Direct Agent 5 Cash Card
Terms and Agreement
1. DA5 CASH CARD
The DIRECT AGENT 5 Cash Card is a Pre-Paid Card issued by Direct Agent 5 (“DA5”). It is a prepaid, reloadable, multi-purpose electronic value card, which may be used locally as a cash card for banking and other lawful transactions. Binangonan Rural Bank, Inc. (BRBI) is the e-money instrument issuer of DA5 Cash Card.
2. REGISTRATION AND OWNERSHIP OF DA5 CASH CARD
The Customer is required to completely fill out the BRB Customer Form and present a copy of any valid identification. The DA5 Cash Card will be activated once the information provided by the Customer is validated by DA5, who shall not be liable for any failure of the Customer not being approved a DA5 Cash Card due to the failure of the Customer to provide the required information. The Customer’s registered information and valid identification presented are presumed to be true and valid. The Customer shall be responsible for the security of the DA5 Cash Card and Personal Identification Number (PIN) once assigned.
3. DA5 CASH CARD FEES
The Customer agrees to pay fees, applicable taxes and other charges related to the use of the DA5 Cash Card, as provided by DA5, such as, but not limited to, ATM, DA5 Tellering and POS withdrawal, balance inquiry, and loading fees. Fees and other charges shall be inclusive of all applicable Philippine taxes and shall be debited from the Customer’s Cash Card balance. The amount of fees and charges may be revised from time to time, as DA5 may, in their absolute opinion, deem necessary. Please refer to the latest posted cash card fees.
4. LOADING OF THE DA5 CASH CARD AND REDEMPTION OF LOAD
The DA5 Cash card is reloadable upon purchase. The Customer must load a peso value onto the DA5 Cash Card prior to usage. Loading can be done at the DA5 Head Office and Partner Agent Branches. The minimum allowable load amount is PHP 100 Per Customer, the aggregate load limit is PHP 100,000 per calendar month. The loading service fee will be deducted immediately from every successful loaded transaction amount. All load transactions shall be payable in cash. No other modes of payment such as checks shall be accepted for loading. DA5 Cash Card may be redeemed at face value. It shall not earn interest, rewards and other similar incentives convertible to cash, nor can it be purchased at a discount.
5. DA5 CASH CARD USAGE
You can use your DA5 Cash Card to withdraw cash from any BancNet ATM and POS Cash-out or purchase goods and services at any POS Terminal connected to BancNet. In the event that a non-personalized DA5 Cash Card is captured in any BancNet ATM, the card will not be returned but destroyed by the bank that captured it. This is a policy for unnamed DA5 Cash Cards. Hence, the Customer must report this immediately to the Customer Care Hotline, and he/she must buy a new DA5 Cash Card. Likewise, the Customer or his/her representative must, at all times, ask for the confirmation receipt as proof of every successful transaction and as reference in case of a dispute. In the event that the DA5 Cash Card is lost or stolen, the loss or theft must be immediately reported by the Customer to DA5’s Customer Care Hotline.
6. VALIDITY AND EXPIRY OF CASH CARD
Unless earlier terminated by DA5, or voluntarily cancelled or returned by the Customer, the DA5 Cash Card shall be valid from the day of issuance up to the last day of the month indicated on the expiry date (MM/YY). Therefore, upon expiry, the Customer must purchase a new Cash Card to continue enjoying the DA5 Cash Card services. The Customer shall not use the Cash Card after its expiry date, cancellation, suspension, termination, withdrawal, or permit other persons to use the Cash Card for any reason whatsoever.
7. COMPLIANCE TO EXISTING LAWS AND DA5’S NON-LIABILITY
The Customer hereby warrants that the use of the Cash Card, including but not limited to the transfer and/or receipt of funds using the Cash Card, does not and will not violate the Anti-Money Laundering Law, as amended from time to time, as well as other applicable laws, rules, or regulations. By registering and using the Cash Card, the Customer hereby agrees to render DA5, its officers, employees, and representatives, free and harmless and indemnified from any liabilities, damages, suits, or causes of action whatsoever which may arise from any violation of said laws, rules, or regulations. Moreover, DA5, upon reasonable suspicion of fraud, irregularity, or anomaly involving the Cash Card may automatically block the use thereof, with or without prior notice, and initiate investigation. The Customer agrees to hold DA5, its officers and employees, free and harmless from any liability arising from the failure of any accredited establishment, DA5 or third-party merchant to honor the Cash Card, or as a result of any defect with the Cash Card.
