TERMS AND CONDITIONS OF USE OF THIS APPLICATION
1. General Terms & Conditions
These terms and conditions (“Terms & Conditions”) govern the terms under which you may access and use the products of Quezon Capital Rural Bank, Inc., which includes the Mobile App and the services associated with it (together the “Service”). By accessing, registering, or using the Service, you agree to be bound by these Terms & Conditions.
Under these Terms & Conditions, the words, “we”, “us”, “our” and “the Company” refer to Quezon Capital Rural Bank, Inc. together with its employees, directors, affiliates, successors, and assigns. Quezon Capital Rural Bank, Inc. is a Rural Bank who offers reliable financial services to the community’s small farmers, fishermen, traders and other enterprising individuals.
The words “you” and “your” refer to users of the Service, as Senders, Account Holders, Recipients, and other users.
These Terms & Conditions shall be effective, valid, and binding from the time that you agreed to it and will exist up to the time that it is terminated by you or us, save for some provisions which shall remain effective after termination as stated in these Terms & Conditions, law, rule, or regulation.
2. General Terms of Service
We are not obligated to process any Transaction when you submit a Transaction Request, you are requesting that we process the Transaction on your behalf and consenting to the execution of the Transaction. We may, in our sole discretion, choose whether to accept the offer to process that Transaction. If we decide not to process the Transaction, we will notify you promptly of that decision and return to you the Transaction Amount received by us or update the wallet balance, provided we
are not prohibited by law from doing so. If we choose to proceed with the Transaction we may still suspend or cancel it at our discretion.
Quezon Capital Rural Bank, Inc. reserves the right to modify, suspend, stop, or terminate any of its Service without notice, at any time and from time to time.
We may impose limits on the Transaction Amount, subject to fifteen (15) days prior notice to the Account Holders. We may do so on a per Transaction basis or on an
aggregate/combined (for Account Holders with duplicate and/or multiple accounts) basis, or on a daily, weekly, or monthly basis and in respect of each Service you request. In the same way, Quezon Capital Rural Bank, Inc. may approve purchases, service transactions, or other transactions which in the aggregate cause the Account usage to exceed the limit without waiving any of our right hereunder.
Quezon Capital Rural Bank, Inc. reserves the right to verify any activity that is done through the Services, especially if it involves compliance with the AML or with other law, rules, or regulation. Delivery turnaround time as stated in our service levels or elsewhere on our website or collaterals are representative of a “normal” or average service and are not a guarantee of an individual Service or transaction time.
We will attempt to process Transactions promptly, but any Transaction may be delayed or cancelled for a number of reasons including but not limited to: our efforts to verify your identity; to validate your Transaction instructions; to contact you; or due to variations in business hours and currency availability; to comply with applicable law or for any other reason not attributable to and outside of the control of the Company.
We may, in our absolute discretion, refuse or cancel Transaction Requests, Payment Requests or any Transaction for these reasons but without limitation to: (a) The Company is unable to verify your identity; (b) The Company is unable to verify the identity of the Recipient; (c) You do not comply with information requests about the transaction; (d) The Company reasonably believes you are using the Service, or allowing it to be used, in breach of these Terms & Conditions or any applicable laws, rules or regulations; or (e) as the Company deems necessary following business considerations.
If we have executed the Transaction in accordance with the instructions you have provided to us, and that information proves to have been incorrect, we are not liable for the incorrect execution of the Transaction. We will, however, make reasonable efforts to correct erroneous requests or to recover the funds. We may charge you a reasonable fee, reflective of our efforts, to do so. Unless there are exceptional circumstances, no adjustment will be made for any currency fluctuations, losses, or gains which may have occurred between the time you pay us the Transaction Amount and the time of credit.
Quezon Capital Rural Bank, Inc. shall have the right to automatically suspend or block the transaction if the Company has reason to believe that the transaction may be illegal or used for fraudulent or suspicious businesses or by an unauthorized person. Quezon Capital Rural Bank, Inc. may, but shall not have the requirement to, inform you prior to suspending or blocking the transaction pursuant to this clause. You acknowledge the authority of Quezon Capital Rural Bank, Inc. to suspend, cancel, revoke, terminate or block the transaction and accordingly, you shall hold the Company free and harmless against all consequences of such suspension, cancellation, revocation, termination or blocking, or any loss or damage which you may suffer as a result thereof. Fees and other charges shall be in accordance with the Table of Fees and Charges applicable to the Service and provided in our website, qcrblive.com, which may be subject to changes upon discretion of the Company and/or in accordance with the law, rules, and regulations. Any refunds will be credited back to the same account used to fund the Transaction and in the same currency. To comply with our business requirements or those under relevant laws, we reserve the right to ask for further information or evidence relating to the purpose of a Transaction. Account Holder authorizes the Company, its employees, agents, representatives, dealers, and distributors to disclose to third parties, our service provider for this Service, subsidiaries and affiliates all information the Account Holder has provided and consented to the use and processing of such information by the Company, its employees, agents, representatives, dealers, distributors, third parties, our service provider for this Service, subsidiaries and affiliates with the transaction or any investigation in relation thereto.
User Representation and Warranties
By visiting, accessing and/or using the Services, you signify your agreement to these Terms & Conditions, and you further agree, affirm, and warrant that there is and there shall be no agency, partnership, joint venture, employer-employee, licensor-licensee or franchisor-franchisee relationship between us and you.
You must be at least 18 years of age, or that you possess legal parental or guardian consent (for ages 12-17), and that you are fully able and competent to legally bind yourself to and abide by all the terms, conditions, requirements, declarations, affirmations, representations, and warranties set forth in these Terms & Conditions.
By visiting, accessing and/or using the Services, you declare, represent and warrant that you understand that when using it, you will be exposed to content, material or information from a variety of sources, and that Quezon Capital Rural Bank, Inc. is not responsible for the accuracy, usefulness, safety, completeness, correctness or intellectual property rights of or relating to such content, material or information, user generated, submitted or otherwise, including those content, material or information that may be linked to it.
