GoTyme Bank Account Terms and Conditions

You agree to be bound by the following terms and conditions governing any account(s) (hereinafter referred to as “Account”), which you have opened or may hereafter open at any digital channel of GOTYME BANK CORPORATION (the “Bank”). The words “you” and “your” used herein shall refer to the person(s) who opened the Account. The words “we”, “us”, and “our” shall refer to the Bank.  

You acknowledge and understand that (i) the GoTyme Digital platform is accessible via self-service kiosks, mobile or other channels that we may implement in the future; and (ii) our mobile application is an application-based service that is available on reputable third-party repositories (such as Apple Store and Google Play. You will verify the integrity and authenticity of the application prior to its download.

You acknowledge that this Terms and Conditions executed through electronic or digital means are legally sufficient, binding, and enforceable. By using, and continuing to use, any of our digital platforms and availing of our products and services, you understand and agree to be bound by these Terms and Conditions and by other terms and/or rules that may apply to your Account(s) and other products and services availed of, which shall be incorporated herein by reference. You understand that you can view and print the Terms and Conditions and/or access it again in the future through our electronic banking platform or by contacting our Customer Service Hotline.

Access and Use

1. You agree and understand that we shall initially assign and provide you with a pre-generated sixteen (16) digit Visa Debit Card Number and a three (3) digit card verification value (CVV2). You agree to assign a Card Personal Identification Number (Card PIN) via digital banking platform for the ATM Channel, which You agree not to share and/or divulge to any person. You shall hold the Bank free and harmless from any liability arising from any losses should any person become aware of your PIN.
2. You agree and understand that the VISA Debit Card shall only be valid until its expiration month. Usage beyond the expiration month shall automatically be rejected. You agree and understand that any transaction effected by using your VISA Debit Card through the following channels shall be conclusively presumed to be done or authorized by you:
   • i. ATM Withdrawals by entering your Card PlN;
   • ii. Purchase transaction via point of sale (POS) terminal by signing of sales voucher; or
   • iii. Purchase transaction via internet or mail order by entering at a minimum the card number and CVV2; and
   • iv. Purchase transaction via internet or mail order where an OTP was used to confirm the transaction.
3. You can access our electronic banking platform twenty-four (24) hours a day, seven (7) days a week. You understand and accept that, at certain times, some or all services may not be available due to system maintenance, telecommunication, interconnection or electrical network failure, or other causes which may be beyond our reasonable control.
4. By using our electronic banking platform, you acknowledge and agree that you will be liable for any misuse of your Account or your failure to observe these Terms and Conditions. You understand and agree that we may at any time deny your access to the electronic banking platform if you cease to have an eligible Account, misuse your Accounts(s), or if we suspect that your Account may have been compromised or used for fraudulent or illegal activities.

Deposits, Withdrawals, Payments & Other Transactions

5. In opening an account with us, you understand that we are a digital bank which does not maintain physical branches, and agree that your deposits, payments, transfers, withdrawals and other products and services will be transacted using our mobile banking application, self-service kiosk, other digital channels, as well as through bank and payment partners such as, but not limited to, ATM Network, Visa, and/or cash agents which we may authorize to provide specific services (“Bank Partners”). You agree to check and verify the authority of these Bank Partners prior to transacting with them and hold us free and harmless from any loss or liability which may arise or relate to your transactions with unauthorized Bank Partners.
6. In receiving items for deposit, we shall be deemed to act merely as your collecting agent, and we shall have no responsibility beyond the exercise of due care in selecting correspondents. Until such time as we are actually paid, we shall have the right to charge back your account for any amount previously credited, whether or not the deposited item is returned. We shall not be liable for items lost in transit, including but not limited to checks drawn on us which are not paid because of insufficiency of funds, forgery, unauthorized overdrafts, stoppage of payment or any other reason. You shall assume full responsibility for the correctness, genuineness, and validity of all items deposited as well as of all endorsements thereon. We shall not be liable for any loss which you may sustain from “subject-to-count” deposits.
7. In making a deposit, you agree to assume full responsibility for the accuracy and correctness of the information provided and you further agree to hold us free and harmless from any liability for losses due to an incorrect number or any other information provided although the name of the depositor is correctly written.
8. You understand that we provide different types of deposit accounts for your banking needs:
   
   • i. Deposit Account: A non-interest bearing savings account that allows you to shop and access your money anytime through GoTyme Bank’s digital channels, linked virtual and physical debit card, and Bank Partners.
   • ii. GoalSave Account: An interest bearing savings account accessible through GoTyme’s mobile application.
9. You understand that interest on your GoalSave Account will be calculated based on your daily ending balance of your GoalSave account. Interest will be calculated and accrued on a daily basis and will be credited on either the first day of each month according to the Bank-determined interest rate as are/will be reflected on the pricing advisories and as the same may be amended, revised, updated and/or supplemented from time to time, or upon withdrawal of uncredited accrued interest from your GoalSave account. You understand that if you close your GoalSave account prior to the interest crediting date, you will automatically receive the uncredited accrued interest calculated for the month.
10. By opening your account through any of our digital channels, you hereby agree and commit to regularly monitor your account using such electronic banking application which contains the updated and most accurate information regarding the details of your account. If there would be discrepancies noted on any information or balances as shown between any bank statement and the electronic banking application, you hereby obligate yourself to immediately report to us such discrepancies.
    
    You recognize that such electronic banking application shows the current and accurate information of your account with us especially of your Accounts’ running balances and corresponding debit or credit transactions made thereto. Hence, any difference that may be noted between our records as reflected in your account’s electronic banking application and the statement of account or any other paper-based documents in your possession, you agree that our electronic records as found in our deposit system will conclusively prevail absent clear and manifest error.
    
11. Over the counter withdrawals through authorized Bank Partners shall be made by presenting a valid cash out/withdrawal voucher, notwithstanding any document such as transaction slips that may be required by such Bank Partners. You will pay any applicable stamp, transmission or other charges related to withdrawals from the Account upon demand.
12. You agree and understand that transactions effected by using your Visa Debit Card and Card PIN, CVV or other acceptable means of authentication through any electronic banking channel may be presumed to be done or authorized by you, in the absence of any such proof claiming otherwise and you shall be solely responsible and liable for all these transactions you make using our electronic banking platform or the platforms of our Bank Partners, and for paying any and all applicable fees and charges.. You shall be solely liable for the consequences of the transactions done or authorized by you.
13. You agree and understand that we shall have no obligation to verify the authenticity of any of your transaction/s other than by means of verification of your Visa Debit Card and Card PIN, CVV, or other acceptable means of authentication. The authentication of your Visa Debit Card and Card PIN or CVV shall be sufficient authority for us to carry out your transactions through electronic banking channels.
14. You agree and understand that the reconciling media or records of your transaction/s on any electronic banking channel or device shall be the printed transaction receipt, if any, and the displayed output on any electronic device produced by inserting, entering or inputting of your Debit Card and PIN or other authenticating factor/s.
15. Payments and Transfers
    1. You understand that we shall not be responsible for any charges imposed on you or any other action taken against you by a payee arising from the non-processing of your instruction due to any of the following reasons/conditions: 
       
       • Incorrect Account Information, including but not limited to incorrect Account Number, Account Name, and the Payment Amount; 
       • Insufficient funds;
       • Closed Account, Hold Account or Dormant Accounts;
       •  A court order or competent authority prohibits the Account from being involved in a financial transaction; or 
       • Circumstances beyond our reasonable control (including but not limited to fire, flood, severe weather, earthquakes, technical errors, failure of electronic or mechanical equipment or communication lines or other interconnection problems, improper transmission or handling of payments by a third party and/or Bank Partners, or similar events) to prevent the completion of the transaction, despite reasonable precautions you have taken. 
    2. For immediate transfer or payment, you understand and agree that the amount of the payment instruction including the applicable charges and fees are deducted from your Account where the payment came from. The Account must have sufficient funds to cover the amount of the payment instruction plus charges and fees as applicable. 
    3. Applicable charges and fees shall be disclosed prior to your confirmation of the payment instruction. 
    4. You understand and agree that we are under no obligation or liability to proceed with the processing of a payment instruction unless and until your Account has sufficient funds. Only cleared and withdrawable balances shall be considered.
16. Intrabank Fund Transfer. You understand and acknowledge that you may transfer funds of the same currency between eligible Accounts that are accessible through the electronic banking application.
17. Intrabank Third Party Fund Transfer. You understand and acknowledge that you may transfer funds from your Account to any Account of the same currency. 
18. Real-Time Low-Value Interbank Transfers. You understand and acknowledge that you may transfer funds from your Account to any participating bank’s account. This transaction shall be subject to applicable bank charges and service fees, as determined by us and our Bank Partners, which shall automatically be debited from your Account. The fee will not be refunded if the payment is rejected or otherwise not received by the recipient.
19. Inward and Outward Foreign Remittance. You understand and acknowledge that you may send or receive funds to or from foreign accounts. You understand and agree that such transactions may involve the conversion of Philippine Pesos (PHP) to or from another currency at the applicable exchange rate at the time of processing. The applicable exchange rate and charges, if any, shall be shown to you prior to confirmation of the transaction. This transaction shall be subject to applicable bank charges, service fees, and the rules of our Bank Partners, which shall automatically be debited from or applied to your Account. You confirm that the transaction is for a legitimate purpose and that all information provided is accurate and complete. You understand and agree that we may request additional information or documents and may delay, reject, suspend, or reverse the transaction as necessary to comply with applicable laws, rules, regulations, or internal policies.
20. Bills Payment. You may pay our bills due to various accredited institutions by debiting the amount from your Account.
21. Delayed Payments. You understand and acknowledge that we will endeavor to process all payment instructions initiated through our electronic banking application promptly but there may be delays that are caused by factors beyond our control. You understand and agree that if you are reasonably aware that there are technical problems affecting an instruction, our liability is limited to correcting any errors and refunding any fees that may have been charged to you as a result of any delay for the particular transaction. 
22. You agree that we accept no responsibility for the refusal of any Merchant Establishment to honor the Visa Debit Card. We shall not incur any liability for such refusal, nor do we accept any responsibility for any proceeding, judicial or administrative.
23. You agree to fully comply and abide by the provisions of Republic Act No. 8484 or the Access Devices Regulation Act of 1998 governing the use of access devices in commercial transactions.
24. Daily Limits. You understand and agree that there is a Daily Payment Limit or the maximum amount you may transfer from your Account per day which may be found on the Limits page of our electronic banking application and/or our website. You will not be allowed to make any payment or transfer if you exceed the Daily Payment Limit. You understand that our Bank Partners may also impose other limits on transactions. You also understand that it is your responsibility to constantly check and monitor our electronic banking application and website for adjustments and changes to the Daily Payment Limit, which may be made by us from time to time, before making any payments and/or transfers.
25. l/ You understand and agree that we make no representations about the quality of the goods and services offered by third parties providing benefits, such as discounts, to you. We will not be responsible if the goods or service are in any way deficient or otherwise unsatisfactory. Should there be any complaint relating to any Merchant Establishment, the matter should be resolved with the Merchant Establishment and failure to do so will not relieve you from any obligations with us.
26. We shall not be responsible or liable for any diminution due to taxes or imposts or depreciation in the value of funds credited to the account (which funds may be deposited by us in our name and subject to our control with such depository/ies as we may select) or for the unavailability of such funds due to restrictions on convertibility, moratoriums, requisitions, involuntary transfer, distraints of any character, exercise of military usurped power, acts of war or civil strife or other cases beyond our control.

Other Account Services

27. You understand and acknowledge that the following non-transactional services are available through our electronic banking platform:
    
    1. Account Balance Inquiry. You may view your Account information (such as transactions and balances) and view up to six (6) months of transactions for eligible Accounts.
    2. Report Lost Card. You can suspend the use of your Visa Debit Card as of the date and time of your request, provided that you have entered the required information.
    3. Change Password. You may change your password, PIN and other acceptable means of authentication by going to our electronic banking application at any time. You will be asked to enter your old password, PIN or other authentication information for security. The new password must comply with the password and other relevant policies we have set. Your password, PIN and other relevant authentication information will automatically expire after ninety (90) days. If you choose to waive the change, you may continue to use your current password.
    4. Updating your Contact Details.
       • Email address – You agree to keep your email address current. You understand that you may update your email address through our electronic banking application. You further understand and acknowledge that if you do not provide us with a correct and current email address, we may not be able to provide you access to our electronic banking application, and you may not receive important information regarding your Account(s). 
       • Mobile phone number – You agree to keep your mobile phone number current. You understand that you may update your mobile phone number through our electronic banking application. You understand and agree that we may use your registered mobile phone number to send you the One Time PIN (OTP) and any information relevant to the electronic banking application.

Statements of Accounts and Notices

28. You have full responsibility for monitoring all information and transactions available to you through our electronic banking application.
29. You understand and agree that Statements of Account will be sent to you through electronically. You also understand that should you request, you may be furnished printed copy/copies of your Statement of Account upon payment of the applicable fees.
30. You shall carefully check all entries in the Statement of Account sent to you and reconcile the same with other bank documents and with the current information indicated in your Accounts in our electronic banking application. You shall notify us immediately, which in no case shall not be later than ten (10) days from receipt of the Statement of Account, if you become aware of any inaccurate information in our records or instruction history. If we do not receive any communication regarding the statement within the said period, said Statement of Account shall be conclusively considered complete and correct. You understand and agree that we will not be liable for any loss whatsoever if you fail to notify us of any such inaccurate information, or if you do notify us, the circumstances were such that we could not reasonably avoid or have avoided such loss from occurring.
31. You shall promptly notify us of any change of email address or other changes to the information you provided we. Correspondence sent to your registered email address shall be deemed to have been received by you. It is your responsibility to ensure that your registered email address is able to receive your correspondences by: 1. Making sure that your inbox has enough space to avoid emails from bouncing; 2. Fixing your settings to ensure that our email is not automatically sent to your junk or spam folder; and 3. Implementing other such means, methods, and best practices which are necessary.