8. FRAUDULENT TRANSACTIONS
8.1 Blocked Card – DA5, in association with Partner Agent Branch, shall have the right to automatically suspend or block a Cash Card in the event that DA5 has reason/s to believe that the Cash Card is being used for fraudulent or suspicious transactions. DA5 or Partner Agent Branch may, but shall not have the obligation to, inform the Customer prior to suspending or blocking the Cash Card pursuant to this Section. The Customer acknowledges the action of DA5, in association with Partner Agent Branch to suspend or block the Cash Card and accordingly, the Customer shall hold DA5 free and harmless against any and all consequences of such suspension or blocking, or any loss or damage which the Customer may suffer as a result thereof.
8.2 Discretion – Without giving any reason or notice, and without prejudice to the other provisions hereof, DA5 or Partner Agent Branch at their absolute discretion, may (a) refuse to approve any proposed Cash Card transaction even if there is sufficient available balance; (b) suspend, terminate or cancel the Customer’s right to use the Cash Card.
9. REMAINING BALANCE
Any DA5 Cash Card that is lost, expired, captured, cancelled, or suspended but with remaining balance, the Customer can request for the load balance transfer only to his/her DA5 Cash Card. He/she may buy a new DA5 Cash Card. The transfer of the remaining balance will only be accommodated if the DA5 Cash Card is registered under his/her name.
10. TRANSFER OF INFORMATION
The Customer hereby authorizes DA5 to transfer, disclose and communicate any information relating to the Customer’s Prepaid Cash Card account, or any of the Customer’s properties or investments with DA5, to any of the offices, branches, subsidiaries, affiliates, agents and representatives of DA5 and third parties selected by any of them, wherever situated, for references, referrals, cross selling, data processing, credit checking and storage, anti-money laundering monitoring, review and reporting, statistical and risk analysis purposes. In addition to the foregoing, DA5 and any branch, subsidiary, affiliate, agent and representative or third party may transfer and disclose any such information as may be required by any law or regulation. Conformity to the Terms & Conditions of the Customer Application Form or use of the DA5 Cash Card shall constitute the Customer’s consent for any transfer and disclosure of information relating to his/her Cash Card account, properties and investments for the purposes as indicated above and under Data Privacy Act of 2012 and applicable laws, rules and regulations. The Customer agrees to hold DA5 free and harmless from any liability that may arise from any transfer, disclosure or storage of information relating to his/her Cash Card account.
11. PROMOTIONAL OFFERS
On occasion, DA5 may inform the Customer about its promotional offers through mail/email/fax/SMS or by telephone. DA5 may also allow its branch, subsidiaries, affiliates, agents and representatives and third parties selected by any of them and certain companies to offer specially selected products and services to the Customer through mail/email SMS or by telephone. For this purpose, DA5 may transfer and disclose selected Customer information to its branch, subsidiaries, affiliates, agents and representatives and third parties selected by any of them and certain companies subject to Data Privacy Act of 2012. Conformity to these Terms & Conditions shall constitute the Customer’s written consent for any transfer and disclosure of information of the Customer’s name, address, contact details and other relevant information to the Bank’s branch, subsidiaries, affiliates, agents and representatives and third parties selected by any of them and certain companies for the purposes indicated above and under applicable laws and regulations.
12. CUSTOMER INSTRUCTIONS
The Customer authorizes DA5 to rely upon and act in accordance with any acceptable notice, instruction or other communication, which may, from time to time, be given by telephone, mobile phone, text messages, e-mail or other electronic means, by the Customer or on his/her behalf, which DA5 believes, in good faith, to have been made by the Customer or based upon his/her instructions or for his/her benefit. DA5, however, reserves the right to require the instructions to be contained or sent in a particular form or to have the instructions confirmed before it may decide thereon. DA5 shall be entitled to treat the instructions as fully authorized by and binding upon the Customer and to take such steps in connection with or on reliance upon the instructions as DA5 may consider appropriate.