You further understand and acknowledge that the Company may have or may develop and implement additional features, employ promotions, campaigns, marketing activities and tie-ups with other entities. By virtue of such, you may be exposed to content that may infringe on your intellectual property rights or that of your principal; or content that may be violative of your privacy, and/or publicity rights; or content that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, indecent, pornographic, profane, threatening, racist, gruesome, objectionable, offensive to public morals, invasive of another’s privacy, or otherwise violative of any rule, regulation, or law; or content that contains any viruses, Trojan horses, worms, time bombs, bots, any malware, or any computer program, code, or routine that may or is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information and that these you undertake at your own risk, and you hereby agree that Quezon Capital Rural Bank, Inc. shall not be responsible, liable, or accountable for any of the foregoing. You also agree to indemnify and hold Quezon Capital Rural Bank, Inc. harmless to the fullest extent allowed by law regarding all matters related to or arising out of your visit, access, or use of the Services.
By visiting, accessing and/or using the Services, you declare, undertake, and affirm that you take sole responsibility for whatever consequences that may arise out of your visit, access and/or use of the Services. You understand that the Company shall not be liable for, and you hereby hold us free from, any direct, incidental, special, consequential, indirect, or punitive damages whatsoever resulting from your visit, access, or use of, or your inability to visit, access or use, the Services. On the other hand, you declare, undertake, and affirm that you shall indemnify Quezon Capital Rural Bank, Inc. for any direct, incidental, special, consequential, indirect, or punitive damages whatsoever resulting from your visit, access, or use of the Services. You further agree, undertake, and commit to indemnify the Company for any breach of its proprietary and other rights, including breach of these Terms & Conditions, which you may commit during or arising out of your visit, access, or use of the Services.
You further declare, represent, and warrant that you are aware that any content, material, or information presented to you as part of the Services, including but not limited to advertisements and sponsored content, material or information within the Services may be protected by intellectual property rights which are owned by the respective sponsors, advertisers, or other persons or companies on their behalf. You agree that such advertisements and sponsored content, material or information may be placed on the Services and/or coupled to your User Content without prior notice and without need of explicit consent from you anymore as you now give such consent. You hereby declare, acknowledge, and affirm personal and sole commitment and requirement to respect, uphold and honor any intellectual property rights which may cover such any content, material or information presented to you as part of the Services, including but not limited to advertisements and sponsored content, material, or information within the Services.
You declare that any material, information, and content that you create and supply to us are clear of any proprietary and legal claim. You also acknowledge that any material, information, or content which you create, upload, transmit, or display while using the Services may become publicly available, whether intended by you or by us for such material, information, or content to be made publicly available. You further acknowledge, affirm, and take sole responsibility for any consequences arising out of the use, authorized, lawful or otherwise, of any material, information, or content which you create, upload, transmit or display using the Services. By visiting, accessing and/or using the Services, you hereby declare, acknowledge, and affirm to hold Quezon Capital Rural Bank, Inc. free from any liability by law or by equity arising therefrom, including the unauthorized or unlawful use thereof by a third party, regardless of negligence, lack of foresight, or lack of skill on the part of us, our third party, our service provider of this Service, our subsidiaries and affiliates which may be directly or indirectly contributory to such unauthorized or unlawful use.
You also acknowledge that you are free to opt out of the Services by voluntarily desisting from further use of the Services or by serving a notice of termination of use to us and closing your account. Closure of an account with the Services does not nullify, void, cancel, or otherwise adversely affect any and/or all of the legal requirements and liabilities you may have incurred or may still incur relative to your visit, access and use of the Services, as such termination of use of the Services and/or closure of an account with the Services does not nullify, void, cancel, or otherwise adversely affect any and/or all of the rights which may have accrued in favor of the Company including the rights, consents, permissions and licenses to use any and/or all User Content that you have created, uploaded, transmitted, or displayed using the Services.
Acceptable Use Policy
The Services
You agree not to incorporate any word in your name, message identification, or custom user title that is defamatory, obscene, or profane, or which violates any trademark, service mark, or other intellectual property rights of any third party, including that of the Company. You likewise agree not to use any trademark, trade name, service mark, or logo in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names, or logo. You agree not to alter, modify, or cause the alteration or modification of the Services, without prior written consent from us. You further agree not to use the Services for any commercial use, without prior written authority from the Company.
You agree not to use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any part of the Services, or in any way reproduce, reverse engineer, decode, decompile, disassemble or circumvent its navigational structure or presentation, as well as to obtain or attempt to obtain, reproduce, copy, distribute, market, disclose, transfer any material, document or information through any means not purposely made available through the Services.
You agree not to gain or attempt to gain unauthorized access to any part or feature of the Services or to any other system or network connected to the Services. You also agree not to gather, harvest, or otherwise collect information about others using the Services without their explicit informed consent; nor restrict, prevent or prohibit any other party from using the Services, including but not limited to such actions which may tend to discourage others from using the Services, such as stalking, flaming or the lashing out at other parties, spamming or the sending of unsolicited information, advertisement or content, flooding or the sending of repetitive message, trolling or the use of insulting or deliberately divisive information, material or content, other forms of annoyances, and the like.
You agree not to circumvent, disable, reverse engineer, decode, decompile, disassemble, or otherwise interfere with security-related features of the Services, including those that prevent or restrict use or copying of any content, material, or information available on or through the Services, as well as those that enforce limitations on the use of the Services.
You agree not to probe, scan, or test the vulnerability of the Services or any network connected to it, and not to breach the security or authentication measures on the same. You agree not to reverse look-up, trace or seek to trace any information on any user of or visitor to the Services, or any other customer of the Company including any account maintained with the Services not owned by you, to its source, or exploit the Services or any information made available or offered by or through the Services, in any way where the purpose is to reveal any information, including but not limited to personal identification, other than your own information.
You agree to use or access the Services for your information and corporate or personal use solely as intended through the provided functionality of the Services. You agree not to copy or download any material or content from or through the Services unless such copying or downloading is explicitly allowed by a visible manifestation thereof such as a “download” button or a similar link ostensibly displayed. You further agree not to engage or attempt to engage in the use, copying, transmission, disclose, broadcast, display, distribution, or sale of any of the contents, material, or information available on or through the Services, including user comments and the like, other than as expressly permitted herein, or as explicitly indicated in the Services, including use thereof for commercial purposes.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services or its systems or networks, or any systems or networks connected to the Services.
