Credit Cards

TERMS AND CONDITIONS GOVERNING THE ISSUANCE AND USE OF EASTWEST CREDIT CARDS

IMPORTANT: Please carefully read these Terms and Conditions Governing the Issuance and Use of EastWest Credit Cards that constitute the Agreement between East West Banking Corporation ("Bank") and the Cardholder. By signing and/or using the EastWest Credit Card, the Cardholder will be deemed to have received and read these Terms and Conditions and the EastWest Credit Card Fee Schedule, and accepts and agrees to be bound by them.

As used herein, "Card" refers to all EastWest Credit Cards, including Supplementary Card/s and Virtual Card/s, issued by the Bank. "Card Account" refers to the account corresponding to the Card opened and maintained by the Cardholder; such Card Account shall include all account/s in respect of Supplementary Card/s. The words "I", "me", and "my" refer to the Cardholder whose name is embossed on the Card and to whom the Card has been issued.

1. THE CARD AND THE USE OF THE CARD
1.1.

The Card. The Bank has the sole discretion to issue the Card, which remains its property. I shall be responsible for the Card from receipt thereof. The Card shall remain valid until the last day of the month indicated thereon, unless otherwise suspended or terminated. I will immediately surrender the Card to the Bank upon request. Unless earlier terminated or cancelled, the Card shall be automatically renewed before the Expiry Date.

1.2.

Card Delivery. I authorize the Bank or the Bank's official courier to deliver the Card to me or in my absence to any member of my household, any authorized representative or third party allowed by the Bank under its existing delivery policy. I agree to hold the Bank free and harmless from any claim, loss or liability whatsoever arising from the delivery of the Card to authorized representatives.

1.3.

Card Activation. Activation of my Card is subject to the Bank's policy and procedures, which may include further credit evaluation and/or document submissions. The Bank reserves the right to decline my Card activation request without any obligation to disclose the reason therefore. I shall hold the Bank free and harmless for any claim arising from the non-activation of my Card. I understand and agree that my card may be delivered activated, unless otherwise specified.

1.4.

Use of the Card. The Card is issued for my use only, subject to this Agreement as well as the Card's security features, in connection with facilities made available by the Bank from time to time at the Bank's absolute discretion, primarily: (a) the payment for purchases of goods and/or services; and/or (b) credit facilities subject to requirements of and pre-arrangements made by the Bank. The Card may also be used for cash advance, following the Bank's policies and procedures. The Card shall not be used for any prohibited or unlawful transactions under any applicable law.

1.5.

Cash Advance Personal Identification Number (CA-PIN). I will be provided with my CA-PIN for the use of the Card's cash advance facilities. I shall keep my CA-PIN strictly confidential and not disclose it to any other person. I shall be liable for all losses resulting from my failure to handle my Card and CA-PIN with utmost due care.

1.6.

Credit Limit. The Bank has the sole discretion to determine the amount of my credit limit, including any subsequent request for increase or decrease in credit limit, expressed in Philippine Peso and which will be inclusive of my cash advance limit. The Bank reserves the right to withhold information regarding the disapproval of my request for increase of credit limit. My credit limit will be shared between and strictly observed by me and my Supplementary Cardholder/s. My maximum allowable outstanding balance must not exceed my credit limit at any time. Any outstanding balance that exceeds my credit limit shall become immediately due and demandable without further notice or demand. The Bank may increase my credit limit without notice to me. The Bank may reduce my credit limit at any time without prior notice to me and for whatever reason, including but not limited to any reasonable ground for the Bank to believe that the prospect of payment of my Card obligation is or will be impaired as shown by my default in any of my obligations to any third party/ies or such other circumstances and conditions which materially and adversely affect my financial standing or my ability to perform my obligations under these Terms and Conditions. My payments do not automatically adjust my available credit limit as: (a) the posting of payments may occur, following receipt of my payment, one (1) banking day for cash payments made over-the-counter at EastWest branch stores, two (2) banking days for other EastWest card payment centers and four (4) banking days for local clearing check payments, or; (b) there may be transactions posted after my last statement date.

1.7.

Authorization and Limitation of Transaction/s. The Bank may decline any transaction that exceeds my available credit limit. Notwithstanding the availability of credit under my Card Account and for whatever reason, including but not limited to security and risk considerations of either the Bank or the Cardholder, the Bank has the right to: (a) decline authorization of any transaction; (b) limit the number and/or amount of my Card transactions in a given period. I hold the Bank free from any liability for such refusal to authorize or for limiting the number and/or amount of my Card transactions.

