Maya Bank Inc.,
General Terms and Conditions

1. General Terms and Conditions

1.1 These general terms and conditions (“GT&C” or “Terms”) govern the terms under which you may access or use the website, or avail the products and services of Maya Bank, Inc. By accessing Maya Bank, Inc.’s website, or availing its products and services, you agree to be bound by this GT&C.

1.2 This GT&C shall be deemed incorporated into the specific terms and conditions of each product of Maya Bank. In case of conflict or inconsistency between this GT&C and the terms and conditions (“T&C”) of the product, the T&C of the product will prevail.

1.3 Under this GT&C, the terms “Maya Bank,” “Bank,” “we,” “us,” and “our” refer to Maya Bank, Inc. together with its employees, directors, affiliates, successors, agents, and assigns. Maya Bank is a digital bank duly licensed by the Bangko Sentral ng Pilipinas (“BSP”).

1.4 The terms “you” and “your” refer to the user of the website, products and services of Maya Bank.

1.5 This GT&C shall be effective, valid, and binding from the time that you signify your agreement to this GT&C, visit the website of Maya Bank or avail any of its product or service. This GT&C will be in full force and effect up to the time that it is terminated by you or us, save for some provisions which shall remain effective after termination, as stated in this GT&C, under any law, rule, or regulation.

2. Definition of Terms

2.1 AMLA – refers to the Anti-Money Laundering Act, otherwise known as Republic Act No. 9160, as amended, as implemented by the Anti-Money Laundering Council of the Philippines (“AMLC”).

2.2 Maya App/ Maya Bank Web Portal – mobile or web application that serves as the interface between the user of the products and services and Maya Bank.

3. General Terms of Service

3.1 Maya Bank reserves the right to modify, suspend, stop, or terminate any of its services immediately upon notice, at any time and from time to time, within applicable laws and regulations of the Philippines.

3.2 You will not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Maya App or Maya Bank Web Portal.

3.3 Maya Bank reserves the right to verify any activity that is done through its facilities, especially if it involves compliance with AMLA or with other laws, rules, or regulations.

Pursuant to the Implementing Rules and Regulation (“IRR”) of the AMLA, you grant Maya Bank the power and authority to report covered and suspicious transactions involving your account to the AMLC.

Pursuant to the IRR of the AMLA, you shall also authorize Maya Bank to maintain and safely store all records of all transactions involving your account for five (5) years from the dates of these transactions. With respect to closed accounts, we shall also preserve and safely store the records on customer identification, account files, and business correspondence for at least five (5) years from the dates when they were closed.

Pursuant to the duties imposed by the AMLA, you agree to hold Maya Bank free and harmless from any liability.

3.4 We will attempt to process transactions promptly, but any transaction may be delayed or cancelled for a number of reasons including but not limited to: our efforts to verify your identity; to validate your transaction instructions; to contact you; due to variations in business hours and currency availability; availability of the system which may be affected by service disruptions or system maintenance; or otherwise to comply with applicable laws, rules, or regulations.

3.5 We may, in our absolute discretion, refuse or cancel transactions or services if: (a) Maya Bank is unable to verify your identity; (b) Maya Bank is unable to verify the identity of the recipient; (c) you do not comply with information requests pursuant to AMLA requirements; or (d) Maya Bank reasonably believes you are using its facilities, or allowing it to be used, in breach of this GT&C or any applicable laws, rules, or regulations.

3.6 If we have executed the transaction in accordance with the instructions you have provided to us, and that the instructions prove to have been incorrect, we are not liable for the incorrect execution of the transaction. We will however make reasonable efforts to recover the funds. We may charge you a reasonable fee, reflective of our efforts, to do so. Unless there are exceptional circumstances, no adjustment will be made for any currency fluctuations which may have occurred between the time you pay us the transaction amount and the time of credit.