You agree not to use any device or routine to interfere or attempt to interfere with the proper working of the Services or any transaction being conducted using the Services, or with any other person’s use of the Services. You agree that you will not engage in any activity that interferes with or disrupts the Services or the servers and networks which are connected to the Services.
You agree not to use the Services for any purpose that is illegal, unlawful, or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes on the rights of Quezon Capital Rural Bank, Inc. or others. You further agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on any content, material, or information, either in whole or in part, available on or through the Services, unless you have been specifically permitted to do so by us or by the owner of that content, material, or information in a separate agreement.
Security Credentials
You agree to keep your Account data—including your User ID, password, OTP, biometric authentication methods, and Account number(s)—confidential and secure at all times. This information should only be known to you, and you should not share it with anyone else.
To ensure the security of your information, you are required to set your passwords/ PIN aligned with the bank’s policy. As a safety measure, you agree and undertake to change your password from time to time or as frequently as you deem necessary. If You believe that your mobile phone or password may have been lost/stolen or that someone has used it without your permission, you shall notify the Bank immediately and give it a reasonable period of time to deactivate your compromised User ID and password. The Bank is not responsible for any losses, damages or costs which may occur if your User ID and password are not deactivated resulting from your failure to notify us immediately regarding these circumstances.
You agree that when changing your password, you must choose a password that is not readily accessible to third parties. Do not let anyone else have access to your mobile phone or leave it unattended while accessing QCRB Mobile Banking.
You will be held accountable for all transactions made using your mobile phone, password, OTP, and/or other credentials, regardless of whether you entered into or authorized such transactions. Transactions initiated using your mobile phone number, whether initiated by you or not, are presumed to have been initiated by you, and you will be held liable for any loss or damage caused. If you suspect your account or security credentials have been compromised, please contact us immediately via any of our digital channels in the QCRB Mobile Deposit Account or the contact information provided below.
You agree that the 6-digit OTP is an additional security feature that asks you to enter a unique password for online transactions and assists the Bank in verifying your identity. You should ensure not to disclose their passwords or OTPs to anyone or keep any written or other record of them that a third party could access. To prevent unauthorized access to personal and confidential information in contacts, messages, and other media files, you should enable a device lock password on your mobile phone.
If You become a victim of fraud or identity theft, please contact the Bank so that it may place holds on your account. You agree that, for your protection, the Bank has the right to suspend or block an account or transaction should we have a reason to believe that the transaction or account is illegal or being used for fraudulent or suspicious business. You acknowledge our authority to suspend or block any transaction and/or account, and accordingly, you shall hold us free and harmless against any loss or damage that you may suffer as a result thereof.
User Content
You agree to and hereby undertake the sole responsibility and hold us free of liability to you or to any third party, for any User Content that you create, upload, transmit, or display while using the Services. You agree and hereby undertake sole responsibility for the consequences of your actions and interactions using the Services, and hereby stipulate admission of liability to the Company for whatever loss or damage that we may suffer because of your use or misuse of the Services.
You agree not to share, create, upload, transmit or display using the Services any material, information, or User Content which is or may be covered by copyright, patent, trade secret, trademark, trade name, service mark or any property rights, including privacy and/or publicity rights, unless you have the necessary licenses, rights, consents, and permissions to use and to authorize us to use any and/or all User Content that you create, upload, transmit, or display using the Services.
You agree not to use fictitious names and concealing true names for the purpose of concealing crime, evading the execution of a judgment, or causing damage.
You agree not to share, create, upload, transmit or display using the Services any material, information, or User Content which: infringes on the intellectual property, privacy, and/or publicity rights of any third party; is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, indecent, pornographic, profane, threatening, racist, gruesome, offensive to public morals, invasive of another’s privacy, or otherwise violative of any rule, regulation, or law; contains any viruses, Trojan horses, worms, time bombs, bots, any malware, or any computer program, code, or routine that may or is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and/or that which promotes or abets piracy. You further agree not to engage in pyramid, ponzi or similar schemes or other damaging schemes in the future; not to start or forward chain letters; and not to conduct or aid in the conduct of surveys, contests, petitions, and the like, using the Services, unless the Services has been specifically designed and explicitly made available for such purpose. You represent, warrant and affirm that you own or that you have the necessary licenses, rights, consents, and permissions to use and to authorize us to use, reproduce, adapt, modify, translate, publish, publicly perform, publicly display, distribute, or transmit over public networks and in various media any and/or all User Content that you create, upload, transmit, or display using the Services, as you hereby authorize and grant us perpetual, irrevocable, worldwide, royalty-free and non-exclusive right, license, consent and permission to use, reproduce, adapt, modify, translate, publish, publicly perform, publicly display, distribute, or transmit over public networks and in various media any and/or all User Content which you may create, upload, transmit, or display using the Services, in a manner we may deem fit and necessary, including but not limited to making such User Content available to a third party in compliance with a requirement of law, a rule or regulation, or making such User Content available to any third party for its use, reproduction, adaptation, modification, translation, publication, public performance, public display, distribution or transmission. You likewise hereby irrevocably agree, affirm, and warrant to hold the Company free from any liability, both under equity and the law, arising or that may arise out of its use of your User Content or the use of your User Content by a third party to which we made available your User Content.
Unless otherwise agreed in writing with us you hereby agree to and acknowledge sole responsibility for protecting and enforcing any proprietary rights you or your principal may have on any User Content made available through the Services. You further acknowledge, agree, and admit that the Company is not responsible for the actions of other users or any third party and hereby free Quezon Capital Rural Bank, Inc. and waive in its favor any or whatever right or claim you or your principal may have against us relative to any User Content which you or a third party may create, upload, transmit or display using the Services.
You agree to store your password on the device and our servers in an encrypted form. This form of encryption disguises your password on the server, but still allows us to authenticate you when you sign into the Services.
