The terms “we”, “us”, “our”, “Institution” and “KAYA” refer to the National Confederation of Cooperatives. “You” refers to an enrolled user of the KAYA’s ATM and/or Mobile Banking Services or collectively, KAYA’s Electronic Services.

These Terms and Conditions form a contract between you as a customer and KAYA as the provider of these services. By enrolling in and using KAYA’s Electronic Services, you acknowledge and accept these Terms and Conditions. While we will provide secure systems within which you can conveniently carry out your financial transactions via the ATM and Mobile Phone, you shall take full responsibility for protecting your personal information and accounts once you are enrolled in the services.

KAYA’s Electronic Services can be used to access your KAYA accounts and do transactions through KAYA’s ATM and KAYA’s Mobile Banking System once enrolled.

ACCESS TO KAYA’S ELECTRONIC SERVICES

To access your accounts through KAYA’s Electronic Services, you must have a valid ATM Personal Identification Number (PIN) for KAYA ATM and M-PIN for KAYA Mobile Banking Services.

KAYA ATM CARD NUMBER AND ATM PIN

You will be provided a default Personal Identification Number (PIN) after opening your ATM Account and will have the option to change it on any KAYA ATM. Your ATM Card shall be unique to you and when used with your ATM PIN will enable you to access your accounts via KAYA, Megalink, Expressnet and Bancnet ATMs.

KAYA ATM PIN AND MOBILE PIN

You will be provided a default Mobile Personal Identification Number (M-PIN) after enrolling in KAYA Mobile Banking Services and will have the option to change it on the Mobile Banking Service.

You will be responsible for keeping your ATM PIN/M-PIN confidential. For security reasons, you must make it a habit to change your ATM PIN/M-PIN regularly, especially if you suspect its confidentiality has been compromised. It is strongly suggested that the ATM PIN/M-PIN you select must not relate to any readily accessible personal data such as your birth date; or an obvious combination of numbers, including sequential numbers (e.g. 1234); or one which can easily be guessed by someone else such as dates of events closely associated with you.

Under no circumstances should you keep a written or electronic record of your ATM PIN/M-PIN, nor disclose this to any other person, including family, co-employees and those with apparent authority, i.e. KAYA staff. Do not disclose personal information such as address, mother’s maiden name, telephone number, social security number, KAYA account number or e-mail address unless the one collecting the information is reliable and trustworthy. These must remain confidential to you alone and you must take all reasonable steps to prevent disclosure.

GENERAL USE OF KAYA’S ELECTRONIC SERVICES

You will not use or permit the use of your ATM Card, ATM Card Number, ATM PIN,Mobile Banking Services, and M-PIN in whole or in part for any purpose, whether legal or illegal, other than as specifically intended to carry out your financial transactions and inquiries via KAYA Electronic Services.

Transactions carried out via KAYA Electronic Services are subject to all KAYA conditions, fees and charges applying at the time of the transaction.

The use of your ATM Card, ATM Card Number, ATM PIN and M-PIN will serve as your authorization for us to carry out transactions that you initiated.

You acknowledge that we shall have no obligation to verify authenticity of any instruction received from you through the use of your KAYA Electronic Services accounts and without further inquiry, act on any directives contained in that instruction. The Institution shall be entitled (but not bound) to give effect to any instruction received, in the terms in which it was received. The Institution’s record of any instruction shall (unless there is an obvious error) be final and binding.

ACCOUNT ACCESS

Each enrollment can only consist of a single user (one person) and only Personal Individual accounts shall be allowed to enroll in KAYA’s Electronic Banking Services.

You can access your accounts via KAYA Electronic Services seven (7) days a week, twenty four (24) hours a day. However, at certain times, some or all of KAYA’s Electronic Banking Services may not be available due to system maintenance.

ACCURACY OF INFORMATION

You are responsible for and must take all reasonable care to ensure the information you supply is accurate. We accept no responsibility and li-ability for the accuracy of the information or for failure to transmit such information in the manner requested by you.

You are responsible for verifying transaction history details and statements to make sure that there are no unauthorized transactions.

You must let us know as soon as you think there has been an error in your transactions carried out via KAYA Electronic Services. You may call or visit your maintaining or nearest Cooperative Branch.

TRANSACTIONS

We will try to effect such transactions on your account/s as they are received via KAYA Electronic Services, provided there are sufficient funds available in your accounts. It is your responsibility to ensure sufficient funds are available in your accounts at all times to cover any of your transactions, and that these accounts are active. Any charges or penalties as a result of an unsuccessful transaction due to insufficiency of funds or dormancy of the account will be your sole responsibility and shall be for your account.