3.7 Maya Bank shall have the right to automatically suspend or block the transaction or any of your account if Maya Bank has reason to believe that the transaction or the account may be illegal or used for fraudulent or suspicious businesses or by an unauthorized person. Maya Bank may, but shall not have the obligation to, inform you prior to suspending or blocking the transaction pursuant to this clause. You acknowledge the authority of Maya Bank to suspend or block the transaction and the closure of the account and accordingly, you shall hold Maya Bank free and harmless against any and all consequences of such suspension or blocking, or any loss or damage which you may suffer as a result thereof.

3.8 Fees and other charges shall be in accordance with the table of fees and charges (as may be shown in the specific terms and conditions of the products or services) which may be subject to changes upon discretion of Maya Bank and in accordance with laws, rules, and regulations. However, in the situation where there are insufficient funds in your account to cover such fees and other charges, we reserve the right, without incurring any liability, to refuse to carry out the transaction.

3.9 In order to comply with our obligations under relevant laws, we reserve the right to require further information or evidence relating to your personal information and to the purpose of any transaction using our facilities.

3.10 You authorize Maya Bank and/or any of its agents to disclose to third parties any and all information you have provided and consent to the use and processing of such information by Maya Bank and/or any of its agents or third parties with the transaction or any investigation in relation thereto.

4. Your Obligations

4.1 You agree to abide by the obligations stated under this section. You understand that failure to abide by these obligations is subject to Maya Bank applying reasonable penalties to you and your account, including but not limited to charges, suspension, and/or termination of your Maya Bank account, and proper reporting to the applicable authority of the laws, rules, and regulations that govern Maya Bank.

4.2 You agree not to use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any part of the Maya App or Maya Bank Web Portal, or in any way reproduce or circumvent its navigational structure or presentation, as well as to obtain or attempt to obtain any material, document, or information through any means not purposely made available through our facilities.

4.3 You agree not to gain or attempt to gain unauthorized access to any part or feature of the Maya App or Maya Bank Web Portal or to any other system or network connected to the Maya App or Maya Bank Web Portal. You also agree not to gather, harvest, or otherwise collect information about others using the Maya App or Maya Bank Web Portal without our explicit informed consent; nor restrict, prevent, or prohibit any other party from using our facilities, including but not limited to such actions which may tend to discourage others from using the services, such as stalking, flaming, or the lashing out at other parties, spamming or the sending of unsolicited information, advertisement or content, flooding or the sending of repetitive message, trolling or the use of insulting or deliberately divisive information, material or content, other forms of annoyances, and the like.

4.4 You agree not to circumvent, disable, or otherwise interfere with security-related features of the Maya App or Maya Bank Web Portal, including those that prevent or restrict use or copying of any content, material, or information available on or through the Maya App or Maya Bank Web Portal, as well as those that enforce limitations on the use of our facilities.

4.5 You agree not to probe, scan, or test the vulnerability of the Maya App or Maya Bank Web Portal or any network connected to it, and not to breach the security or authentication measures on the same. You agree not to reverse look-up, trace, or seek to trace any information on any user of or visitor to the Maya App or Maya Bank Web Portal, or any other client of Maya Bank including any account maintained with our facilities not owned by you, to its source, or exploit these or any information made available or offered by or through the Maya App or Maya Bank Web Portal, in any way where the purpose is to reveal any information, including but not limited to personal identification, other than your own information.

4.6 You agree to use or access the Maya App or Maya Bank Web Portal for your information and personal use solely as intended through the provided functionality of the Maya App or Maya Bank Web Portal. You agree not to copy or download any material or content from Maya App or Maya Bank Web Portal unless such copying or downloading is explicitly allowed by a visible manifestation thereof such as a “download” button or a similar link ostensibly displayed. You further agree not to engage or attempt to engage in the use, copying, transmission, broadcast, display, distribution, or sale of any of the contents, material, or information available on or through the Maya App or Maya Bank Web Portal, including user comments and the like, other than as expressly permitted herein, or as explicitly indicated.

4.7 You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Maya App or Maya Bank Web Portal or its systems or networks, or any systems or networks connected to it.

4.8 You agree not to incorporate any word in your name, message identification, or custom user title that is defamatory, obscene or profane, or which violates any trademark, service mark, or other intellectual property rights of any third party, including that of Maya Bank. You likewise agree not to use any trademark, trade name, service mark, or logo in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names, or logo.

