These Terms of Use comprise your agreement with UnionBank of the Philippines (UnionBank) and Fyntegrate Inc. for your use of the Bonds Ph App. The Bonds Ph App is this mobile application dedicated to UnionBank’s distribution as a Selling Agent of the 24th Issuance by the Bureau of the Treasury of the Philippines of Retail Treasury Bonds (“RTB24” or the “Bonds”) (the “App”). The Services shall refer to any account, product or services availed of through the App. The word “you” refers to the user of the App. The words “We” and “Us” refer to UnionBank and Fyntegrate, Inc.
We may amend and/or revise these Terms of Use at any time by posting and updating these terms on this application. You are bound by any amendments and/or revisions made by us, and you should periodically visit this page or application on which we supply content, products or services available to review and be updated on any changes made herein to which you are bound.
PLEASE READ THE ENTIRE TERMS AND CONDITIONS CAREFULLY.
IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS, YOU SHOULD NOT SIGN UP, OPEN AN ACCOUNT, AVAIL OF ANY SERVICES AND/OR ACCESS THIS APP. YOUR AGREEMENT TO THESE TERMS OF USE AND UNIONBANK’S PRIVACY POLICY, ARE PRE-REQUISITES TO YOUR USE OF THE APP .
1. GENERAL POLICY
a. By signing up and registering,you affirm that you are atleast eighteen(18) years old, and have full legal capacity to act and enter into a binding agreement. Furthermore, you bind yourself to submit the needed documents pursuant to the our requirements and all other requirements imposed on you in relation to the RTB24 issuance.
b. You are bound by these Terms of Use and the Privacy Policy the moment you register as a User of the App
c. Upon registration, you must provide the required information completely. We reserve the right to validate the information provided by you through the App or by some other allowable means. You understand and agree that all information you provide should only be that which is accurate, current, and complete. Any false, inaccurate or incomplete information shall each be considered a violation of these Terms of Use, the BTr Terms of Offer, the Terms and Conditions of UnionBank as Selling Agent (the “Selling Agent’s Terms and Conditions”) which are found in the App prior to your subscription or buying of Bonds) and any applicable laws and regulations.
2. DEFINITION OF TERMS
a. Account refers to the relationship you have established with us, which enables you to engage in activities and transactions through the App. Cash account pertains to your holdings with us in Philippine Pesos for the sole purpose of investing in the Bonds and receiving proceeds from said Bonds. Bonds or Asset account pertains to your holdings of Bonds with UnionBank.
b. App refers to this mobile application which allows investors to subscribe and buy Bonds from the BTr through UnionBank as a Selling Agent, sell Bonds through UnionBank (as may be allowed under the Selling Agent’s Terms and Conditions), and transfer cash in and out from various payment channels, including other banks and non-bank financial institutions.
c. BSP refers to the Bangko Sentral ng Pilipinas.
d. BTr refers to the Bureau of the Treasury of the Philippines
e. SEC refers to the Securities and Exchange Commission (“SEC”).
3. ACCEPTABLE USE POLICY
a. The App, as well as all the copyright, trademark, patents, and other intellectual properties and any documentation related to the App remain with the licensor of the App which has granted the necessary rights to UnionBank. All data and information, processes and workflow for the distribution shall remain to be that of UnionBank’s. You shall not cause the App and any component of it, including any materials or documentation to be copied, reproduced, translated, exhibited, transmitted, transferred, assigned, marketed, licensed, leased, or sold in any manner or in any form.
b. You shall not modify, reverse engineer, translate, decompile, or disassemble the application and its Services or any of its parts, derivatives, and forms.
c. You agree to be bound by the following acceptable use policies:
i. You shall use the App, any and all of the Services only for their intended purpose, and in accordance with all applicable laws, regulations, and other guidelines issued by the relevant government agencies.
ii. You shall refrain from seeking to gain unauthorized access or exceed authorized access.
d. You shall keep your credentials, password, PIN and other App or Account data confidential and secure at all times. You agree to assume full responsibility and liability for all transactions made in your account through the use of the App. It is understood that the password is known only to you and as such, any transaction effected using your password, PIN or other means of authentication, shall be conclusively presumed to be done by you or authorized by you.
e. You further agree that we are not liable and you agree to indemnify us or any third party for any loss, damages or costs that we incur for acting in accordance with or based on instructions received through the App, which we presumed to be done by you or authorized by you.
f. You further agree and undertake to change your password or PIN from time to time as you deem necessary. If you believe that your mobile device or password may have been lost/stolen or that someone has used it without your permission, you shall notify us immediately and shall give us reasonable period to de-activate your compromised credentials or device.
