ATRAM ONLINE SERVICE AGREEMENT
This ATRAM Online Service Agreement (the “Agreement”) sets forth the specific terms and conditions which shall govern my use of the online services of ATRAM Trust Corporation and ATR Asset Management, Inc. (the “ATRAM Group”). By using the ATRAM Online Service, I agree as follows:
1.1 Unless the context otherwise requires, the following terms when used in this Agreement shall have the meaning indicated below:
“ATRAM Online Services” means any service, financial or otherwise, electronically provided by the ATRAM Group through the use of the internet facility.
“Password” means the code created by the authorized user and is used in conjunction with the User ID to allow access to the ATRAM Online Service.
“Intellectual Property Rights” means any (i) names, logos, registered and unregistered trademarks, and service marks, (ii) patents and patent applications, (iii) business methods, inventions, and discoveries that may be patentable, (iv) software and computer code, and (v) copyrights in both published works and unpublished works. Intellectual Property Rights shall include all Intellectual Property Rights registered under the ATRAM Group’s name, duly licensed to the ATRAM Group by an affiliate or subsidiary of the ATRAM Group or by a third party.
“User ID” means a string of characters composed of letters and numbers nominated by the authorized user which serves as his unique identification.
1.2 Headings used in this Agreement and the Annexes are for convenience and reference only and shall not affect the meaning or interpretation of this Agreement. Unless the context otherwise requires, words denoting the singular shall include the plural and vice versa, and words denoting persons shall include individuals, corporations, partnerships, joint ventures, trusts, unincorporated organizations and any political subdivision, agency or instrumentality. Any reference to a law or statute shall be construed as a reference to such law or statute as the same may have been, or may from time to time be, amended, substituted or re-enacted.
2. ACCESS TO ATRAM ONLINE SERVICES
2.1 I agree that the ATRAM Group has the absolute discretion to make ATRAM Online available to me. The ATRAM Group have the discretion from time to time to determine the scope of ATRAM Online, set or change the daily cut-off times, modify, restrict, withdraw, cancel, suspend or discontinue any or all of the services without notice or responsibility to you and without giving any reason therefor. I understand that by using ATRAM Online after any modification or change has been effected, I have agreed to any such modification or change. The ATRAM Group shall not be liable to you if you are unable to gain access to the System. You understand that while ATRAM Online is available 24-hours a day, some or all of the services may not be available at certain times due to transaction cut-off times, maintenance and/or computer, telecommunication, electrical or network failure, or any other reasons beyond our control.
2.2 The ATRAM Group shall provide me with instructions on how to use the ATRAM Online Service. I can access any of my enrolled/nominated accounts with the use of internet enabled device, approved browser, and my User ID and Password.
3. SECURITY PASSWORD USAGE
3.1 I agree not to let anyone know of my password.
3.2 I agree to assume full responsibility for all transactions made in my accounts through the use of my User ID and Password. It is understood that the Password is known only to me and as such, any transaction effected using my Password shall be conclusively presumed to be done by me or authorized by me.
3.3 I further agree and undertake to change my Password from time to time as I deem necessary. Should I feel that my Password has been compromised, I shall immediately change my Password through ATRAM Online Service’s Change Password facility.
3.4 I agree that the ATRAM Group, at its sole discretion, is entitled to act on the instructions received via ATRAM Online Service which the ATRAM Group reasonably believes emanated from me by the use of my User ID and Password. I further agree that the ATRAM Group shall not be liable for acting in accordance with or based on the ATRAM Online Service requests and/or instructions made through my ATRAM Online Service account, which it believes emanated from me.
4. ATRAM ONLINE SERVICES
I understand that the following are some of the services available in ATRAM Online Services:
4.1 INVESTMENT SUMMARY – I can access the details of my investments as of previous business day.
4.2 SUBSCRIPTION AND REDEPTION REQUESTS – I can enter requested subscription and redemption transactions for the various products of the ATRAM Group. I agree and understand that certain cut-off times are implemented, depending on the relevant investment fund.
4.3 RECENT ACCOUNT ACTIVITY – I can access transactions recently entered into.
4.4 ELECTRONIC MAIL
4.4.1 I agree that I shall not rely on email if I need to communicate with the ATRAM Group right away, such as but not limited to unauthorized transactions. In any of these or similar instances, I shall call the ATRAM Group’s Contact Center to report my concern.
4.4.2 I agree that the ATRAM Group may respond to me by electronic mail with regard to any matter related to the ATRAM Online Services.
4.4.3 I hereby authorize the ATRAM Group to send me promotional offers, advertisements, surveys or such other similar programs of the ATRAM Group, its subsidiaries, affiliates and partner institutions, by communicating to me in writing, or by electronic mail, or by facsimile transmission, or by short messaging service (SMS), or by such other electronic transmission which the ATRAM Group, at its option, considers appropriate and effective, or through the ATRAM Group channels or any one of them including posting in the ATRAM Group’s website.