General Terms and Conditions

32. We may, at any time at our discretion, upon prior notice to you, set off matured or unmatured obligations, that may be owing to us by any one of you, any and all moneys which may be in our hands or otherwise belonging to you. You shall remain liable for any deficiency. Your monetary obligations hereunder shall earn interest at market rates from the time that they are due until the same are fully paid. Provided, that for unmatured obligations, notice to you for set off must be accompanied by a declaration of default in any of the products, whether or not it is related to the unmatured obligations, that you availed from us. 
33. We may, at any time and at our sole discretion, discharge our entire liability with respect to the Account by mailing you, at your email address appearing in our records, together with such other documents or instructions, if any, which in our sole discretion may be necessary to transfer such funds to you.
34. Your Account is subject to and shall be governed by all pertinent laws, the rules and regulations of the Bank, the Bankers Association of the Philippines (BAP), the Anti-Money Laundering Council (AMLC), Philippine Clearing House Corporation (PCHC), Bancnet, Visa, Philippine Payments Management Inc. (PPMI), and the Bangko Sentral ng Pilipinas (BSP). In the event that your Account is closed by us, we are authorized to volunteer, provide and disclose information on or affecting your Account to members of the BAP, the AMLC, the BSP, credit bureaus, or any central monitoring body created to monitor and keep record of undesirable bank account/account holders and other purposes provided under relevant laws and regulations.
35. In the event that the BSP, or any other governmental body/agency, or any competent court, should declare that any deposit, service, or other product of the Bank is in violation of any existing law, regulation, policy, or circular, you agree and understand that the Bank should perform actions and exert its best efforts in order to comply with the BSP and/or any other government body agency, or any competent court’s instructions and/or orders to mitigate the effects of such violation, even if such actions may affect the deposit, services or other products that you have and/or receive from the bank. 
36. You recognize our right to unilaterally close your Account, without prior notice to you, in the event that it should be improperly handled, e.g. (i) drawing, issuing, or endorsing checks to said Account without funds to support the checks, or against insufficient funds; (ii) kiting; (iii) frequent issuance of checks with signatures that differ from the specimen signatures on file; (iv) previous involvement in, an attempt to commit fraud, money laundering, terrorist financing, or other unlawful activities as indicated by reports received, whether or not such reports are confirmed; (v) discovery by the Bank of any misrepresentation or inaccurate/false/fraudulent data provided by you to the Bank; (vi) failure to provide additional information and documents, or update your information upon request by the Bank; or (vii) other similar or analogous transactions which we may deem unsatisfactory. Your Account may also be unilaterally closed by the Bank without cause by giving one (1) month notice in writing prior to the intended date of closure.
37. Notice of closure of your Account shall be sent by email to your registered e-mail address. Balance remaining in your Account, if any, shall be released following instructions provided in the notice of closure. In cases where your identity, information, or other personal circumstances is/are in question, you hereby authorize us to keep the proceeds of such closed account until you can, to our satisfaction, properly identify yourself or validate your personal circumstances.
38. In case the Account is mishandled by you, we shall have the right to impose or deduct therefrom an amount to cover penalties, fines, and charges in accordance with our rules and regulations. We may also impose and deduct in other instances such other fees in accordance with such rules and regulations.
39. In cases of remittances, including payments, fund transfers, and foreign remittances, you hereby authorize us to reverse the transaction and credit/remit back to the Bank or account of origin said remittance/s, even though the same may have already been duly credited to your account, should we deem the acceptance by us of said remittance to be, in our sole discretion, a possible violation of any Anti-Money Laundering Law, Anti-Terrorism Financing Act, Cybercrime Prevention Act, Access Devices Regulation Act, regulation, or policy or any other regulation, law or policy, or the remittance or credit was a clear and manifest error (whether now existing or in the future), and you agree to render us free and harmless from any damage, suits, fees, cost, or charges, arising out of, whether directly or indirectly, the rewiring of such remittance/s.
40. In instances where temporary overdrawings or drawings against uncollected funds are allowed under express agreement or prior arrangement, or as a result of an error, interest on the overdrawn amount shall be collected at the prevailing market rate and you shall be liable for the total amount withdrawn plus the interest due thereon.
41. You shall maintain the minimum balance that we shall require for the Account, which minimum balance we may increase or decrease from time to time without the need of your prior consent. If the balance falls below said minimum balance, you shall pay a service charge as may be imposed by the Bank. For more information on the minimum balance, please visit our website at https://www.gotyme.com.ph/help/. For more information on the applicable service charges, please visit our website at https://www.gotyme.com.ph/help/. 
42. You shall immediately notify us in case of loss or compromised security of your Visa Debit Card, digital banking credentials or other evidence of the Account and shall be liable and indemnify us for any damage caused by such loss. This notwithstanding and on account of the account information available under our electronic banking application which allows you to access and monitor your account electronically, you agree that our record appearing in our system shall be conclusive upon you absent clear and manifest error.
43. The provisions of Article 1250 of the Civil Code of the Philippines shall not be applicable.
44. You understand and agree that your Account/s shall be subject to applicable laws, rules and regulations issued or administered by the Philippine Deposit Insurance Corporation (PDIC), including the insured value of your Account/s. Maximum deposit insurance for each depositor is One Million Pesos (Php1,000,000.00).
45. Unless otherwise advised, we shall automatically roll over/renew your account at every maturity.
46. Each of you hereby authorizes and empowers any of the others to endorse for deposit in the Accounts any and all checks, drafts, notes, or other instruments for the payment of money, payable or purporting to belong to any one or more of you. Should any such instrument(s) be received by the Bank without being so endorsed, the Bank is hereby authorized to endorse it (them) on your behalf and credit the same into your Account. You assume full responsibility for the correctness, genuineness, and validity of all endorsement appearing on the checks or other items deposited to your Account.
47. In compliance with law, you attest under pain of perjury that all withdrawals that any or all of you will make from this account will be understood to have been made with an explicit affirmation that all the account holders are still living on the date of such withdrawals and that any attestation, if any, that any or all of you will make as to the existence of all accountholders, may be fully relied on by us at our discretion, but without obligation to do so, for which we shall be kept free and harmless for such reliance by all of you.
48. Our liability for any and all damages arising from oversight, operating errors, non-return of items, payment on stop payment items and similar acts of inadvertence shall be limited to the actual damages proved but in no case to exceed Ten Thousand Pesos (PHP 10,000.00) or to be reasonably determined.
49. In case we are compelled to take judicial or extrajudicial action to enforce collection of any amount or debt arising out of the Account, you shall indemnify us for attorney’s fees in the amount of at least 10% of the total amount due, including accrued interests. Venue of such actions or any action hereunder shall be Quezon City, Philippines or any other place, at our sole option.
50. We shall have the right to amend or supplement these terms and conditions from time to time without notice to you which shall be effective on the date specified by us. Any such change may be effected by posting notice thereof through either of the following: GoTyme Website, Email, SMS, other digital banking channels, or other means as we may deem necessary and at our option. Your continued usage and/or availment of the Accounts, products, services, and facilities after the effective date of such change shall be deemed to constitute your acceptance of the changes and/or revisions without reservation.

Fees and Charges

51. There is no fee for accessing GoTyme’s electronic banking platform. You understand and agree that fees and charges may apply for the processing of some transactions, and that we have the right to, and may at our sole discretion, charge and revise from time to time the applicable fees in relation to your use of our electronic banking platform or the platforms of our Bank Partners. The schedule of fees and charges shall be made available on our electronic banking application and/or the website. It is your duty to check our electronic banking application and/or the website for the updated schedule of fees and charges.  You understand and acknowledge that we will endeavor to give reasonable notice to you of the any changes to the charges, rates, fees and/or other relevant information by posting the foregoing on our website or electronic banking application at least sixty (60) calendar days before they become effective, provided that the variation is within our control. The obligation to give us advance notice does not apply if variations are required in an emergency or where it is not practical to give such advance notice.  For more information on the applicable transaction/processing fees, please visit your website at https://www.gotyme.com.ph/help/.
52. Maintenance Fee. A monthly maintenance fee will be charged for accounts falling below the required minimum Average Daily Balance (ADB), as applicable.
    Service Charge for Early Closure. At the Bank’s discretion, a service fee may be charged to accounts closed within ninety (90) calendar days from its opening. For more information on the monthly maintenance fee/closure fees, please visit your website at https://www.gotyme.com.ph/help/.
53. You agree and understand that we shall impose a service charge for cash withdrawals and balance inquiry using the network of your Bank Partners. You acknowledge and agree that you are responsible for all transfers and payments you make using our electronic banking platform or the platforms of our Bank Partners, and for paying any and all applicable fees and charges.
54. You agree and understand that we may collect or impose an administrative fee for cross-currency transactions made via the network of your Bank Partners.
55. You agree and understand that we, by default, shall debit the transaction amount in the currency that the Account is maintained. In case the transaction was made using a different currency, our prevailing exchange rate shall be used.
56. The corresponding fee will be displayed prior to processing a transaction. You may proceed or cancel the transaction at this point. The nominated Account will be charged the corresponding fees at the time of processing the transaction. 
57. You authorize us to debit your Account for all fees for the provision and/or use (authorized or unauthorized) of our electronic banking platform.
58. You understand that we will not charge you a fee for sending an OTP to your mobile phone. You understand however that your mobile phone service provider may impose fees and charges, including fees and charges for sending and receiving SMS messages. The payment of any such fees and charges is your responsibility as mobile phone account holder.

Activation, Maintenance and Security

59. You agree and understand the corresponding risks entailed in opening an Account with a digital bank like GoTyme Bank and carrying out financial and non-financial transactions through an electronic banking channel. You agree to visit our website to know more information pertaining to the security of transacting through electronic channels and/or platforms.
    
60. You agree to activate and sign your VISA Debit Card through our self-service kiosks. Once activated, your Visa Debit Card shall remain in full force and effect until we receive a written notice from you of its termination, for reasons we may determine; 
    
61. You understand and agree to use care when choosing your User ID and password or PIN. You shall avoid easily guessed words and numbers that can easily be associated with you, such as your date of birth, mobile number, driver's license number, or part of your name. You understand and agree (i) that your User ID, password, PIN and other means of authentication are exclusively for your use; (ii) to take reasonable precautions to safeguard your User ID and password; (iii) to never leave your device unattended while using our electronic banking platforms and always exit the application by logging out after each use. 
     
    You understand and agree that if you enter your password, PIN or other means of authentication incorrectly for three (3) consecutive times, access to the electronic banking platform may be temporarily disabled. You understand further that you may change or reset our password at any time within the GoTyme app. 
    
62. In using our mobile banking application, you have the option to activate the biometric sign-in (if our mobile device allows control access) using any biometric that we store in the mobile device. If you wish to use the fingerprint sign-in, you should ensure that only your fingerprint is stored on the mobile device. You understand and agree that each time the mobile device registers a biometric sign-in to authorize any transactions through the electronic banking platform, you instruct us to perform those transactions. 
    
63. You understand and agree that your User ID together with your password, PIN, biometric and/or other means of verification which we may implement, will be used to authenticate you when you use our electronic banking platforms. You authorize us to allow any transaction or act on any instruction received on your Account for which the correct user ID together with your password, PIN, biometric and/or other means of authentication have been provided. 
    
64. You acknowledge and agree that, if you permit another person or persons to use our electronic banking platform and/or give them your User ID and password, PIN, biometric and/or other means of authentication, you are responsible for any transfer or payment that person has made from your Account. You further understand and agree that such sharing is a violation of these Terms and Conditions and you remain responsible for any loss, damage or liability which may arise as a result of such sharing.
    
65. You understand and agree that it is your responsibility to ensure that any electronic device you are using to access our electronic banking platforms is protected and secured, ensuring that is not used by anyone other than you and it does not have any viruses or any form of program capable of recording sensitive information. You also understand and agree you may be responsible for loss, damage or liability we may suffer as a result of, or relating to, any improper, fraudulent access or utilization of our electronic banking platform due to theft or unauthorized disclosure or username, passwords, Card PIN or other means of authentication, or violation of other security measures with or without your participation.
    
66. If you suspect that your Account has been breached or its security compromised, your mobile device has been lost, stolen or misused, your cash-out voucher has been lost or stolen, or an unauthorized transaction has occurred, you must immediately: 
    
    • call our Customer Service Hotline; and
    • change your password, PIN or other means of authentication.
    Any instruction/s and/or request/s we have received and has/have been identified by the use of your User ID and password, Card PIN, CVV or other means of authentication, prior to informing we of such breach, loss or unauthorized use or disclosure shall be deemed to have been issued by you notwithstanding that such instruction/s and/or request/s may have been issued by a third party, whether authorized or otherwise, and that you shall be bound by and be responsible for any such instruction and request to the extent permitted by law. 
    
67. You understand and agree that we may tell you to use a new password, PIN or other means of authentication to access your Account for security reasons or if we have suspended, disabled, restricted or blocked your access to our electronic banking platforms. 
    
68. You understand and agree that we may deny you access to our electronic banking platform without giving any reason or any prior notice should we reasonably believe your access should be temporarily disabled or terminated. This includes where we believe that there is a risk of fraud or security breach, when required under laws and regulations, or where you have not accessed the application for a period of six (6) months or more.
    
69. You understand and agree that for transactions that require enhanced authentication to be processed, we will send a One-Time PIN (OTP) by SMS to your registered mobile number, and you will need to promptly enter the OTP in the electronic banking application. You further agree to register a mobile number that is active and is used only by you. You understand that if you update your mobile number, we will send an SMS to the new number.
    
70. You understand and acknowledge that if we need to carry out maintenance or improvement work to any of our electronic banking platforms or if we are required to do so by circumstances beyond our reasonable control, we may withdraw or suspend the particular service/s so that it ceases to be available to any of our customers. If we do this, we endeavor to give you prior notice by either putting a notice via website, digital banking platform, SMS, or means we deem necessary, at your discretion. You also understand that we may be unable to give you prior notice if the maintenance or repair work is urgent and important or due to circumstances beyond our reasonable control.
    

Additional Provisions on Handling of All Deposit Accounts

71. You agree not to give or hand over your cash/checks for deposit or cash-in to your Account to any Bank officer, employee, personnel, or any third party in any place, except only to authorized cash agents, and not to leave cash/check deposits with authorized cash agents without demanding your copy of duly validated deposit slip, or relevant evidence of deposit. Neither shall you ask, allow, or require any cash delivery from any Bank officer, employee, or personnel.
72. You agree not to appoint/make any Bank officer, employee, personnel, vendors, contractors or authorized cash agents as your agent or representative to make deposits to, withdrawals from, or operate any of, your Accounts with the Bank or to safekeep any withdrawn cash or deposit related documents on your behalf. Neither shall you give oral instructions to any Bank officer, employee, personnel, vendors, contractors or authorized cash agents to implement transactions on your Account unless covered by appropriate written, filled out, and duly signed documents by you and submitted to the Bank or Bank Partners at the time of the transaction. For avoidance of doubt, you agree to absolutely not instruct any Bank officer, employee, personnel, vendors, contractors or authorized cash agents to make any transaction on your Accounts that is subject to subsequent documentation or regularization.
73. Consistent with existing BSP regulations, you agree not to ask, require, or allow any Bank officer, employee, personnel, vendors, contractors or authorized cash agents to prepare or fill-out for you the deposit or withdrawal slips or other required forms.
74. You agree to hold the Bank, its stockholders, directors, officers, employees or agents, free and harmless from any loss, damage, or injury arising from, related to, or in connection, with any of your violation of any of the foregoing stipulations in Nos. 71, 72 and 73 hereof and you undertake to defend the Bank, its stockholders, directors, officers, employees, or agents from any suit, action, or proceeding at your cost arising from, related to, or in connection therewith.

Miscellaneous Provisions

75. You understand and agree that Gotyme Bank, its stockholders, directors, officers, employees and representatives will not be held liable for any loss, damage or liability resulting from circumstances over which we have no control, including but not limited to, failure of electronic or mechanical equipment or communication lines or other interconnection problems, bad weather conditions, earthquakes, floods or other such similar events beyond our reasonable control.
76. Dispute over Account Funds. The Bank may refuse to pay out any money from an Account until any dispute over the deposits or funds (including, without limitation, any dispute over the persons who are authorized to represent or act for the Depositor/Customer) have been resolved by a court, or by agreement of the parties that is documented to the Bank’s satisfaction. The Bank may, at its own discretion, also exercise such other remedies available under the law, file for an action for interpleader with respect to any money where the Bank has been notified of disputed claims to that money, or the Bank has a reasonable ground to believe that a dispute over the deposits or funds exist. If any person asserts that a dispute exists, the Bank is not required to determine whether the dispute has merit in order to refuse to pay funds or interplead the funds. The Depositor/Customer agrees to reimburse the Bank for any expenses, including legal and attorney’s fees that the Bank incurs because of any dispute.
77. You understand and agree that where particular transactions, products and services are subject to specific terms and conditions that You entered into with us, insofar as not inconsistent herewith, or that are applicable from time to time, such terms and conditions shall take precedence. 
78. These Terms and Conditions, together with any addenda, schedule, written agreements and other applicable and existing GoTyme Bank rules and regulations shall represent your common understanding. If any of the provision under these Terms and Conditions shall hereinafter be declared unenforceable, all other remaining provisions shall remain in full force and effect.
    

