Terms and Conditions Governing the Use of EastWest Credit and Debit Cards in Digital Wallet Services

IMPORTANT: Please read these Terms and Conditions Governing the Use of EastWest Credit and Debit Cards in Digital Wallet Services (“Terms”) carefully.

These Terms and Conditions shall be in addition to the specific Terms and Conditions Governing the Issuance and Use of EastWest Credit Cards for EastWest Credit Cards and/or the General Terms and Conditions Governing EastWest Deposit Accounts for EastWest Debit Cards (collectively, the “Card Terms”).

These Terms govern the use of your EastWest Credit and/or Debit Card (“Card”) when added to, stored in, tokenized, or used through any electronic, mobile, or digital wallet service authorized or supported by the Bank or by the applicable card networks for contactless, online, or in-app transactions (collectively, the “Digital Wallet Services”).

By adding, storing, or using your Card through any Digital Wallet Service, you are deemed to have read, understood, and agreed to be bound by these Terms, as well as the Card Terms. In case of any conflict or inconsistency between these Terms and the Card Terms, these Terms shall prevail solely with respect to the use of your Card through the Digital Wallet Services.

Definition of Terms:

(a) “Bank”, “we” refers to East West Banking Corporation.
(b) “Cardholder”, “you,” or “your” refers to the individual to whom the Card has been issued and whose name appears thereon, including:

• For Credit Cards - the Primary Cardholder and any Supplementary Cardholders with a duly issued Credit Card; and
• For Debit Cards - the Primary Account Holder and any Co-Depositor with a duly issued Debit Card.

(c) “Digital Wallet Operator” or “Operator” refers to the operator or owner of the applicable Digital Wallet Service.
(d) “Card Network” refers to the payment network (e.g., Visa, Mastercard, JCB) that processes transactions for the Card.
(e) “Push Provisioning” refers to the functionality available on the Bank’s mobile banking platform that allows registration of your Card to a Digital Wallet Service, without the need to manually input card details. This feature enables secure and convenient registration of your Card to the Digital Wallet Service for ease of use.
(f) “Mobile Card” refers to your Card once registered and stored in a Digital Wallet Service.

1. Eligibility and Registration

1.1 Only a Cardholder who holds a valid and active EastWest Credit or Debit Card, and who meets the eligibility criteria under the Bank’s applicable Card Terms, may register the Card in a Digital Wallet Service. For Debit Cards, eligibility extends to Co-Depositors and Supplementary Cardholders where applicable; for Credit Cards, it extends to Supplementary Cardholders issued by the Bank. A Card or the linked account that is not in good standing¹ may not be eligible for registration.

1.2 The Bank may, at its sole discretion, approve or decline any registration request for reasons including, but not limited to suspected fraud, account/ card status, or other risk-related considerations.

1.3 Registration may be done manually by entering card details or through a Bank-enabled Push Provisioning feature, when available, that allows secure card registration within Bank-authorized channels. The Bank may require authentication measures such as a passcode, one-time password (OTP), PIN, biometric verification, or other verification method to complete or confirm registration.

1.4 The Digital Wallet Operator may:

(a) decline the registration of a Card in a Digital Wallet;
(b) suspend or delete a Card already registered in a Digital Wallet; or
(c) reactivate a previously suspended or deleted Card.

The Bank shall not be liable if you are unable to register, use, or maintain your Card in a Digital Wallet for any reason determined by the Digital Wallet Operator, including technical issues or eligibility restrictions that may not be disclosed to the Bank.

By registering your Card, you acknowledge that you have read and understood these Terms, the applicable Card Terms, and the terms and privacy policies of the Digital Wallet Operator, and you agree to comply with them.

2. Use of Digital Wallet Services

2.1. Once registered, you may use your Card stored in a Digital Wallet (“Mobile Card”) for authorized transactions, subject to any limits or conditions imposed by the Bank or applicable Card network. Transactions may be made through:

(a) Contactless Transactions - by tapping or waving your mobile device against a contactless-enabled point-of-sale terminal or reader.
(b) In-app or Digital Commerce Payments - for purchases or payments accepted by participating merchants via the Mobile Card.

2.2. All transactions made using the Mobile Card will be posted to your EastWest Credit Card account or Deposit Account linked to your Debit Card. The use of your Card as a Mobile Card, including any applicable interest, fees, or charges, if any, is governed by the applicable Card Terms.