1.8.

Merchant. I shall not hold the Bank liable or responsible: (a) if my Card is not accepted, honored or processed by any merchant or any person for any reason whatsoever, notwithstanding the availability of my credit; (b) in respect of any product or service purchased through the Card; or (c) any merchant benefits given to or availed of by me or my Supplementary Cardholder/s. I acknowledge that the circumstances enumerated above are matters that I shall directly raise to the merchant. The existence of any claims or disputes between any merchant and me and/or the Supplementary Cardholder/s shall not relieve me of my obligation to pay my liabilities on my Card Account.

1.9.

Supplementary Cards. I may request for issuance of my Supplementary Card/s through various channels, such as but not limited to regular application form, on-line application through the Bank's website, and application made through the Bank's Customer Service Hotline. The issuance of the Supplementary Card/s is subject to the Bank's credit policies and guidelines. The use of Supplementary Card/s shall be governed by this Agreement. Any reference to the Card issued to me shall also apply to my Supplementary Card/s. I shall be liable for all transactions made and cash advances obtained, including all charges incurred through the use of the Supplementary Card/s regardless of any dispute/s between my Supplementary Cardholder/s and whether the Supplementary Card/s were used without my consent.

1.10.

Multiple Credit Cards. In case I am issued two or more EastWest Credit Cards, I agree that EastWest may, at its sole discretion, give me a separate Credit Limit for each of the credit cards issued or a consolidated Credit Limit for all such credit cards. In case of default in the payment of my obligation on one or more credit cards, EastWest may, at its sole discretion, suspend or terminate my right to use any or all such credit cards and demand immediate payment of all outstanding amounts under any one or all of the credit cards.


2. STATEMENT OF ACCOUNT
2.1.

Statement of Account (SOA). I shall be issued a SOA every month unless my Card Account has been inactive. I shall be informed of my Statement Due Date at the time I receive my Card. I shall immediately notify the Bank if I do not receive my SOA for the month. In the absence of such notice from me, I shall be deemed to have received my SOA. My failure to receive my SOA will not relieve me of my obligation to pay my liabilities on my Card Account on the due date.

2.2.

Billing Disputes/Errors. The entries in the SOA are presumed true and correct unless I notify the Bank in writing of any dispute within twenty (20) days from my Statement Date. If I notify the Bank of a dispute in my SOA, I have the option not to pay the disputed amount while the Bank is conducting an investigation, but I must pay such portion of the total statement balance which is not in dispute or the minimum payment due on or before the Payment Due Date. The Bank shall treat the disputed amount as an outstanding availment against my credit limit. If after investigation, the claim is established to be valid, I am not liable to pay any interest charges and late payment charges related to the disputed amount only. Otherwise, I am liable to pay the disputed amount as well as the corresponding interest charges and late payment charges due thereon computed from the transaction date up to the date of dispute resolution. After having conducted its investigation, the Bank's findings are conclusive.


3. PAYMENT
3.1.

My Obligations. I shall pay all amounts charged to my Card, including interest, applicable fees and charges, and applicable taxes. All transactions made in foreign currencies/merchants shall, in accordance with the Bank's procedures, be automatically converted to Philippine Peso at the Visa/MasterCard currency conversion rate plus the Bank's foreign currency conversion fee in effect at the time the transaction is posted and which amount represents the Cardholder's liability to the Bank for the purchase and payment on the Cardholder's behalf of the foreign currency necessary to discharge the amounts due the merchants. At every billing cycle, I have the option to pay my Total Statement Balance, the Minimum Payment Due, or any amount in between my Total Statement Balance and the Minimum Payment Due.

3.2.

Minimum Payment Due. My SOA shall show my Minimum Payment Due composed of the following: (a) past due amount; (b) a percentage of my Total Statement Balance; and (c) any amount in excess of my credit limit. The Minimum Payment Due is the sum of (a), (b) and (c), or Php500 for EastWest Platinum MasterCard or Php200 for all other EastWest Credit Cards, whichever is higher.

I must pay my Minimum Payment Due on or before my Payment Due Date to ensure that my Card Account is active and current and to maintain a good credit record. If my Payment Due Date falls on a Saturday, Sunday or holiday, the banking day before the Payment Due Date indicated in my SOA automatically becomes the Payment Due Date. Otherwise, I may be imposed with a Late Payment Charge in addition to the Interest Charge.

