TERMS AND CONDITIONS

PERSONAL LOAN FACILITY

agreement or withholding of any description. If the law requires any
deduction from the payment, the Applicant shall increase the
payment to the Bank so that the net amount received by the Bank is
CIMB BANK PHILIPPINES (“CIMB” or “THE BANK”) TERMS AND equal to the full amount which the Bank would have had received if
CONDITIONS (“TERMS”) OF PERSONAL LOAN (“FACILITY”) no such deductions have been made.
12. The first monthly instalment shall be payable on the first day of the
Applicant to the Facility (“Applicant”) agrees that these Terms are binding calendar month following the date of full disbursement of the Facility
and shall govern the use of the Facility granted by the Bank. Any difference or on such other date as shall be fixed from time to time by the Bank..
between the Facility amount, interest rate or tenure applied for and the 13. The Applicant hereby irrevocably authorizes the Bank, as the case
amount, interest rate or tenure, as the case may be finally approved by the may be, to debit or cause to be debited from time to time the
Bank shall not affect the validity of these Terms. Reference to Facility herein Applicant’s Account with the Bank without further prior notice to the
shall be construed as referring to the Facility disbursed by the Bank to the Applicant, for the monthly instalment and for any other charges
Applicant. related to the Facility. The said direct debit shall be subject to the
following terms and conditions:-
14. The Applicant undertakes to ensure that sufficient funds are kept in
A. THE FACILITY AND APPLICANT’S ACCOUNT the Applicant’s Account to meet the instalment payment. The
1. “Applicant’s Account” or “Account” shall mean the deposit account in Applicant further acknowledges that the Bank will not be liable for
which the Applicant has authorized the Bank, as the case may be, to defamation and/or for breach of contract and/or for any losses,
debit or cause to be debited the monthly due amount and other damages, expenses, costs or charges whatsoever which may be
charges related to the Facility. claimed against the Bank arising from remarks related to payment
2. The Applicant hereby warrants that the account number provided or failure due to insufficient funds as a result of the Bank debiting or
to be provided by him/her to the Bank for the disbursement of the causing to be debited the Applicant’s Account pursuant to this
Facility is valid & his/her own personal account. authorization. The Bank may levy a charge on all standing
3. Applicant warrants and represents that he/she is the sole and the instructions on due dates, which may not be refunded even if the
Beneficial Owner of the Account. By ‘Beneficial Owner,’ the Applicant instruction is not effected due to insufficient funds.
declares that he/she ultimately owns and controls the Account. 15. Although the Bank will endeavor to effect such monthly payment, the
4. The Bank reserves the right, by giving notice, in writing or electronic Bank shall not be held liable if the Bank is unable to effect such
means, to the Applicant, to cancel and recall the Facility if the whole monthly payment or to follow such instruction due to any reasons
of the Facility amount cannot be fully disbursed within fourteen (14) whatsoever which are not attributable to the Bank or which are
days from the date the Bank sends the Applicant a SMS notification beyond the Bank’s reasonable control or by virtue of any of the
that the Facility (or any part thereof) has been disbursed or such Bank’s operational and/or system errors or malfunctioning unless
other period as the Bank may in its absolute discretion decide due to they arise from and are caused directly by the Bank gross negligence
incorrect Account number provided by the Applicant or the limit of the or willful default.
Account has been exceeded. Any amount already disbursed to the 16. This authorization is subject to any arrangement now subsisting or
Applicant shall become immediately due and payable to the Bank which may hereafter subsist between the Applicant and the Bank in
together with interest and all other charges related to the Facility. For relation to the Applicant or any banking accommodation afforded to
this purpose, the Applicant hereby authorizes the Bank to debit the the Applicant. All alterations and modifications to the authorization
Account for such amount owing to the Bank. given by the Applicant shall be by way of notice in writing and
delivered to the Bank two (2) weeks in advance.
17. The Bank may, at its absolute discretion, conclusively determine the
B. COOLING-OFF PERIOD order of priority of payment by it of any money pursuant to this order
or any order which has been or may be hereafter given by the
5. As may be appropriate, the Applicant is hereby given the right to
Applicant to the Bank or drawn to the Applicant’s Account.
cancel the Facility no later than two (2) banking days from his/her
18. In consideration of the Bank arranging for this authorization, the
acceptance of the Terms or from the initial disbursement under the
Applicant undertakes to indemnify the Bank against all or any claims,
Facility, whichever occurs earlier (the "Cooling-off Period").
demands, losses, damages, costs, charges and/or expenses which
6. The right to the Cooling-off Period can only be exercised once. The
the Bank may incur or sustain by carrying out the Applicant’s
Applicant shall notify the Bank in writing of the exercise of such right
instructions unless they arise from and are caused directly by the
through any of the available channels under Clause Z (Customer
Bank ’s gross negligence or willful default.
Care Contact Details).
19. The Bank may, at its absolute discretion, terminate this authorization
7. Once the Applicant exercises his/her right to the Cooling-Off Period,
as to future payments at any time by giving twenty-one (21) calendar
the Facility is deemed cancelled and the Bank has no further
days prior notice in electronic communication to the Applicant.
obligation to disburse the loan. If the Applicant exercises such right
20. This authorization will remain effective for the protection of the Bank
after the loan proceeds have been disbursed, the Applicant hereby
in respect of payments made in good faith notwithstanding the
authorizes the Bank to debit the Account for such amount owing to
Applicant’s death or bankruptcy until notice of the Applicant’s death
the Bank, net of all taxes paid and reasonable expenses and fees
or bankruptcy is received by the Bank.
that the Bank has incurred in the administration of the Facility.
21. The Bank will apply any payment received from the Applicant, firstly
for settlement of any fees and charges payable before any
instalments in arrears under this Facility. In this regard, Applicant
C. INTEREST
waives his/her rights under Article 1252 of the Civil Code of the
8. The Applicant agrees to pay interest on the Facility at the fixed interest Philippines to designate the application of his/her payment. If any
rate agreed upon with the Bank and as stated in the Bank’s Personal amount recovered in enforcement is less than the amount then due,
Loan contract with the Applicant which is calculated on a daily the Bank shall apply that amount in such proportions and order of
balance basis and capitalized at the end of each calendar month. priority and generally in such manner as it may determine subject to
The Disclosure Statement is a computer-generated notice issued by compliance with any rules and guidelines issued by Bangko Sentral
the Bank and is to be read together with and shall form part of the ng Pilipinas (BSP) from time to time.
agreement governing the Facility.
22. The Applicant shall make arrangements to make timely repayments
of the Facility even if the Applicant is out of the Philippines.
D. REPAYMENT
9. The Facility shall first be used to fully settle any of the Applicant’s E. PREPAYMENT/EARLY SETTLEMENT
existing Personal Loan with the Bank before the balance of the 23. Any amount settled shall not subsequently be available for re-
Facility (if any) is disbursed to the Applicant. drawing.
10. The Applicant shall repay the Facility and the interest charged to the 24. The Applicant may also early settle the full Facility before the end of
Facility in the monthly instalment amount and by the number of the financing tenure. Early settlement may be subject to early
instalments and tenure agreed upon with the Bank and as stated in settlement fee which the Bank may impose or change from time to
the Disbursement Notice. time.
11. All payments must be made to the Bank without any set-off or any
deduction of any taxes payable in connection with or arising out of
this
F. LATE PAYMENT or legal claim on Applicant’s deposits and/or other assets in the
25. In addition to the interest payable under the Clause D on Repayment, possession, custody or control of the Bank and its affiliates and to
the Applicant hereby further agrees to pay to the Bank a Late apply all or part of the deposit, and/or assets to offset Applicant’s
Payment fee at the rate of five per centum (5%) or a minimum Three corresponding obligations. Pursuant to the authority granted to the
Hundred Pesos (PHP 300.00), whichever higher, or at such rate as Bank herein,
the Bank may from time to time stipulate on overdue instalments and Applicant expressly authorizes the disclosure by/of the Bank’s
any monies due and remaining unpaid to the Bank, irrespective of affiliates of any information relative to Applicant’s funds or properties
whether a demand by the Bank has been made or not from and in their custody in favor of the Bank.
including the day immediately following the due date.