Confidentiality and Privacy

79. You further agree to waive your right to secrecy of the bank deposits under Section 2 of Republic Act No. 1405 or “An Act Prohibiting Disclosure of or Inquiry into Deposits with any Banking Institution and Providing Penalty Therefore”, and Republic Act No. 8791 or the General Banking Law of 2000 for purposes of providing banking products and services, and as may be required under relevant laws and regulations.
80. You acknowledge and accept that, the Bank: (a) may collect, use and process your personal data/information in relation to services and facilities of your Account; (b) there is disclosure of your personal, sensitive personal, and financial information (hereafter, the “Disclosed Information”) to our Affiliates or Bank Partners or such other third party or their sub-processors exclusively for the purpose of providing and facilitating our services under your Account, Visa Debit Card, and other products which you may avail now or in the future in accordance with these terms and conditions and our Privacy Consent and Notice. Such disclosure and use of information may be necessary or inevitable for the purposes of giving effect to any electronic instruction from you and/or facilitate or enable the use of your Account or avail of other products and services, to fulfill any legitimate interests of the Bank, to comply with existing laws and regulations, and to protect the Bank’s lawful rights and interests in legal proceedings and/or in the establishment, exercise or defense of the Bank’s legal claims. Failure to allow such disclosure, access to or use of your information may result in our inability to offer or continue to offer services and facilities related to your Account.
81. You authorize us, our directors, shareholders, officers, employees, contractors and authorized agents to disclose any and all of your relevant information with us to the Bangko Sentral ng Pilipinas (BSP), Securities and Exchange Commission (“SEC”), Credit Information Corporation (CIC), Credit Management Association of the Philippines (CMAP), Negative File Information System (NFIS), other credit bureaus, the courts, the Philippine National Police (“PNP”), the National Bureau of Investigation (“NBI”) and/or government/regulatory bodies whose reporting is mandated by law, rules and regulations and when we are required by such regulatory bodies and/or by law to make such disclosures. For avoidance of doubt, You are expressly authorizing we, knowingly fully well your rights of confidentiality under the law, to disclose your bank/deposit account information and/or your information with Philsys, including your Philsys Identification card (if You chose to submit this to us), for the purpose of our compliance with an order, warrants, request, subpoena and/or requirement of any government/regulatory body and/or by law to make such disclosures. 
82. You understand, agree and authorize the Bank to obtain personal, sensitive personal and financial information from the Philippine Statistics Authority (Philsys), other government agencies, credit bureaus and other third parties to verify your identity and information submitted to the Bank, evaluate your credit standing, and other legitimate purposes under the Data Privacy Act.
83. You understand and agree to provide us with any information or documentation that we may reasonably request relating to your use of our electronic banking platform or availment of our products and services and shall cooperate with us in any related investigation or litigation. In addition, you understand that any information and/or documentation that you provide to us will be stored “as-is”. You are expressly authorizing we to completely store any and all information and/or documentation that You provide to us until such time that such information and/or documents have served their purpose. 
84. In the event that you provide personal, sensitive personal and financial information, relating to third parties, you hereby: (a) confirm that you have obtained his/her consent or are otherwise entitled to provide this information to us and for us to use it in accordance with the specified transaction/s with the Bank; (b) agree to ensure that the personal, sensitive personal and financial information of the said third parties is accurate; and (c) agree to update we in writing in the event or any material change to the said personal, sensitive personal and financial information.
85. Our authority to collect, use or disclose the Disclosed Information as set out in Clauses 80 and 81 above shall survive the termination of the services covered under this Terms and Conditions insofar as such continued collection, use or disclosure of the Disclosed Information remains necessary to fulfill any and all legal obligations the Bank or you may have relative to the prior provision of services to you, to fulfill any legitimate interests of the Bank, to comply with existing laws and regulations, to protect the Bank’s lawful rights and interests in legal proceedings and/or in the establishment, exercise or defense of the Bank’s legal claims. Your rights and abilities in Clauses 80 and 81 above shall be in addition to and without prejudice to your other rights of disclosure pursuant to these Terms and Conditions, Privacy Consent and Notice, and Data Privacy Act.
86. You agree that you have full and sole responsibility over the truthfulness and accuracy of the personal data that you will provide us in relation to herein services. Neither we nor any of our personnel shall be liable for any loss or damage suffered by you or any user as a result of any disclosure of any information which you have consented we to collect, use or disclose for the purposes provided in this clause or where such collection, use or disclosure is allowed under the applicable laws in the Philippines.
    

Complaints Handling

87. You understand that GoTyme is regulated by the Bangko Sentral ng Pilipinas with contact number (+632) 8708-7087 and with email address consumeraffairs@bsp.gov.ph,and webchat at www.bsp.gov.ph. Should you have any complaints or concerns regarding your Account/s or other banking products and services such as discrepancies in transaction records, unauthorized transactions, loss or theft of your Visa Debit Card, you will contact us thru our Customer Service Hotline #468888, in-app chat, social media (including but not limited to Facebook, Instagram, X, TikTok) & email at help@gotyme.com.ph, twenty four (24) hours a day, seven (7) days a week including select holidays.
88. You understand that in order for us to help and resolve the complaint as quickly as possible, you need to provide sufficient information depending on the nature of concern or complaint.
89. You understand that we shall notify you on the resolution of your complaint within nine (9) calendar days for simple complaints and up to forty-seven (47) calendar days for complex complaints, both counted from our receipt of your complaint; Provided, that we may notify you if the complex complaint cannot be resolved within the timeframe and You agree that the timeline can be extended for an additional period which shall not exceed forty-five (45) calendar days.
90. You authorize us to record, store, replay and communicate to any third party, pursuant to any lawful purpose, all telephone conversations between us or our duly authorized representatives and you.
91. You likewise understand and agree that such taped or recorded conversations/instructions shall be conclusive evidence of your communication with us and may be used by us as evidence in failure to effect any payment transaction that you may undertake via any electronic channel using your Visa Debit Card and Card PIN or CVV. In the event of the same, you also agree to indemnify the Bank, its stockholders, directors, officers, employees and representatives for any damage, loss or liability arising therefrom.
    

Technical Data

91. You acknowledge and accept that, the Bank may use, collect and process technical data and related information that identifies your device, including but not limited to your unique device ID, operating system, application software, and peripheral hardware.

Go Rewards Membership Program

Go Rewards Account Opening

93. By opening a GoTyme virtual debit account, you agree and understand that you are required to be a member of Go Rewards. To be clear, each GoTyme account, which can be held by only (1) person, can be linked to only one (1) Go Rewards Account. Go Rewards is a loyalty program owned and administered by Data Analytics Ventures, Inc. (DAVI), a subsidiary of JG Summit Holdings Inc., where members may enjoy many rewards and benefits, including the ability to earn and redeem Go Rewards points, access exclusive partner promotions or offers, and avail other privileges or opportunities in accordance with the rules and provisions set out in the Go Rewards Terms and Conditions.

     

94. You understand that we do not own, manage, or have control over DAVI’s Go Rewards loyalty program. 

     

95. If you are an existing Go Rewards member, you understand and agree that upon opening of a GoTyme virtual debit account, your existing Go Rewards account will be automatically linked to your GoTyme virtual debit account by matching the mobile number and date of birth you registered with Go Rewards. In the event that you do not have an existing Go Rewards account, you understand and agree that you will be assigned a pre-generated Go Rewards Number to open your Go Rewards account.

     

96. You understand and agree that upon creation of your Go Rewards account, you will be bound by the Go Rewards Terms and Conditions (available at  https://www.gorewards.com.ph/terms-and-conditions) and Privacy Policy (available at  https://www.gorewards.com.ph/privacy-and-cookie-policy), including all amendments as may be made by Go Rewards in its sole discretion from time to time.
    

Go Rewards Points Earning

97. You understand that to earn Go Rewards Points from us, you must meet all the eligibility requirements and comply with the mechanics as determined by us and DAVI which are contained in these Terms and Conditions. 

     

98. You understand that the earning of Go Rewards Points is subject to availability and that we may, at any time and for any reason, suspend or cancel this feature of earning of Go Rewards Points.  

     

99. You accept the following eligibility requirements and mechanics:

    99.1 Qualified Purchases

    • 99.1.1 In order for you to earn points, you must be a GoTyme Bank deposit account holder and your GoTyme Account must be linked to Go Rewards at the time of purchase. 
    • 99.1.2 Purchases using the following modes of payment with GoTyme Bank will be deemed “Qualified Purchases” that will earn Go Rewards points: 
      • 99.1.2.1 GoTyme Debit Card Payments;
      • 99.1.2.2 Payments to QR Ph Merchants using GoTyme Bank’s electronic banking platform; 
      • 99.1.2.3 Bills Payment using GoTyme Bank’s electronic banking platform (“In-App Bills Payment"); and
      • 99.1.2.4 Value-Added Service Purchases using GoTyme Bank’s electronic banking platform (“Buy load”).

    A. GoTyme Debit Card Payments

    • 99.1.3 You must personally use your own GoTyme Debit Card to be awarded Go Rewards Points. Your purchases must be for personal use. 
    • 99.1.4 You understand that you will earn Go Rewards Points at the following rates:
      • 99.1.4.1 For GoTyme Debit Card Purchases at participating stores, you will be awarded Go Rewards points based on the points earning scheme specified by GoTyme. The maximum points multiplier for participating stores may vary from time to time and will be communicated through official channels. The participating stores and their corresponding points scheme for GoTyme Debit Card Purchases are reflected on the website link: https://www.gotyme.com.ph/stories/go-rewards-points.

    B. Payments to QR Ph Merchants

    • 99.1.5 For Payments to QR Ph Merchants, you will be awarded at the rate specified on the GoTyme website: https://www.gotyme.com.ph/help/

    C. In-app Bills Payment

    • 99.1.6 For In-app Bills Payment, you will be awarded at the rate specified on the GoTyme website: https://www.gotyme.com.ph/help/

    D. Value-Added Service Purchases

    • 99.1.7 For Value-Added Service Purchase, you will be awarded at the rate specified on the GoTyme website: https://www.gotyme.com.ph/help/

    99.2 Additional Terms for Qualified Purchases

    • 99.2.1 You will receive Go Rewards points in the Go Rewards account linked to your GoTyme account used for the purchase within ten (10) working days. Should any issues arise with the crediting of Go Rewards points, you hereby agree to notify us immediately in writing within thirty (30) calendar days from the date of successful Qualified Purchase, otherwise, it will be conclusively presumed that the Go Rewards points that were or were not credited to your account was accepted by you to be accurate, complete, and correct. 
    • 99.2.2 You understand that if we confirm or suspect you of using fraudulent, invalid, or abusive devices, means, or methods, that you shall be disqualified from earning/receiving/using Go Rewards points. Further, you understand that any Go Rewards points already awarded to you may be reversed by us at our sole discretion. If your Go Rewards points balance is insufficient to cover the Go Rewards points to be reversed or clawed back at the time of withdrawal or claw back, we reserve the right to: (i) debit the balance of your Go Rewards points not withdrawn; and/or (ii) proceed with the claw back of points when your balance becomes sufficient; and/or (iii) debit the amount of PHP 1 per Go Rewards Point not withdrawn or clawed back from any of your accounts with us; after prior notice to you, at our discretion. 

    99.3 Promotional Earnings

    • 99.3.1 You understand that you may earn Go Rewards points through promotions, subject to each one’s promotions mechanics. 
    • 99.3.2 You understand that promotions mechanics will be available on our website, electronic mobile banking application and/or on any of GoTyme’s or Go Rewards’ channels. 
    • 99.3.3 It is your responsibility to read and understand the promotion mechanics of each promotion. 

     

Go Rewards Points Redemption at Go Rewards Partner Establishments

100. You understand that these terms will only apply if You redeem your Go Rewards points using your electronic mobile banking application, GoTyme VISA debit card, Go Rewards mobile application and Go Rewards membership card at Go Rewards Partner Establishments. A list of Go Rewards Partner Establishments may be found https://www.gorewards.com.ph/partners.
101. You may redeem your Go Rewards points in your electronic mobile banking application with us to make purchases at or claim rewards from Go Rewards and its partner establishments in accordance with the Go Rewards Terms and Conditions and the redemption mechanics and terms and conditions of the relevant Go Rewards partner establishment.
102. At the aforementioned Go Rewards partner establishments, subject to merchants’ available payment facilities, you may pay for your purchases by redeeming your available Go Rewards points using your electronic mobile banking application with us, GoTyme VISA debit card, GoTyme QR Ph Merchants, Go Rewards mobile application or Go Rewards membership card at the rate of 1 Go Rewards Point per Philippine Peso or at such any other rate as may be determined by the redemption mechanics and terms and conditions of the relevant Go Rewards partner establishment.
103. In the event of cancellation or refund of purchases made using Go Rewards points, you understand that You will only receive the equivalent Go Rewards points spent on the cancelled or refunded purchase and that the Go Rewards points will not be returned to you in cash or its equivalent.

Go Rewards Points Redemption for Cash

104. You confirm that Go Rewards Points may be redeemed as cash at the prevailing rate at the time of the transaction, which is available on GoTyme website at https://www.gotyme.com.ph/help/. Provided, that we may suspend or cancel this feature or change the rate at any time and at our discretion. 
105. We reserve the right to deny your request or limit the quantum of points redemption for cash under the circumstances, including but not limited to, suspected fraudulent activity or GoTyme account is suspended or closed.
106. Upon our acceptance of your request, we may credit the proceeds of the redemption to your GoTyme account.
107. You understand that we may reverse the crediting of the proceeds of the redemption to your GoTyme account at our sole discretion. If our account balance is insufficient to cover the Go Rewards points that need to be reversed at the time of reversal, we reserve the right to either debit your account when it becomes sufficient or to debit the equivalent amount of Go Rewards Points redeemed from our balance, with prior notice to you,  at our discretion.

Other Go Rewards Terms

108. You understand that we may, at any time and for any reason, suspend or cancel this feature of Go Rewards Points and that we may terminate the Go Rewards Points feature or delist any reward item / merchant.
     
109. You also give us and DAVI permission to share your personal data and other Go Rewards Account information for enrollment in Go Rewards and enjoyment of all services, benefits, and offers under the Go Rewards Program.
110. You also give us and DAVI permission to share your personal data for marketing and credit scoring purposes.
     
     You understand and agree that only GoTyme account holders in current and active status are eligible for earning of Go Rewards points.
     
111. You understand and agree that for any Go Rewards concern, you will contact the Go Rewards Customer Care at customercare@gorewards.com.ph.
112. You understand and agree that in the event that you have decided to terminate your GoTyme Account, your Go Rewards number will still be active and you will still be able to redeem any benefits or services offered by or associated with Go Rewards unless you will request the Go Rewards Customer Care to delete your Go Rewards account.

Annex 1

Specific Terms and Conditions for Local and Foreign Currency Time Deposits
("Multicurrency Time Deposit Terms")

Background of the Product

Multicurrency Time Deposit is a financial product that allows customers to deposit funds in different currencies for a fixed period, earning interest on those deposits. The current currency option is limited to US Dollars (USD), with plans to broaden the choices to include major currencies in the future, including Philippine Pesos (PHP)

General Terms

1. You agree to be bound by the following terms and conditions governing Multicurrency Time Deposit, which you have opened or may hereafter open at any digital channel of GOTYME BANK CORPORATION (the “Bank”).
2. You agree that the GoTyme Bank Account Terms and Conditions (“Main T&Cs”) shall have suppletory application to the Multicurrency Time Deposit Terms.
3. You understand that you must read and accept the Main T&Cs and these Multicurrency Time Deposit Terms as a condition to use and/or avail of the Product and, in considering whether or not to use/avail of the Product. You will not and/or discontinue your use of the product if you do not agree with any portion of the Main T&Cs and or Multicurrency Time Deposit Terms. The Main T&Cs and/or these Multicurrency Time Deposit Terms may be updated/changed by us from time to time, with prior notice to you. Your continued use of the Product after the effective date of such change shall be deemed to constitute your acceptance of all the updates/changes in the Main T&Cs and/or Multicurrency Time Deposit Terms, without reservation.

Product Scope, Details, Mechanics, and Limitations

4. Time Deposit Placement
   • 4.1. Local Currency Time Deposits may be funded by means of debiting from your GoTyme Bank deposit account/s in the local currency. You understand that physical notes, cheques, transfers of money from other accounts, and other similar modes, no matter the currency, are not acceptable for placement of deposits into your local currency time deposit account. 
   • 4.2. For Foreign Currency Time Deposits, you understand that deposits to Foreign Currency Time Deposit Account can only be placed by means of debiting from your GoTyme Bank deposit account/s and, where applicable, subsequently allowing the bank to convert the debited amount to the currency of the Foreign Currency Time Deposit Account under the relevant portion of these terms and conditions. You understand that physical notes, cheques, transfers of money from other accounts, and other similar modes, no matter the currency, are not acceptable for placement of deposits into your Foreign Currency Time Deposit Account. 
     
   • 4.3. Upon deposit placement, you understand that you have the option to choose what happens to the deposit upon maturity – either for it to be automatically withdrawn to your designated GoTyme Bank deposit account or to renew automatically with the same duration or tenor of your initial placement, and will earn interest based on the prevailing interest rate at the point of renewal. For automatic withdrawal of Foreign Currency Time Deposits, the prevailing foreign exchange rate shall apply at the date of maturity. If you have chosen to renew deposit automatically and the tenor of your initial placement has been removed from the available list of time deposit options, you understand that the tenor that will be applied upon automatic renewal is the shortest tenor available.
   • 4.4. You understand that we have sole discretion in setting the limits of the Local and Foreign Currency Time Deposit Accounts which includes, but not limited to, the number of accounts that can be opened, the minimum amount required for placement, and the maximum allowable placement. 
   • 4.5. Local and Foreign Currency Time Deposit Accounts shall also be governed by the general terms and conditions on deposits to the extent that they do not conflict with the specific terms under this section. To be clear, you agree that in the event of conflict between these specific terms and the general terms and conditions on deposits, these specific terms and conditions under this section shall prevail. 
   •  
5. Interest Rate for Time Deposits
   • 5.1. You understand that if you meet the required maintaining balance, your time deposits will earn a fixed interest rate until maturity based on the published interest rates indicated in our mobile banking application. The interest earned shall be subject to prevailing withholding tax rate. Net interest earned upon maturity shall be credited to the account and shall form part of the principal upon deposit roll over.
     