2.3. By using your Mobile Card, you authorize the Bank and/or the Card network to process payments for your transactions. You may be required to authenticate transactions through a passcode, one-time password (OTP), PIN, biometric verification, or any method supported by the Bank or the Card network.

2.4. The Digital Wallet Services are operated by independent third parties. The Bank does not control and is not responsible for their operation, performance, merchant acceptance, or security. Functionality, merchant acceptance, and transaction limits may vary depending on the Digital Wallet Service, device type, or network availability.

3. Security and Cardholder Responsibilities

3.1. As the Principal Cardholder, for Credit Cards, or Primary Account Holder, for Debit Cards, you are responsible for all transactions performed using your Card through any Digital Wallet Service, including transactions performed by anyone you authorize or who gains access to your device or authentication credentials.

3.2. You acknowledge that the use of Digital Wallet Services involves certain risks, including possible unauthorized access, device compromise, technical errors, and service downtime. By registering or using the Card in a Digital Wallet, you understand these risks and agree to exercise reasonable precautions to safeguard your Card, mobile device, and authentication credentials (e.g., passcodes, OTPs, PINs, or biometrics). You are responsible for transactions resulting from your failure to secure such credentials or report a suspected compromise. The Bank shall not be liable for unauthorized transactions arising from failure to protect your Card or authentication credentials.

3.3. De-registration or removal of your Card from a Digital Wallet, for reasons including, but not limited to before selling, disposing of, donating, or transferring ownership or control of your device, must be performed directly by you through the Digital Wallet Service. The Bank is not responsible for any issues, unauthorized transactions, or data exposure arising from delays, errors, or failure to complete the de-registration process.

3.4. You are responsible for monitoring your Card transactions, maintaining updated security settings, and, when necessary, blocking your Card for Digital Wallet transactions. Notify the Bank immediately if your device on which the Digital Wallet Service is installed and your Mobile Card is registered is lost, stolen, or compromised, or if you suspect any unauthorized use of your Card. For Card-related concerns, you may call EastWest 24-Hour Customer Service at (+632) 8888-1700. For issues involving the operation, security, or unauthorized use of the Digital Wallet itself, please contact the Digital Wallet Operator directly.

4. Transaction Processing

4.1. Transactions made through any Digital Wallet Service are treated as valid Card transactions and are subject to the same rules, fees, limits, and dispute procedures that apply to your physical Card.

4.2. Transactions made with your Debit Card are deducted immediately from your linked deposit account. For Credit Card, transactions reduce your available credit limit upon authorization. All transactions will be reflected in your account transaction history upon merchant settlement, which is determined by the merchant.

4.3. Once a transaction has been authorized using your Mobile Card, it cannot be cancelled or reversed by the Bank, except as provided under the applicable Card Terms regarding dispute or chargeback procedures, or as otherwise required by law.

4.4. You acknowledge that the Bank may, at its discretion and without prior notice, impose transaction limits or temporarily restrict the use of your Card in a Digital Wallet for security, operational, or regulatory reasons.

5. Dispute Resolution

5.1. The Bank shall acknowledge, investigate, and resolve any dispute, complaint, or concern relating to the use of your Card through Digital Wallet Services in a prompt, transparent, and fair manner, following applicable laws, BSP regulations, and the Bank’s established dispute-handling procedures.

5.2. You agree to promptly report any disputed, erroneous, or unauthorized transaction through the Bank’s official customer service channels. Such report must be made within thirty (30) calendar days from the date the transaction appears in your account statement. The Bank will endeavor to provide updates and resolutions at the soonest possible time in accordance with its established internal processes and prevailing regulatory standards.

5.3. You shall cooperate fully in the Bank’s investigation by providing relevant information or supporting documents as may be reasonably required. The Bank shall conduct its investigation in good faith and determine liability based on the evidence gathered and in accordance with applicable laws, rules, and regulations. Both parties agree to abide by the results of such investigation, without prejudice to any further remedies available under existing laws and regulations.

6. Fees and Charges

6.1. The Bank does not currently charge additional fees for the use of your Card through any Digital Wallet Service. However, the Bank reserves the right to introduce fees in the future, subject to prior notice in compliance with applicable laws and regulations.