4.9 You agree not to use any device or routine to interfere or attempt to interfere with the proper working of the Maya App or Maya Bank Web Portal or any transaction being conducted using our facilities, or with any other person’s use of these facilities. You agree that you will not engage in any activity that interferes with or disrupts our services or the servers and networks which are connected to our facilities.

4.10 You undertake to provide us with: (a) true, accurate, current and complete evidence of your identity, and promptly update your personal information if and when it changes; (b) provide us with any identity documentations as may be requested by us; and (d) any other information that must be provided for our services to be properly executed. You agree not to conceal your true name or use a fictitious name, otherwise, Maya Bank may file a criminal case against you for violation of penal laws of the Philippines, including the Anti-Alias Law (Commonwealth Act No. 142, as amended by Republic Act No. 6085), among others.

4.11 You agree to update your specimen signature, biometrics, or other similarly pertinent information every five (5) years or earlier when required by Maya Bank. Any changes in specimen signatures, authorized signatories, or other similarly pertinent information can be done provided that you file a written request with Maya Bank in the prescribed form.

4.12 Once you confirm the transaction or ask Maya Bank to proceed with the transaction, you agree that you may not cancel nor reverse such transaction. Maya Bank shall proceed with crediting the account of the recipient and once the money or fund is in the account of the beneficiary or recipient, Maya Bank cannot reverse nor deduct such account without the proper court order or authorization.

4.13 You agree not to use the facilities of Maya Bank for any purpose that is illegal, unlawful, or prohibited by this GT&C, or to solicit the performance of any illegal activity or other activity which infringes on the rights of Maya Bank or others, which includes but is not limited to selling, leasing, or giving your account to a third party.

4.14 You agree that you are responsible to check for update/s and will download such update/s to the Maya App before use. You also agree that the device used to access the Maya App is compatible or meets the minimum system requirements of the Maya App. You understand that certain Maya App functions may not be available or disabled by Maya Bank if you do not perform the needed update or meet the compatibility / minimum system requirements.

You agree that it is your responsibility to take all reasonable precautions to ensure that the device used to access the Maya App is free or is reasonably protected from any computer viruses or similar devices or software including, but not limited to, Trojan horses and worms.

4.15 You agree that it is your responsibility to securely keep your PIN and/or Password including one-time pin (OTP). The use of your User ID and your PIN and/or Password will serve as your irrevocable authorization for us to carry out transactions that you initiated. Any fraudulent activity by your agents, employees, officers, and authorized representatives using your User ID and your PIN and/or Password, such as but not limited to unauthorized withdrawals or transfers, that may bring about financial losses to you is your sole responsibility.

4.16 You agree that by supplying your personal information for the purpose of availing yourself of the Service, you expressly consent to the processing of your personal information for the purpose of creating and maintaining your account. Such consent includes authorization for Maya Bank to disclose, exchange, and release the said information to its associates, affiliates, subsidiaries, officers, employees, agents, lawyers, and other consultants, pre-paid/debit/credit bureaus or any such persons as Maya Bank deems necessary, or as required by laws, rules, or regulations. In the event that the disclosure or processing of your information does not fall among the above-mentioned situations, we will obtain the necessary consent, subject to existing laws, rules, and regulations on bank secrecy, data privacy, and other relevant laws, rules, and regulations.

5. User Representation and Warranties

5.1 You warrant that you are at least 18 years of age, or if less than 18 years of age, must possess legal parental or guardian consent, and that are fully able and competent to legally bind yourself to and abide by all of the terms, conditions, obligations, declarations, affirmations, representations, and warranties set forth in this GT&C, relative to the applicable laws, rules, and regulations of the Philippines.

5.2 You warrant that all information you provide to Maya Bank are true, correct, and accurate. You further warrant that in case of any change in the circumstances which affect the information you have provided to Maya Bank, you shall inform Maya Bank of such changes within fifteen (15) days from the occurrence of the said change. Maya Bank, its officers, and/or employees shall be held free from any liability for any damages, claims, or demands from your failure to do so or to inform Maya Bank in a timely manner.