6. Premature Withdrawal
   • 6.1. You understand that premature withdrawal of your Local and Foreign Currency Time Deposit must be made in full and partial premature withdrawal is not allowed. If you withdraw prematurely, you understand that you will not receive the interest accrued.
   • 6.2. At any time prior to deposit maturity, you understand that you can update what happens to the deposit upon maturity – either for it to be automatically withdrawn to your designated GoTyme Bank deposit account or to renew automatically with the same duration or tenor of your initial placement, and will earn interest based on the prevailing interest rate at the point of renewal.

Product Clarifications

7. You must not use and/or avail of Products which you do not fully understand. You acknowledge that the Bank has provided you adequate time and/or opportunities to review, ask questions and receive information to fully understand the Product, together with the Main T&Cs and these Multicurrency Time Deposit Terms, via our Customer Service Hotline #468888, in-app chat, social media (including but not limited to Facebook, Instagram, X, TikTok) & email at help@gotyme.com.ph,  which are available twenty four (24) hours a day, seven (7) days a week including select holidays.

Use of FX Services and Conversion and Purchase of FX

8. To facilitate the deposit placement to Foreign Currency Time Deposit Accounts, you understand that we are providing you foreign exchange (FX) service at the rates indicated in our mobile banking application without prejudice to our right to change the rates in the future. You understand that once you have confirmed the amount of Foreign Currency that you have ordered, the amount cannot be amended or cancelled. The number or volume of your FX transactions is subject to limitations set by us, which may be changed from time to time. You understand that we have the right to withdraw, without prior notice, the whole or any part of this service on a temporary or permanent basis
   
   • 8.1. You understand that BSP requires the submission of its prescribed Application to Purchase (ATP) whenever you purchase FX to facilitate your foreign-currency-denominated deposit placement/s. You agree that GoTyme Bank will generate such BSP-prescribed ATP when you purchase FX. You have seen the format: which is available on the BSP’s official website, https://www.bsp.gov.ph. The latest version of the form will be presented to us during onboarding.  You consent and agree to allowing GoTyme Bank to use your information based on its records such as, but not limited to, your name, email address and mobile number, to generate such BSP-prescribed ATP. You understand that it is your responsibility to verify the generated BSP-prescribed ATP and to inform GoTyme should there be any discrepancies or changes to your records. Absent such notice or information from you, GoTyme may rely on your representation that the contents of the generated BSP-prescribed ATP are updated and accurate. By agreeing to these terms and conditions, you hereby authorize GoTyme Bank generate the ATP on your behalf. 
     • a) You acknowledge that this FX service may only be used for the sole purpose of either placing a deposit for your foreign-currency-denominated deposit accounts with us, subject to submission of documentary requirements, if applicable, under applicable regulations.
     • b) You understand that the BSP-prescribed ATP also requires you to certify certain information when you purchase FX. In purchasing FX through this service, you are certifying the following:
       • i. The ATP form and supporting documents submitted via our official channel/s (whether in hardcopy or via electronic/digital means) are genuine, credible and not tampered)
       • ii. All applicable laws, rules and regulations covering the declared FX transaction/s are compiled / shall be complied with
       • iii. Pertinent documents shall be made available upon request by the BSP for verification; and 
       • iv. The information disclosed in the ATP form are, to the best of your knowledge and belief complete, true and correct, and that the declaration is made in good faith. Said information may be used by GoTyme Bank and disclosed to the BSP for their intended purpose, subject to pertinent laws, rules, and regulations
   • 8.2. By giving your consent to purchase FX (pressing the confirmation button) to facilitate your deposit placement, you understand that it means you are also affixing your electronic signature on the generated ATP. The electronic signature will be generated and affixed on the generated ATP (including any electronic process attached to or associated with it) shall be considered as indisputable originals and the functional equivalent of our signature on a written document and shall, for all purposes, have the same legal effect, validity or enforceability as a manually written signature
     
     You undertake not to repudiate, in whole or in part, the enforceability and validity of your electronic signature and the generated ATP.
     
   • 8.3. You undertake to hold us free and harmless against any damages or losses resulting from any foreign exchange losses that you may have incurred or may incur, directly or indirectly, from any FX Transaction, it being understood that any and all risks and costs arising from your deposit placement/s shall be for your sole and exclusive account. You further agree to hold us free and harmless against any damages or losses resulting the inaccuracy of the contents of your BSP-prescribed ATP.

Annex 2

Specific Terms and Conditions for Mobile Check Deposit
("Mobile Check Deposit Terms")

Background of the Product

GoTyme’s Mobile Check Deposit feature (“Mobile Check Deposit”) allows you to conveniently deposit acceptable checks which are payable to your name using our electronic banking platform by taking a photo of the check and uploading the check photo details on it (“Check Image”). In addition, you can conveniently submit post-dated checks and seamlessly monitor the status of your check deposits, subject to these terms.

General Terms

1. You agree to be bound by the following terms and conditions governing Mobile Check Deposit, which you have opened or may hereafter open at any digital channel of GOTYME BANK CORPORATION (the “Bank”).
2. You agree that the GoTyme Bank Account Terms and Conditions (“Main T&Cs”) shall have suppletory application to the Mobile Check Deposit Terms. 
3. You understand that you must read and accept the Main T&Cs and these Mobile Check Deposit Terms as a condition to use and/or avail of the Product and, in considering whether or not to use/avail of the Product. You will not and/or discontinue your use of the product if you do not agree with any portion of the Main T&Cs and or Mobile Check Deposit Terms. The Main T&Cs and/or these Mobile Check Deposit Terms may be updated/changed by us from time to time, with prior notice to you. Your continued use of the Product after the effective date of such change shall be deemed to constitute your acceptance of all the updates/changes in the Main T&Cs and/or Mobile Check Deposit Terms, without reservation.  

Product Scope, Details, Mechanics, and Limitations

4. Acceptable Checks for Mobile Check Deposit
   1. You understand that Checks for Mobile Check Deposit will only be considered “Acceptable” (“Acceptable Checks”) if they comply with all the requirements under this section. 
   2. Only Check Images taken through the electronic mobile platform will be accepted for Mobile Check Deposit.
   3. You can only deposit checks under Mobile Check Deposit which are payable to your name as the payee, which must be the same as your Deposit Account’s Name, as verified in the GoTyme application and our systems into your GoTyme account.
   4. You understand that you can only deposit checks for amounts less than PHP500,000.00 only per check.  
   5. As a condition for processing and accepting the Acceptable Check, you agree to provide at the back of the check the following information before capturing the back of the check and ensuring accuracy: 
      
      • i. GoTyme Bank (as name of the presenting bank); 
      • ii. Signature (as depositor or payee);
      • iii. Date of Clearing; and
      • iv. Valid GoTyme Deposit Account Number (as depositor or payee).  
   6. You understand that you can only deposit checks for yourself and for your own benefit. 
   7. You understand that only checks issued and drawn from local banks which are registered in the Philippines and governed by the BSP or checks drawn against a clearing participant may be deposited in mobile check deposit. Certain banks and the clearing participants may be excluded by us from time to time, at our discretion.  
   8. "You understand that there is a limit of the number of checks that you may deposit when using Our Mobile Check Deposit product which is available at https://www.gotyme.com.ph/help." 
   9. You understand that only locally issued checks drawn against the clearing participant the clearing house in the local currency (Philippine Pesos) will be accepted by us. 
   10. You agree that the checks, and/or the Check Images submitted for Mobile Check Deposit, with the following “Disqualifications” (the enumeration below hereafter referred to as “Disqualifications”) are NOT acceptable and shall not be qualified or considered valid for Mobile Check Deposit: 
       • i. Checks with crumples
       • ii. Checks with erasures
       • iii. Checks with any form of alteration, including signature on top of erasures
       • iv. Checks with smudges or stains
       • v. Checks with tears
       • vi. Stale-dated checks
       • vii. Checks with use of colored inks other than blue or black
       • viii. Checks with deficiencies in information
       • ix. Check deposits exceeding the set amount limit per check
       • x. Check bearing second and/or multiple endorsements
       • xi. Second-endorsed checks or those that are payable to payees other than the account holder.
       • xii. Checks drawn on a financial institution located outside of the Philippines
       • xiii. Checks with images taken from photocopy, electronic, or otherwise non-original paper check
       • xiv. Checks payable to multiple entities and Checks that are payable to joint "and" accounts.
       • xv. Any form of counterfeit checks
       • xvi. Checks that do not adhere to the current the clearing house requirements
       • xvii. Checks where the amount in words and figures differ
       • xviii. Checks that are validity restricted
       • xix. Checks that are previously negotiated or cancelled
       • xx. Checks which have previously been deposited and/or attempted to be deposited at other banks.
       • xxi. Checks which have been previously dishonored, rejected or returned, including, for avoidance of doubt, Checks which have been previously dishonored, rejected or returned by us.
       • xxii. Checks which have been stamped or show an indication of "no sufficient funds or credit", "account closed", "stop payment", or other similar issues.
       • xxiii. The Checks must not have been issued by known criminals, terrorists, terrorist organizations, terrorist financers, etc.
       • xxiv. The Checks were issued, and the proceeds of the check will be used for a lawful purpose.
       • xxv. The Checks payable to cash or bearer.
5. Check Processing
   1. You understand that You can only deposit to your GoTyme Deposit Account and that the proceeds of the check deposited under Mobile Check Deposit shall only be paid to the GoTyme Deposit Account with your Account Name. 
   2. You understand that the Mobile Check Deposit does neither covers nor provides you with the service of being able to issue checks from your GoTyme Deposit Account. 
   3. You understand that check can only be accepted within 179 days from the indicated date of the check and that a stale-dated check will not be accepted in Mobile Check Deposit.
   4. You understand that post-dated checks will only be processed starting on the indicated date of the check. Should We agree with you to process the checks on a date after the indicated date of the check, such date must be within 179 days from the indicated date of the check and should not be considered a stale-dated check at the time of processing.  
   5. You understand that you are responsible for ensuring that the checks from the payors are legitimate and are funded by the indicated check date. You understood that failure to do so will result in the rejection or return of the check and failure of the Mobile Check Deposit. You understand that our use of Mobile Check Deposit does not make you obligated to support/assist we in collecting from our payor or drawer of the check which was rejected or returned by you. You understand that your failed checks will be electronically stamped with the return reason for rejected or returned checks.  
   6. You understand that you can initiate the Mobile Check Deposit using the electronic banking platform. You understand that checks received via the electronic banking platform during banking days up to the clearing cut-off of 3:00 p.m. will be processed within the day. You understand that checks received via electronic banking platform after the 3:00 p.m. clearing cut-off, during weekends, or holidays will be processed on the next banking day. You/WE understand that We do not make any representation as to when the funds will reflect in your account with us but acknowledge that it will take at least 1 business day from processing, depending on clearing cut-off, for the funds to reflect into your account. You understand that there are instances wherein checks may need to be processed longer and such delays may be beyond our control. We will not be liable for any consequences, including late payments, loss of opportunity/profits, etc. for delayed processing/funds due to the Mobile Check Deposit which you will use at your own risk.  
   7. You understand that it is your responsibility to check the status of your checks in the electronic banking platform. 
6. Cancels and Edits
   1. You understand that you may cancel your check deposit submission only for post-dated checks at least one business day and in no case less than twenty-four (24) hours before the indicated processing date.
   2. You understand that any changes on the post-dated checks other than change of date initiated on the app will require you to submit a new check and cancel your previously submitted check deposit. You understand that the processing of your newly deposited check will go through normal processing time.

Key Features, Benefits, and General Facts of the Product

7. Product Risks:
   1. You understand that the timing of funds released by the drawee bank and check payor may delay the crediting to your GoTyme account. 
   2. You understand that We will not be able to process any checks with missing, incorrect, or mismatched information found on the checks.   
   3. You understand that the Mobile Check Deposits may not be available all the time and there may be instances when We may suspend it or temporarily make it unavailable due to maintenance, technical issues, and/or other factors beyond our control, among others.
      
8. Consumer's responsibilities
   1. You agree to use our electronic banking platform for Mobile Check Deposit and capture legible images of the front and back of the check for deposit, in accordance with these terms.   
   2. You agree to deposit only Acceptable Checks which, at the minimum, must be in the current format design, Philippine Peso-denominated, and payable to the order of your Account Name. 
   3. You agree to input the correct details of the check deposit in your submission in the GoTyme app. You understand that failure to do so will result in the rejection of your check deposit submission.  
   4. You agree to cooperate with us for any investigation and dispute resolution that may occur. You agree to provide any supporting documentation, including but not limited to providing the physical check when necessary.   
   5. You agree to keep the physical check with you for at least 360 days in case for any validation needed. You understand that failure to present the physical check to us may forfeit your option to dispute any queries or concerns.  
   6. You warrant and represent that the check images that you submit using Mobile Check Deposit do not the exhibit foregoing “Disqualifications” under Acceptable Checks for Mobile Check Deposit and that they have not been altered, edited, or falsified in any way.  
   7. You understand that your checks deposited must be found compliant with our standards, rules, format, and requirements else the check deposits may be rejected or returned after our evaluation. 
   8. You understand that your checks deposited in your account must not be tagged as cash-basis-only or with other restrictions.  
   9. You agree follow the standard the clearing house rules on handling checks.  
   10. You will be responsible to us for any forged, fraudulent or falsified check that you submit to us via the electronic banking platform for Mobile Check Deposit and shall indemnify, defend, and hold harmless the bank for any losses, damages, and consequences that it or any of its directors, shareholders, officers, employees or personnel may suffer or be held liable or accountable for as a result of your submission of a forged, fraudulent or falsified check/s, even if you are not the forger, fraudster or falsifier of the said check/s.
       
9. Bank's rights
   1. You agree that We reserve the right to examine, verify, hold, or reject any of your check deposits. 
   2. You understand that your account may be examined, verified, and blocked upon if deemed necessary by us to prevent any form of actual or suspicious fraudulent activity. You understand that transactions deemed fraudulent by us or the clearing house may lead to the amount deposited to be clawed back from any of your accounts with us and/or any moneys we are holding for you, subject only to a notice from you. You understand that We are not responsible to process, assist or support you in any dispute afterward.  
   3. You understand that delays caused by the Drawee bank and the clearing house are out of Our control and may delay the processing time affecting Our service levels. You agree not to hold us accountable for any delays caused by any external factor.  
   4. You understand that We, at our sole discretion, may reject any check submitted to Mobile Check Deposit that does not comply with any of our bank’s, the BSP’s, or the clearing house’s requirements.  
   5. You understand that GoTyme reserves the right to impose a limit on the number of checks that you can deposit per day. We may check the limit on the number of checks here: https://www.gotyme.com.ph/help.  
   6. We reserve the right to take action against you in the event that it suspects that You committed an unlawful act.  
   7. You expressly authorize us to share any and all of your information, documentation, and submissions via the electronic banking platform (including the Check Images) or to us, including, for avoidance of doubt, your personal, sensitive and deposit information to the police/NBI, lawful government courts/agencies/authorities, and the clearing house for investigation and/or their appropriate action.  
   8. You expressly authorize us to deduct from any and all of your accounts or moneys that we are holding any amounts, fees, penalties, charges, etc. paid out by us to satisfy a complaint or any lawful order from a court or government authority if such are directly resulted from a forged, fraudulent or falsified check that you submitted to us via the electronic banking platform for Mobile Check Deposit, even if you are not the forger, fraudster or falsifier of the said check/s.
10. Bank's responsibilities:
    1. You understand that we will be processing the Acceptable Check once You submit the same for Mobile Check Deposit via the electronic banking platform. However, you understand our processing does not guarantee that You will be able to successfully deposit your check and that such processing is subject to the term herein.
11. Fees, Charges, Interest, Penalties
    1. You agree to pay the respective fees associated in using Our Mobile Check Deposit product which are available at https://www.gotyme.com.ph/help/.
    2. You agree to pay the additional fees that are incurred when you resubmit your cancelled checks which are available at https://www.gotyme.com.ph/help/.
    3. You understand that the foregoing fees, charges, interest and penalties may be changed by us; provided, that we will be given prior notice, unless the changes are directed by government regulators or law, in which case, the changes will take effect immediately.
12. Actions and Remedies of the Bank in the event of breach/default
    1. You will be considered in breach/default when:  
       
       • i. You fail to follow the Consumer’s responsibilities and/or any obligation set out in the Main T&Cs and or Mobile Check Deposit Terms.  
    2. In the event of breach/default, the Bank may take the following actions/remedies:
       
       • i. Take legal and/or administrative action against you. 
       • ii. Enforce penalties as stated under these Mobile Check Deposit Terms.
13. Product Clarifications
    1. You must not use and/or avail of Products which you do not fully understand. You acknowledge that the Bank has provided you adequate time and/or opportunities to review, ask questions and receive information to fully understand the Product, together with the Main T&Cs and these Mobile Cheque Deposit Terms, via the Customer Service Hotline #468888, in-app chat, social media (including but not limited to Facebook, Instagram, X, TikTok) & email at help@gotyme.com.ph, which are available twenty four (24) hours a day, seven (7) days a week including select holidays. 