3.3.

Application of Payment. Payment to my Card Account shall be applied in the following order:

  1. Interest Charge – Cash Advance
  2. Interest Charge – Retail
  3. Service Fee – Cash Advance
  4. Service Fee – Retail
  5. Annual Membership Fee
  6. Other Fees (e.g. late payment charge, returned check fee, retrieval fee, foreign currency conversion fee, card replacement fee, over credit limit fee, installment pre-termination processing fee, closed card account service fee and other fees that may be imposed)
  7. Principal Balance – Cash Advance
  8. Principal Balance – Retail and Installments (inclusive of installment interest)

If I have 2 or more Cards, the Bank may, at its option and without notice to me, unilaterally apply my payments to any of my Card Accounts. If I make any overpayments, I authorize the Bank, without obligation on its part, to apply any such overpayment to any of my outstanding obligations to the Bank.

3.4.

Automatic-Debit-Arrangement. I may opt to enroll in the Automatic-Debit-Arrangement (ADA) facility to authorize the Bank to debit the Minimum Payment Due or Total Statement Balance on each monthly SOA against my Current or Savings deposit account maintained with the Bank.


4. FEES & CHARGES
4.1.

Fee Schedule. The Bank shall provide me with a Fee Schedule prior to or upon delivery to me of my Card. I shall pay the following fees and charges in amounts or rates set forth in the Fee Schedule. The rates may be changed from time to time upon prior notice to me by the Bank.

4.2.

Interest Charge (IC). If I fail to pay my Total Statement Balance in full on or before the Payment Due Date as set out in my SOA, an IC will be imposed. The IC is based on my Average Daily Balance (ADB) computed from transaction date for cash advance, credits/payments and retail transactions/monthly installments/fees until the next cycle cut-off. Any ICs due but unpaid shall form part of the total outstanding balance and will continue to earn ICs.

4.3.

Late Payment Charge (LPC). If I fail to make the Minimum Payment Due on or before the Payment Due Date as set out in the SOA, an LPC will be imposed in addition to the IC. LPCs are computed based on my Minimum Payment Due. However, should my Card Account become 90 days past due and is, therefore, cancelled, LPCs shall be computed based on my total outstanding obligation. Any LPCs due and unpaid shall form part of the outstanding balance and will continue to earn ICs and, when applicable, LPCs.

4.4.

Multiple Payment Fee. I shall be allowed a maximum of three (3) payment transactions in non-EastWest payment channels within my statement cycle. A fee will be charged for each EastWest Credit Card payment made after my 3rd non-EastWest payment transaction. Payments made in EastWest channels will not incur any charges.

4.5.

Returned Check Fee. This will be charged for each returned check.

4.6.

Retrieval Fee. This may be charged for the retrieval of any charge slip or sales invoice copy.

4.7.

Foreign Currency Conversion Fee. This will be charged on transactions made in foreign currencies/merchants or those processed by foreign acquirers which shall be automatically converted to Philippine Peso at the Visa/MasterCard conversion rate on the day of transaction processing. This is comprised of Visa/MasterCard’s assessment fee and EastWest’s service fee. The posted peso equivalent amount of my foreign currency/merchant/acquired transactions is inclusive of the Foreign Currency Conversion Fee.

4.8.

Annual Membership Fee. This will be charged for the Card facilities and services that are or may be made available to me by the Bank while my Card Account is not cancelled or terminated.

4.9.

Cash Advance Service Fee/s. A cash advance service fee will be charged for every cash advance transaction availed through an Automated Teller Machine (ATM). For cash advance transactions availed over-the-counter at the Bank's branch stores, an over-the-counter fee will be charged in addition to the cash advance service fee. The proceeds of the over-the-counter cash advance transaction shall be net of the over-the-counter fee.

4.10.

Gambling and Gaming Fee. A service fee shall be charged on gaming/gambling transactions and/or transactions made at gaming/gambling establishments, including the placement of wagers, purchase of lottery tickets or other values in conjunction with any gaming or gambling activities.

4.11.

Card Replacement Fee. This will be charged per replacement Card.

4.12.

Over Credit Limit Fee. This will be charged whenever my outstanding balance exceeds the prescribed credit limit for my Card within my billing period.