I. CROSS DEFAULT
G. EXCESS PAYMENT 31. In the event an Event of Default has occurred, the Bank has the right
26. The Bank may apply any excess payment received from the Applicant to recall and demand repayment of all sums owing by the Applicant
into the last month payment schedule. However, the excess payment to the Bank in respect of other facilities granted by the Bank.
received will not reduce the interest schedule of that month as
agreed upon loan application and drawdown.
J. INDEMNITY
32. All fees and expenses, attorney’s fee and costs (including stamp
H. EVENTS OF DEFAULT duty, if any) incurred or expanded by the Bank in relation to or
27. The Facility shall remain available to the Applicant except when any incidental to the provisions and the documentary preparation of this
of the following circumstances or events occur: Facility, these Terms and/or the Bank’s enforcement of its rights
(i) the Applicant fails or defaults in the payment of the Facility under the Facility shall be payable by the Applicant. In addition to the
and/or any sum of money payable under these Terms or the provisions herein, the Applicant agrees to indemnify the Bank and
Facility, whether formally demanded or not; hold the Bank harmless from and against any payments, losses,
(ii) the Applicant commits or threaten to commit a default or breach costs, charges or expenses whatsoever, legal or otherwise, which
of any covenants, stipulations, terms or conditions contained in the Bank may sustain, suffer or incur as a consequence of the Bank
these Terms or the documents pertaining to the Facility; granting and extending the Facility to the Applicant or as a
(iii) any representation or warranty of the Applicant, these Terms or consequence of any default thereunder unless they arise from and
any documents pertaining to the Facility proves to have been are caused directly by the Bank’s gross negligence or willful default.
untrue or incorrect as of the date at which it was made or 33. The Bank reserves the right to charge the Applicant, and the
deemed Applicant shall and hereby undertakes to bear all whatsoever fees
to have been made; and charges imposed by the Bank in any way connected with the
(iv) if bankruptcy proceedings are instituted against the Applicant; Facility and any redemption statement(s) issued or to be issued
(v) if the Applicant enters into a voluntary arrangement with its thereunder.
creditor(s);
(vi) any indebtedness of the Applicant to the Bank or any other third
party from time to time or at any time or if the Applicant may be K. DISCLOSURE OF INFORMATION
or become liable to the Bank anywhere on any banking, 34. All telephone conversations made between the Bank’s personnel
financing, loan, any other credit facilities or any other and the Applicant may be recorded and all electronic
account(s) current or otherwise or in any other manner communications and electronic transmissions between the Bank and
whatsoever including but not limited to liability of the Applicant the Applicant may be retained and archived for evidentiary purposes.
incurred to the Bank as surety(ies) or guarantor(s) or if default All transactions confirmed, validated and/or effected by the Applicant
is made in relation to any provisions governing the account(s); (whether verbally, electronically or otherwise) in relation to the
(vii) the Applicant has furnished false information or data to the Facility shall be deemed final, conclusive and binding on the
Bank; Applicant.
(viii) in the opinion of the Bank, the Applicant’s account with the 35. The Applicant hereby agrees and authorizes the Bank to disclose
Bank (including any other accounts the Applicant may have any information relating to the Applicant, the application or these
with the Terms, the security interest and/or the Applicant’s affairs or accounts:
Bank) is or has not been operated satisfactorily; (i) To any of the Bank’s agents, service providers, auditors, legal
(ix) the Applicant becomes insane or mentally incapacitated; counsel, other professional advisors, security providers,
(x) a distress or execution is levied or enforced upon any of the guarantors and to any person in or outside the country who
Applicant’s properties or a trustee, or similar official is provides any security to secure the Facility and/or is a party to
appointed over all or a substantial part of his assets; any agreements which may constitute or form the basis of such
(xi) the Applicant ceases or threatens to cease carrying on his security interest;
business or transfers or disposes or intends to transfer or (ii) to the Credit Bureau or other relevant authorities to whom such
dispose of a substantial part of his assets; or Bureau or authorities the Bank is required to make such
(xii) the Applicant alleges that all or a material part of these Terms disclosure and/or to any authorities having jurisdiction over the
cease to be of full force or effect; or Bank;
(xiii) in the reasonable opinion of the Bank, the payment of the (iii) to any financial institutions with which the Applicant has or
Applicant’s obligation becomes doubtful for whatever reason; propose to have dealings;
or (xiv) .any similar or analogous event or circumstances. (iv) to Group Companies whether such Group Companies are
residing, carrying on business, incorporated or constituted
28. If one or more Event of Default occurs, then any time thereafter, if within or outside the country;
any such event shall then be continuing, the Bank, upon giving seven for facilitating the business, operations, facilities and services of the
(7) calendar days’ notice, may declare (i) declare the Facility Bank and/or the Group of Companies which are granted or provided
suspended, cancelled or terminated whereupon the obligation of the to their customers as the Bank deems fit or appropriate or as required
Bank to make or maintain the Facility shall forthwith suspend, cancel, by law or pursuant to any subpoena or order of the court. For
or terminate, and (ii) declare the entire unpaid principal loan amount purposes of this Clause, “Group Companies” refer to companies
then outstanding, all installment fees accrued and unpaid thereon which are or which in the future may be companies within the group
and all other amounts payable under the Facility and related of the Bank, as well as companies within the CIMB Group.
documents required to be executed and/or delivered hereunder to be 36. Further, the Bank has the right to share the Applicant’s information