Annex 3

Specific Terms and Conditions for Merchant Cash Advance ("MCA")
("MCA Terms")

Background of the Product

1. Merchant Cash Advance ("Product") is a loan product that the Bank offers to you based on credit underwriting utilizing anonymized transactional data and/or Merchant Verified Information provided by the Partner. The loan offer is presented to you through the MCA offer screens, which is made accessible to you via the relevant Partner communication channels. Upon Your selection of the loan terms and acceptance of the terms and conditions, you enter into an Agreement with GoTyme Bank and agree to settle the total amount repayable through the different collection methods presented to you.

General Terms

1. You agree to be bound by the following terms and conditions governing MCA, which you have opened or may hereafter open at any digital channel of GOTYME BANK CORPORATION (the "Bank") or its Partner/s.
2. You agree that the GoTyme Bank Account Terms and Conditions ("Main T&Cs") shall have suppletory application to the MCA Terms.
3. You understand that you must read and accept the Main T&Cs and these MCA Terms as a condition to use and/or avail of the Product and, in considering whether or not to use/avail of the Product. You will not and/or discontinue your use of the product if you do not agree with any portion of the Main T&Cs and/or MCA Terms. The Main T&Cs and/or these MCA Terms may be updated/changed by us from time to time, with prior notice to you. Your continued use of the Product after the effective date of such change shall be deemed to constitute your acceptance of all the updates/changes in the Main T&Cs and/or MCA Terms, without reservation.
4. For these MCA Terms, unless the context clearly indicates a contrary intention, the following words and expressions bear the meanings assigned to them and cognate expressions bear corresponding meanings:
   • "Agreement", as used under the MCA Terms, means the Merchant Flexible Financing Agreement (including the Standard Terms and Conditions and includes any annexures, addenda, appendices and schedules referred to in any of the documents or applications referred therein, including, but not limited to, the Main T&Cs and this Specific Terms and Conditions for MCA);
   • "Financed Amount" means the amount as agreed in the Agreement, which GoTyme shall loan to the Merchant in accordance with the terms of the Agreement;
   • "Future Receivables" mean all amounts held by the Partner from Your customers which are due to you.
   • "Merchant" refers to the entity named/mentioned on the Agreement or the GoTyme customer/borrower, also referred to as "You", "you", or "Your".
   • "Outstanding Balance" means at any particular date, the amount of the Financed Amount and Fees which remains unpaid;
   • "Partner" means the entity named/mentioned on the Agreement.

Product Scope, Details, Mechanics, and Limitations

5. The Flexible Financing Product is being provided to the Merchant on the basis of available documents and information received by GoTyme from the Merchant because of its acceptance of the Conditional Offer and submission of the Application through the Partner. Notwithstanding, at any time during the Term of the Agreement and until the Financed Amount is fully paid in accordance with the terms of the Agreement, Merchant agrees to submit all necessary documents and requirements, upon GoTyme's request, in the event that it needs to verify and re-evaluate the Merchant against its eligibility criteria for the Flexible Financing, perform its obligations to the BSP, and update the Merchant's information on GoTyme's record, among others.
6. The purpose of the loan is to provide financing to Merchant for their working capital needs.
7. GoTyme shall disburse the Financed Amount to the Merchant's Nominated Bank Account as soon as practicable upon the execution of the Agreement.
8. The Merchant acknowledges that the Financed Amount is a loan and that You have to unconditionally repay GoTyme in accordance with the terms of the Agreement.
9. Split Net-Settling Process of a Merchant's future receivables, enabled by the Partner, serves as the standard repayment method of the product. For avoidance of doubt, other repayment methods may also be made available, now or in the future, and may be applied in accordance with the terms and conditions set forth in the Agreement.

Key Features, Benefits, and General Facts of the Product

10. The product is a pre-approved loan offer presented to the merchant. Merchant Cash Advance utilizes a Merchant's data supplied by either the Merchant or the Partner, to offer the Merchant financing.
11. The product is digital.
12. Whenever applicable, the product's Split Net-Settling Process collection method offers the Merchant added flexibility versus a traditional loan with fixed amortization. The "pay-as-we-earn" structure allows merchant to focus purely on driving sales, with loan repayment automatically occurring within their natural business cycle.

Product Risks

13. You may be reported to Credit Bureaus, Collection Agencies, the BSP, and other related agencies if you fail to meet your obligations under the Agreement.

Consumer Qualifications

14. You have the necessary and valid individual or business registrations (e.g. Primary IDs, business registration, etc.), as applicable, that you can provide to GoTyme upon request.
15. You ascertain that your business is registered to conduct operations in the Philippines.
16. You are a registered, recognized, and active merchant of GoTyme's MCA Partner.
17. You have a history of sales transactions that are coursed and identifiable by GoTyme's MCA Partner.
18. You are taking out this loan as a means to benefit your current business, and not for personal endeavors.

Consumer's Rights

19. Subject to your acceptance and execution of and compliance with the law and/or the terms of the Agreement, You are entitled to receive the Financed Amount at your nominated Bank Account as stipulated under the Agreement.
20. Upon acceptance of the Agreement, You are entitled to receive information of your loan's disbursement status and details from GoTyme.
21. You are entitled to receive information of your loan balance, repaid amount, and basic mechanics of the product when requested from GoTyme and/or the Partner throughout the duration of your loan.

Consumer's Responsibilities

22. You make the following representations and warranties set out below in relation to itself, himself, or herself (as applicable) to GoTyme:
    1. Where the Merchant is a corporation, it is duly incorporated and validly existing under the laws of the Philippines and has the power to own its own assets and carry on its business as it is being conducted; Where the Merchant is not a corporation, he or she, by his or her self, has the full legal capacity to contract, consent to, and enter into the Agreement, with no disqualifications under the law.
    2. The obligations expressed to be assumed by the Merchant in the Agreement are legal, valid, binding and enforceable obligations of the Merchant and, where applicable, his or her heirs, successors, and assigns.

24. Your entry into and performance of, and the transactions contemplated by the Agreement, do not and will not conflict with:
    1. Any law or regulation applicable to you;
    2. In relation to you, its constitutional documents;
    3. Any agreement or instrument binding upon you or Your assets; and
    4. Any contractual obligation of you with the Partner or any other person, even if they are not part of this Agreement.
25. You have received independent legal advice before and in connection with entering into the Agreement.
26. You have the power to enter into, perform and deliver, and have taken all necessary action to authorize its entry into, performance and delivery of the Agreement.
27. All information and documentation provided by you to the Partner are true and accurate.
28. Any information received by GoTyme from Your Application was true and accurate in all material respects as at the date it was provided or as at the date (if any) at which it is stated.
29. The warranties and representations made by you shall be valid for the entire duration of the Agreement and, in the event of Termination, shall survive until the Outstanding Balance is paid in full.
30. Whenever applicable, the Partner's collection from future receivables shall not be considered as payment to GoTyme until such amounts collected are actually received by GoTyme from the Partner.
31. You assume full liability towards repayment of the Outstanding Balance until the same is fully settled and paid back to GoTyme.
32. You represent to GoTyme that prior to the execution of the Agreement: (i) You fully understand the terms of the transaction that You are entering into, including the risks, penalties, interest, which it may be subjected to, in accordance with Agreement, where applicable; and (ii) You had every opportunity to clarify the Agreement with GoTyme.
33. You have received a copy of the Bank's disclosure statement prior to executing the contract.
34. You are aware that GoTyme is regulated by the Bangko Sentral ng Pilipinas with contact number (+632) 8708-7087 and with email address consumeraffairs@bsp.gov.ph, and webchat at www.bsp.gov.ph.
35. You shall promptly obtain, comply with, and do all that is necessary to maintain in full force and effect any authorization required under any law or regulation of the Philippines to enable it to perform its obligations under this Agreement and to ensure the legality, validity, enforceability, or admissibility in evidence of this Agreement.
36. You shall comply in all respects with all laws to which You may be subject.
37. You shall ensure that no substantial change is made to the general nature of its business or its relationship with the Partner from that carried on at the date of this Agreement.
38. You shall, immediately on demand, pay to GoTyme all costs and expenses, including legal fees, incurred by GoTyme in connection with the protection of or enforcement of GoTyme's rights under the Agreement.
39. You provide your express consent to have Your information shared by the Partner to GoTyme for execution and communication on the product and the enforcement of your obligations.

Bank's Rights

23. GoTyme will not in any circumstances have any liability under this Agreement which may be suffered by you, whether suffered directly or indirectly, whether immediate or consequential and whether arising in contract, tort (including negligence) or otherwise, such as, but not limited to, the following categories:
    1. special or indirect or consequential damage even if the Parties were aware of the circumstances in which such damage could arise;
    2. loss of profits (whether considered a direct or indirect loss);
    3. loss of anticipated savings;
    4. loss of business opportunity; or
    5. loss of goodwill or damage to reputation.
24. Notwithstanding the foregoing provisions, GoTyme's liability to you shall not exceed an amount equal to the Financed Amount.
25. You acknowledge that the Financed Amount is a loan from GoTyme, which has to be repaid, together with an agreed Fee, charge, and/or interest. You further acknowledge that the Collection by the Partner is only one method of repayment and should not be construed as the sole method of repayment. Accordingly, the Merchant remains bound to pay the Outstanding Balance to GoTyme even if the Partner stops and/or refused to collect for GoTyme, for any reason. The availability of the Partner and/or collections process shall also not be construed as a condition for the obligation of repayment and should not affect the agreed payment schedule under the Agreement.
26. If the Merchant is not a corporation, upon the Merchant's death, the loan shall be charged to his or her estate and his or her obligations under this Agreement shall be binding upon his or her heirs, successor, or assigns.
27. If any litigation, arbitration or other legal or formal proceedings arising out of or in connection with this Agreement, the entries made in the accounts maintained by GoTyme are prima facie evidence of the matters to which they relate.
28. Any certification or determination by GoTyme of a rate or amount under this Agreement is, in the absence of manifest error, conclusive evidence of the matters to which it relates.
29. Any interest, commission or Fee accruing under the Agreement, if any, will accrue from day to day and is calculated on the basis of the actual number of days elapsed and a year of 365 days.
30. You expressly allow the bank to share your information to 3rd parties, such as, but not limited to the BSP, Credit Bureaus, Collection Agencies for collection purposes and/or any other legal purposes permissible by law in relation to the MCA.
31. Merchant consents to GoTyme Bank reaching out for any necessary information pertinent to the operation of the product.
32. Whenever applicable, Merchant consents to have their future receivables be automatically deducted the specified holdback amount for loan repayment to GoTyme.
33. Merchant consents to the obligation of settling the total loan repayable to GoTyme through the payment channels they are provided.

Bank's Responsibilities

35. Subject to Your acceptance and execution of and your compliance with law and/or the terms of the Agreement, the Bank shall disburse the Financed Amount to your nominated Bank Account as stipulated under the Agreement.
36. The Bank shall only utilize Your personal details provided for the intended purposes outlined in the Agreement and shall comply with the Data Privacy Act.
37. The Bank shall provide disbursement details, when available, to you either directly or through the Partner.
38. In collaboration with the Partner, the Bank shall compute and deduct the applicable repayment amount as stipulated in the Agreement. Any form of wrong collection will immediately be corrected by the Bank.
39. The Bank shall provide information on loan balance, repaid amount, and basic mechanics of the product when requested.

Fees, Charges, Interest, Penalties

40. Information about the Fees, Charges, Interest and Penalties for this Product, if any, can be found on Your Agreement with us.
41. You understand that the foregoing fees, charges, interest and penalties may be changed by us; provided, that we will be given prior notice, unless the changes are directed by government regulators or law, in which case, the changes will take effect immediately.

Statements of Account/Billing Statements/Proof of Transactions

42. Upon Your request, GoTyme will supply a Statement of Account which contains a tabulation of all loan repayments collected from you through all applicable payment channels.
43. For disputes, You will reach out to GoTyme or the Partner for more information.

Actions and Remedies of the Bank in the Event of Breach/Default

44. GoTyme may declare the Merchant in default, with immediate effect, if:
    1. You breach any of the representations or warranties terms under the Agreement.
    2. Your contract or relationship with the Partner is terminated, regardless of who initiates such termination.
    3. Your contract with Partner is modified or changed, without GoTyme's consent, and such changes may materially affect either Your or Partner's obligations under this Agreement.
    4. You revoke or challenge the Partner's authority to collect, deduct or make withholdings on the Future Receivables, if applicable.
    5. The Partner fails to remit the full Financed Amount along with the Fee to GoTyme because the amount of Future Receivables from you are insufficient, if applicable.
    6. If the loan or Financed Amount is considered under the Agreement, MCA terms or any government regulation, such as the MORB, as past due or non-performing.
    7. Any other events of default as may be specifically provided in the Agreement.
45. Upon GoTyme's declaration that You are in default, GoTyme reserves the right to:
    1. demand the Merchant to settle the full Outstanding Balance immediately;
    2. endorse, assign, refer your account to a third-party collection agency;
    3. take legal and/or administrative action against you;
    4. enforce penalties as stated under the Agreement;
    5. report Your non-payment to the BSP, CIC, and other regulatory bodies.
46. If competent authority orders GoTyme to terminate the Agreement or make material changes to its business which will make it impractical for GoTyme to continue its Flexible Financing Product with you, the Outstanding Balance shall also be immediately due and demandable, without penalty.
47. Loans which are past due or non-performing will be subject to applicable laws and regulations as defined by the BSP.
48. You understand that GoTyme may, at its sole discretion, offer alternative repayment/restructuring options to you. Such options shall only be binding to GoTyme once agreed with you through a separate written agreement which must be signed by authorized representatives of both parties.

Product Clarifications

49. You must not use and/or avail of Products which you do not fully understand. You acknowledge that the Bank has provided you adequate time and/or opportunities to review, ask questions and receive information to fully understand the Product, together with the Agreement, Main T&Cs and these MCA Terms, thru our Customer Service Hotline #468888, in-app chat, social media (including but not limited to Facebook, Instagram, X, TikTok) & email at help@gotyme.com.ph, twenty four (24) hours a day, seven (7) days a week including select holidays.