4. SERVICES
a. Viewing. Through the App, you may view your holdings of cash and Bonds, as well as historical records of your transactions on the App.
b. Cashing In and Out. You may transfer cash into your account on the App using a variety of payment methods, including but not limited to a credit/debit card, electronic money from an electronic money issuer, bank transfers or other payment channels that may be made available for your use on the App. You may also transfer cash out of your account on the App to your accounts with other banks or non-bank financial institutions, or withdraw physical cash through any of the available methods on through the App. We will effect such transfer provided there are sufficient cash available in your account, the information provided are complete, correct and valid, and that transactions are within the allowable limits set by the relevant third parties.
c. Buying and Selling of Bonds. You may place orders to buy Bonds on the App, and also place sell order through the App, which will be executed by UnionBank in its capacity as a broker of securities, subject to the Selling Agent’s Terms and Conditions.
d. Coupon and Maturity Payments. You will receive income and principal payments on your Bond holdings through the App.
We shall not be liable for any omission to make all or any of the transactions due to circumstances beyond our reasonable control, including any failures or omissions on the part of external parties. We shall likewise not be liable for losses, costs or damages for failed or incorrect fund transfers resulting from an error or omission in the information you provided us with. By agreeing to these Terms of Use, you hereby authorize us to create the necessary settlement accounts to enable the Services in the App.
5. RISK DISCLOSURE
This App, or any of its content, should not be relied upon as investment advice or as the basis for investment decision-making. This does not purport to, and does not, contain all of the information that may be required to evaluate factors relevant to a recipient making any investment decisions. You must make your own independent appraisal of, and investigation into, the issuer’s financial condition, creditworthiness, affairs, status, and nature as the basis of any investment decision.
We do not guarantee the continuous availability of the App. We, in our sole determination, reserve the right to terminate or suspend any service.
We shall not be liable for any loss or damage of whatever nature in connection with the implementation of the App in the following instances:
a. Disruption, failure or delay relating to or in connection with the facility and/or it’s services which are due to circumstances beyond our control , unforeseen events, fortuitous events such as but not limited to prolonged power outages, breakdown in computers, software, operating systems and telecommunication facilities, typhoons, floods, public disturbances and calamities and other similar or related cases.
b. Loss or damage arising out of any fraudulent access or utilization of the facility due to theft, unauthorized disclosure of mobile phone numbers, emails, passwords or the unauthorized usage of biometrics and other security measures used in the facility with or without your participation.
c. Inaccurate, incomplete or delayed information is received due to disruption or failure of any information or communication facilities used in the facility or due to faults in the telecommunication network, internet or network failure, or software or hardware error beyond our control.
d. Any indirect, incidental, or consequential loss, loss of profit or damage suffered by reason of the use or failure or inability to use the facility.
e. Any and all liability, costs, damages, losses and causes of action arising from or in any way connected with the disclosure of information concerning your accounts and/or transactions with us to unauthorized persons for any reason whatsoever, including but not limited to high technology surveillance or fraud.
Any incidental or consequential loss, loss of profit or damage arising from the loss of your mobile phone, mobile devices and other electronic devices used to access the App.
Our Services are provided on an “as is” and “as available” basis. We (and our successors, assigns, affiliates, suppliers, partners, and agents) make no representations or warranties about the suitability, reliability, availability, timeliness, security, lack of errors, or accuracy of the Services or their content, and expressly disclaim any warranties or conditions (express or implied), including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We (and our successors, assigns, affiliates, suppliers, partners, and agents) make no warranty that you will obtain specific results from use of the Services. Your use of the Services (including any content) is entirely at your own risk. We may decide, at our sole discretion, to stop making available to you certain features of the App or the Services at any time and for any reason. Under no circumstances will we or our successors, assigns, affiliates, suppliers, partners or agents be held liable for any damages due to such interruptions or lack of availability of such features.
6. DATA PRIVACY AND PROCESSING
We will keep information relating or pertaining to you, including but not limited to, any information on your accounts and transactions confidential except that for purposes of these Terms of Use and in connection with any transaction on this App, (i) implementation, administration, facilitation and enhancements of our products, services, facilities and channels or those of our affiliates, (ii) pursuit of marketing, promotional, communication, commercial and research objectives, (iii) regular conduct of business, and/or (iv) compliance with the requirements of the Data Privacy Act of 2012, its Implementing Rules and Regulations and other issuances as mandated by the National Privacy Commission and/or government regulators or supervisory bodies, you expressly give us consent, and our officers, employees, advisers, auditors, agents and representatives: collection, use, storage, consolidation and processing of personal and/or sensitive personal Information; outsourcing of the processing of personal and/or sensitive personal information to service providers engaged by us, whether within or outside the Philippines.