forthwith due, payable, and defaulted without presentment, demand, (excluding information relating to the Applicant’s affairs or account)
protest, or further notice of any kind, all of which are expressly with third parties for strategic alliances, marketing, and promotional
waived by the Applicant. purposes as well as for the continuous enhancement of the customer
29. The Bank may in its absolute discretion without notice to Applicant, experience in the platform from which the Applicant is applying.
to offset his/her obligations (including but not limited to monthly 37. The Applicant hereby expressly confirms that the Bank, its officers
payments due, fixed and determinable taxes or charges due from or and agents shall be under no liability in any circumstances
assumed by Applicant on said interest or other income) against any whatsoever for furnishing such information whether by reason of any
of Applicant’s deposits and other assets coming to the Bank’s misstatement, error, omission, delay or any matter in connection
possession or control or its affiliates. thereto whatsoever and whether before on or after the date of these
30. Applicant hereby consents, authorizes and irrevocably constitutes Terms unless the same is caused directly by the Bank’s gross
the Bank as his/her attorney-in-fact with full power and authority to negligence or willful default.
inquire about and to immediately assert and exercise its general lien
L. CERTIFICATE OF INDEBTEDNESS Notification and/or information sent by post, hand, courier
38. Any certificate, notice or demand officially issued by the Bank and service, facsimile, electronic mail, telephone or any other
signed by its authorized and appointed representative or signatory means of communication as determined by the Bank including
shall be conclusive evidence against the Applicant for all purposes by mail, fax, SMS, voice recording, text or other electronic
whatsoever including for purposes of legal proceedings in relation to message or information may consist of such information as the
all matters stated in this Terms including the amount due and owing Bank deems appropriate and may include (but not be limited
to the Bank by the Applicant. The Bank shall not be questioned on to) programs and promotions and or other information of
any related account whatsoever, save and except where there is general interest and/or specific to the Applicant. Such service
manifest error. and/or delivery shall be deemed effective: -
(ii) At the time the notices are sent by facsimile, e-mail or other
forms of instantaneous communication (including SMS and
M. CHANGES voice recording).
39. The Bank reserves the right to upon giving at least thirty (30) calendar (iii) The Applicant shall be fully responsible for the security and
days prior notice to the Applicant: safekeeping of the information he receives and shall ensure that
(a) vary the interest rate and/or default interest rate or method of such notices sent by the Bank are not disclosed to or given
calculation of service fee, fees and other charges, minimum access to any other parties (‘disclosure to third parties’).
payment due, interest and any other applicable fees, charges, (iv) The Bank hereby disclaims all liability to the Applicant for any
or levies provided for herein for any reason whatsoever (whether loss or damage (direct, indirect, special or consequential), loss
arising from the change in the Applicant’s risk profile or of business or profits, embarrassments, losses or damages
otherwise) including the effective date of any such change; and whatsoever arising from the disclosure to third parties or loss or
(b) vary (whether by addition, deletion, modification, amendment or damage of any nature suffered by the Applicant arising from or
otherwise howsoever) any of these Terms at any time and from occasioned by any: -
time to time (collectively referred to as “Changes”). a. malfunction or defect in the transmission of information for
40. Notification to the Applicant in respect of the Changes shall be effected whatever reason;
in the manner or methods of communication as stated in Clause N b. inaccuracy, incompleteness, delay or non-delivery of any
(Communication). The Changes shall apply on the effective date information transmitted or wrongful transmission of any
specified by the Bank in the Bank’s notice in accordance with information to any third party;
applicable law or regulation. c. wrongful, unauthorized or improper access to, use or
interpretation of the information transmitted; and
d. claim for libel or slander arising from the transmission of
N. COMMUNICATION any information unless they arise from and are caused
41. The Applicant hereby agrees that the Bank shall be entitled to adopt directly by the Bank’s gross negligence or willful default.
any one or more of the following manner or methods of Such notification may be sent in English or other
communication concerning any changes in these Terms, including languages determined by the Bank.
the effective date of any such change:
(i) By dispatching the same to the Applicant by courier or email.
The communication made by the Bank in accordance with this O. ACCOUNT SECURITY
Clause 41 (i) shall be deemed to have been received by or 43. The Applicant accepts full responsibility for safeguarding the
communicated Applicant’s own account and be held liable for any transactions on
to the Applicant on the date of delivery; and/or the Facility.
(ii) By posting a notice in the Bank’s premises stating such changes 44. In the instance that the security of the Account is compromised, the
and its effective date of change. The communication made by Applicant must report the incident to the Bank within 24 hours. The
the Bank in accordance with this Clause 41 (ii) shall be deemed Bank will have the right to deactivate the Applicant’s account for the
to have been received by or communicated to the Applicant on specified incident report or request.
the date of posting of the notice in the Bank’s premises; and/or 45. The Applicant must submit a detailed written report of the incident
(iii) By way of a single publication (print or electronic) in one or more with supporting documents. The Bank shall decide on Account
daily newspaper of the Bank’s choice of such changes and its reactivation based on the validity of the incident report.
effective date of change. The communication made by the Bank
in accordance with this Clause 41 (iii) shall be deemed to have