You agree that by supplying your personal information for the purpose of availing yourself of the Service, you expressly consent to the processing of your supplied personal information for the purpose of but not limited to creating and maintaining your account. Such consent includes authorization for us to disclose, exchange, distribute and release the said information to our associates, affiliates, subsidiaries, officers, employees, agents, lawyers and other consultants, pre-paid/debit/credit bureaus, third-parties, our service provider for this Service or any such persons as we deem necessary, or as required by law, rule, or regulation.
Third-Party Content & Services
The Services contains content provided by third party services and resources. You acknowledge and agree that we are not responsible or liable for: the availability or accuracy, appropriateness, completeness, correctness, or non-infringement of such Third-Party Services; or the content, products, or services available on or through such Third-Party Services. The availability of such Third-Party services does not imply any endorsement by us of such Third-Party services or the content, products, or services available therefrom.
You may not remove, alter, or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the application and the services or in any Third-Party Services.
The Company makes no representation or warranties whatsoever about any service, content and/or any other resources provided by the Third Party.
Reserved Rights
You understand and agree that we reserve the right, at our sole discretion but without requirement, to deny access to and/or discontinue the Services or any component thereof to anyone at any time, temporarily or permanently, without giving any reason and/or prior notice to you. You hereby irrevocably agree, affirm, and warrant to hold us free from any liability, both under equity and the law, arising or that may arise out of any such denial of access to or the discontinuance of the Services.
You understand and agree that we reserve the right, at our sole discretion but without requirement, to collect, screen, review, flag, filter, modify, block, refuse or remove any and/or all information provided by any user, explicitly or implicitly to and through the Services, including but not limited to hardware information, IP address, browser-type related information, cookies, and the like. You hereby irrevocably agree, affirm, and warrant to hold us free from any liability, both under equity and the law, arising or that may arise out of any such collection, screening, review, flagging, filtering, modification, blocking, refusal, or removal of any and/or all information provided by any user to and through the Services.
You understand and agree that we reserve the right, at our sole discretion but without requirement, to enhance, improve, develop, and introduce new features and functionalities as well restructure, revise, change, remove, delete, replace existing and current features and functionalities to the Services at any time and without prior notice. You hereby understand, agree, and affirm that any such enhancement, improvement, development of new feature and/or new functionality and restructure, revision, changes, removal, deletion, and replacement of existing and current features and functionalities of the Services shall form part of the Services as defined herein and thus shall likewise be covered by these Terms and its subsequent revisions or amendments, as applicable.
You understand and agree that we reserve the right, at our sole discretion, to verify, check, cross-refer, validate, and ascertain the veracity and truthfulness of all information supplied by you by acquiring, accessing, retrieving, or otherwise acquiring similar or additional information supplied by you to other third-party service providers, including, but not limited to telecommunications providers, etc. You hereby expressly, unequivocally, and voluntarily allow us to request for and secure such information, and expressly, unequivocally, and voluntarily instruct such third-party providers to: (a) receive and process our request; (b) favorably always act on any such request by producing the information requested; and (c) when requested by us provide the latter with certified digital or printed copies of the said information.
You understand and agree that we reserve the right, at our sole discretion but without requirement, to send you or cause to send you service updates and/or messages, including SMS, notifications, email and/or any data message transmission, informing you of enhancements, improvements, developments, features, functionalities, products, promotions, offers, advertisement and/or any other information relative to the Services and the Company. We make no warranty of any kind, express or implied, for such service updates and/or messages, but you hereby agree to receive such service updates and/or messages and hold us free from any liability and/or claims for indemnification or damages that may arise therefrom.
You understand and agree that we reserve the right, at our sole discretion but without requirement, to set limitations to and charge fees, penalties, and applicable taxes for the use of the Services, at any time and without prior notice. You further understand and agree that we reserve the right, at our sole discretion and under no requirement, to change the applicable fees, taxes and charges levied for the use of the Services, at any time and with prior written notice to you sixty (60) days prior to effective date of change in fees / charges / penalties / taxes.
You understand and agree that we reserve the right, at our sole discretion but without requirement, to change, modify or amend these Terms & Conditions without prior notice. You hereby understand, agree, and affirm that it shall be your sole responsibility to be aware of any such change, modification or amendment, which shall take effect immediately upon publication the same way as this original Terms & Conditions has been published, or upon its availability through the Services and which shall bind you as soon as you visit, use or access the Services regardless of whether or not you are already aware of such change, modification or amendment.
You understand and agree that we reserve the right, at our sole discretion but without requirement, to enforce the provisions of these Terms & Conditions. Non-enforcement of any of the rights of the Company under these Terms & Conditions, under the law or under principles of equity shall not be construed as a waiver thereof. Likewise, no subsequent course of action by us, by you, and/or by any third party, individually or collectively, shall not operate and shall not be construed to operate as abandonment, amendment, or modification of these Terms & Conditions. You likewise hereby declare, affirm, and undertake the sole requirement to indemnify us or any third party for any damage we or said third party may sustain because of your use of the Services.
You understand and agree that we reserve the right, at our sole discretion but without requirement, to limit the provision, availability, quantity, and quality of any feature, product, or service to any person or to anyone within the same geographic area, demographic profile, or any other market, commercial, and/or trading segments. You likewise understand and agree that we reserve the right, at our sole discretion but without requirement, to administer and operate any and/or all of the Services from any or various locations outside the Republic of the Philippines. You further understand, agree, and hold us free from any liability arising therefrom, that not all features, products, or services discussed, referenced, provided, or offered through or in the Services are available to all persons or in all geographic locations, or are appropriate or available for use outside the Republic of the Philippines. Any part or the whole of the Services or these Terms & Conditions are void where prohibited. You hereby understand, agree, and undertake sole responsibility for your continued access to or use of the Services, as well as the results or consequences of such access and use, including the responsibility for compliance with applicable local laws and the sole liability for non-compliance or breach thereof.
User Requirements
You agree to abide by the requirements stated under this paragraph.