7. AMENDMENTS AND REVISIONS
You understand and agree that we reserve the right to amend, revise, update and/or make changes in the Terms of Use as it deems fit. Any changes or updates will be effective immediately upon posting to the App. By logging in to your Account, you affirm that you have read and agreed to any update(s), amendment(s), or revision(s) made herein. You must visit this page to see changes to which you are bound. Under certain circumstances we may also elect to notify you of changes or updates to our Terms of Use by additional means, such as pop-up or push notifications within the Services or email.
8. SERVICE FEES AND TAXES
You agree to pay the charges that may be imposed by us or by third-party servicers of the App when you avail of services and/or products through this App including service fees, SMS and call rates that will apply by using this App. We will deduct the charges directly from your account balance as these are incurred. We are not responsible for the monitoring of your mobile phone charges. We will not be liable for dishonor of other debits to your deposit account resulting from our deduction of any charges as authorized by your acceptance of these terms. You are also responsible for paying any and whatever taxes due or may be imposed upon or arising from your use of the App or any of our services. You authorize us to automatically charge your account for any and all such taxes due.
We reserve the right to change the charges, fees, or other terms described in these Terms of Use. When changes are made and/or fees, charges or other material terms are added we will update these Terms of Use, and send you an email. As always, you may choose to decline changes by discontinuing the accounts or services to which these changes relate. We also reserve the option, in our business judgment, to waive, reduce or reverse charges or fees for individual situations.
9. GOVERNING LAWS AND JURISDICTION
a. You understand and agree that the Terms of Use herein shall be governed by and construed in accordance with applicable laws of the Republic of the Philippines, and you agree to submit yourself to the exclusive jurisdiction of Pasig City in the Republic of the Philippines.
b. All applicable laws, circulars, rules and regulations, and guidelines of the Bangko Sentral ng Pilipinas (BSP), Anti-Money Laundering Council (AMLC), Securities Exchange Commission (SEC), and such other regulatory bodies shall be deemed incorporated into these Terms and Conditions. As such, you agree that your Account, and Services availed from UnionBank or any other party through this App shall be governed by all applicable laws, circulars, rules and/or regulations issued by any regulatory bodies or agencies in the Philippines.
10. NOTIFICATION AND COMMUNICATION
All communications sent by us through the App, mail, email, SMS, social media accounts, websites, or any other forms of communication shall be deemed to have been fully delivered to you. We reserve the right to elect the most appropriate and effective way of communicating with you. You understand and agree that We will send notifications, statements, and/or other matters to your last known mailing or electronic mail address on record. We may also communicate with you through short messaging service (SMS) to the last known mobile phone number appearing on our records. Your contact information on record are deemed updated every time you access or log on to your account.
11. ACCURACY OF INFORMATION
We will use reasonable efforts to ensure the accuracy of information accessed through the App but do not warrant the information will be free from error. If you notice an error in the account information supplied to you through the App or by the use of any of our services, you shall advise us as soon as possible. We will endeavor to correct the error promptly and adjust any interest or charges arising out of the error. We will have no liability for the consequences arising out of erroneous information that may have been supplied by you through this facility. Hence, you are solely responsible for the correctness of the information that you supply us through the use of the facility or through any other means such as electronic mail or written communication. If you suspect that there is an error in the information supplied to us, you shall advise us as soon as possible. We will endeavor to correct the error wherever possible on a “best efforts’ basis”.
12. LIMITATION
The information does not constitute a recommendation regarding RTB24, UnionBank or any of its partners, affiliates, or third-parties on the Platform.
Any information or content displayed on the App is intended for general information purposes. However, none of the information should be interpreted as an offer to sell the Bonds, any securities or as investment advice of any kind. No warranty or representation, express or implied, is given as to the accuracy or completeness of that information. In no event will we, our affiliates, nor any of our directors, employees or advisors accept any liability with regard to the information contained herein.
Prospective investors should read the Terms and Conditions and Risk Disclosure Statement and other documents made available by the securities broker.
13. AGREEMENT TO THESE TERMS OF USE AND ELECTRONIC SIGNATURE
By ticking the box below, you agree to be bound by these Terms of Use and agree that the same constitutes your valid and legal electronic signature in accordance with all applicable laws.