been received by or communicated to the Applicant on the date P. LOST OR STOLEN MOBILE PHONE DEVICE
of first publication (print or electronic) in any daily newspaper of 46. In the event the Applicant's mobile phone device is lost or stolen, the
the Bank’s choice; and/or Applicant agrees to immediately report the same by calling any of the
(iv) By posting a notice of such changes and its effective date of available channels under Clause Z (Customer Care Contact Details).
change to the Applicant by way of an ordinary or registered post 47. The Applicant shall likewise immediately submit proof of loss (in a
to the last known address of the Applicant in the Bank’s record. form acceptable to CIMB) via any of CIMB's customer contact
The communication made by the Bank in accordance with this channels. If the loss or theft of the mobile phone device occurred on
Clause 41 (iv) shall be deemed to have been received by or a Saturday, Sunday, legal holiday or on a day or time when CIMB is
communicated to the Applicant ten (10) calendar days after the otherwise closed for business, the report must be made within the
date of posting of the notice to the Applicant by ordinary or next banking day. Prior to receipt by CIMB of Applicant's report of
registered post; and/or loss or theft, all transactions shall be deemed conclusively binding
(v) By sending notice of such changes and its effective date of upon the Applicant
change by short message service (“SMS”) or electronic mail to and CIMB will not be held liable for any loss or damage incurred by
the Applicant or by posting the notice of such changes and its the Applicant.
effective date of change on the Bank’s website, or its Mobile 48. In case of a compromised Account, where CIMB receives information
App, or its other official social media platforms. The that the Applicant's account number, mobile number, email address
communication made by the Bank in accordance with this and other Personal Identifiable Information have been obtained by
Clause 41 (v) shall be deemed to have been received by or an unauthorized source/party, CIMB shall, without prejudice to such
communicated to the Applicant on the date the notice of such other actions that it may take, freeze or block the Account to prevent
changes are sent by SMS or electronic mail to the Applicant or its unauthorized use, and CIMB shall immediately notify Applicant of
the date such notice of changes are posted to the Bank’s the situation.
website, its Mobile App, or its social media platforms.
42. All notices or communication given by the Applicant to the Bank shall
be deemed to have been received by the Bank at the time of actual Q. PROVISIONS ON MOBILE APP AND ELECTRONIC BANKING
receipt by the Bank. 49. The Applicant acknowledges that his/her transactions with CIMB, save
(i) The Bank is irrevocably authorized (but not obliged) to contact for ATM transactions, are initiated and processed through the CIMB
and/or notify the Applicant by ordinary post, hand, courier mobile application (“CIMB Mobile App”). As such, the Applicant agrees
service, facsimile, electronic mail, telephone or any other means to be governed by the processes for initiating and concluding
of communication as determined by the Bank whereby mail, fax, transactions through the CIMB Mobile App. By enrolling at CIMB’s
SMS, voice recording, text or other electronic messages or Mobile App, the Applicant warrants that (i) he/she is familiar with
information are sent to the Applicant’s address, e-mail address mobile banking and how transactions are processed therein; (ii) the
or mobile phone number or other contact number or particulars transactions he/she will initiated, processed and concluded using
on record with the Bank which the Bank deems appropriate. CIMB’s Mobile App shall be for lawful and legitimate purposes only;
 and that (iii) he/she shall not utilize the CIMB Mobile App for any 69. CIMB shall not be liable for any delay or shortcomings of the third party
unlawful purpose/s. whom the Applicant has account when CIMB is executing the
50. The Applicant(s) shall nominate a preferred Username, Password and instruction to them.
MPIN upon enrollment to the CIMB Mobile App. 70. Any instruction transmitted after the relevant cut-off time shall be
51. The Applicant shall not be allowed to use the Username, Password posted in the books and records of the Bank on the next business day
and MPIN in whole or in part for any purpose, whether legal or illegal, following the date of the instruction.
other than as specifically intended to carry out the Applicant’s banking 71. CIMB shall not have any obligations to verify the authenticity of the
transactions via CIMB Mobile App. instruction received from the Applicant through the CIMB Mobile App.
52. The Applicant authorizes CIMB to invalidate the Applicant’s CIMB shall give effect to any transactions received from the
Username, Password and MPIN without prior notice. CIMB shall not Applicant(s) electronic banking account.
be held liable for any loss or damage for the invalidation of the 72. The Applicant shall ensure that the information provided/supplied is
Applicant’s Username, Password and MPIN accurate. CIMB shall not be responsible and liable for any inaccurate
53. The Applicant is allowed to change the Password and MPIN anytime. information that may lead to failure of transactions.
The Applicant shall be responsible for keeping the Username, 73. The Applicant is responsible for verifying and monitoring transaction
Password and MPIN confidential. The Applicant shall ensure that history details and statements to ensure that there are no
he/she has exercised reasonable care as to prevent unauthorized unauthorized transactions. Should there be unauthorized transactions
access and or/use of the Username, Password and MPIN, this or any error in the transactions, the Applicant may contact CIMB
includes, but not limited to, the following: through any of the available channels under Clause Z (Customer Care
(i) Ensuring that the Applicant has not left the devices from which Contact Details).
the Applicant has logged-in unattended and ensure that the 74. It is the responsibility of the Applicant to ensure that there are sufficient
Applicant has logged-off the service after each session. funds available in his accounts. Any charges or penalties as a result
(ii) Ensuring that the Username, Password and MPIN is not shared of unsuccessful transaction due to insufficiency of funds or dormancy
