TERMS AND CONDITIONS GOVERNING THE ISSUANCE OF
EASTWEST CREDIT CARDS ELECTRONIC STATEMENT OF ACCOUNT (E-SOA)
IMPORTANT: Please carefully read these Terms and Conditions Governing the Issuance of EastWest Credit Cards Electronic Statement of Account (“e-SOA”) that constitutes the Agreement between East West Banking Corporation ("Bank") and the Cardholder. As used herein, the words “You”, “Your” and “Yours” refer to any holder of an EastWest Credit Card. The words “We”, “Ours”, “Us”, and “Bank” refer to EastWest Banking Corporation, or to EastWest.
By enrolling in and/or using the Bank’s e-SOA Facility (“Facility”), you have accepted and agreed to be bound by all operational rules and general terms and conditions governing the Facility, EastWest Credit Card e-SOA and e-SOA advice, including without limitation all the following paragraphs and to pay any fee associated with the use of EastWest Credit Card e-SOA and/or the Facility.
By signing up and using the e-SOA and/or the Facility, you further agree to be bound by any and all laws, rules, regulations and official issuance applicable to the e-SOA and/or the Facility, now existing or which may hereinafter be enacted, issued or enforced.
Facility means the facility through which you shall receive and view your monthly EastWest Credit Card Statement of Account/s through a password protected attachment to an e-mail. An e-SOA shall contain information regarding your EastWest Credit Card account/s.
Enrollment to the Facility
You may enroll in the Facility by providing an individual e-mail address. EastWest has full discretion to reject any enrollment request in the Facility without needing to provide you with the reason for such rejection. Your statement of account will be delivered to you as an attachment using the e-mail address you have provided on record. You will also receive an SMS advice that your statement of account has been sent to your e-mail address.
You likewise agree that, if you provided EastWest with your email address when you applied for your EastWest Credit Card (“Card”) or any time thereafter after your Card was issued, you may be automatically enrolled in the Facility until you cancel the enrollment.
You agree that, upon your enrollment to e-SOA, we shall no longer provide the paper form of your monthly statement of account. Instead we shall generate your e-SOA on your statement date and deliver through e-mail with the use of an e-SOA password within five (5) business days after your statement date. An SMS advice shall also be sent to your registered mobile number to notify you of the e-SOA availability. Your e-SOA shall be deemed delivered five (5) business days after your statement date. Upon unsuccessful e-SOA sending, we shall generate the paper form of your Statement of Account for the particular cycle and send to your last known and recorded mailing address the paper form of your Statement/s of Account.
Once you have enrolled one of your Card accounts in the Facility, all your Card accounts will be automatically enrolled by us in the Facility.
We reserve the right to impose a fee on your requests for generation of the paper form Statement of Account after your enrollment into the Facility and/or for your continued enjoyment of the Facility.
Viewing the e-SOA
Your e-SOA shall be available within five (5) days after your statement date and shall be password protected. You may view your e-SOA attached through your e-mail with the use of a correct password. We shall not be liable should you unable to view your e-SOA should you enter the wrong password or when your internet service is not available due to maintenance and/or computer, telecommunication, electrical, network failure or for any other reason beyond our control.
Suspension/Cancellation of e-SOA
You agree that EastWest has the right to suspend or cancel your enrollment in the Facility at anytime. You may also opt to terminate your enrollment in the Facility by giving prior notice of such termination through EastWest Customer Service, which termination shall take effect upon our acknowledgement of your notice to terminate your availment of the Facility.
Upon suspension or cancellation of the Facility, a paper based statement of account shall be sent to your last known mailing address on record on the next statement cycle following the effectivity of the suspension or cancellation of your enrolment in the facility.
You are responsible for keeping your e-SOA and password confidential. You shall not share or disclose your e-SOA and password to any unauthorized person.
You shall hold EastWest free and harmless against any and all liability including but not limited to, those relating to any secrecy laws or regulations (if any), should any of your account or information found in your e-SOA be viewed, accessed or used by any person other than you.