You will pay all requirements, fees, charges, penalties, taxes, and overdraft that may be imposed depending on the Service that you availed. The Company has the right to deduct from your QCRB Mobile Banking App all monies that may be due and demandable by us. In the event that the amount of the Account Holder’s transactions exceeds the available balance in his/her QCRB Mobile Banking App (“Overdraft”) and the transaction was allowed or consummated for any reason, the Company has the right to debit the Overdraft from the QCRB Mobile Banking account of the Account Holder by way of compensation. If the amount in the QCRB Mobile Banking account is insufficient to pay for some or all of the Overdraft, we have a right to collect the Overdraft from other accounts of the Account Holder with us or ask the Account Holder to top-up his/her QCRB Mobile Banking App to pay for the Overdraft. Non-payment of the Overdraft after notice has been made shall allow us to either suspend or close the Account.
You will not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Service or any Instruction being conducted through the Service.
You undertake to provide us with: (a) true, accurate, correct, current and complete evidence of your identity, and promptly update your personal information if and when it changes; (b) provide us with any identity documentations as may be requested by us; (c) provide us with details of one or more Payment Instruments; (d) provide us with true, accurate, correct, current and complete information as we indicate on the website is required to receive the Service and any other information which may be required in relation to the Transaction; and (e) any other information that must be provided for the Service to be properly executed, as specified when you enter the details of the Service you are interested.
Once you confirm the Transaction or ask us to proceed with the Transaction, you cannot cancel nor reverse such transactions.
Loyalty Program
Quezon Capital Rural Bank, Inc., at its sole option, shall run a Loyalty Program on the use of the Service. Your right and requirement in the Loyalty Program shall be covered by the Terms & Conditions specific to the Loyalty Program which can be found in our website at Terms and Conditions (qcrblive.com).
Fees, Rates and Other Charges
You agree to pay fees, rates, other charges, penalties, and applicable taxes, related to the Service and its use, as may be imposed by us.
All Fees are quoted in Philippine Peso unless otherwise stated and are non-refundable.
Fees, rates, penalties, and other charges, as may be applicable, shall be inclusive of all applicable Philippine taxes and shall be debited from the Account Holder’s QCRB Mobile Banking App or paid upfront.
Should these fees, rates, penalties, and other charges result in a debit balance in the Account Holder’s QCRB Mobile Banking App, the amount shall be due and demandable from the Account Holder and/or debited from the wallet account upon the availability or replenishment of funds thereof without prior notice.
The amount of fees, rates, penalties, and charges may be revised from time to time as we may deem necessary.
Standard carrier fees may be charged by Account Holder’s telecommunications service provider against Account Holder’s prepaid phone balance or postpaid phone account when using the QCRB Mobile Banking App for various transactions, such as but not limited to balance inquiry, ‘remote/off-site’ purchases, etc.
Dormancy
An account is considered dormant when it does not have any user-initiated financial transaction for a period of one (1) year from date of last transaction, despite reminder from us or if the QCRB Mobile Banking App remains inactive and/or not loaded over a fixed period of time as may be required by us or when the QCRB Mobile Banking App is not renewed or terminated for any reason and the Account Holder does not claim the money in the Account, for the same period of time.
We reserve the right to charge a dormancy fee one (1) year after the last user-initiated financial transaction in accordance with the Table of Fees and Charges.
In case of dormancy, the Account may be zeroed out as a result of fees charged. In this case, we shall have the discretion to close or purge the account in accordance with the applicable laws, rules, and regulations.
SMS – Short Message Services and Phone Messaging App
An Account Holder agrees and authorizes the Company to send promotional advertisements of its and of its partners’ products and services through mail, short messaging service, multimedia messaging services, electronic mail, and other forms of telecommunication, unless it has opted out or notified us otherwise.
We may send notifications in relation to Transactions by SMS. We will provide you with information after receipt of a Transaction Request enabling you to identify the Transaction, along with details of the amount of the Transaction in the currency used in the Transaction Request, our Service Fee, the date and if applicable exchange rate on which the Transaction Request was received.
The details in the Messenger notification/SMS/Text confirmation message after every transaction and/or the entries in the Statement of Transactions, for QCRB Mobile Banking App, are presumed true and correct unless you notify us in writing of any dispute thereon within fifteen (15) days from the date of transaction. If no dispute is reported within the said period, all transactions and the entries are deemed true and correct. Disputed transactions shall only be credited back once the claim/dispute has been properly processed, investigated, and proven to be in favor of the Account Holder. The Account Holder shall pay a corresponding processing fee for each sales slip retrieved upon the request of the Account Holder or by us arising from an invalid dispute.
An Account Holder shall abide and be bound by the instructions and/or procedures of the Company during the use of SMS and/or Messages. The Account Holder shall have no claim, recourse, or remedy against the Company for any loss, damage and expense incurred arising from non-compliance with such instructions and/or procedures.
Quezon Capital Rural Bank, Inc. is entitled to effect any changes to SMS and/or Messages, suspend and/or terminate SMS and/or Messages and to vary SMS and/or Messages at any time upon its sole and absolute discretion without assigning any reason and without prejudice to any of its rights of action for any antecedent breach of these terms and conditions by an Account Holder.
An Account Holder may request to terminate the use of SMS Alerts by giving us seven (7) days written notice by e-mail [customer touchpoint e-mail address].
An Account Holder hereby irrevocably agree to hold free and harmless Quezon Capital Rural Bank, Inc. and indemnify the Company against all actions, claims, demands, liabilities, losses, damages, costs, and expenses of whatever nature as a result of agreeing to this section. We shall in no way be liable to Account Holder for any action/s it takes in reliance on SMS Alerts purporting to be from us but does not proceed from our official SMS Alert number.
3. QCRB Mobile Deposit Account
The QCRB Mobile Banking account is a reloadable electronic wallet that stores Philippine Peso (PHP), redeemable only at face value. The value loaded into the QCRB Mobile Banking App may be used to purchase goods and services via POS, Online, or Mobile for a Merchant honoring Payment Scheme/s. It shall not earn interest nor monetary rewards and other similar incentives convertible to cash, nor shall any monetary amount be purchased at a discount. It is not a depository account, hence, is not covered by the Philippine Deposit Insurance Corporation (PDIC). It shall be treated as a personal account of the Account Holder and shall not be used to engage in the business of remittance or for any other business purposes, except upon execution of a written agreement with us allowing such. It is subject to the rules and regulations of the Bangko Sentral ng Pilipinas (BSP), the Anti-Money Laundering Act (AMLA) and the Data Privacy Act.