with anyone, including staff of the Bank. of the account will be the sole responsibility of the Applicant.
(iii) Changing the Password and MPIN regularly or when the 75. CIMB shall not be liable for any loss or damage of whatever nature
Applicant deemed necessary. (including without limitation, charges and or penalties which may be
54. CIMB shall have the absolute right to add, suspend, limit, withdraw or imposed by third parties) in connection with the implementation of
cancel any transactions, services and products offered in the CIMB transactions via the CIMB Mobile App. Such instances include:
Mobile App. (i) Disruption, failure or delay in implementation transactions
55. The Applicant agrees to undertake all the Bank’s prescribed security relating to and in connection with the CIMB Mobile App which
measures in protecting the Applicant’s Username, Password and are due to circumstances beyond the control of CIMB fortuitous
MPIN. CIMB shall not be held liable against all claims, losses, events such as but not limited to prolonged power outages,
damages or expenses including legal cost, that may arise from breach breakdown in computers and communication facilities,
in confidentiality of the Applicant’s Username, Password and MPIN. typhoons, floods, public disturbances and calamities and other
56. CIMB shall ensure implementation of security measures to secure the similar or related cases.
CIMB Mobile App. However, CIMB shall not assume warranty on the (ii) Loss or damage you may suffer arising out of any improper,
confidentiality, secrecy and security of any information sent through fraudulent access or utilization of the CIMB Mobile App due to
any internet service provider, network system or other similar system. theft or unauthorized disclosure of Username, Password or
57. The Applicant agrees that he/she shall nominate any of his/her MPIN or violation of other security measures with or without
Account as a nominated payment Account. CIMB, at its option, may Applicant’s participation.
automatically enroll any other Accounts which may be linked with the (iii) Inaccurate, incomplete or delayed information which the
Applicant’s nominated source Accounts without the need for any Applicant received due to disruption or failure of any
further authorization or consent of the Applicant. communication facilities used for he CIMB Mobile App.
58. The Applicant agrees that by enrolling in the CIMB Mobile App, other (iv) Such other circumstances or reasons which effectively prevent
products under his/her name such as, but not limited to, loans may CIMB from implementing the transaction.
automatically be viewable. CIMB, however, reserves the right, at its 76. CIMB does not warrant the availability of the CIMB Mobile App
discretion, to require any enrollment in select products, services and twentyfour (24) hours a day, seven (7) days a week. In cases of
facilities as it may deem fit and appropriate. preventive maintenance testing, planned downtime, or any downtime
59. Transactions carried out via CIMB Mobile App shall be subject to caused by fortuitous events, or analogous circumstances, CIMB shall
applicable fees and charges at the time of the transaction. CIMB may notify the Depositors in advance of such unavailability, or if advance
from time to time upon giving the Applicant a notice, introduce or notification is not possible, at the earliest possible time.
change fees and charges for the use of the CIMB Mobile App. 77. CIMB shall not be liable for any indirect, incidental or consequential
60. When CIMB introduces new services under the CIMB Mobile App, loss, loss of profit or damage you may suffer or have suffered by
CIMB shall notify and provide the Applicant supplementary terms and reason of the Applicants use or failure or inability to use the CIMB
conditions. Mobile App.
61. The Applicant shall authorize CIMB to debit the Applicant’s account for 78. The Applicant agrees to hold CIMB, its stockholders, directors,
the amount of CIMB’s fees and charges payable on transactions made officers, employees and representatives free and harmless, as well as
via CIMB Mobile App. indemnify them, from any and all liabilities, claims, damages, suits of
62. In cases where there are any insufficient funds to cover the fees and whatever nature, arising out of or in connection with the
charges, CIMB may refuse to carry out the transaction without implementation of CIMB Mobile App, including any and all errors
occurring any liability as a result of such refusal or overdraw the inadvertently committed, resulting to the Bank’s failure to effect any
account by debiting fees or charges or debit any other account the instruction via CIMB Mobile App, except to the extent that such loss,
Applicant holds with CIMB. liability, claim or damages directly and solely arises from CIMB’s own
63. By using the Username, Password and MPIN, the Applicant gross negligence or willful misconduct as duly proven in a tribunal of
authorizes CIMB to carry out the transactions that the Applicant(s) has competent jurisdiction.
initiated. 79. Transactions outside the Philippines shall be subject to the applicable
64. The Applicant agrees that the instructions which the Applicant has rules and regulations of the BSP and/or any fiscal or exchange control
issued is at all times subject to limits and conditions set by CIMB, in requirements operating in the country where the transaction is
compliance with local laws and regulations. affected.
65. The Applicant assumes responsibility in checking the transaction 80. The Depositor’s Mobile App shall be effective upon Bank’s confirmation
record pertaining to any CIMB Mobile App transaction. Should the of the activation of the Depositor’s Mobile App and shall remain active
Applicant have any reason to believe that the records have not been until such time that the depositor notifies the Bank, in writing, or any
accurately and completely captured by the CIMB Mobile App, the instructions received from the Depositor through any of the available
Applicant should immediately notify CIMB through any of the available channels under the Customer Care Contact Details.
channels under Clause Z (Customer Care Contact Details). 81. In case of any complaints and/or disputes arising from the Mobile
66. The Applicant may cancel, revoke, reverse or amend an earlier App, the Applicant may reach CIMB through any of the available
instruction provided that the request is received before the transaction channels under Clause Z (Customer Care Contact Details).
