is given unless otherwise advised in writing.

1.4 RECORD OF TRANSACTIONS

 – The Client is responsible for verifying the e-Money and/or Deposit transaction history details and records to make sure that there are no unauthorized transactions. The Client should likewise review and reconcile transaction records/details for any errors or unauthorized transactions promptly and thoroughly.

1.5 ACCOUNT AND CARD SECURITY

 – The Client shall be responsible for the security of his/her 24K Card or other proprietary card that may be issued by CLRB and for the maintenance of his/her PIN and/or online password. The Client acknowledges that his/her PIN and/or password are known only by him/her, and not by anyone else, nor by the Bank or the Cash Agent. The Client shall be responsible for all transactions processed through the use of the 24K Card (or other proprietary card issued by the Bank) and the PIN and/or password whether or not the transactions were made with the Client’s knowledge or authority. The Client shall hold the Bank, the Cash Agent, its officers and employees free and harmless from any and all losses, damages, or liabilities incurred or suffered in connection with the Client’s disclosure of his/her PIN and/or password. In case the 24K Card or other proprietary card is lost, stolen or destroyed, the Client agrees to immediately notify the Bank by calling Cebuana CARES Hotlines of such loss within twenty-four (24) hours, via telephone from 9am-6pm, Monday to Sunday or submit a written report to any Cebuana Lhuillier branch. All activities and transactions made thru the use of the 24K Card or other proprietary card prior to the report of the loss shall continue to be the liability of the Client.

1.6 REFERENCE NUMBER

 – Each successful transaction shall be evidenced by a system-generated Reference Number, which shall be transmitted to the Client’s enrolled mobile number, e-mail address or validation form, whichever is applicable, for records purposes.

• TRANSACTION DATE – The Bank will effect the Client’s transactions provided there are sufficient cash value available in the Client’s deposit or e-money account. It is the responsibility of the Client to ensure that sufficient cash or cash value are available in the Client’s deposit or e-money account at all times to cover any of the transactions, immediate or scheduled, and that the 24k Card or other proprietary card is active. Any charges or penalties as a result of an unsuccessful transaction due to insufficiency of cash or cash value or cancelled card will be the sole responsibility of the Client and shall be for the account of the Client.

1.8 ACTIVATION AND DE-ACTIVATION OF DEPOSIT / E-MONEY ACCOUNT FEATURES

 – CLRB reserves the right to add, discontinue or deactivate features or functions upon sixty (60) calendar daysnotice to the Client through SMS and/or email.

1.9 TERMINATION/SUSPENSION OF ACCOUNT

 – The Client may request CLRB to terminate or suspend the Deposit/e-Money account by submitting a written request to the Cebuana CARES or any Cebuana Lhuillier Pawnshop branches. The Client shall remain responsible for any transactions made on the account until the time of termination or suspension of the use of the card. The Bank also reserves the right to terminate or suspend the Client’s use of the card or close the account at any time with or without prior notice, and in any of the following instances: a) discovery of any form of fraud; b) violation of any of the provisions of the terms and conditions and rules and regulations of CLRB supplementary thereto; and c) other grounds warranted by law. The Bank is authorized to report such termination, suspension or closure to the BSP or to any monitoring body of the BSP. The Client shall hold the Bank free and harmless from all liabilities, claims and demands arising from the above actions of the Bank.

1.10 DISPUTES ON TRANSACTIONS

 – The details in the Deposit/e-Money Account’s transaction records are presumed true and correct unless the Client notifies the Bank thru Cebuana CARES in writing of any disputes thereon within fifteen (15) calendar days from the date of transaction. If no dispute is reported within said period, all transaction details and records are deemed true and correct. Disputed transactions shall only be adjusted once the claim/dispute has been properly processed, investigated, and proven to be in favor of the Client.

1.11 EXCLUSION FROM LIABILITY

 – CLRB makes no warranty, express or implied, regarding the performance of this Agreement or the electronic banking functionalities or other services offered hereunder. CLRB electronic banking service is offered on an “as is” or “asavailable” basis without warranties of any kind, except those required by law and other rules and regulation issued by pertinent government agencies. CLRB further makes no warranty (1) as to the content, quality or accuracy of data or information provided by CLRB hereunder or received or transmitted using the electronic banking channels; (2) as to any service or product obtained using the electronic banking service; (3) that the electronic banking service will be uninterrupted or error-free; or (4) that any particular result or information will be obtained. CLRB shall not be liable for any loss, added cost, compensation, damage or liability that the Client may incur as a result of any delay, interruption or termination of the electronic banking transaction whether caused by administrative error, technical, mechanical, electrical or electronic malfunction or any cause beyond CLRB’s control (including but not limited to acts of God, labor disputes, failure of communication lines, interconnection problems, mobile phone signal/reception problems, interference or damage by third parties).

1.12 LIMITATION OF LIABILITY

 – Subject to the provisions herein, if CLRB is found liable for any act or omission for any reason whatsoever, the liability of CLRB shall be limited to the amount of the relevant transaction or actual damages to the Client, whichever is lesser. CLRB shall not be liable to the Client for any indirect, special, exemplary, punitive or consequential loss or damages arising from the use of 24k Card or other proprietary card, including but not limited to lost opportunities or profit.