Special Considerations, if any

50. Unless otherwise represented in the Agreement, GoTyme is not affiliated with the Partner. There is no joint venture, partnership, or agency relationship that exists between GoTyme and the Partner. Partners do not have any authority to act for or assume any obligation or responsibility on behalf of GoTyme. Conversely, GoTyme does not have any authority to act for or assume any obligation or responsibility on behalf of Partner. GoTyme does not have any rights to Partner's trade name, logo, trademarks, and/or its IP rights.
51. The Agreement shall remain in full force and effect until terminated by GoTyme with or without cause by giving 30 days prior notice to you.
52. Your obligations and representations to pay back the Financed Amount and/or the Outstanding Balance, together with all existing obligations to GoTyme related to such payment, including penalties and interest, if any, shall survive the termination of the Agreement until such are fully paid to and received by GoTyme.
53. No failure to exercise, nor any delay in exercising, on the part of any Party, any right or remedy under the Agreement shall operate as a waiver of any such right or remedy. No single or partial exercise of any right or remedy shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in the Agreement are cumulative and not exclusive of any rights or remedies provided by law. To be clear, any waiver must be expressed, described in full, made in writing, and signed by the party giving such waiver.
54. No variation, addition, deletion, or agreed cancellation of this Agreement, including this clause, will be of any force or effect unless in writing and signed by or on behalf of the Parties.
55. The Agreement constitutes the whole agreement between GoTyme and you relating to the matters dealt with in the Agreement and save to the extent otherwise provided herein, no undertaking, representation, term or condition relating to the subject matter of the Agreement not incorporated in the Agreement shall be binding on GoTyme and you.
56. Each provision of the Agreement is severable from the other provisions. Should any provision be found by a Court of competent jurisdiction to be invalid or unenforceable for any reason, the Parties will consult with one another in good faith in order to agree, if possible, an alternative provision in accordance with the intent and tenor of the Agreement. The remaining provisions of this Agreement shall nevertheless remain binding and continue with full force and effect.
57. Save as otherwise herein provided, neither the Agreement nor any part, share or interest therein nor any rights or obligations may be ceded, assigned, or otherwise transferred by you without GoTyme's prior written consent.
58. You further hereby irrevocably and unconditionally consent to the cession, delegation, assignment, or other transfer by GoTyme (or any person to whom its rights and/or obligations are ceded, delegated, assigned or transferred) of all or any of its rights or obligations under this Agreement.
59. You choose as its address for all purposes under the Agreement whether in respect of serving any court process or other documents, giving any notice or making any other communications of whatsoever nature, the respective set out on the Merchant Agreement. You may change the address on the Merchant Agreement to another physical address or email address, provided that the change shall only become effective on the 7th (seventh) day of receipt (or deemed receipt) of the written notice to GoTyme. Provided, that You must substantiate your written notice to GoTyme with an original government issued document recognizing for such change of address to be considered received and/or effective. Unless a written notice for change of address is duly received, deemed compliant with these terms, and made effective, You agree that any service, notice, or communications made to the address stated on the Agreement shall be deemed conclusively to be updated for the purpose of receiving demand letters, including demand letters for payment.
60. You shall not cause GoTyme to breach any of its obligations under the Data Privacy Act. GoTyme shall not be responsible for any consequences resulting from you or any Guarantor's failure to comply with the Data Privacy Act in relation to Personal Data it, he or she shares with GoTyme or the Partner.
61. No person who is not a party to this Agreement will have any right to enforce it.
62. The Agreement and any non-contractual obligations arising out of or in connection with it are governed by the laws of the Philippines. The courts of Quezon City have exclusive jurisdiction to settle any dispute arising out of or in connection with this Agreement.
63. Nothing in this Agreement limits any liability for:
    1. death or personal injury caused by negligence;
    2. fraud or fraudulent misrepresentation;
    3. liability which cannot be limited or excluded by applicable law; or
    4. claims by GoTyme under any indemnity in the Agreement.

Annex 4

Specific Terms and Conditions for Virtual Asset Services
("Crypto Terms")

These Terms and Conditions ("Terms") serves as the User's ("you" or "you") agreement with GoTyme Bank Corporation ("GoTyme") and shall apply to your access and use of GoTyme's Virtual Asset Services (the "Virtual Asset Services") provided to you via its electronic mobile banking application with the embedded features and functionalities to enable the Virtual Asset Services ("electronic banking platform").

GoTyme is duly registered with the Bangko Sentral ng Pilipinas ("BSP") as a Digital Bank and as a Virtual Asset Service Provider ("VASP"). As such, the provision of the Virtual Asset Services to you by GoTyme are subject to applicable laws and regulations in all relevant jurisdictions such as, but not limited to, Bangko Sentral ng Pilipinas' ("BSP") Manual of Regulations for Banks ("MORB"), as amended, BSP issuances, the Anti-Money Laundering Act ("AMLA"), as amended, and its Implementing Rules and Regulations ("IRR"), Anti-Money Laundering Council ("AMLC") issuances, the Terrorism Financing Prevention and Suppression Act of 2012 ("TFPSA"), the Data Privacy Act of 2012 and its implementing rules and regulations, among others (collectively, the "Law"). You are aware of the applicable laws, rules and regulations, and am responsible for determining compliance therewith, including the use of the Virtual Asset Services. You further agree to comply with all applicable laws and regulations related to your use of the Virtual Asset Services.

1. General Provisions
   • 1.1 You understand that the different types of accounts referred to in these Terms are as follows:
     • (a) GoTyme Bank deposit account/s: A non-interest-bearing savings account that allows you to shop and access your money anytime through GoTyme Bank's digital channels, linked virtual and physical debit card, and Bank Partners.
     • (b) Crypto Account: An account that allows you to use GoTyme's Virtual Asset Services.
     • (c) Crypto Trading Wallet Account: An account denominated in fiat currency (USD) which can only be accessed with both a Crypto Account and GoTyme Bank deposit account/s.
   • 1.2 You acknowledge that through the Digital Bank and VASP Licenses, GoTyme may offer the Virtual Asset Services that will enable you to buy, sell, and manage your portfolio of virtual assets using your Crypto Account in the electronic banking platform. Subject to the requirements of the Law, you acknowledge that GoTyme may partner and integrate with Third-party Provider/s to offer the Virtual Asset Services and to provide you with a virtual asset settlement account/wallet. You understand that when GoTyme partners and integrates with Third-party Provider/s, you will be subject to their applicable terms and conditions which shall be appropriately and timely disclosed to you, when applicable, and which you shall be given the opportunity to check whether such partner's / Third-party Provider's terms and conditions are acceptable to you before you avail of any of the Virtual Asset Services.
   • 1.3 By using or accessing the Virtual Asset Services, you hereby represent that you are at least 18 years old and have the legal capacity, power and authority to use the Virtual Asset Services, consent to these Terms, as well as to the partner's / Third-party Provider's terms and conditions (if applicable). You also attest that you are registering for your own account and capacity and that you are the sole and ultimate beneficiary of such account. You acknowledge and agree that you are responsible for providing GoTyme with correct and up-to-date information and shall rectify or notify GoTyme of such amended information when necessary as soon as possible. You acknowledge and agree that GoTyme reserves the right to request additional information to aid in account verification, as well as close, suspend or limit your access to the Virtual Asset Services in the event of incomplete or incorrect information provided to GoTyme.
   • 1.4 You acknowledge and agree that if you are not a Filipino citizen, you may be subject to additional requirements pursuant to GoTyme and the Third-party Provider's know-our-customer requirements and procedures, in accordance with the Law. You also acknowledge and agree that if you are a Philippine resident and a citizen of the United States of America, you may be required to make all necessary and applicable disclosures, including those related to the U.S. Foreign Account Tax Compliance Act ("FATCA").
   • 1.5 You acknowledge that by using or accessing GoTyme's App, you are aware of the significant risks involved in participating in virtual assets such as but not limited to the price changes, security incidents, hacking and cybersecurity risks, and volatility associated with virtual assets, which may entail losing the value of your entire virtual asset holdings. You acknowledge that the Virtual Asset Services offered are not risk-free and there are significant risks involved in buying, holding, and selling virtual assets. You further acknowledge that the use of the Virtual Asset Services, as well as engaging in the purchase and sale of Virtual Assets, is entirely at your own risk. You have done your own research about virtual assets to help you make informed decisions before performing any transactions with GoTyme's Virtual Asset Services through the electronic banking platform, and acknowledge that Virtual Assets are not securities and are not insured by the Securities Investor Protection Corporation ("SIPC") and Securities Investors Protection Fund ("SIPF"), are not subject to the Federal Deposit Insurance Corporation ("FDIC") and Philippine Deposit Insurance Corporation ("PDIC") insurance coverage, or any other governmental, quasi-governmental, regulatory, or industry-backed insurance or protection program of any kind. By proceeding to activate your virtual asset account ("Crypto Account") in the electronic banking platform, you confirm that that your risk profile and experience are suitable for the virtual assets involved and that you expressly waive your risk profile and suitability requirements, against GoTyme's advice (if applicable) that the Virtual Asset Services may not be suited for you, with the full understanding of the risks associated with engaging in buying, holding, and selling virtual assets. By using the electronic banking platform to avail of the Virtual Asset Services, you agree to be bound by the terms and conditions of the Third-party Providers' digital products and services and applicable Law on virtual assets.
   • 1.6 You agree to abide by the GoTyme Bank Account Terms and Conditions, which shall govern your relationship with GoTyme and your use of its website, software, and technology. You understand and agree that insofar as consistent with the provisions under these Terms and as long as applicable in relation to the provision of the Virtual Asset Services or the maintenance of the Crypto Account, GoTyme Bank Account Terms and Conditions shall be made an integral part of these Terms. Any terms or provisions not specifically provided for herein shall be covered by the GoTyme Bank Account Terms and Conditions. In the event of any inconsistency between these Terms and the GoTyme Bank Account Terms and Conditions, these Terms shall prevail.
   • 1.7 You acknowledge that in the event that any part of these Terms is/are deemed invalid, unenforceable, or unlawful, such provision is severed without affecting the validity or enforceability of the remaining provisions.
2. Acceptable Use Policy
   • 2.1 You acknowledge that you are a natural person who owns and controls the money used in your transactions involving virtual assets in relation to the Virtual Asset Services. All money used in your transactions shall be sourced from legitimate sources. You understand that you cannot transact as an agent or a broker, nor can you offer buying and/or selling of virtual assets to other persons or third parties through the Crypto Account. You understand that GoTyme may suspend or terminate your account if you violate this condition without prior notice, to the extent allowable under the Law.
   • 2.2 In connection with the opening of your Crypto Account, you will provide accurate and complete information with respect to your status, and will promptly notify GoTyme in the event information previously provided becomes inaccurate. You acknowledge and agree that your failure to provide and maintain accurate, true, complete, and updated information required by these Terms may result in your inability to access or use your Crypto Account.
   • 2.3 To maintain confidentiality and security of your Crypto Account and data therein, you agree that:
     • (a) You are solely responsible for your computer, system, or another device from which you access your Crypto Account, including but not limited to the maintenance, operation, and permitted use of such computer, system, or another device, and that it is your obligation to comply with any criteria imposed by GoTyme from time to time in respect of your computer, system or other devices from which you access your Account;
     • (b) You shall not access your Crypto Account using any computer, system, or another device that you do not own unless you have received the owner's permission; and
     • (c) You are responsible for maintaining the confidentiality of your Crypto Account credentials and for all activities that occur within your Crypto Account. You agree to notify GoTyme immediately if you suspect any unauthorized use of your Crypto Account.
   • 2.4 You acknowledge that if a third party has your express authorization to connect to your Crypto Account, this does not absolve you of your obligations under these Terms. Furthermore, you accept and agree that you will not hold GoTyme accountable for, and will hold GoTyme harmless from, any liability resulting from the third party's actions or inactions in connection with the authority we have provided.
   • 2.5 Subject to the requirements of the Law, you agree to give consent to GoTyme, to:
     • (a) collect, store, hold, transfer (within or outside the Philippines), share, administer, and process your personal data for GoTyme and the Third-party Provider's internal use and records subject to the applicable Law and GoTyme's Privacy Policy; and
     • (b) disclose and release your personal data to the relevant government authorities and agencies, when required under the applicable Law.
   • 2.6 To the extent allowed under applicable Law, you agree to use and access the Virtual Asset Services entirely at your own risk and acknowledge that GoTyme is not responsible for any and all damages, losses, or expenses which we may suffer due to unavailability, unexpected operation, or any resulting loss or damage to data caused by the Platform.
3. Available Virtual Assets
   • 3.1 You understand and agree that GoTyme has sole discretion over the selection of virtual assets to be listed in the Platform. You acknowledge that GoTyme will periodically review the approved list of virtual assets and may add or remove virtual assets depending on the satisfaction of such virtual asset/s to your eligibility requirements. You understand and agree that GoTyme reserves the right to remove or amend the available virtual assets and provide you with sufficient notice on a best-efforts basis. You understand and agree that you should not attempt to store, transfer, request, or receive virtual assets in any format that GoTyme or the Third-party Provider does not support in the Platform. You agree that GoTyme is not responsible for any of your attempt to utilize the Platform for virtual assets which GoTyme do not support.
   • 3.2 You understand and agree that in the event that a virtual asset is removed from the Platform, GoTyme may limit transactions in that virtual asset to liquidation of positions only and credit your wallet the equivalent market value of the virtual asset minus transaction costs.
   • 3.3 You understand and agree that the value of the virtual assets is not guaranteed by GoTyme. You understand that the value or price of the virtual asset may fluctuate, drop, and possibly even become zero. You admit and accept that there is a substantial risk involved with holding virtual assets. Regardless of fluctuations in the value of the virtual asset, you consent to deliver the agreed-upon payment for the order of virtual asset upon confirmation.
4. Termination
   • 4.1 You acknowledge and understand that GoTyme may terminate the Virtual Asset Services to you at any time, for any reason, including but not limited to your material non-compliance with these Terms or the GoTyme Bank Account Terms Conditions, if your relationship with Third-party Provider/s of the virtual assets is terminated, upon order of a competent governmental authority, revocation of GoTyme's VASP license, termination of GoTyme's relationship with one or more necessary Third-party Providers and/or if GoTyme chooses to terminate the Virtual Asset Services upon its sole discretion.
   • 4.2 In the event of termination under any of the circumstances as outlined in Clause 4.1, you understand that GoTyme will provide written notice to you pursuant to the requirements under applicable Law, specifying the reasons for termination of the Virtual Asset Services. Upon receipt of notice, you agree to cooperate with GoTyme to facilitate the liquidation and/or transfer of your virtual assets held in the Crypto account.
   • 4.3 You understand that GoTyme shall provide a reasonable transition period through a notice where you can liquidate your virtual assets in consideration of corresponding fiat currency, and withdraw the same from your Crypto Account. If you fail to liquidate your virtual asset positions within the specified transition period despite receiving notices, you allow and acknowledge GoTyme's right to sell the virtual assets at the prevailing market price and credit the proceeds to your GoTyme Bank deposit account/s.
   • 4.4 You acknowledge that you can opt to cancel your Crypto Account through a Request addressed to GoTyme Customer Support Team, subject to your right to liquidate or cash out all of your remaining virtual assets balance. You understand that once your Crypto Account is canceled, you can no longer log in or access your canceled Crypto Account.