is executed. 82. Applicants are expected to comply with the CIMB Electronic Banking
67. CIMB reserves the right to refuse to carry out any of the Applicant’s Consumer Awareness Policies below. The Applicant shall be held
instructions that are not consistent with CIMB’s rules and regulations. responsible for the following:
68. In case where the instructions of the Applicant require third party a. Securing Username, Password and MPIN
approval, CIMB’s obligation to perform such transaction would be i. Applicant shall not disclose his/her Username, Password
subject to the approval and consent of the third party obtained by the and MPIN.
Applicant.
 ii. Applicant should not store Username, Password and retained and processed, whether for his/her protection or for the
MPIN on a computer. iii. Applicant should regularly protection and pursuit of the legitimate interests and/or business
change the Password and MPIN and avoid easy-to- purposes of the Bank, such as and for: processing for credit
guess passwords (i.e birthdate, name) investigation, credit scoring, data analytics, collection, automated
a. Applicant should ensure that personal information is private processing of the loan, collecting, data profiling, direct marketing of
and undisclosed. products and services of the Bank and its Partners.
b. Awareness and supervision of transaction history 87. In the event the Applicant provides personal, sensitive personal and
a. Applicant must always check their transaction history financial information relating to third parties, including information
details and statements to ensure that there are no relating to his/her next-of-kin and dependents, the Applicant (a)
unauthorized transactions. confirms that he/she has obtained their consent or are otherwise
b. Applicant should immediately notify CIMB for any entitled to provide this information to the Bank and for the Bank to
discrepancies and unauthorized transactions. use it in accordance with this agreement; (b) agree to ensure that
c. App Use and Access the personal, sensitive personal and financial information of the said
a. Applicant should ensure that he/she has downloaded, third parties is accurate; (c) agree to update the Bank in writing in the
registered, or accessed the correct CIMB Mobile App event of any material change to the said personal, sensitive personal
before doing any online transactions. and financial information; and (d) agree to the right of the Bank to
b. Applicant should only use reputable online app stores to terminate this Facility should such consent be withdrawn by any of
download the CIMB Mobile App. Beware of fake apps the said third parties.
that are designed to deceive the general public. 88. The Bank may at any time and from time to time now and/or in the
c. When possible, Applicant should use data encryption future carry out the necessary reference checks including but not
software when sending sensitive customer information. limited to credit reporting/reference checks with credit
d. Logging-off reporting/reference agencies and/or from any financial institution to
i. Applicant should ensure that he/she was able to log- off enable the Bank to ascertain the Applicant’s status as may be
from the CIMB Mobile App and to refrain from leaving required to help make decisions, for example when the Bank needs
their Mobile Phone unattended or unlocked, even if it is a to (a) check details on applications for credit and credit-related or
for a short period of time. other facilities; (b) manage credit and credit-related accounts or
ii. Applicant should always clear the internet/memory cache facilities, including conducting reviews of the Applicant’s portfolio(s);
and transaction history after logging out from the Mobile recover debts; and/or any purpose related to or in connection with
App to remove saved account information. the account/facility under these Terms. The Applicant will be linked
f. Reviewing Privacy Policies and Disclosure by credit reporting/reference agencies to any other names the
i. During onboarding, Applicants are asked to read the Applicant uses or has used, and any joint and several applicants.
Privacy Notice found in the CIMB Mobile App and on the The Bank may also share information about the Applicant and how
CIMB website and confirm their understanding prior to the Applicant manages his/her account(s)/facility(ies) with
completion of the enrollment. relevant credit reporting/reference agencies.
ii. Applicants must regularly read the Privacy Notice to keep 89. The Applicant further agrees that the Bank shall not in any event be
themselves informed and updated on how CIMB will liable for any claim, loss, damage (financial and otherwise), injuries,
process, protect and share their personal data. embarrassments or liability howsoever arising whether in contract,
g. Other security measures tort, negligence, strict liability or any basis (including direct or indirect,
a. Applicant should refrain from sharing their Username, special, incidental, consequential or punitive damages or loss of
Password or MPIN to any person, third-party, or other profits or savings) arising from any inaccuracy or loss, deletion or
entity regardless of the reason. modification of data or for any other reasons whatsoever relating to
any information forwarded by the Bank to such credit
b. Applicant should avoid using public internet connections
reporting/reference agencies and/or such other party, as the case
or unsecured network when conducting banking
may be, or in relation to any access or use, or the inability to access
transactions through the CIMB Mobile App.
or use by such credit reporting/reference agencies and/or such other
c. Applicant must not disclose their personal information or
party or reliance on the information contained therein, whether
their Username, Password or MPIN in any public forum or
caused by any technical, hardware or software failure of any kind,
social media site.
the interruption, error, omission, delay, viruses or otherwise
d. Applicant must remain vigilant while using their CIMB
howsoever unless the same is caused directly by the Bank’s gross
Mobile App to avoid third-parties from grabbing their
negligence or willful default.
mobile phones. Depositors are encouraged to use
90. This Clause shall be without prejudice to any other clause in these
security screens on their mobile phones to prevent third-
Terms which provides for the disclosure of information.
parties from viewing their details.