Cash-In
Account Holders may use his/her QCRB Mobile Banking App by adding or loading funds to their accounts through the QCRB Mobile Banking Application, Web Portal, or Platform, or accessed through an accredited Third-Party platform or channel (i.e. third-party cash agents or merchants).
The Company reserves the right to impose a minimum and/or maximum amount per load, per account, depending on business needs and applicable law, rules, and regulations.
The applicable charges and fees shall be automatically deducted from the balance in the account. The reference number in the SMS / Text Message / Message and in-app confirmation shall be the Account Holder’s proof of successful cash-in transaction.
Remote / Off-Site Purchases
Payments for goods and services performed ‘off-site’, such as but not limited to access through the Mobile Phone, Phone Messaging App, landline telephone, and internet, where Account Holder is not physically present in the Merchant’s premises when making a purchase, will not require the Account Holder’s signature in the Merchant’s transaction slip. The act of transferring to the Merchant’s assigned QCRB Mobile Banking App and the keying in of the password for the purposes of authorizing a transfer, or unlocking for internet transactions, shall be sufficient evidence that the payment made has been authorized, validated, and cannot be disputed by the Account Holder. Through the Merchant transaction, you also agree to bind yourself to the Merchant’s terms of sale such as but not limited to on how you will receive the goods and/or services that you purchased. Once the payment transaction has been authorized and consummated, QCRB Mobile Banking shall not be held liable for any undelivered goods or non-performance of services, defects, damages, and after-sales services of such goods and/or services, and/or any other dispute between the biller and the Account Holder arising from such payment. As such, you are fully accountable for payment transactions that may deal with Merchants that may have a limited refund policy for invalid disputes. An invalid dispute refers to all disputes except if the dispute is about goods and/or services purchased online that are no longer available.
Disputes of Unauthorized Transactions
Transactions are authorized when either one or all of the following conditions are met: a) the password or MPIN is successfully keyed-in for e-commerce, electronic and/or cellular phone-based transactions; b) SMS is sent from the Account Holder’s Mobile Phone; c) when the Account Holder has successfully unlocked his/her QCRB Mobile Banking App for internet transactions; or d) once a user is authenticated and logged-in to the QCRB Mobile Banking App, Web Portal, or Platform, or accessed through an accredited Third Party platform or channel. This shall be sufficient evidence that all activity has been made and validated and cannot be disputed by the Account Holder.
Statement of Transaction
The Account Holder at any time may view his/her statement of transactions by logging-in to the QCRB Mobile Banking App. The mere act of Quezon Capital Rural Bank, Inc., making the Statement of Transactions viewable at any time via QCRB Mobile Banking App, Web Portal, or Platform, or accessed through an accredited Third-Party platform or channel is a conclusive presumption that the Account Holder has received the same. We shall be held free and harmless from all liability should the Statement of Transactions be read by a person other than the Account Holder. Neither may Account Holder thereafter raise the defense that he/she failed to receive the Statement of Transactions. In all instances, the Account Holder may inquire about the Statement of Transactions by contacting our customer Hotline. Statement of Transactions as viewed in the QCRB Mobile Banking App, Web Portal, or Platform, or accessed through an accredited Third-Party platform or channel shall be a conclusive account of Account Holder’s transaction. Any dispute shall be handled in accordance with the specific clause for such provided herein. See Section 6.
Change of Personal Information
The Account Holder shall immediately notify our Hotline via telephone or a written notice of any change in his/her residence, office or mailing address and/or telephone number/s, which shall be subject to verification by us through presentation of proper documents such as, but not limited to true copies of certification from the Philippine Statistics Office (PSA), marriage certificate, or court order, as proof or evidence of such change. The request shall be considered valid and final upon authentication of the user, based on our verification process. Verification process may be through a Hotline security verification process or verification via the QCRB Mobile Banking wallet in-app messaging facility.
Expiry, Renewal, Reinstatement, Cancellation of Account
The Account Holder will not be able to use the QCRB Mobile Banking App after the expiry date indicated thereon. Renewal of the QCRB Mobile Banking App shall be subject to our approval. QCRB Mobile Banking App which has been suspended by us may be reinstated by us at our option.
Should the Account Holder: (a) fail to comply with the Terms & Conditions provided herein or for any reason fail to renew the QCRB Mobile Banking App; (b) the QCRB Mobile Banking App is not renewed by us; (c) the account contains suspicious/fraudulent activity; or (d) Account Holder dies or becomes insolvent, however evidenced, the right to use the QCRB Mobile Banking App shall be terminated without prior notice.
We, at our exclusive option and without giving any reason and/or prior notice to the Account Holder may block, suspend, cancel, withdraw, revoke or terminate the Account and/or its privileges at any time for whatever reason, including but not limited to Account Holder’s default, non-payment, financial incapacity, change in personal and/or economic circumstance, change in residency status or country or territory of stay, failure to provide additional documents requested by us, misrepresentation and fraud.
In all instances, the Account Holder’s continued use upon suspension, termination or expiration shall be considered a fraudulent act and will be a ground for criminal action.
In all instances, any aggregate and unpaid charges, fees, rates, penalties, taxes, and other expenses for which the Account Holder is liable shall immediately become due without need of demand and may be immediately debited without prior notice from any remaining funds, money, assets of the aforementioned Account Holder.
In the event of any suspension or termination of the Service, the Account Holder agrees to hold the Company free and harmless from any claim, damages, loss, expense, suit, or liability whatsoever, arising from such suspension, cancellation, termination, withdrawal, or revocation.
4. Exclusion from Liability
Quezon Capital Rural Bank, Inc., its employees, agents, representatives, dealers, distributors, third parties, our service provider for this Service, subsidiaries and affiliates makes no warranty, express or implied, regarding the performance or functionalities of the Service offered hereunder.