Third-Party Service Provider Supporting the Services

5. Relationship
   • 5.1 You acknowledge that within the electronic banking platform, you may access third-party financial service provider/s ("Third-party Provider") of GoTyme in order to fully avail of the Virtual Asset Services.
   • 5.2 You acknowledge the inherent risks associated with utilizing the third-party products and services, understanding that they operate independently and are subject to the terms and conditions established by the respective Third-party Provider/s. Even if you access or avail of these third-party products and services from GoTyme's electronic banking platform, you hereby release GoTyme from any claims or demands arising from your interaction with these third-party offerings. You confirm that your use and availment of such third-party financial products and services is entirely at your own risk and discretion.
   • 5.3 You acknowledge and understand that GoTyme responsibility to you includes, but not limited to, the following:
     • i. Provide the platform or interface through which you can access, interact with, and avail of the various financial products and services offered by the Third-party Provider;
     • ii. Facilitate conversion of fiat in funding and withdrawal flows to your Crypto Account; and
     • iii. Display relevant market information and transmit customer instructions for clearing and settlement promptly and accurately
   • 5.4 You acknowledge and understand that the Third-Party Provider/s responsibility to you includes, but not limited to, the following:
     1. Provide back-office connection to virtual asset exchanges;
     2. Provide market data feed, execute order instructions, and settles transactions between virtual assets and fiat;
     3. Custody and safekeeping of your virtual assets
   • 5.5 To the extent allowed under applicable Law, you understand and agree that in the event that you do not have any means to access your account should the electronic banking platform becomes unavailable due to technical reasons, you will not hold GoTyme, the Third-party Provider, GoTyme's affiliates, owners, directors, employees, clearing firm, and agents liable for any loss or damage arising from this situation.
   • 5.6 You agree that GoTyme shall not be held liable for any consequences resulting from your use of any information, perceived representations, or materials found in the electronic banking platform. It is your responsibility to verify whether the Third-party products, services or information available through the electronic banking platform meet your specific requirements or whether the provided information is accurate, current or up to date.
6. Consents
   • 6.1 You understand that you are making the following consents, representations and acknowledgments to GoTyme:
     1. You have reviewed and consented to the terms on which Third-party Provider's financial products and services are provided by the Third-party Provider which were shown to you on the electronic banking platform. By engaging with GoTyme's Virtual Asset Services, you acknowledge that you have familiarized yourself with these Terms, including any associated risks, fees, liabilities, and obligations specified by the Third-party Provider. You hereby consent to the terms set forth by the Third-party Provider, understanding that your utilization of their services is subject to these Terms.
     2. You agree to be bound by the Third-party Provider's Rules, Policies, and Terms and Conditions, which GoTyme has no control or influence over. Any inconsistency or conflict between these Terms and the Third-party Provider's Rules, Policies, and Terms and Conditions shall not, in any way, affect the validity of your obligations to GoTyme under these Terms.
     3. You acknowledge that you are responsible for independently reviewing and thoroughly understanding the Third-party Provider's Rules, Policies, and Terms and Conditions before engaging in any transactions with them through the electronic banking platform. You fully understand that your transactions with the Third-party Provider are undertaken at your own risk and discretion.
     4. The Third-party Provider reserves the right to update, change, replace, amend or supplement their respective Rules, Policies, and Terms and Conditions, with appropriate notice to you, which shall be effective on the date specified by such Third-Party Provider. You understand that such updates, changes, replacements, amendments or supplements may be done without GoTyme's consent and involvement and that GoTyme has no control over the consequences of such actions by the Third-party Provider.
     5. You agree to provide GoTyme with the necessary information for purposes of identity verification, providing services, and detection of money laundering, terrorist financing, or any other financial crimes. You also authorize GoTyme to retain a record of such information if it reasonably believes it is necessary to comply with applicable laws and regulations.
     6. You grant GoTyme, its affiliates, and authorized/partner third-parties, including the Third-party Provider, your free and full consent to collect and process your personal information in order for GoTyme to monitor, track, and serve relevant products and services to you and for other commercial purposes. You acknowledge that any personal information that you supply to GoTyme constitutes as your express, active, and positive consent to allow GoTyme, its affiliates, and authorized/partner third-parties, including the Third-party Provider, to collect and process such information for the purpose of improving your services and products, analyzing market and business data, maintaining statistical and historical resources that will enable GoTyme to provide better products and services, and for other legitimate purpose that GoTyme may deem beneficial. This consent shall remain valid until the enumerated purposes have been fulfilled. You also grant GoTyme your full and free consent to engage in data sharing with any of your affiliates, authorized/partner third-parties, including the Third-party Provider for any of the above-mentioned purposes.
     7. To the extent allowed by applicable Law, GoTyme shall not be liable for any consequences resulting from the Third-party's actions or exercise of their rights.
   • 6.2 You acknowledge that GoTyme will provide customer support, pursuant to the requirements of applicable Law, and that the resolution of issues related to your account or transactions may be impacted by differences in business hours. You understand that if you need to contact the Third-party Provider directly for any reason, you can reach out to GoTyme through your official communication channels and you will assist you in communicating with the appropriate Third-party Provider (as applicable).
7. Activation and Usage
   • 7.1 You agree to avail and use the Virtual Asset Services only for lawful purposes and in accordance with these Terms. You agree not to utilize your electronic banking platform or avail of the Third-party Provider's products and services for any unlawful or illegal purposes, such as but not limited to: (a) engaging in any unlawful, fraudulent, or deceptive practices that could harm or disrupt the operation of the products or services of GoTyme or the Third-party Provider or any other network or system; (b) impersonate any person or entity; (c) access or use the products and services to facilitate financial crimes; (d) using automated means to access the Virtual Asset Services and/or electronic banking platform without permission; (e) collecting any market research for competitor business; and (f) taking any action that imposes or may impose (in GoTyme's sole discretion) an unreasonable or disproportionately large load on GoTyme's technical infrastructure.
   • 7.2 Upon activating your access to the Virtual Asset Services, you acknowledge and consent GoTyme and Third-party Provider/s to process and review your personal identifiable information, such as, but not limited to, identification and residency information, at least on an annual basis, and screen your information against the sanctions lists maintained by both local and foreign government agencies, including the foreign government, and equivalent lists as necessary to comply with relevant regulations.
   • 7.3 By activating your access to the Virtual Asset Services, you fully authorize GoTyme to provide and relay instructions to the Third-party Provider on your behalf as it relates to the services needed to pursue, maintain, and support your virtual assets, such as but not limited to: opening and maintaining your account with the Third-party Provider, submitting your orders, and undertaking any other necessary actions to facilitate, execute or complete your transactions.
   • 7.4 You understand and agree that there must be adequate funds in your GoTyme Bank deposit account/s in order to fund your Go Crypto Trading Wallet Account. When you place a Virtual Asset buy order, funds necessary to satisfy the Virtual Asset buy order will be withdrawn from your Crypto Trading Wallet Account. When placing a Virtual Asset buy order you explicitly agree, acknowledge, and instruct GoTyme to transfer necessary funds for the purchase price of such virtual assets from your Crypto Trading Wallet Account.
   • 7.5 When you place a Virtual Asset sell order through your Crypto Account, you understand, acknowledge and agree that you are explicitly instructing GoTyme and/or its Third-party Providers to transfer the settlement proceeds from such sell transaction to your Crypto Trading Wallet Account.
   • 7.6 By agreeing to these Terms you understand and acknowledge that your funds will be transferred per your instruction between your GoTyme Bank deposit account/s and your Crypto Trading Wallet Account as indicated above. In the event that you have any questions regarding any of the above referenced processes or am uncertain as to how a particular activity within your Crypto Account will affect your funds or the regulatory treatment of your funds, you agree that you will immediately contact GoTyme prior to engaging in any activity with respect to your Crypto Account.
8. Limitation on Liability and Indemnification
   • 8.1 You agree that GoTyme does not provide financial, investment, or legal advice with respect to your Crypto Account. You are solely responsible for your virtual asset trading decisions and should consult with a qualified professional before making any investment.
   • 8.2 GoTyme's software and technology and the Virtual Asset Services are provided "as is" and "as available" without any warranties, representations, or conditions of any kind, and without any endorsement by GoTyme, either express or implied. You agree that GoTyme does not guarantee the accuracy, completeness, or reliability of its software and technology, and cannot and do not guarantee the accuracy, completeness, or reliability of the Virtual Asset Services or any of its Third-party Provider's software or technology.
   • 8.3 You understand and agree to release and hold harmless GoTyme, its stockholders, directors, officers, employees and representatives from (a) any direct or indirect, incidental, or consequential damages, losses, or expenses arising out of your use of the electronic mobile banking application or availment of the financial products and services, whether made through or outside the electronic mobile banking application; (b) any loss, damage or liability resulting from circumstances over which GoTyme has no control, including but not limited to, the Third-party Provider's actions and business decisions, failure of electronic or mechanical equipment or communication lines or other interconnection problems, bad weather conditions, earthquakes, floods or other such similar events beyond GoTyme's reasonable control; and (c) any claims arising from an occasion where the information or material contained on the electronic mobile banking application is no longer accurate, complete, updated or any of the Third-party products and services mentioned in the electronic mobile banking application are not or no longer available.
   • 8.4 You agree to indemnify, defend and hold harmless GoTyme, its stockholders, directors, officers, employees and representatives, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms and violations of any law, rules and regulations, or the rights of a third-party.
9. Fees
   • 9.1 You understand and agree that GoTyme may charge fees related to the payments to and from your Crypto Account. The corresponding fees will be disclosed prior to confirmation of each order. You shall be notified in a timely and appropriate manner should there be any changes to GoTyme's fees, subject to the requirements of applicable Law.
10. Account Suspension and Transfer
    • 10.1 Suspension of accounts. You understand and agree that GoTyme reserves the right to suspend or restrict your access to the Virtual Asset Services for any reason at its sole discretion and is under no obligation to disclose the details of its decision to take such action. You acknowledge that you may or may not be notified of such suspension or restriction as it may be based on confidential, business or regulatory considerations that are crucial to GoTyme or the Third-party Provider's risk management. GoTyme will not be responsible for failing to notify you should your contact information on record be unreachable, inaccurate, or not updated. You will not hold GoTyme nor the Third-party Provider liable for any losses or damage you may incur due to your inability to access your virtual asset account as a result of your account suspension or restriction.
    • 10.2 Change in Third-party Provider. You understand that GoTyme has full and sole discretion to select the Third-party Provider/s that it will partner with to facilitate access to virtual assets. You further understand and agree that during the transfer of your virtual asset holdings to another Third-party Provider/s ("Conversion"), which may require a reasonable period, you may not have access to your virtual asset account or be able to send instructions to place buy or sell orders. You agree to refrain from holding GoTyme or the Third-party Provider accountable for any losses or damages you may incur during this period. You also understand and agree that if GoTyme deems the Conversion to be impracticable, GoTyme may arrange for the liquidation of all your virtual assets and the corresponding withdrawal of the equivalent market value of the virtual asset trading account funds within a reasonable time period ("Liquidation").
11. Application to Purchase FX
    • 11.1 To facilitate the funding of your Crypto Account to avail of the Virtual Asset Services, you understand that GoTyme is providing foreign exchange (FX) service, and you acknowledge and agree that you are explicitly instructing GoTyme to provide you with FX service, at the rates indicated in the electronic banking platform without prejudice to its right to change the rates in the future in its sole discretion. You understand that once you have confirmed the amount of Foreign Currency that you will order, the amount cannot be amended or cancelled. The number or volume of your FX transactions is subject to limitations set by GoTyme, which may be changed from time to time, subject to the requirements of applicable Law. You understand that GoTyme has the right to withdraw, without prior notice, the whole or any part of this service on a temporary or permanent basis.
    • 11.2 You understand that BSP requires the submission of its prescribed Application to Purchase (ATP) whenever you purchase FX to fund your Crypto Account. You agree that GoTyme will generate such BSP-prescribed ATP when you purchase FX. You have seen the format which is available on the BSP's official website, https://www.bsp.gov.ph. The latest version of the form will be presented to you during onboarding. You consent and agree to allowing GoTyme to use your information based on its records such as, but not limited to, your name, email address and mobile number, to generate such BSP-prescribed ATP. You understand that it is your responsibility to verify the generated BSP-prescribed ATP and to inform GoTyme should there be any discrepancies or changes to your records. Absent such notice or information from you, GoTyme may rely on your representation that the contents of the generated BSP-prescribed ATP are updated and accurate. By agreeing to these Terms, you hereby authorize GoTyme to generate the ATP on your behalf.
    • 11.3 You acknowledge that this FX service may only be used for the sole purpose of funding or withdrawing from your Crypto Account, subject to submission of documentary requirements, if applicable, under applicable regulations.
    • 11.4 You understand that the BSP-prescribed ATP also requires you to certify certain information when you purchase FX. In purchasing FX through this Service, you are certifying the following:
      • i. The ATP form and supporting documents submitted via your official channel/s (whether in hardcopy or via electronic/digital means) are genuine, credible and not tampered;
      • ii. All applicable laws, rules and regulations covering the declared FX transaction/s are complied with or shall be complied with;
      • iii. Pertinent documents shall be made available upon request by the BSP for verification; and
      • iv. The information disclosed in the ATP form are, to the best of your knowledge and belief, complete, true and correct, and that the declaration is made in good faith. Said information may be used by GoTyme and disclosed to the BSP for their intended purpose, subject to pertinent laws, rules, and regulations.
    • 11.5 By giving your consent to purchase FX (i.e. pressing the confirmation button) to facilitate the funding of your Crypto Account, you understand that this also means that you are affixing your electronic signature on the generated ATP. The electronic signature will be generated and affixed on the generated ATP (including any electronic process attached to or associated with it) shall be considered as indisputable originals and the functional equivalent of your signature on a written document and shall, for all purposes, have the same legal effect, validity or enforceability as a manually written signature.
      
      You undertake not to repudiate, in whole or in part, the enforceability and validity of your electronic signature and the generated ATP.
    • 11.6 You undertake to hold GoTyme free and harmless against any damages or losses resulting from any foreign exchange losses that you may have incurred or may incur, directly or indirectly, from any FX Transaction, it being understood that any and all risks and costs arising from funding your Virtual Assets Services accounts shall be for your sole and exclusive account. You further agree to hold GoTyme free and harmless against any damages or losses resulting the inaccuracy of the contents of your BSP-prescribed ATP.
12. Customer Service
    • 12.1 You acknowledge that GoTyme will provide customer support and that the resolution of issues related to your account or transactions may be impacted by differences in business hours. You understand that if you need to contact the Third-party Provider directly for any reason, you can reach out to GoTyme through its official communication channels and GoTyme will assist you in communicating with the appropriate Third-party Provider.
    • 12.2 You authorize GoTyme to record, store, replay and communicate to any third party, pursuant to any lawful purpose, all telephone and e-mail conversations between GoTyme and its duly authorized representatives and you.
13. Cost, Venue of Suit, Indemnity and Governing Law
    • 13.1 GoTyme reserves the right to modify these Terms at any time, and with prior notification of any changes by posting the new Terms on GoTyme's website and/or application. Your continued use of the Virtual Asset Services after such new Terms have been posted shall constitute your acceptance of the new Terms.
    • 13.2 GoTyme reserves the right to modify the scope and functionality of the Virtual Asset Services or terminate the Virtual Asset Services at any time. You are solely responsible for making sure that we understand how to use the Virtual Asset Services as changed, in the event of such changes. You understand that notices of changes to, or termination of the Virtual Asset Services, may significantly impact your access to and use of your Go Crypto Account. Neither GoTyme or any of its respective affiliates or Third-party providers will be liable to you for any losses caused by your failure to properly use the Services or any access device.
    • 13.3 You agree that these Terms, along with GoTyme Bank deposit account/s's Terms and Conditions, are the complete and exclusive scope of the agreements between GoTyme and yourself with respect to the Virtual Asset Services, and these Terms supersede any proposal or prior agreement, oral or written, and any other communications between you with respect to the Virtual Asset Services.
    • 13.4 You understand and agree that in the event of a claim or dispute, you shall observe good faith and exert your best efforts towards an amicable resolution of any claim or dispute.
    • 13.5 These Terms shall be governed by and be construed in accordance with the laws of the Philippines. Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity or termination, shall be finally resolved by arbitration in accordance with the rules of the Philippine Dispute Resolution Center in force at the time of submission to arbitration. The place of arbitration shall be in the Philippines. The language shall be English.
    • 13.6 You agree to indemnify GoTyme against all claims, demands, actions, and proceedings that may be made against GoTyme and in respect of any and all damages, liabilities, losses, costs, and expenses (including legal costs on a full indemnity basis) that may be incurred, sustained or suffered by GoTyme, directly or indirectly, due to the use or misuse of the Platform, negligence, misconduct or breach of any of these Terms by you and/or any other act, thing or matter arising out of or in connection with these Terms.
    • 13.7 Neither GoTyme nor any of its subsidiaries, affiliates, or Third-party Providers shall be deemed to have waived any rights or remedies hereunder unless such waiver is in writing and signed by one of their authorized representatives. No delay or omission on the part of GoTyme or any of its respective subsidiaries, affiliates, or Third-party Providers in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
14. Product Risks
    • 14.1 You understand that virtual assets are a digital representation of value that functions as a medium of exchange, a unit of account, or a store of value, but it does not have legal tender status. You also understand that purchasing virtual assets comes with a number of risks, including volatile market price swings or flash crashes, market manipulation, and cybersecurity risks. In addition, you acknowledge that virtual asset markets and exchanges are not regulated with the same controls or customer protections available in equity, option, futures, or foreign exchange investing, and that there is no assurance that a person or entity who accepts a virtual asset as payment today will continue to do so in the future.
    • 14.2 You understand that virtual assets trading can be extremely risky and may not generally be appropriate, particularly with funds drawn from retirement savings, student loans, mortgages, emergency funds, or funds set aside for other purposes. You acknowledge that virtual asset trading can lead to large and immediate financial losses, and that the volatility and unpredictability of the price of virtual assets relative to fiat currency may result in significant loss over a short period of time. You further acknowledge that transactions in virtual assets may be irreversible, and, accordingly, any losses due to fraudulent or accidental transactions may not be recoverable. Some virtual asset transactions will be deemed to be made when recorded on a public ledger, which is not necessarily the date or time that a transaction may have been initiated.
    • 14.3 You understand that the value of virtual assets is more volatile than traditional currencies and may be derived from the continued willingness of market participants to exchange legal tender for virtual assets, which may result in the potential for permanent and total loss of value of a particular virtual asset if the market for the virtual asset disappears, declines or collapses for an extended period of time.
    • 14.4 You understand that virtual assets may be vulnerable to attacks on the security, integrity or operation of the virtual asset blockchain or other underlying technology. You further acknowledge that the nature of virtual assets may lead to an increased risk of fraud or cyber-attack.
    • 14.5 While GoTyme will try to complete, on your behalf, purchases and sales of virtual assets that you authorize and that comply with these Terms, you understand that GoTyme does not guarantee your ability to buy or sell virtual assets.
    • 14.6 You acknowledge that you have read and understood all the risks associated with virtual assets, and that you accept and assume such risks in connection with any decision you make now or in the future to buy, hold, or sell such assets.
    • 14.7 You undertake to hold GoTyme free and harmless against any damages or losses you may have incurred or may incur, directly or indirectly, from any virtual asset transaction or use of its Virtual Asset Services, it being understood that any and all risks and costs arising from your actions shall be for your sole and exclusive account.