4.13.

Installment Interest. Also referred to as "add-on interest rate", this will be charged on installment payment transactions.

4.14.

Installment Pre-termination Processing Fee. This will be charged for the pre-termination of my installment transaction.

4.15.

Closed Card Account Service Fee. For closed Card Accounts which have credit balances, I shall make the appropriate arrangements with the Bank to collect my credit balance within three (3) months from the date when the Card Account is closed. Otherwise, the Bank shall deduct from such credit balance a fee representing administrative costs incurred by the Bank in maintaining my Card Account.

4.16.

Other Fees and Charges. I agree to pay such other fees and charges that may be imposed on my Card Account.


5. INSTALLMENT PAYMENT TRANSACTIONS
5.1.

The installment transaction made with the use of the Card shall be paid in equal and successive monthly installments in the amount and for the tenor indicated in the installment application form, charge slip or installment contract. The first monthly installment due shall be posted in my Card Account in my next statement cut-off date. Succeeding installments shall be posted and billed until my entire installment transaction is paid.

Each monthly installment shall form part of the Total Statement Balance on my Card Account. Should I opt to pay only the minimum payment due, I understand that this will include only a percentage of my monthly installment, in which case I will be imposed an interest charge in addition to the installment interest.

5.2.

Any payment made over and above the Minimum Payment Due shall be applied to my outstanding balance, excluding unbilled monthly installments. Any amount in excess of such outstanding balance will be reflected as a credit on my Card Account. Any such excess payment or credit shall not be treated as an advance payment on the monthly installment/s due on my Card Account and the monthly installment/s shall continuously be billed until the end of the term indicated in the installment application form, charge slip or installment contract covering the installment transaction.

5.3.

If for any reason, the Bank suspends, revokes or cancels my Card, my total outstanding obligation including the unpaid amount of installment transaction/s and all fees, expenses or charges or applicable taxes due, shall immediately become due and demandable and which I shall pay to the Bank. Should I pre-terminate an installment payment transaction; the remaining installment payment transaction balance (excluding unearned interest) will become due and demandable. I agree to pay the corresponding processing fees for the pre-termination of my installment transaction/s.

5.4.

Subject to Section 5.5 hereof, the Bank shall act on the basis of: (a) the information I wrote in my installment transaction application; and, (b) the Bank's credit policies and guidelines.

5.5.

The Bank has the sole discretion to approve only a portion of the installment transaction amount I applied for.

5.6.

Balance Transfer. Upon approval of my application, the Bank shall directly remit payment of the approved Balance Transfer amount to the payment center or depository bank of the non-EastWest credit card issuer.

5.7.

Insta-Cash Installment Loan. My Insta-Cash Installment Loan shall be subject to the applicable credit policies and guidelines.

5.8.

Convert-to-Installment. Upon approval of my application, any and all interest charges already imposed on my Total Outstanding Balance or any part thereof that will be subject of and covered by my Convert-to-Installment will not be adjusted, refunded or credited back to me.

5.9.

Merchant Installment. The Bank does not guarantee the quality of the merchandise or service subject of the installment application form, charge slip or installment contract. Any defect or damage on the merchandise or service shall not affect or excuse my obligation to pay my Card Account.


6.

NEW PROGRAMS, PRODUCTS AND SERVICES. The Bank may, from time to time, introduce new products, programs, privileges, benefits, facilities or services ("New Programs") to be governed by the specific terms thereof and this Agreement. I allow the Bank, at its discretion, to grant or extend to me its New Programs, including but not limited to credit and/or debit products and facilities. The introduction, terms and conditions, restrictions, termination or withdrawal, duration and/or change of such New Programs shall be at the Bank's sole discretion and I may not compel the Bank to offer any New Programs to me. In case of conflict between those specific terms and this Agreement, those terms shall prevail insofar as the New Programs specifically covered are concerned. I agree and authorize the Bank to send promotional advertisements of its products and services to me through mail, short messaging services, multimedia messaging services, electronic mail and other forms of telecommunications even after the cancellation of my card account, unless I expressly notify the Bank otherwise.

 

 

7.

RECORDING OF CALLS. I expressly permit the Bank to make, at its sole option and discretion, recordings of all telephone calls I make to or accept from the Bank. I hereby authorize the Bank to use such recordings for any legal purpose. The recorded calls shall be conclusive evidence of my conversations with and instructions to the Bank.