The Service is offered on an “as is”, “as available” basis without warranties of any kind, other than warranties that are incapable of exclusion, waiver, or limitation under the laws applicable to these Terms & Conditions. Without limiting the generality of the foregoing, the Company, its employees, agents, representatives, dealers, distributors, third parties, our service provider for this Service, subsidiaries and affiliates make no warranty (1) as to the content, quality, security, correctness, or accuracy of data or information provided by us hereunder or received or transmitted using the Service functionalities; (2) as to any service or product obtained using the Service functionalities; (3) that the Service will be uninterrupted or error-free; or (4) that any particular result or information will be obtained.
Quezon Capital Rural Bank, Inc., its employees, agents, representatives, dealers, distributors, third parties, our service provider for this Service, subsidiaries and affiliates shall not be liable for any loss, costs, compensation, damage, or liability to the Account Holder or third party arising directly or indirectly because of any or all of the following:
- Our refusal or any other bank, financial institution, merchant, and the like to allow, accept or honor the QCRB Mobile Banking App, even if there is sufficient balance available.
- If we do not approve any service transactions or settlement under the Service of the Account Holder even if there is sufficient balance limit available.
- The Service is honored by any other bank, financial institution, merchant, however payment transactions are not authorized for any reason whatsoever.
- Adjustments or reversals caused by incorrect entries, a missed or misdirected credit to the QCRB Mobile Banking App.
- Account Holder is unable to perform or complete any transaction using Mobile Phone or Service online payments due to service/system/line unavailability.
- Any delay, interruption or termination of the Service transaction whether caused by administrative error, technical, mechanical, electrical, or electronic fault or difficulty or any other reason or circumstance beyond our third-parties’ and the application provider’s control (including but not limited to acts of God, strike, labor disputes, fire, disturbance, action of government, atmospheric conditions, lightning, interference, or damage by third parties or any change in legislation).
- Theft or unauthorized use of the QCRB Mobile Banking App or any loss, costs, damages or payable to any third party by the Account Holder.
- Any misrepresentation or fraud by or misconduct of any third party, such as but not limited to owners, employees, or agents of partner Cash Agents or Merchants.
- An Account Holder shall not hold us responsible or liable for any loss or damage which he may incur or suffer directly or indirectly arising out of or in connection with the Services due to any reason whatsoever including but not limited to breakdown or malfunction of the computer, its terminal connection lines, data processing system or transmission line whether belonging to us or any circumstances beyond our, our third-parties’ and our application provider’s control.
- In the event of any unauthorized use of the Service, we shall not be liable for any inconvenience or damage caused to the Account Holder or any third person. Moreover, we shall not be liable for any failure by the Account Holder to avail itself of the Service for any reason whatsoever.
- An Account Holder shall not hold us, our third-party service provider for the Service, liable or responsible for any loss or damage arising from possible data breach or exposure when using the Service together with their SSS, TIN, and other personal information.
- We reserve the right to hold promo benefits if there is an abuse of the promo or the account is compromised or deemed fraudulent.
In the event of any action that the Account Holder may file, the Account Holder agrees that our liability shall not exceed One Thousand Pesos (P1,000.00) or the amount of damages suffered by the Account Holder, whichever is lower.
5. Data Privacy Notice
As a condition for use of the service, Account Holder permits Quezon Capital Rural Bank, Inc. and its subsidiaries, affiliates, authorized subcontractors, agents, representatives, dealers, distributors, third parties, our service provider for the Service, to collect, process, disclose, store, use, disclose, share, transfer and distribute personal data, including data that may be classified as personal information and/or sensitive personal information under the Data Privacy Act of 2012, as well as transaction information, to authorized agents, subsidiaries, affiliates, dealers, distributors, service provider for the Service and other authorized third parties, to undertake activities that may include, among others:
- Conducting analysis for purposes of research and marketing initiatives, including the creation of Account Holder’s personal profile based on his/her interests, preferences, mobility patterns from physical locations that he/she may visit, and other information that may be relevant for marketing and market research purposes;
- Managing Account Holder’s account, providing customer care activities, monitoring the quality and security of the network, training the staff, and providing services in a timely and efficient manner, and ensuring your fair and lawful use of the products and services provided by us;
- Generating statistical insights based on Account Holder’s usage and other information to assist the Government in planning for healthcare, disaster, and others;
- Credit scoring programs and initiatives, including but not limited to providing information to the Credit Information Corporation in furtherance of the objectives of Republic Act No. 9501, otherwise known as the Credit Information System Act;
- Sending commercial and promotional advertisements and campaigns, loyalty and rewards offers, surveys, customer care, and after sales communications, and other broadcast push messages;
- Sharing Account Holder’s personal data with our business partners, authorized third-party content providers, service provider for the Service and other authorized third-party services; and such other processing or disclosure that may be required under law or regulations.
The Account Holder’s personal data may be obtained in many ways including through market research activities, QCRB Mobile Banking App, Web Portal, or Platform, through an accredited Third-Party platform or channel, and from our subsidiaries, affiliates, business partners, and third-party service providers.
The Account Holder’s personal data will be maintained in our records throughout his/her availment of the service and for as long as necessary for the fulfillment of the purposes for which the information was obtained or for the establishment, exercise, or defense of legal claims, or for legitimate business purposes, or as provided by law, rules, and regulations in accordance with the rules of the Anti-Money Laundering Act (AMLA). The Account Holder is afforded certain rights in relation to his/her personal data under the Data Privacy Act, including the right to object to processing, the right to access his/her data, the right to rectification of inaccurate data, and the right to erasure or blocking of data.
To provide the highest quality service, we exchange anonymized and non-personally identifiable data with our partners and third-party service providers.
6. Other Provisions
Governing Law
These Terms & Conditions shall be construed and governed in accordance with the laws of the Republic of the Philippines.
Legal Disputes
Any dispute arising from the access or use of the Service shall be settled in the first instance by mutual discussion between you and us. If the dispute cannot be settled by mutual discussion, it shall be referred to and finally resolved by arbitration in accordance with the prevailing rules of the Philippine Dispute Resolution Centre, Inc. (PDRCI). The number of arbitrators shall be one (1) and the place of arbitration shall be in the Philippines.