5.3 By visiting and/or using the Maya App or Maya Bank Web Portal, you declare, undertake, and affirm that you take sole responsibility for whatever consequences that may arise out of your visit and/or use of our facilities or Services. You understand that Maya Bank shall not be liable for, and you hereby hold Maya Bank free from, any direct, incidental, special, consequential, indirect, or punitive damages whatsoever resulting from your use of, or your inability to use, of the facilities or services. On the other hand, you declare, undertake, and affirm that you shall indemnify Maya Bank for any direct, incidental, special, consequential, indirect, or punitive damages whatsoever resulting from your use of the Maya App or Maya Bank Web Portal contrary to this GT&C. You further agree, undertake, and commit to indemnify Maya Bank for any breach of its proprietary and other rights, including breach of this GT&C, which you may commit in the course of or arising out of your use of our facilities.

6. Reserved Rights

6.1 You understand and agree that Maya Bank reserves the right, at its sole discretion but without obligation, to deny access to and/or discontinue its services or any component thereof to anyone at any time, temporarily or permanently, without giving any reason and/or prior notice to you. You hereby irrevocably agree, affirm, and warrant to hold Maya Bank free from any liability, both under equity and the law, arising or that may arise out of any such denial of access to or the discontinuance of its services.

6.2 You understand and agree that Maya Bank reserves the right, at its sole discretion but without obligation, to collect, screen, review, flag, filter, modify, block, refuse, or remove any and/or all information provided by any user, explicitly or implicitly to and through its facilities, including but not limited to hardware information, IP address, browser-type related information, cookies, and the like. You hereby irrevocably agree, affirm, and warrant to hold Maya Bank free from any liability, both under equity and the law, arising or that may arise out of any such collection, screening, review, flagging, filtering, modification, blocking, refusal, or removal of any and/or all information provided by any user to and through its facilities.

6.3 You understand and agree that Maya Bank reserves the right, at its sole discretion but without obligation, to enhance, improve, develop, and introduce new features and functionalities to its facilities at any time and without prior notice. You hereby understand, agree, and affirm that any such enhancement, improvement, development, new feature, and/or new functionality to the Maya App or Maya Bank Web Portal shall form part of its services as defined herein and thus shall likewise be covered by this GT&C and its subsequent revisions or amendments, as applicable.

6.4 You understand and agree that Maya Bank reserves the right, at its sole discretion, to verify, check, cross-refer, validate, and ascertain the veracity and truthfulness of all information supplied by you by acquiring, accessing, retrieving, or otherwise acquiring similar or additional information supplied by you to other third-party service providers, including, but not limited to telecommunications providers, etc. You hereby expressly, unequivocally, and voluntarily allow Maya Bank to request for and secure such information, and expressly, unequivocally, and voluntarily instruct such third-party providers to: (a) receive and process Maya Bank’s request; (b) favorably act at all times on any such request by producing the information requested; and (c) when requested by Maya Bank provide the latter with certified digital or printed copies of the said information.

6.5 You understand and agree that Maya Bank reserves the right, at its sole discretion but without obligation, to send you or cause to send you service updates and/or messages, including SMS, notifications, email and/or any data message transmission, informing you of enhancements, improvements, developments, features, functionalities, products, promotions, offers, advertisement and/or any other information relative to its services and Maya Bank. Maya Bank makes no warranty of any kind, express or implied, for such service updates and/or messages, but you hereby agree to receive such service updates and/or messages and hold Maya Bank free from any liability and/or claims for indemnification or damages that may arise there from.

6.6 You understand and agree that Maya Bank reserves the right, at its sole discretion, to set limitations to and charge fees and applicable taxes for the use of its facilities, at any time and upon prior notice. You further understand and agree that Maya Bank reserves the right, at its sole discretion and under no obligation, upon notice, to change the applicable fees, taxes, and charges levied for the use of the services, at any time, subject to the conditions set out in the amendment clause of this GT&C.