4.5 OTHER SPECIAL SERVICES
4.5.1 I understand that I can make other service requests and inquiries through ATRAM Online Special Services, such as but not limited to changes to my contact details, settlement accounts, etc.
4.5.2 I understand that these special services will be received by the ATRAM Group electronically and as such, are subject to processing time.
4.6 NEW SERVICES
New services may be introduced by the ATRAM Group for ATRAM Online Service from time to time and I will be notified of these new services. By using these services when they become available, I agree to be bound by the rules that will be made available to me concerning these services.
4.7 CUSTOMER SERVICE AND COMPLAINTS
4.10.1 I can file requests and complaints through the following ATRAM Group’s facilities/channels:
- Customer Service
- Electronic Mail (E-mail)
iii. Request and Complaints forms in ATRAM Online
- ATRAM Group Offices
However, for urgent concerns or those that may require immediate attention, I shall not rely on Electronic Mail or forms in ATRAM Online but instead, I shall immediately call the customer service hotline at (02) 8814-7800.
4.7.2 I agree to provide the ATRAM Group with necessary information to be used for the investigation and resolution of a complaint. The ATRAM Group shall provide me with the prescribed processing time to resolve a complaint and, if necessary and practicable, provide updates on a regular basis.
5. OTHER AGREEMENTS
5.1 I hold the ATRAM Group, including any of their respective officers and representatives, free and harmless, as well as indemnify them, from any and all liabilities, claims, damages, suits of whatever nature, arising out of or in connection with the implementation of this Agreement, including any and all errors inadvertently committed, any computer-related errors resulting to the ATRAM Group’s failure to effect any transaction that I may undertake via the ATRAM Online Service. The ATRAM Group will not be liable for any losses resulting from circumstances over which the ATRAM Group has no direct control, including, but not limited to, the failure of electronic or mechanical equipment or communication lines or other interconnection problems, system downtime, severe weather, earthquakes, floods, fire or other such other similar events.
5.2 All terms and conditions of my existing agreement(s) with the ATRAM Group insofar as not inconsistent herewith shall remain in full force and effect.
5.3 I agree that where particular transactions, products and services are subject to specific terms and conditions agreed upon between me and the ATRAM Group, insofar as not inconsistent herewith, or that are applicable thereto from time to time, such terms and conditions shall take precedence.
5.4 For “AND/OR” joint accounts, it is hereby understood and agreed that all transactions to be made by any one of us via ATRAM Online Service are deemed done with the consent of all the co-account holders.
5.5 This Agreement shall be governed by all applicable rules and regulations of the Bangko Sentral ng Pilipinas (BSP).
5.6 I agree that the ATRAM Group may in the future impose charges for the services contemplated under this Agreement within legal and regulatory limits and I hereby authorize the ATRAM Group to impose the said charges accordingly.
5.7 My enrollment in ATRAM Online Service shall be effective upon receipt of the ATRAM Group’s confirmation of the activation and shall remain in full force and effect until you receive from me a written notice of its termination. The ATRAM Group may, however, at any time, suspend or terminate the use of any of the ATRAM Online Services, or this Agreement, with or without prior written notice.
5.8 The ATRAM Group may modify, amend or revise this Agreement or any of the terms and conditions applicable to any of the services provided through ATRAM Online Service from time to time. I shall be notified of any such modification, amendment or revision via mail, e-mail, posting on the ATRAM Group’s website, or by such other electronic transmission which the ATRAM Group, at its option, considers appropriate and effective. Any such modification, amendment or revision shall be binding upon me on the date of effectivity specified in the notice. Continued use of the ATRAM Online Services thereafter will constitute my acceptance of the modifications, amendment or revisions of this Agreement or any of the terms and conditions applicable to any of the services provided through the ATRAM Online Service.
5.9 The ATRAM Group may send any notice or communication to me via mail, electronic mail, facsimile transmission, short messaging service (SMS), other ATRAM Group channels or any one of them including posting on the ATRAM Group’s website, or by such other electronic transmission which the ATRAM Group, at its option, considers appropriate and effective.
5.10 I further agree to be bound, where applicable, by the Terms and Conditions of the ATRAM Group governing PRODUCTS, SERVICES, FACILITIES, AND CHANNELS.
5.11 All Intellectual Property Rights arising from or in connection with the ATRAM Online Services are owned by the ATRAM Group or the relevant third party. I agree not to do any act or thing inconsistent with the ATRAM Group’s or such third party’s ownership of the Intellectual Property Rights. In the event of any infringement or suspected infringement of the ATRAM Group’s or such third party’s Intellectual Property Rights, I agree to notify the ATRAM Group thereof and shall take such reasonable action as the ATRAM Group shall direct in relation to such infringement.