Venue of Litigation
Venue of all suits shall exclusively be at Makati City only to the exclusion of all other courts.
Separability Clause
Should any term or condition in this 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.
Amendments
We may at any time and for whatever reason it may deem proper, amend, revise, or modify these Terms & Conditions without further notice. It is the Account Holder’s responsibility to regularly check any changes to the Terms & Conditions at qcrblive.com. The Account Holder’s continued use of our service after any such changes constitutes acceptance of the new Terms & Conditions. Failure to notify us of Account Holder’s intention to terminate his/her account shall be construed as acceptance by the Account Holder of the amendments to these Terms & Conditions.
Agreement
The Account Holder agrees to be bound by the Terms & Conditions, Terms of Service and the Privacy Policy governing the issuance and use of our service. Should the Account Holder disagree with the Terms & Conditions, Terms of Service and the Privacy Policy the Account Holder shall close or opt out and delete the QCRB Mobile Banking App from his/her device (if applicable), and/or call or provide a written notice of cancellation to our Customer Service, otherwise, the Account Holder shall continue to be liable for all charges incurred by the Service.
Notices
All notice requirements shall be as stated in these Terms & Conditions. If we are required to send notice to you, it shall do so through SMS, email, or registered mail which shall be sent to your registered address.
Complaints Handling Procedure
Our customer’s financial questions, needs and feedback are very important. If you have any concerns about a procedure or have encountered a problem with our service, you may contact our Customer Service through the following channels:
- Facebook: https://www.facebook.com/qcrblive/
- Customer Hotline: (042) 795-3902
- BSP Hotline: (632) 708 7087 loc 2584
You have our assurance that we will handle your concerns with utmost confidentiality and will strive to resolve them as soon as possible.
Definition of Terms
Account Holder – refers to an individual who uses the QCRB Mobile Banking app / service (“Service”) and whose name appears on the online form, or signed enrollment form or application form, as may be applicable. Refers also to the Principal Account Holder.
Account – reloadable electronic wallet that stores electronic money in Philippine Peso (PHP), redeemable only at face value. It does not earn interest nor monetary rewards and other similar incentives convertible to cash, nor shall any monetary amount be purchased at a discount. It is not a depository account, hence, is not covered by the Philippine Deposit Insurance Corporation (PDIC).
QCRB Mobile Deposit Account – refers to an account that stores Philippine Peso (PHP) value in the Service system which may be linked to the Account Holder’s mobile phone number.
QCRB Mobile Banking App – mobile application that serves as the interface between the account holder and his QCRB Mobile Banking account, which terms of use shall be in accordance with the Terms of Service and User’s Guide found in the said QCRB Mobile Banking App or Quezon Capital Rural Bank, Inc. Web Portal.
QCRB Mobile Banking In-app – made or available from within a QCRB Mobile Banking app on a mobile device, without the need to visit a separate online site.
Cash Agent – over-the-counter cash-in or top-up agents accredited or authorized to perform the Service.
In-Store Payments – refers to face-to-face but cashless transactions by the Account Holder using the QCRB Mobile Banking App.
KYC – Know Your Customer refers to the process of a business identifying and verifying the identity of its customers. The term is also used to refer to the anti-money laundering regulations which governs these activities.
Merchant – refers to a business establishment, accredited by a financial institution to accept payments for the purchase of goods and services using the Service.
Message – refers to communication message sent through the Facebook Messenger or other Phone Messaging App.
Mobile Banking Service (MBS) – service that allows subscribers to access and manage their enrolled bank accounts using the QCRB Mobile Banking App.
Mobile Banking Personal Identification Number (MPIN) – a numeric passcode used in the process of authenticating a user accessing the QCRB Mobile Banking mobile application.
Online Payments – refers to the payment by an Account Holder to an online Merchant over the internet.
Overdraft – refers to a deficit in an account caused by drawing more money than the amount held by the QCRB Mobile Banking App.
PIN – refers to a Personal Identification Number
Peso Value — refers to the equivalent monetary value in Philippine Peso (PHP) used as a basis for all account transactions in the Philippines.
Personal Identifiable Information – Personal information refers to any information whether recorded in a material form or not, from which the identity of an individual is apparent or can be reasonably and directly ascertained by the entity holding the information, or when put together with other information would directly and certainly identify an individual.
Phone Messaging App – refers to software or application that enables messages to be sent and received.
POS or Point of Sale Terminal – refers to the device or terminal used by a merchant to accept and process payments.
Sensitive Personal Information – as Personal Information: (i) about an individual’s race, ethnic origin, marital status, age, color, religious, philosophical, or political affiliations, health, education, genes or sexual life, or offenses or alleged offenses relating to that individual; and (ii) issued by government agencies peculiar to an individual which includes social security numbers, health records, licenses, and tax returns.
Services – means both mobile applications, channels, and services, including all associated platforms linked therefrom, Quezon Capital Rural Bank, Inc., server and database, as well as all material, information, content, application, and functionality available in and through them.
Short Message Services (SMS) – refers to a communications protocol allowing the interchange of short text messages between mobile telephone devices.
Terms – used in this document pertains to the whole of this “Terms & Conditions of Use” including its subsequent amendments or revisions.
Transaction – refers to all acts that the Account Holder does to its QCRB Mobile Banking App to avail of the Services that Quezon Capital Rural Bank, Inc. offers.
Transaction Amount – refers to the sum of money which an Account Holder uses to affect the Transaction.
Transaction Request – refers to the request of an Account Holder to affect a Service in his/her account.
User Content – refers to any content generated or uploaded by a user of the Services, which includes photographs, videos, music or other multimedia files, documents, information, or anything else that can be stored electronically.
User Guide – refers to the instructions provided on the functionalities of the Service issued to Account Holders and may be amended from time to time.
We – refers to the vendors and providers of the Services, including but not limited to Quezon Capital Rural Bank, Inc., its directors, officers, employees, agents, and/or assignees and successors, as well as the owners/operators, affiliates, third parties, and/or licensors of the Services.
You – refers to you as a user of the Services, and includes your agents, assignees, or successors, as well as your parents or legal guardians for those below the age of majority.