6.7 You understand and agree that Maya Bank reserves the right, at its sole discretion but without obligation, to enforce the provisions of this GT&C, including but not limited to performing investigation and legal actions with law enforcement agencies. Non-enforcement of any of the rights of Maya Bank under this GT&C, under the law or under principles of equity shall not be construed as a waiver thereof. Likewise, no subsequent course of action by Maya Bank by you, and/or by any third party, individually or collectively, shall not operate and shall not be construed to operate as abandonment, amendment, or modification of this GT&C. You likewise hereby declare, affirm, and undertake the sole obligation to indemnify Maya Bank or any third party for any damage Maya Bank or said third party may sustain as a result of your use of our facilities.

6.8 You understand and agree that Maya Bank reserves the right, at its sole discretion but without obligation, to limit the provision, availability, quantity, and quality of any feature, product, or service to any person or to anyone within the same geographic area, demographic profile, or any other market, commercial, and/or trading segments. You likewise understand and agree that Maya Bank reserves the right, at its sole discretion but without obligation, to administer and operate any and/or all of its services from any or various locations outside the Republic of the Philippines. You further understand, agree, and hold Maya Bank free from any liability arising therefrom, that not all features, products, or services discussed, referenced, provided, or offered through or in the Maya App or Maya Bank Web Portal are available to all persons or in all geographic locations, or are appropriate or available for use outside the Republic of the Philippines. Any part or the whole of this GT&C are void where prohibited. You hereby understand, agree, and undertake sole responsibility for your continued access to or use of our facilities, as well as the results or consequences of such access and use, including the responsibility for compliance with applicable local laws and the sole liability for non-compliance or breach thereof.

6.9 You understand that and agree that Maya Bank reserves the right, in case of any amount mistakenly credited to your account, to debit the erroneously credited amount from any of your accounts.

6.10 You understand and agree that Maya Bank reserves the right to comply with a notice or order from a court or other competent authority for the garnishment, attachment, freezing, or sequestration of any or all of your accounts. The amount subject of the notice or order shall automatically be on hold and no withdrawals will be allowed until the order has been lifted.

6.11 You understand and agree that in the event that:

  1. a claim or dispute arises in relation to your account, its ownership, or operation;
  2. conflicting instructions are given in relation to your account;
  3. it receives a request or instruction to freeze your account; or
  4. other similar or analogous circumstances occur,

Maya Bank reserves the right, in its sole discretion, to take any necessary actions, such as freezing of the account or filing interpleader suits. You understand that such actions are authorized, approved, and ratified by you and you hold Maya Bank free from any liability arising therefrom.

7. Data Privacy Statement

7.1 You authorize Maya Bank and its official partners to process the personal information that you have provided directly or indirectly in our data collection touchpoints relevant to the respective purposes furnished to you in our privacy notices.

With your active use of our products and services, you agree to the Data Privacy Policy of Maya Bank found in http://www.mayabank.ph/privacy.

8. Liabilities

8.1 You agree to indemnify, defend and hold harmless Maya Bank, its subsidiaries and affiliates, and their directors, officers, employees and agents, from and against any loss, damage, liability, costs and expenses, including reasonable attorney’s fees (collectively, “Losses’), arising out of or based on:

  1. breach of, or failure to perform, any of your obligations contained in this GT&C;
  2. your gross negligence or willful misconduct; or
  3. errors incurred by or judgments/decisions made by you.

8.2 You may be penalized by Maya Bank equivalent to the amount of damage or cost incurred or penalty paid arising from your action as listed in the preceding section or from failure to comply with any provision of this GT&C as well as other agreements with Maya Bank.

8.3 Maya Bank makes no warranty, express or implied, regarding the performance or functionalities of the products and services offered. The services are offered on “as is,” “as available” basis without warranties of any kind, other than warranties that are incapable of exclusion, waiver or limitation under applicable laws. Without limiting the generality of the foregoing, Maya Bank makes no warranty (1) as to the content, quality or accuracy of data or information received and transmitted using the services; (2) as to any service or product obtained using Maya Bank’s services; (3) that the services will be uninterrupted or error-free; or (4) that any particular result or information will be obtained from availing Maya Bank’s services.