S. SUCCESSORS BOND
R. DATA PRIVACY
91. This Terms shall be binding upon and inure to the benefit of the Bank
83. The “CIMB Group” consists of CIMB Group Holdings Berhad and all
and the Applicant and their respective estate, heirs, personal
its related companies, including CIMB Bank PH.
representatives, assigns and/or successors-in-title and any other
84. The Applicant hereby confirms that he/she has read, understood and
person for the time being deriving title under them. In the event of the
agreed to be bound by the Bank’s Privacy Notice (which is available
Applicant’s death, the Applicant’s estate, heirs and personal
at the CIMB website and Mobile App) and the clauses herein, as may
representative are required to repay the outstanding obligations of the
relate to the processing of the Applicant’s personal information and
Applicant under the Facility from the assets of the estate of the
sensitive personal information. For the avoidance of doubt, Applicant
deceased Applicant and no action will be taken against the heirs and
agrees that the said Privacy Notice shall be deemed to be
personal representative of the deceased Applicant in their personal
incorporated by reference into these Terms.
capacities.
85. The Applicant unconditionally allowed the Bank to verify said
information and/or secure other information as may be required by
the Bank and to provide appropriate regulatory and administrative
agencies and/or authorities and/or the CIMB Bank Berhad, its T. ASSIGNMENT
affiliates or branches, any information pertinent to the customer’s 92. The Bank but not the Applicant shall have the right to assign its rights
account(s) and/or as may be stipulated under the applicable laws, and liabilities under the Facility by notice to the Applicant. In the event
rules, regulations, guidelines, directives or agreement. that this Facility or the loans made thereunder are subsequently
86. The Applicant has agreed that the Bank, directly or through its indorsed, assigned, transferred, or otherwise become subject of a
partners, may collect, hold, use, and share his/her Personal and similar transaction by the Bank with another institution including the
Sensitive Personal Information pursuant to the Data Privacy Act of Bangko Sentral ng Pilipinas (BSP), the Applicant gives his/her
2012 (Republic Act No. 10173), such as name, age, photographs, consent thereto and agrees that this Facility and collaterals (if any)
fingerprints, other biometric data (e.g., facial recognition and voice shall serve as security for the obligation of the Bank with such
recognition), mobile number/s, mobile phone usage data, mobile institution. The endorsee, holder, transferee, or assignee shall be
device usage data, employment details, income, financial data, entitled to proceed directly against the Applicant.
financial profile, credit standing, loan payment history, and other 93. Applicant shall be bound to fulfill and perform his/her obligations to
information required in the application form, to (i) individual entities the transferee or assignee, including payment of the loans under the
within the CIMB Group; (ii) Bank’s merchants; and (iii) Strategic Facility in accordance with these Terms. For this purpose, Applicant
Partners for as long as his/her records and Personal and Sensitive waives his/her rights under Article 1634 of the Civil Code of the
Personal Information are required and/or allowed by law to be Philippines
94. The liabilities and obligations created by these Terms or any CIMB is regulated by the Bangko Sentral
documents pertaining to the Facility shall continue to be valid and ng Pilipinas, https://www.bsp.gov.ph.
binding for all purposes whatsoever notwithstanding any change by
amalgamation, reconstruction, or otherwise, which may be made in
the corporate of the Bank.