6. DISCLAIMER OF WARRANTIES
To the full extent allowed by applicable laws, all warranties, whether express or implied by law or statute, are excluded from this Agreement. The ATRAM Group does not represent or warrant to me that the ATRAM Online Service: (i) will meet all my requirements; and (ii) will be uninterrupted, timely, secure or free from error.
7. LIMITATION OF LIABILITY
To the full extent allowed by applicable laws, the ATRAM Group shall not be liable to me for any special, consequential, indirect, incidental or punitive damages (or any loss of actual or anticipated revenue or profits) arising out of or connection with this Agreement or its termination, and irrespective of whether I have advised the ATRAM Group of the possibility of any such loss or damage.
8. CONSENT TO COLLECTION AND PROCESSING OF INFORMATION
The ATRAM Group will keep information relating or pertaining to me including, but not limited to, any information on my accounts, transactions, credit relationships, and/or credit facilities (the “Information”) confidential except that for purposes of this Agreement and in connection with ATRAM Group’s (i) implementation, administration, facilitation and enhancements of their respective products, services, facilities and channels, (ii) pursuit of their respective marketing, promotional, communication, commercial and research objectives, (iii) regular conduct of business, and/or (iii) compliance with the requirements of applicable laws and/or government regulators or supervisory bodies, I consent to the ATRAM Group’s, and its directors, officers, employees, advisers, auditors, agents and representatives’ (collectively, the “ATRAM Group Representatives”):
- a) collection, use, storage, consolidation and processing (collectively, “process” or “processing”) of Information;
- b) outsourcing of the processing of Information to service providers, whether within or outside the Philippines;
- c) verification or validation of Information from any and all sources and in any reasonable manner, including but not limited to:
(i) the Bureau of Internal Revenue (BIR) to establish the authenticity of my income tax return (“ITR”) and the accompanying financial statements which I may have submitted to the ATRAM Group; and
(ii) courts or government or administrative agencies or arbitral tribunals on the status of any case or proceeding to which I am a party.
- d) disclosure and sharing of Information:
(i) among the ATRAM Group;
(ii) to credit information or investigation companies, credit bureaus (including, but not limited to, the Credit Information Corporation (CIC) pursuant to Republic Act No. 9510 and its implementing rules and regulations), financial institutions, consumer reporting or reference agencies, credit protection provider or guarantee institutions, brokers, insurers, underwriters;
(iii) to any judicial, governmental, supervisory, regulatory or equivalent body of the Philippines or other jurisdictions; such person or entity as required by the laws or regulations of any country with jurisdiction over the affairs or business of the ATRAM Group;
(iv) to any potential transferee or assignee of the ATRAM Group’s rights and/or obligations under the relevant contracts or agreements;
(v) to service providers engaged by the ATRAM Group, or to marketing, promotional, network, loyalty program and joint venture partners and other relevant external parties, whether based within or outside the Philippines (collectively, the “Relevant Parties” ); and,
(vi) to such other persons or entities that the ATRAM Group may deem necessary or appropriate to facilitate the above-stated purposes or those that may relate to or arise therefrom, as and when required by the circumstances.
The foregoing constitutes my express consent under the applicable confidentiality and data privacy laws of the Philippines and other jurisdiction and agree to hold the ATRAM Group, the ATRAM Group Representatives, and the Relevant Parties, free and harmless from any and all liabilities, claims, damages and suits of whatever kind and nature, that may arise in connection with the implementation and compliance with the authorization conferred by me hereunder.
The foregoing consent shall continue for the duration of, and shall survive the termination of, this Agreement.
9. DATA PRIVACY STATEMENT
I understand that my continued access into the ATRAM Group’s network of websites or use of this service will constitute my acceptance of the ATRAM Group’s Data Privacy Statement as the same may be revised or updated from time to .
I hereby declare that: (i) all the statements, information and supporting documents provided by me are true, correct and accurate; (ii) where the information or data provided was collected by me from third party sources, the relevant consent has been secured by me from the relevant parties to whom such information relates; (iii) any material misrepresentations or falsity or omission on my part will be construed as an act to defraud the ATRAM Group and may be a ground for the of this Agreement, or the cancellation or termination of my access to any of the ATRAM Online Services, without prejudice to such civil and/or criminal liability that the ATRAM Group may pursue against me; (iv) the ATRAM Group may impose such terms, conditions and requirements as it may deem necessary or proper relative to my availment of any of the ATRAM Online Services; (v) I shall notify the ATRAM Group of any material change affecting the information provided by me; and (vi) in using any the ATRAM Online Services, I shall comply with all applicable laws, rules and regulations.
11. GOVERNING LAW AND VENUE
This Agreement shall be governed by and construed in accordance with the laws of the Republic of the Philippines. Any dispute arising hereunder shall be submitted to the exclusive jurisdiction of the proper courts of Makati City, Philippines, to the exclusion of all other venues.
I hereby agree to be governed by the terms and conditions of this ATRAM ONLINE SERVICE AGREEMENT. I hereby also acknowledge to have read and fully understood the said terms and conditions.