8.4 In the event of any action that you may file or claim against Maya Bank, Maya Bank’s liability shall in no event exceed, in the aggregate for all claims, the direct damages that you actually suffered and awarded by a court of competent jurisdiction.

8.5 In no event shall Maya Bank be liable for any indirect, special, incidental or consequential damages under this GT&C, including, without limitation, loss of profits, loss of revenue, loss of data or lost savings, even if Maya Bank have been advised of the possibility of such damages.

9. Governing Law and Venue of Litigation

9.1 This GT&C shall be construed and governed in accordance with the laws of the Philippines.

9.2 You understand and agree that this GT&C including all disputes relative to your use of the products or services of Maya Bank and relating to your account shall be governed by the laws of the Republic of the Philippines without regard to conflict of laws provisions. In case of any dispute arising out of this GT&C or your use of the products or services, you hereby agree, undertake, and commit to resolve or attempt to resolve such dispute promptly and in good faith. In case of failure to resolve any such dispute, you agree to the jurisdiction by and venue in the appropriate courts of Mandaluyong City, Philippines, to the exclusion of all other courts, and waive as you hereby waive, any objection to such jurisdiction or venue.

10. Non-Waiver of Rights by Maya Bank

10.1 Failure, omission, or delay on the part of Maya Bank to exercise its right or remedies under this GT&C shall not operate as a waiver. Any such waiver shall be valid only when reduced in writing and delivered to you.

11. Separability Clause

11.1 Should any term or condition in this GT&C be rendered void, illegal, or unenforceable in any respect under any law, the validity, legality, and enforceability of the remaining terms and conditions shall not be affected or impaired thereby.

12. Amendments

12.1 Maya Bank may at any time and for whatever reason it may deem proper, amend, revise, or modify this GT&C, which shall only be implemented thirty (30) days after notice to you. You agree that for purposes of this GT&C, publication of the revised GT&C in Maya Bank’s website shall be considered as sufficient notice. It is your responsibility to regularly check any changes to this GT&C. Your continued use of Maya Bank’s services, availment of its products, and continued maintenance of your account after any such changes constitutes acceptance of the new Terms. Failure to notify Maya Bank of your intention to terminate your account shall be construed as acceptance of the amendments to this GT&C. All communications, transactions, and dealings with us shall be subject to the latest version of this GT&C in force at the time.

13. Notices

13.1 All notice requirements shall be as stated in this GT&C. If Maya Bank is required to send notice to you, it shall do so through available channels including but not limited to, In-App notifications, SMS, email, or registered mail which shall be sent to your registered address. Publication in Maya Bank’s website shall also be sufficient notice, as may be required by this GT&C.

14. Customer Service

14.1 At Maya Bank, we consider our customer’s financial questions, needs and feedback as very important. If you have any concerns about a procedure or have encountered a problem with our service, we will do our best to address it within ten (10) days. Should your concern require more time to be resolved, we will update you every step of the way. You may contact our Customer Service at:
ChannelDetails
Maya Bank App Customers – Hotline
Maya Bank Customer Service No.: (+632) 8845-77-88; OR
Domestic Toll-Free Landline: 1-800-1084-57788
Through Smart mobile phone: 788
Email
Maya Bank Support Web Page

You have our assurance that we will handle your concerns, feedback and information with utmost confidentiality and will strive to resolve them as soon as possible. Maya Bank is regulated by the Bangko Sentral ng Pilipinas.: www.bsp.gov.ph

15. Corporate Governance

15.1 Maya Bank’s business activities are regulated by its own internal business rules and Corporate Governance policies which are compliant with applicable anti-corruption laws. Maya Bank’s policies and internal controls are designed to prevent bribery from occurring, avoid appearance of wrongdoing and enable Maya Bank personnel to respond promptly and effectively to any inquiries about its conduct. In case of any violation of the Corporate Governance policies by Maya Bank, its stockholders, directors, officers, employees, or agents, any party may report the same to Maya Bank’s Corporate Governance Office, by sending an e-mail to corpgov@mayabank.ph, from 9am to 6pm, Philippine Time, Mondays through Fridays, except holidays.

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