   
8.

LOST AND STOLEN CARD. I will immediately report the loss or theft of my Card to the Bank by calling: the Bank's 24-Hour Customer Service Hotline at 888-1700 in Metro Manila; the Domestic Toll-Free 1-800-1888-8600 or (632) 888-1700, collect, from outside the Philippines, or; Toll-Free 1-866-828-6296 from the USA. I shall be fully liable for all transactions using my lost or stolen Card made prior to my report of the loss or theft of my Card. Issuance of any replacement Card shall be at the Bank's sole discretion.

   
9.

CARDHOLDER INSTRUCTIONS. The Bank shall, after proper identification of or verification with me and pursuant to its policies and guidelines, implement my instructions pertaining only to my individual Card Account inclusive of Supplementary Card/s details and information. My instructions or authorizations may be in the form of letters, telephone call, facsimile transmission or email. Notices shall be deemed received on (a) the date of receipt, if personally delivered or posted by mail; or (b) the date of transmission as evidenced by the fax transmission report, if sent by facsimile; or (c) the date the electronic message is received by the addressee's system as evidenced by the auto return receipt if sent by electronic mail.


I shall hold and keep the Bank free and harmless from any and all complaints, claims, suits or proceedings instituted by any person in connection with the instructions I give to the Bank.

   
10.

CHANGE OF CARDHOLDER INFORMATION. I shall immediately notify the Bank in writing of any change in my Personal Data (including civil status, residence, office and/or billing address and/or telephone number/s, and all related information) and change of my financial status which may prejudice or adversely affect my being a Cardholder. I understand that my billing address shall always be within Metro Manila or within the trading areas of the Bank. In case my chosen billing address is not accessible through mail or delivery, the Bank shall have the option to use my alternate addresses.

   
11.

DISCLOSURE AND REPORTING. I consent to the use and disclosure by the Bank of information in and relating to my Card Account and my Card transactions and dealings with the Bank, to any of its subsidiaries and affiliates, agents, members of the Filinvest Group of Companies, other banks and banking associations, credit card companies and associations, financial institutions, credit information bureaus and their equivalent, third-party service providers rendering services to the Bank, as well as third parties authorized by the Bank to receive such information, wherever situated, for confidential use in connection with the Bank's exercise of its functions to provide banking, credit card and related services as well as for any business purposes (including but not limited to sales and marketing, credit investigation and collection, information technology systems and processes, data processing, imaging and storage, back-up and recovery and risk analyses purposes). I agree that such disclosure or exchange of information shall not be the basis of any claim against the Bank or the parties to whom the Bank makes the disclosure. I acknowledge that the Bank may disclose any information or data regarding my Card, Card Account and Card transactions upon orders of courts or requests of competent government offices or agencies authorized by law. I hereby give permission for the Bank to request information and to make necessary inquiries about me from third parties in connection with any updates, re-issuance or extensions of the Card.


12. DEFAULT
12.1.

Events of Default. I shall be considered in default in any of the following events: (a) my Card Account becomes delinquent when I fail to pay my Minimum Payment Due within the next Payment Due Date; (b) I exceed my credit limit; (c) I fail to perform and/or comply with any of these Terms and Conditions; (d) the Bank receives any legal process against me, my business/es, money/ies, property/ies or asset/s; (e) I apply for voluntary relief or shall be the subject of involuntary relief under insolvency or other bankruptcy laws; (f) the Bank has reasonable ground to believe that any information, representation or warranty made by me in my application for the Card was incorrect, misleading or untrue at the time it was made; (g) I am involved in a litigation the contingent and accrued liability of which would materially and adversely affect my financial standing or ability to pay or perform my obligations under this Agreement; (h) I am charged in a criminal suit or under investigation by competent agency for violation of any law; (i) the Bank has reasonable ground to believe that the prospect of payment of my obligation on my Card Account is impaired as shown by my default in my other obligations to the Bank under any other credit accommodation, the sale or disposition of any substantial portion of my asset/s or property/ies which is not in the ordinary course of my business, my default in any of my obligations to the Bank's subsidiaries or affiliates, or my default in any of my obligations to any third party/ies, or such other circumstances and conditions which materially and adversely affect my financial standing or my ability to perform my obligations under these Terms and Conditions; (j) I have acted fraudulently or with gross negligence in the use of my Card; and (k) The Bank has prima-facie evidence of my violation of the Access Devices Regulations Act of 1998.