The Customer agrees that by calling or accepting calls from DA5 or any of its telesales providers, DA5 or the telesales provider may, at its sole option and discretion, record the Customer’s telephone communications. The Customer, likewise, agrees that such taped or recorded communications may be used by DA5 or any third party, for any purpose, particularly as evidence in any proceeding, judicial or administrative. The Customer hereby agrees that DA5 may send or communicate through text messages or through the Customer’s SMS-enabled cellular phone for specific and timely prompts, reminders and notices from time to time, concerning account information, internet security, and other matters relating to the DA5 Cash Card. The Customer hereby acknowledges and accepts that each SMS may be sent to the Customer without being encrypted and may include the Customer’s name and information pertaining to the Customer’s Cash Card account. It is the Customer’s responsibility to ensure the security of his/her mobile phone and the Customer hereby holds DA5 free and harmless against any and all liabilities, administrative, civil, or criminal proceedings, including but not limited to, those relating to any secrecy laws or regulations (if any), should any SMS be viewed or accessed by any persons other than the Customer. The Customer agrees that DA5 does not guarantee the timely delivery or accuracy of any SMS, which are purely for convenience, information and notification purposes only. The Customer shall be fully responsible to monitor the due performance and compliance of his/her obligations Notifications sent by DA5 to the Customer through mobile phones, e-mail or other electronic means (except SMS/text messaging, which has been covered in the preceding clause) using the number and address of record, shall be deemed to have been sent to the Customer. As such, the Customer hereby holds DA5 free and harmless from any liability if the information contained in the electronic notification is, by any means, accessed by any person other than the Customer.
14. DISCLOSURE OF INFORMATION
DA5 shall keep all Customer information in strictest confidence. DA5 may, however, share information on the cardholder with (a) third parties, agents or service providers contracted to provide a variety of valuable services on behalf of DA5; government regulators, agencies, bodies or entities permitted by law or regulation; or other persons or entities that the DA5 may deem as having authority to disclose such information, as and when required by the circumstances. As such, the cardholder hereby expressly waives his/her right to confidentiality of information or secrecy of bank deposit under the General Banking Law, the Bank Secrecy Law and other pertinent laws.
15. REVISION OF TERMS AND CONDITIONS
Upon written notice (e.g. letter, publication, or otherwise) to the Customer, DA5 may, at any time and for whatever reason it may deem proper, amend, revise or modify the terms and conditions hereof. Likewise, DA5 may introduce, amend, vary, restrict, terminate or withdraw the benefits, services, facilities and privileges with respect to or in connection with the DA5 Cash Card.
16. VENUE OF ACTIONS
Venue of all suits directly or indirectly arising from this instrument or from the relationship between DA5 and the Customer shall be limited to the proper Courts of Makati City.
17. SEPARABILITY CLAUSE
Should any term or condition in this Application/Agreement be rendered void, illegal or unenforceable in any respect under any law, the validity, legality and enforceability of the remaining terms and conditions shall not be affected or impaired thereby.
18. NO PDIC COVERAGE
Your DA5 Pre-Paid Cash Card is not considered a deposit and the value stored within is not insured by the Philippine Deposit Insurance Corporation (PDIC).
19. AGREEMENT TO TERMS AND CONDITIONS
All the terms and conditions herein stated and any amendments thereto, have been read and fully understood by the Customer as evidenced by the Customer’s signature either on the Customer’s Application Form, acknowledgement receipt, or the physical receipt/use of the DA5 Cash Card, and/or any other forms or documents evidencing charges to the Cash Card.
20. BSP CIRCULAR NO. 649
To the extent applicable, these terms and conditions shall be subject to BSP Circular No. 649 Series of 2009 which is deemed incorporated herein by reference.