6.2. You are responsible for any fees, mobile data charges, or connectivity costs imposed by your telecommunications or internet service provider, or by the Digital Wallet Operator, in connection with the use of the Digital Wallet Service.

6.3. All other applicable fees, charges, and interest rates under your existing Card Terms remain in effect and continue to apply to transactions made through the Digital Wallet.

7. Data Privacy

7.1. Collection and Purpose of Use
By registering your Card in any Digital Wallet Service, you acknowledge and agree that the Bank will collect, process, and store your personal and/or sensitive personal information, including, but not limited to your name, card details, device information, and transaction data. Such information will be used solely for the following purposes:

• To provide, maintain, and secure Digital Wallet Services;
• To process transactions and verify your identity;
• To comply with legal, regulatory, and operational requirements; and
• To prevent fraud and resolve disputes.

The Bank shall process your data in accordance with the Data Privacy Act of 2012 (DPA) and its implementing rules and regulations, along with the applicable circulars of the National Privacy Commission (NPC), as well as EastWest Bank’s Data Privacy Policy as outlined at its corporate website: https://www.eastwestbanker.com/privacy-statement.

7.2. You acknowledge that Digital Wallet Operators may collect and process your data under their own terms and privacy policies. While these are separate from the Bank’s policies, the Bank shall exercise reasonable diligence in selecting and monitoring such Digital Wallet Operators to ensure compliance with applicable laws, rules and regulations on data protection and consumer protection standards. By using the Digital Wallet Services, you agree to review and accept the Digital Wallet Operator’s terms.

7.3. Consent for Sharing and Cross-Border Transfer
By registering your Card, you expressly consent to the Bank sharing relevant information, including your personal and/or sensitive personal information, with:

• Digital Wallet Operators;
• Card networks;
• Authorized service providers and partners;

as necessary for activation, verification, fraud prevention, dispute resolution, and compliance with applicable laws. Where such parties are located outside the Philippines, you consent to the cross-border transfer of your data subject to appropriate safeguards.

7.4. Data Subject Rights
In accordance with the Data Privacy Act, you have the right to:

• Access and obtain a copy of your personal data;
• Request correction or update of inaccurate or incomplete data;
• Withdraw consent or object to processing, subject to legal and contractual limitations;
• File a complaint with the National Privacy Commission. 
  Requests may be directed to the Bank’s Data Protection Officer at ewbdpo@eastwestbanker.com .

7.5. Retention and Disposal
Your personal data will be retained only for as long as necessary to fulfill the purposes stated above or as required by law. Thereafter, data will be securely disposed of in accordance with applicable regulations.

7.6. Security and Breach Notification
The Bank implements organizational, physical, and technical measures to protect your data. In the event of a data breach that may compromise your rights, the Bank will notify you and the National Privacy Commission in accordance with the DPA and applicable laws.

8. Limitation of Liability

8.1. The Bank may, at its sole discretion:

8.1.1. Suspend or terminate your ability to use your Card through any Digital Wallet Service at any time without prior notice for reasons including, but not limited to:

(a) suspected fraud;
(b) account delinquency;
(c) device compromise;
(d) discontinuation of support by the Bank for a specific Digital Wallet Service (e.g., the Bank no longer supports registration, provisioning, or transactions through that Digital Wallet); or
(e) when required by law, regulation, or directive of regulatory authorities.

8.1.2. Remove provisioning (i.e., the activation or registration of your Card in a Digital Wallet), or impose limits, restrictions, or security controls (including transaction limits, geographic restrictions, or additional verification requirements) on the use of your Card in a Digital Wallet Service, as may be deemed necessary to safeguard your Card account, prevent unauthorized use, and protect both you and the Bank from potential loss or liability.

8.2. If your Card is suspended, cancelled, replaced, expired, or your deposit account linked to your debit card or credit card account is closed, your ability to use the Card through the Digital Wallet Service will automatically end and may require register again upon reissuance of the Card, if eligible.