U. RIGHT TO OUTSOURCE DEBT COLLECTION

95. Subject to and not in derogation of its rights under this Terms, the Bank
shall have the right, at its sole discretion, and when it deems
necessary to appoint and authorize an agent of its choice and on its
behalf to collect all and any sums due to the Bank from the Applicant
under these Terms. Such appointment and authorization must be
made known to the Applicant at least seven (7) calendar days in
advance if the collection of sums due for the account is to be
outsourced to a thirdparty debt collection agency. The Bank will inform
the Applicant the impact on the Applicant’s rights and obligations after
the account has been transferred to a third-party debt collection
agency or sold to a third party. Under specific circumstances where
the Applicant is not contactable, the Bank is considered to have
fulfilled the obligation if such notice has been sent to the last known
address of the Applicant at least seven (7) calendar days in advance.
The Bank shall provide the Applicant with the name and contact
details of the appointed third-party debt collection agency or the third
party to whom the Bank has outsourced the collection of all and any
sums due to the Bank from the Applicant.

V. WAIVERS
96. No failure, omission or delay on the Bank in exercising any right,
power, privilege or remedy accruing to the Bank under this Terms
shall impair any such right, power, privilege or remedy or be
construed as a waiver thereof or any acquiescence in such default,
nor shall any action by the Bank in respect of any default or any
acquiescence in any default affect or impair any right, power,
privilege or remedy of the Bank in respect of any other or subsequent
default.

W. SEVERABILITY
97. If any of the provisions under this Terms shall become void, illegal or
unenforceable in any respect under any law, the validity and
enforcement of the remaining provisions shall not be affected or
prejudiced in any manner whatsoever.

X. GOVERNING LAW
98. This Terms shall be subject to, governed by and construed in
accordance with laws of the Philippines and the prevailing laws or
regulatory requirements or any other provisions or restrictions that
may be imposed upon the Bank from time to time by the Bangko
Sentral ng Pilipinas (BSP) or such other authority having jurisdiction
over the Bank.
99. The parties hereto agree to submit to exclusive jurisdiction of the
Courts of Taguig City, Philippines.
100. The rights and remedies herein provided are cumulative and not
exclusive of any rights or remedies provided by law.

Y. COMPLAINT
101. In the event of any complaint relating to these Terms and the Facility,
and or making inquiry, the Applicant may use the following facilities
and channels in Clause Z (Customer Care Contact Details) below.

Z. CUSTOMER CARE CONTACT DETAILS

102. Phone: For PLDT, Smart, and Talk n Text subscribers, you may call
#2462 (#CIMB) or (+632) 8924-2462 on your phone

For Globe and TM subscribers, you may call us on our landline:

+6328924-2462. Telco charges apply.

Website Help and Support: cimbbank.com.ph/gethelp

CIMB Bank Mobile App: Go to Menu > Help Center > Need Help

Or any other channels that may be provided by CIMB from time to

time.