IMPORTANT: Please carefully read these Terms and Conditions Governing the EastWest Credit Cards Electronic Statement of Account ("e-SOA") that constitute 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 ("Card"). The words "We", "Ours", "Us", and "Bank" refer to East West Banking Corporation, or to EastWest.
The Bank's e-SOA Facility ("Facility) is the means through which you shall receive and view your monthly Card Statement of Account/s through a password-protected attachment to an email. This e-SOA shall contain information regarding your Credit Card account/s. By enrolling in and/or using the Facility, you have accepted and agreed to be bound by all the 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 issuances applicable to the e-SOA and/or the Facility, now existing or which may hereinafter be enacted, issued or enforced.
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 may also receive an SMS advice that your Statement of Account has been sent to your e-mail address as deemed necessary by the Bank.
You agree that, if you provided EastWest with your e-mail address when you applied for your Card or any time thereafter after your Card was issued, you may be automatically enrolled in the Facility until you cancel the enrollment.
You likewise agree that, upon your enrollment to the Facility, 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. In case of unsuccessful e-SOA sending due to certain events or circumstances as determined by the Bank, we may generate the paper form of your Statement of Account for the particular cycle and send the paper form of your Statement/s of Account to your last known and recorded mailing address.
We reserve the right to impose a fee on your requests for generation of the paper form of the Statement of Account once you are already enrolled in 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 through your e-mail with the use of a correct password. We shall not be liable should you be unable to view your e-SOA due to wrong password entered, internet, computer, telecommunication, electrical, network problems 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 any time. 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 enrollment 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 law or regulation (if any), should any of your accounts 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 transaction 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 instruction 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 applicable internet service provider, information service provider or network provider.
- Any loss or damage caused by modification, alteration, upgrade or termination of the e-SOA.
- Any failure in communication facilities resulting to the delay in transmission and dispatch of the e-SOA.
Limitation of Liabilities
Subject to provisions herein, if we are found liable in Court for any act or omission related with the e-SOA , our liability shall be limited to the amount of the service fee charged or your actual proven damages by final judgment, whichever is lesser. We shall not be liable for any 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 your 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 with the use of the 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 virus and bug 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 virus and bug 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 mobile number and/or e-mail address which you have registered for e-SOA. 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 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 communication and delivery system, and understand the risks associated with it (among others, confidentiality, security, tampering and unauthorized use). You agree to waive your rights under Republic Act No. 1405, as amended, Republic Act No. 6426, as amended, Republic Act No. 8791, Section 55.1(b) and in any and all other laws on confidentiality as may be relevant hereto.
The Terms and Conditions Governing EastWest Credit Card electronic Statement of Account (e-SOA) shall form part of the General Terms and Conditions Governing the Issuance and Use of EastWest Credit Cards.