8.3. The Bank shall not be liable for any damages, losses, or claims arising from:

(a) Unauthorized use of your Card in a Digital Wallet, except where such loss has been conclusively determined, through final judgment of a court or other competent authority, to have been directly and solely caused by the Bank’s fraud, gross negligence, or willful misconduct;
(b) Delays, disruptions, errors, or failures in processing caused by the Operator, payment networks, merchants, acquirers, telecommunication network or internet service providers, or other external parties beyond the Bank’s reasonable control;
(c) Any force majeure event, including but not limited to natural disasters, labor strikes, system outages, power failures, pandemics, government restrictions, or similar causes beyond the Bank’s reasonable control;
(d) The Bank’s good faith compliance with laws, regulations, court orders, or directives of regulators or government authorities;
(e) Technical failures, downtime, or service disruptions of the Digital Wallet Service, mobile network, internet service, or merchant systems;
(f) The operation, performance, or security of the Digital Wallet Operator;
(g) Non-acceptance of your Mobile Card by any merchant; or
(h) Any indirect, consequential, or incidental loss.

8.4. The Bank may, at its discretion and without prior notice, impose transaction limits or temporarily restrict the use of your Card in a Digital Wallet for security, operational, or regulatory reasons. The Bank shall not be liable for any loss or inconvenience arising from such actions.

9. Indemnity

9.1. You, as the Primary Account Holder, agree to indemnify, defend, and hold the Bank, its directors, officers, employees, agents, and representatives free and harmless from and against any and all liabilities, claims, demands, actions, losses, damages, penalties, fines, costs, and expenses (including legal fees and costs of enforcement or investigation) arising out of or in connection with:

9.1.1. The use or misuse of the Card by you, any authorized signatory, or any Supplementary Cardholder, whether or not with the Bank’s knowledge or consent;

9.1.2. Any breach of these Terms and Conditions, or of applicable laws, rules, or regulatory requirements by you or your representatives, or by any Co-depositor or Supplementary Cardholder;

9.1.3. Any claim, action, or proceeding by third parties, regulators, or government authorities related to transactions or activities involving the Card or deposit account linked to your debit card or credit card account.

9.2. This indemnity shall apply regardless of whether the Bank has been notified of such claim or demand, and shall survive the suspension, cancellation, or termination of the Card or the closure of the deposit account linked to your debit card or credit card account.

9.3. The indemnity shall not be limited or affected by any settlement or compromise entered into without the Bank’s prior written consent.

9.4. The foregoing indemnity shall not apply to the extent that the liability, loss, or damage has been conclusively determined by a final judgment of a court of competent jurisdiction to have been directly and solely caused by the Bank’s fraud, gross negligence, or willful misconduct.

10. Customer Assistance and Complaint Handling

10.1. For any inquiry, concern, or dispute relating to the use of your Card through Digital Wallet Services, you may contact the EastWest 24-Hour Customer Service Hotline at (+632) 8888-1700, or email:

• General Customer Service: service@eastwestbanker.com
• Credit Card Services: cards@eastwestbanker.com

10.2. The Bank shall acknowledge and address customer concerns in a prompt, transparent, and professional manner consistent with its internal procedures and prevailing BSP regulations on financial consumer protection.

10.3. If you believe your concern remains unresolved after completing the Bank’s internal complaint process, you may contact the Bangko Sentral ng Pilipinas (BSP) Consumer Assistance through consumeraffairs@bsp.gov.ph.

11. Amendments and Termination Notice

11.1. The Bank may amend, supplement, or revise these Terms and Conditions at any time, subject to applicable notice requirements under existing laws and regulations. Notice of such amendments may be given through any channel deemed appropriate by the Bank, including electronic mail, statement of account, SMS, website, or other electronic means.

11.2. Continued use of your Card through any Digital Wallet Service after the effectivity of such amendments shall constitute your acceptance of the revised Terms.

11.3. In the event you do not agree with the changes, you must immediately discontinue using the Card through the Digital Wallet and remove it from the Digital Wallet Service.

11.4. Termination or suspension of your Digital Wallet access pursuant to these Terms shall not affect any rights or obligations accrued prior to such termination.

12. General Provisions

12.1. 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.

12.2. Separability Clause. If at any time any provision of these Terms 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.

12.3. Governing Law. These Terms shall be governed by and construed in accordance with Philippine laws.

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

¹A Card or Account is considered in good standing if it is active, valid, not past due, blocked, suspended, or under investigation for suspected fraudulent activity, and has not otherwise violated any of the Terms and Conditions governing its use, as determined by EastWest Bank.