12.2.

Consequences of Default. Without limiting the remedies available to the Bank, the following shall be the consequences of my default: (a) my entire unpaid obligation, including all fees and charges, under any or all of my Card Account/s shall become immediately due and payable without need of prior demand; (b) my Card/s and all Supplementary Card/s shall be automatically cancelled without prior notice, which I hereby waive; (c) the Bank may immediately implement the right to set off pursuant to Section 13 hereof; and (d) the Bank may immediately initiate any legal action or proceedings to protect its rights and interests. If the Bank refers my Card Account to a collection agency and/or to a lawyer, I shall be liable to pay the reasonable costs and expenses of engaging such collection agent and/or lawyer and such other expenses reasonably incurred by the Bank in recovering such payment and enforcing its rights under this Agreement.


13. RIGHT TO SET-OFF
13.1.

In case my Card Account is in default, the Bank shall have the right, without need of prior notice to me, to set-off or apply to the payment of my Card obligations any funds which I may have deposited with the Bank, or which the Bank may have in its possession or control, including all or any interests or other income which may accrue thereon, and including but not limited to time deposit accounts and/or long-term investments, which the Bank is authorized to pre-terminate accordingly, to convert into Philippine Peso if denominated in foreign currency at the prevailing exchange rate at the time of set-off or pre-termination, it being understood that all taxes, expenses and charges arising from the pre-termination shall be shouldered by me.

13.2.

I hereby authorize the Bank, by way of legal compensation or set-off, to withhold all my properties or securities that are now or may hereinafter come into the possession and/or control of the Bank, and apply the same at its option, to the payment of my Card obligations. I hereby irrevocably constitute and appoint the Bank as my attorney-in-fact with full power, in my name and behalf but without necessity of prior notice, to negotiate, sell, transfer, or in any manner dispose of such stocks, bonds, or other property by public or private sale, including any and all interests or other income which may accrue thereon, and thereafter apply the proceeds of such sale or disposition in payment of any and all amounts due under my Card Account.


14. SUSPENSION OR TERMINATION OF THE CARD ACCOUNT
14.1.

Card Blocking. I acknowledge that even though my Card Account is not in default, the Bank may, at any time and without need of prior notice to me, block to prevent the use of the Card for whatever reason, including but not limited to (a) possible fraud or (b) if the Bank detects any unusual, questionable or suspicious transaction/s on my Card Account.

14.2.

Card Suspension. I acknowledge the Bank's right to suspend my Card Account, without notice to me and for whatever reason, including but not limited to my failure to pay at least my Minimum Payment Due on Payment Due Date. My suspended Card Account may, at the option of the Bank, be reinstated once I make payment sufficient to make my Card Account active and in order.

14.3.

Card Cancellation. The Bank has the right to cancel and terminate my Card Account, without notice to me and for whatever reason, including but not limited to events of default. I may terminate this Agreement and cancel my Card Account by giving the Bank written notice or by calling the 24-Hour Customer Service Hotline. The cancellation is effective upon confirmation by the Bank of receipt of the cancellation of my Card Account. I will still be responsible for all transactions made and fees and charges imposed before the confirmation of my Card Account cancellation.

14.4.

Closed Card Account. In case of termination of my Card or this Agreement, my entire outstanding obligation in my Card Account (regardless of whether or not the transactions made have been posted to my Card Account), including all fees and charges, shall become immediately due and payable without demand or notice. The Bank shall be entitled to continue charging ICs and LPCs until my Card Account obligation is fully paid. In case there are credit balances remaining after the Card Account is closed, I shall make appropriate arrangement with the Bank and collect the remaining credit balance within three (3) months from the date when the Card Account is closed.

14.5.

Non-liability. I shall hold the Bank free and harmless against any and all liability arising from or any loss or damage that I may suffer as a result of Card Blocking, Card Suspension and/or Card Cancellation or Termination.

14.6.

Reactivation. My request for the reactivation of my cancelled Card/s is subject to the approval of the Bank at its sole discretion.


15.

ABSENCE FROM THE PHILIPPINES. Without prejudice to the other provisions of this Agreement, if I should be absent from the Philippines for more than one (1) month, I shall make arrangements to settle the Card Account prior to my departure.

 

 

16.