We implement cut-offs during the day for each transaction. If you carried out a transaction after the cut-off time, it will be stored and processed the next banking day. Any charges or penalties as a result of a next day trans-action will be your sole responsibility.

NOTICE

Notice to you may be sent to your address as shown on our records by regular mail or via electronic mail or other means of communication as we deem appropriate.

LIABILITY

KAYA shall not be liable for any loss or damage of whatever nature in connection with the implementation of transactions coursed through KAYA Electronic Services in the following instances:

1. Disruption, failure or delay relating to or in connection with KAYA Electronic Services which are due to circumstances beyond the control of the Institution, fortuitous events such as but not limited to prolonged power outages, breakdown in computers and communication facilities, typhoons, floods, public disturbances and calamities and other similar or related cases.
2. Loss or damage you may suffer arising out of any improper, fraudulent access or utilization of KAYA Electronic Services due to theft or unauthorized use/disclosure of ATM Card, ATM Card Number and ATM PIN or violation of other security measures with or without your participation.
3. Inaccurate, incomplete or delayed information you received due to disruption or failure of any communication facilities used for KAYA Electronic Services and such other circumstances or reasons which effectively prevent the Institution from implementing the transaction.

The Institution shall not be liable for any indirect, incidental or consequential loss, loss of profit or damage you may suffer or have suffered by reason of your use or failure or inability to use KAYA Electronic Services.

You shall be liable for some or all loss from unauthorized transactions if you have breached these Terms and Conditions or contributed to or caused that loss. You agree to hold the Institution, its stockholders, directors, officers, employees 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 KAYA Electronic Services, including any and all errors inadvertently committed, any computer-related errors resulting to the Bank’s failure to effect any instruction via KAYA’s Electronic Services.

FEES AND CHARGES

We may from time to time upon giving you Notice, introduce or change fees and charges for your use of KAYA Electronic Services.

You authorize us to debit the account enrolled by you for the amount of our fees and charges payable on transactions made through the KAYA Electronic Services. If at any time there are insufficient funds in your account to cover fees and charges, we may either refuse to carry out your transaction without incurring any liability as a result of such refusal or overdraw your account by debiting fees and charges or debit any other account you hold with us.

TERMINATION OF SERVICE

You may request that we terminate your access permanently by visiting your maintaining or nearest Cooperative Branch. You will remain responsible for any transactions made on your account until the time of cancellation. The Institution shall not be liable for any and all remaining scheduled transactions that you previously set up.

We may terminate your access at any time and for any reason, upon giving you thirty (30) days prior notice of such termination.

We may terminate your access without prior notice if:

• You have breached these Terms and Conditions;
• We learn of your death, bankruptcy or lack of legal capacity or that you have committed an act of bankruptcy or that a bankruptcy petition has been presented against you;
• There are insufficient funds to cover payments or payment instructions given; or
• We consider that we have other reasonable grounds to do so (in which case all reasonable effort will be made to advise you of the circumstances of termination or suspension)
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CONSENT TO RECEIVE ANNOUNCEMENT

You hereby agree to receive messages/announcements from KAYA Electronic Services regarding service downtime advisories, featured services and marketing promotions via e-mail, call, or SMS.

OTHER CONDITIONS

We reserve the right to revise these Terms and Conditions at any time and will give you thirty (30) days prior notice of such changes.

If by your act or omission, fault or negligence, the Institution becomes involved in any litigation which may have relation with KAYA’s Electronic Services, the Terms and Conditions of its use, or with any rights, powers and remedies hereunder, then you agree to pay all fees and expenses incurred by the Institution in such a litigation, including but not limited to a reasonable amount for the attorney’s fees which amount is hereby agreed to be at the rate of at least 10% of the sum sought, which shall not in any way fall below P10,000.00 as well as the costs of suit. Venue of all legal actions or proceeding arising out of or in connection with KAYA’s Electronic Services shall be brought in the proper courts of Quezon City, Philippines or any other place where the Institution may subsequently transfer its principal place of business.

This Agreement shall be governed by and construed in accordance with the laws of the Philippines. It shall be understood that access to and use of  KAYA’s Electronic Services shall be subject to applicable requirements and procedures of government telecommunications or other regulatory authorities and those prescribed by law.