You shall inform us as soon as you know or suspect that someone else knows your e-SOA password. If you fail to do so you shall be solely liable for any unauthorized transactions made on the basis of information found in the e-SOA.
You agree to indemnify and keep us indemnified, against any and all proceedings, claims, losses, damages, or expenses (including legal costs) arising from or in connection with the following:
- Our action upon any instructions given through any of our communication channels or upon instructions through our Customer Service where your identity was established through our verification process.
- The improper or unauthorized use of your e-SOA.
- Any damage to the customer terminal (including mobile devices), related facilities or software as a result of access to e-SOA.
- Any loss or damage caused by e-SOA or e-mail attachment when restricted, delayed or otherwise affected by any law or regulation which governs the use or component of the e-SOA, any relevant internet service provider or information service provider or system.
- Any loss or damage caused by an act or omission of any relevant internet service provider or information service provider or network provider.
- Any loss or damage caused by modification, alteration, upgrade or termination of e-SOA.
- Any delay or failure in any transmission, dispatch or communication facilities.
Limitation of Liabilities
Subject to provisions herein, if we are found liable for any act or omission for any reason whatsoever, our liability shall be limited to the amount of the service fee charged or your actual proven damages, whichever is less. We shall not be liable for indirect, special or consequential loss or damages arising in any way out of the use of the Facility.
We shall use reasonable efforts to ensure that your e-SOA is password protected prior to sending to your e-mail address. However, we do not warrant the secrecy or confidentiality of any information transmitted through any relevant internet service provider, network system or such other equivalent system.
Intellectual Property Rights
You acknowledge that all proprietary rights relating to or in connection with the e-SOA and updates thereof, including without limitation trademark, trade name, service mark, patent and copyright, shall at all times vest and remain vested in us.
Independent Internet Service Provider/Customer Terminal
You understand that your access to the EastWest Credit Card e-SOA shall be effected through the relevant internet service provider or network provider in the country from where such service is accessed, and to this extent such access will also be subject to and governed by the relevant internet laws and regulations of that country and any terms and conditions prescribed by such relevant internet service provider or network provider in separate agreements with you. You shall be responsible for all fees, charges and expenses, including telephone charges, which may be imposed by any internet service provider incurred in connection the use of the EastWest Credit Card e-SOA.
You represent to the best of your knowledge that the customer terminal and/or any other computer system or device through which access may be effected by any use of your e-SOA, your e-SOA Password, are free from any electronic, mechanical, data failure or corruption, computer viruses and bugs and other similar problems. You agree that neither we, nor any of our officers and employees or any of our branches, affiliates or subsidiaries, is responsible for any electronic, mechanical, data failure or corruption, computer viruses and bugs or related problems that may be attributable to the services provided by any relevant internet service provider or information service provider on your customer terminal.
Change of e-mail Address/mobile number
You shall immediately notify us of any change in your e-mail address which you have registered for e-SOA and/or mobile number. We shall not be responsible for the consequences of your inability to receive your Statement of Account from us/SMS advisory of e-SOA availability, as a result of your failure to timely notify us of the change in your e-mail address and/or mobile number. Neither shall we be responsible for the consequences of the Statement of Account from us being sent to the wrong person, as a result of your failure to timely notify us of the change in your e-mail address/mobile.
Waiver of Confidentiality
You consent to the transmission of your e-SOA through the internet, and acknowledge that the internet is not necessarily a secure communications and delivery system, and understand the risks associated with it (among others, confidentiality, security, tampering and unauthorized use). You agree to waive any bank secrecy rights under Republic Act No. 1405, as amended, Republic Act No. 6426, as amended, Section 55.1(b) of Republic Act No. 8791 and any and all other laws on the confidentiality of bank deposits.
The Terms and Conditions Governing EastWest Credit Card e-SOA shall form part of the General Terms and Conditions Governing the Issuance and Use of EastWest Credit Cards.