1.13 ANTI-MONEY LAUNDERING

 – The Client warrants that he/she is aware of the provision of R.A. No. 9160 (Anti-Money Laundering Act of 2001) and acknowledges that his/her account is subject to the provisions of R.A. No. 9160, including any and all amendments, rules or regulations pertaining thereto. The Client hereby agrees to keep the Bank, its directors, officersand employees free and harmless from any and allliabilities for any action taken in compliance therewith.

1.14 DATA PRIVACY

 – The Bank is committed to respecting and protecting data privacy rights of the Client as a data subject in accordance with R.A. 10173 (“Data Privacy Law of 2012”), its Implementing Rules and Regulations and other applicable laws of the Republic of the Philippines. In the course of providing services to the Client, CLRB and the Cash Agent may collect information (including personal information) relating to the Client, including the transactions, accounts, account information or records. For this purpose:
• • The Client agrees that he/she will receive transaction notifications, and be regularly updated by the Bank and its subsidiaries and affiliates (hereinafter, “Cebuana Lhuillier Group”)of their products and services, and thus understand fully that his/her foregoing information will accordingly be shared.
  • The Client understands that the information collected, to be processed and retained shall be for the following purposes: client identification; profiling; direct marketing and cross-selling of products; and compliance to BSP rules, AMLA and such other purposes that may be required or allowed by law. The Client has been informed that he/she have the option not to give the foregoing information, in which case he/she understands that his/her transaction will not be processed. The client has also been informed that he/she can make corrections to any inaccurate or deficient information and have the option to withdraw his/her consent prior to the processing of his/her transaction by emailing Cebuana Lhuillier at [email protected] or calling Telephone Numbers: (02) 7759-9800/(02) 8779-9800
  • Any Concerns about Data Privacy can be reported by the Client to [email protected]. Client is encouraged to visit https://privacy.gov.ph to know more about R.A. 10173.
  • The Client hereby certifies that the information provided to the Bank are freely and voluntarily given and are true and correct to the best of his/her knowledge. Further, the Client hereby authorizes the Bank and the Cebuana Lhuillier Group to disclose to its partners, agents or other clients his/her above information to aid in any and all investigations that may be initiated on account of, or in relation to any concerns that may arise out of this transaction.

1.15 DISCLOSURE OF INFORMATION

•  – The Client acknowledges that the Philippine government, United States government and governments of other foreign jurisdictions where transactions pertaining to his/her account may transpire, may require the Bank, its branches and agencies, and the Cebuana Lhuillier Group to disclose or produce information concerning his/her account. For this purpose, the Client hereby waives his/her rights under R.A. 1405 (Law on Secrecy of Bank Deposits), R.A. 6426 (Foreign Currency Deposit Act of the Philippines), R.A. 8791 (General Banking Law of 2000), or any other pertinent law or regulation, as the same may be amended from time to time, and hereby authorizes the Bank, its branches and agencies, and all of the Bank’s subsidiaries or affiliates, without prior notice to the Client, to make any and all disclosure of information regarding the account as may be required. The Client hereby holds the Bank, its directors, officers, employees and other duly authorized representatives free and harmless against any and all liability arising from any loss or damage which the Client may incur or suffer as a result of such disclosure.

1.16 CONSENT TO SHARE INFORMATION – For the purposes of (a) sales and marketing activities, cross-referencing, status inquiry, cross-selling or the offering of the various products and services of the Bank and the Cebuana Lhuillier Group, including but not limited to, credit opinion and evaluation by and for an entity belonging to the Cebuana Lhuillier Group, or application for insurance products with an insurance company within Cebuana Lhuillier Group; (b) compliance with legal, regulatory or other contractual obligations of the Bank; and (c) providing efficient services, the Client hereby gives its consent to, and authorizes the Bank to process, obtain, collect, record, organize, store, update, modify, use, access and/or share/disclose within the Cebuana Lhuillier Group and third party service providers, with corresponding duty to keep such information confidential, without prior notice to the Client, relevant account information/data/opinion pertaining to the Client, including but not limited to personal circumstances, privileged information, sensitive personal information, account opening, account balances, transaction history, promo subscription, redemption records and any and all other information pertaining to all account/s now existing or which may hereafter to be opened, which authorization shall constitute a consent and shall exempt the Bank and/or the Cebuana Lhuillier Group from liability under any and all bank deposit secrecy laws, including but not limited to, R.A. 1405 or The Law on Secrecy of Bank Deposits, R.A. 6426 or The Foreign Currency Deposit Act and R.A. 8791 or The General Banking Law, as well as R.A. 10173 or the Data Privacy Act of 2012 and other confidentiality laws enforced or which may hereinafter enforced. The absence of any written notice to the contrary shall be deemed by the Bank as the Client’s continuing consent under the bank secrecy, privacy and confidentiality laws, as abovementioned. The Client shall notify the branch in writing if he /she wishes to withdraw the consent to the sharing of information provided herein.