INABILITY TO PERFORM OBLIGATIONS. The Bank shall not be liable if it is unable to perform its obligations under this Agreement or if there is any failure in my/Supplementary Cardholder/s' ability to use the Card or the Card services due (directly or indirectly) to the failure of any machine, data processing system or transmission link or any industrial dispute or any other factor outside the control of the Bank or outside the control of its service providers, agents or sub-contractors.

   
17.

LIMITED LIABILITY. In any action arising from this Agreement of any incident thereto which I or any other party may file against the Bank, the liability of the Bank shall not exceed One Thousand Pesos (Php1,000.00) or the actual damages proven whichever is lesser.

   
18.

VENUE. The exclusive venue of any and all suits directly or indirectly arising from or relative to this Agreement or the issuance and use of the Card shall be the proper courts in Metro Manila; all other venues are hereby waived.

   
19.

NOTICES. The Bank may send any notice to me by prepaid post to my address last known to the Bank. Any notice so sent by the Bank shall be deemed to have been received by me five (5) days from the date of posting. I must send or confirm any notice to the Bank by prepaid post to the Bank's place of business indicated in these Terms and Conditions or at P.O. Box 2628 Makati Central Post Office 1266, Makati City. All notices or other communications sent by me to the Bank shall be deemed to have been delivered to the Bank on the day of actual receipt by the Bank. Notices to the Bank may also be sent by me through facsimile, email or other electronic means using the address indicated by the Bank in the Statement of Account or in the Member's Guide, which shall be deemed delivered only upon actual receipt by the Bank.

   
20.

CO-OBLIGOR. I shall provide an acceptable Co-Obligor, upon notice to me by the Bank. The Co-Obligor shall be jointly and severally liable with me and my Supplementary Cardholder/s to pay the Bank all obligations and charges made through the use of the Card.


The Co-Obligor shall notify me and the Bank in writing of his intention to withdraw as my Co-Obligor and may be discharged subject to the condition that the Co-Obligor continues to be liable for all amounts unpaid and outstanding as of thirty (30) days from receipt by the Bank of such written notice. Failure by me to immediately furnish a new Co-Obligor acceptable to the Bank may result in an automatic termination or suspension of my privileges.


21. GENERAL PROVISIONS
21.1.

Amendments. The Bank has the right to amend this Agreement and/or the Fee Schedule. I will be informed of these changes, alterations, revisions, or modifications through my SOA and/or other written media. My continued use of the Card after such notice shall be deemed my agreement to all such changes, alterations, revisions or modifications. Where such Amendments
are to the Fee Schedule or affect the fees and charges and my liabilities or obligations under this Agreement, I will be given not less than 30 days' notice before the Amendments take effect unless such changes are not within the Bank's control. My continued use of the Card and/or failure to settle the entire outstanding balance of the Card Account and all outstanding fees and charges after the expiration of such notice shall be deemed my acceptance of all the Amendments made to this Agreement. If I do not accept any Amendment, I may terminate this Agreement by giving the Bank written notice within 30 days after the date of the notice of Amendment and by returning the Card and all Supplementary Card/s to the Bank.

21.2.

Documentary Requirements. I shall, upon notice to me by the Bank, seasonably submit additional documentary requirements.

21.3.

Assignment. The Bank may assign, cede, sell or otherwise transfer part or all its rights and/or obligations under the Card Account or this Agreement without need of notice to me and the Supplementary Cardholder/s. I may not sell, assign or transfer any of my rights and obligations under this Agreement.

21.4.

No Waiver of Rights. No failure or delay by the Bank in exercising any right, power or remedy under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of the same preclude any further exercise thereof or the exercise of any other right, power or remedy.

21.5.

Separability Clause. If at any time any provision of this Agreement is or becomes illegal, invalid or unenforceable in any respect, the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby.

21.6.

Governing Law. This Agreement shall be governed by and construed in accordance with Philippine laws.

21.7.

Binding Effect. These Terms and Conditions shall bind the parties, their heirs, executors and administrators, as well as their successors and assigns.

21.8.

Compliance. The Bank and I shall comply, to the extent applicable to each of them, with the provisions of (i) the Terms and Conditions Governing the Issuance and Use of EastWest Credit Cards, (ii) laws, statutes and regulations of the Republic of the Philippines and BSP Circulars relevant to credit cards and credit accommodations and (iii) the provisions of Republic Act 8484 governing the use of the credit card and other access devices in commercial transactions.

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