Annex 5

Specific Terms and Conditions for MoreTyme
("MoreTyme Terms")

Background of the Product

1. MoreTyme ("Product") is a consumer lending product that allows you to avail of lending features ("Features") that may be made available by the Bank from time to time.

General Terms

1. You agree to be bound by the following terms and conditions governing MoreTyme, which you have opened or may hereafter open at any digital channel of GOTYME BANK CORPORATION (the "Bank").
2. You understand that these MoreTyme Terms shall apply to all lending features under the Product. You further acknowledge that each Feature will have its own specific terms and conditions ("Feature Terms").
3. You agree that the GoTyme Bank Account Terms and Conditions ("Main T&Cs") shall have suppletory application to the MoreTyme Terms and Feature Terms.
4. In case of any inconsistency among these documents, the order of application shall be: (1) Feature Terms; (2) MoreTyme Terms; and (3) Main T&Cs.
5. You understand that you must read and accept the Main T&Cs, MoreTyme Terms, and the Feature Terms as a condition to use and/or avail of the Product and its Features, in considering whether or not to use/avail of the Product and its Features. You will not and/or discontinue your use of the Product and its Features if you do not agree with any portion of the Main T&Cs, MoreTyme Terms, or Features Terms. The Main T&Cs, MoreTyme Terms and the Feature Terms may be updated/changed by us from time to time, with prior notice to you. Your continued use of the Product and its Features after the effective date of such change shall be deemed to constitute your acceptance of all the updates/changes in the Main T&Cs, MoreTyme Terms and/or Feature Terms, without reservation.

Product Scope, Details, Mechanics, and Limitations

6. The Product allows you to access and avail of one or more lending features, as may be made available by us from time to time. You understand and agree that the availability, scope, and terms of such lending features may be modified, expanded, or withdrawn at our discretion.
7. You acknowledge that the Product is subject to credit limit/s and applicable fees per GoTyme account user, as determined by us. You further understand and agree that your credit limit/s, fees, and other applicable charges may be adjusted from time to time based on your financial profile, credit behavior, and payment history, among others. Details of your credit limit/s and usage are available via the MoreTyme dashboard in the GoTyme App.
8. You acknowledge that availments under the Product may be structured into installment-based repayment arrangements, which may include an initial payment and succeeding periodic installments, together with applicable fees, charges, and/or interest, payable on specified due dates. You further understand and acknowledge that non-installment or other repayment arrangements may also be made available, subject to our terms and applicable conditions. Failure to pay any amount due on time may result in late fees, penalties, and other applicable charges.
9. You understand that early repayment or restructuring options may be made available through the MoreTyme dashboard at our discretion, subject to applicable terms, conditions, and fees.
10. You acknowledge that the Product is non-transferable and may only be used by you as the registered GoTyme account holder/s.
11. You understand that the Features will only be available when such options are present in the MoreTyme dashboard via the GoTyme App.
12. You acknowledge that the use of the Product is subject to limitations imposed by applicable laws, government and regulatory agencies, payment systems, and third-party service providers. You agree to comply with such limitations and understand that these may affect your ability to access or use the Product.

Key Features, Benefits, and General Product Information

13. You acknowledge that the Product provides a credit facility, allowing you to avail of multiple credit transactions for different lending features, subject to your available credit limit. Payments made toward outstanding obligations shall restore the available credit limit by the amount paid, subject to applicable terms.
14. You acknowledge that you may access your statement of account and/or billing details through the MoreTyme dashboard via the GoTyme App, which may include information such as billing period, principal amount, interest, fees, charges, previous balance, and total amount due, as applicable.
15. You acknowledge that you will receive notifications relating to transactions, payments, and due dates via email, SMS, in-app notifications, or other communication channels as may be determined by us.

Product Risks

16. You acknowledge that each availment under the Product constitutes a binding financial obligation. Once confirmed, the terms of the transaction, including the amount, fees, and repayment schedule, shall be final and enforceable, subject to applicable laws.
17. You acknowledge that access to specific lending features may depend on third-party providers, partners, or system availability, and such access may vary from time to time.
18. You acknowledge that the Product may not be available at all times and may be suspended, limited, or made unavailable due to maintenance, technical issues, regulatory requirements, or other factors beyond our control.

Consumer Qualifications

19. You acknowledge that you need to meet our qualifications to avail of the Product, which shall include the following:
    1. Full and absolute legal right, power, and authority to perform obligations contained herein.
    2. Undergo and pass the Product's KYC process.
    3. No criminal record or pending criminal case or cases involving insolvency or bankruptcy.
    4. Voluntarily enters into this agreement.
20. You agree to manage your obligations herein and understand the importance of using the Product responsibly, ensuring timely payments and maintaining good credit standing.
21. You acknowledge that failure to provide true and correct information to us will result to the following: (i) denial of your application to use the Product; (ii) immediate suspension and/or cancellation of your access to the Product; (iii) you shall be liable to pay full payment of your total outstanding obligation, including the applicable interests and charges; (iv) that any processing fee you paid shall not be refunded and/or (v) it will be considered as an event of Default as defined under this MoreTyme Terms, at our discretion.
22. You acknowledge that you can update your information via the Customer Service Hotline #468888, via in-app chat, or email at help@gotyme.com.ph, twenty-four (24) hours a day, seven (7) days a week including select holidays.

Consumer's Rights

23. You shall have the right to access the billing statement or statement of account at any time subject to the terms of this MoreTyme Terms.
24. You shall have the right to request a billing statement or statement of account via the Customer Service Hotline #468888, via in-app chat, or email at help@gotyme.com.ph.
25. You shall have the right to privacy and protection of your personal data which were disclosed in relation to the Product. We commit to handling your information in a secure and lawful manner. You understand that you may exercise your rights as provided by R.A. 10173 or the Data Privacy Act of 2012. You acknowledge that your rights under this section are subject to the Confidentiality and Privacy provisions under the Main T&Cs.
26. You have the right to raise any complaints and/or concerns and/or issues on the Product via our Customer Service Hotline #468888, via in-app chat, or email at help@gotyme.com.ph, twenty-four (24) hours a day, seven (7) days a week including select holidays.
27. You understand that in order for us to help and resolve the complaint as quickly as possible, you need to provide sufficient information depending on the nature of concern or complaint.
28. You understand that we shall notify you on the resolution of your complaint within nine (9) calendar days for simple complaints and up to forty-seven (47) calendar days for complex complaints, both counted from our receipt of your complaint; Provided, that we may notify you if the complex complaint cannot be resolved within the timeframe and You agree that the timeline can be extended for an additional period which shall not exceed forty-five (45) calendar days.
29. You have the right to discontinue, cancel and/or terminate your use of the Product provided that all outstanding fee/s and installment/s have been settled.

Consumer's Responsibilities

30. You warrant that all representations and communications, including personal information, data and documents, you provided to us in relation to the Product or its features are true, complete and accurate.
31. You warrant that You shall declare if You are our employee or covered by any limitation or restriction as may be provided by the applicable laws and regulations. You understand that failure to provide this declaration accurately may affect your eligibility for the product.
32. You agree not to use the Product for gambling, whether legal or illegal, and any fraudulent or illegal activities. You shall not provide any false or misleading information, impersonate any individual or entity, or use or attempt to use the Product for fraudulent and/or illegal purposes.
33. You acknowledge that, in the event of an erroneous transaction related to the Product, you must promptly notify us of the error within seven (7) days from the transaction. Otherwise, the transaction shall be deemed final, and You waive any right to dispute the transaction or recover any funds related thereto.
34. In the event that an unauthorized transaction occurs where goods and/or services were availed and/or your money is sent and/or illicitly deducted through the Product arising from instances, such as stolen mobile phones or identity theft, among others, you should file a report regarding such unauthorized transaction to our official customer care channels via the Customer Service Hotline #468888, via in-app chat, or email at help@gotyme.com.ph, within seven (7) days from the date of the unauthorized transaction. You acknowledge that we have the right to decline unauthorized transactions reported beyond the seven-day period.
35. You acknowledge prior to the report of loss and its confirmation, all transactions made using the Product or any of its Features shall continue to be your responsibility and liability.
36. You acknowledge that any and all transactions resulting from your disclosure of your username, passcode, One Time Password ("OTP"), PIN and/or other information needed to access your account, whether through fault, inadvertence, and/or negligence, are considered authorized transactions and you shall assume full accountability on any availment of the Product and/or purchase of goods and/or services using the Product.
37. You acknowledge that any and all transactions occurred using the Product while your account is compromised due your disclosure of username, passcode, OTP, PIN and/or other information needed to access your account, whether through fault, inadvertence, and/or negligence, we shall have a right not to compensate you and You shall pay for the full loan amount, loan repayments, initial installment, monthly fee, monthly installments and/or all related fees and penalties, as may be applicable.

Bank's Rights

38. You expressly authorize us to debit automatically from your GoTyme Bank deposit account/s any and all amounts due in connection with your use of the Product, on their respective due dates. You must ensure that there is sufficient balance in your GoTyme Bank deposit account/s to cover such amount/s.
39. Should the balance in your GoTyme Bank deposit account/s be insufficient to cover the payment/s, You expressly authorize us to set off, deduct and/or debit, at any time and at our discretion, the outstanding amount/s from any and all moneys in our hands and/or otherwise belonging to you, including but not limited to your GoalSave Account/s, among others. In the event that your written authorization is required for such action, you undertake to promptly execute and deliver the same to us.
40. You acknowledge that we have the right to approve and/or disapprove your application to the use of the Product at our sole discretion. You acknowledge that providing false, spurious, misleading, inadequate, incorrect or incomplete information may result in (i) denial of your application to use the Product; (ii) immediate suspension and/or cancellation of your access to the Product; (iii) you shall be liable to pay full payment of your total outstanding obligation, including the applicable interests and charges; (iv) that any processing fee you paid shall not be refunded and/or (v) you will be considered in Default, at our discretion.
41. We reserve the right to take action against you in the event that we suspect that you committed fraudulent or illegal acts.
42. You acknowledge that if you and/or your account/s were involved or is reasonably believed by us to be involved in fraudulent/illegal activities, it may result in immediate suspension or cancellation of your account, access to the Product, at our discretion.
43. If we suspend your account/s due to our suspicion that You are engaging in illegal and/or fraudulent activities, You acknowledge that we retain the right to deduct any outstanding amounts from your account/s for the payment of your outstanding obligations in connection with the Product, to the fullest extent allowed by the law.
44. You acknowledge that we shall not be held liable for any and all losses or damages arising from erroneous transactions, provided there is no fault or gross negligence on our part.
45. You acknowledge and expressly agree that we shall not be liable for any direct, indirect, incidental, or consequential damages arising from the acts and/or omissions of third parties or your use of the Product and its Features. You expressly waive any claims for such damages and/or claims against us.
46. You expressly authorize us to process and share any and all of your information, documentation and/or submission to us, including personal, sensitive and deposit information to third parties, including but not limited to credit reporting bureaus, eligible merchants, third-party collection agency, collections system providers, law enforcement authorities, lawful government courts/agencies/authorities, as may be reasonably necessary and subject to applicable laws and regulations.
47. You authorize us to use your information, personal, sensitive, or other data, to disclose and verify information and fact checking with our accredited third-party service providers, agencies and internally by our own employees who processes information and transaction data in connection with this Product, its servicing and operations. The third-party service providers include, but will not be limited to The Credit Information Corporation, credit bureau's and special accessing entities TransUnion Philippines, CRIF Corporation Philippines, CIBI Informational Inc, Advintel Inc., Juanscore Corporation, Island Credit Solutions and Trusting Social AI Philippines Inc., bureau.id, Credolab, FinScore, getsmileapi (Smile), Go Rewards, GDS Link, or any other entity duly authorized by relevant laws.
48. You authorize us and/or our accredited third party service providers, agencies and internal employees to collect, process, retrieve, use, store, backup and archive your personal information including, but not limited to, name(s), maiden names, civil status, date of birth, biometric data (photographs / selfies / facial recognition, fingerprints, voice recognition, etc), mobile device data, mobile numbers, email addresses, home and work addresses, employment details, social media information and connections, telecommunication information, loyalty and rewards data, shopping behavior and sales, income / expenses and financial data, credit bureau data, loan repayment data, historical loan data, other credit holdings / commitments and exposures, and other information required to successfully help manage and assess the credit worthiness and ability and willingness to repay as our debtor. This data may be further used and updated / refreshed regularly at set intervals to closely monitor changes in the signals and triggers these provide to assist with the collection and loan management activities of the Product.
49. You further authorize and consent to the sharing, collecting, processing and disclosing your information, personal and/or sensitive, to be shared with our accredited third-party service providers, agencies and internal employees for the purpose of obtaining credit scores or credit related signals and triggers, including, but not limited to information and data obtained from your mobile device, telecommunications providers and companies (including Globe Telecom Inc, SMART Communications Inc, DITO Telecommunity Corporation, among others), shopping / loyalty and rewards program data (like Go Rewards), alternative data providers (like Darwinium, Smart, Credolab, FinScore, Trusting Social AI Philippines, bureau.id), and insurance providers.
50. You acknowledge that we shall have the right to conduct an assessment of your financial profile and payment history, among others, that may be used in determining your credit limit/s in using the Product.
51. You acknowledge that in the event that you are deemed by us to be delinquent, we shall have the right to contact you through various communication channels including but not limited to email, sms, calls, or any other means as we may deem necessary.
52. You acknowledge that we shall have the right to amend or supplement this MoreTyme Terms from time to time which shall be effective after sixty (60) days from such notification. Any such change may be effected by posting notice thereof through either of the following: GoTyme Website, email, SMS, other communication channels or other means as we may deem necessary.

Bank's Responsibilities

51. You acknowledge that we shall ensure that data and information disclosed by you shall be duly collected, processed and stored and will take appropriate security measures in accordance with applicable laws and regulations.
52. You acknowledge that we shall ensure all terms and conditions are in compliance with applicable laws and regulations.

Fees, Charges, Interest, Penalties

53. You agree to pay the fees associated in using the Product, as provided in the Disclosure Statement, which shall be available to you before confirmation of the Product and/or its Features.
54. You agree to pay the loan repayments, initial installment, the monthly installments, and/or the monthly fees, as may be applicable, on or before the specified dates. Late payment fee/s may be charged to you if you failed to pay within the due date. More information about the initial installment, monthly installments, and monthly fees are available on your website via https://www.gotyme.com.ph/help/moretyme.
55. In the event early repayment is enabled, you may be required to settle first the outstanding balance partially or in full, as may be allowed by us, after which the loan account will be closed. You understand that we may charge you fees and/or penalties for early repayments.
56. You acknowledge that we will notify you prior to and once the loan repayment, initial installment, installment amount, monthly fees and/or applicable taxes, as may be applicable, are deducted from your account.
57. You acknowledge that you must ensure that there is sufficient balance in your GoTyme Bank deposit account/s to avoid incurring any penalties.
58. You acknowledge that in the event that you failed to pay within the due date shall be an event of Default and the provisions on default under this MoreTyme Terms shall apply.
59. Information about the Fees, Charges, Interest and Penalties for this Product are available on your website via: https://www.gotyme.com.ph/help/moretyme.
60. You understand that the foregoing fees, charges, interest and penalties may be changed by us; provided, any changes shall be notified to you and shall take effect sixty (60) days after such notification, unless the changes are directed by government regulators or law, in which case, the changes will take effect immediately.

Statements of Account/Billing Statements/Proof of Transactions

63. You acknowledge that the Disclosure Statement will be available to you prior to the confirmation or at the time of each availment of any Feature.
64. You acknowledge that you may view your billing statement in the GoTyme App, through the MoreTyme dashboard, any time except when the GoTyme App is experiencing technical difficulties, scheduled maintenance or any other factors beyond our control.
65. You acknowledge that you may request a copy of your statement of account by reaching out to our customer service, which may be reached via the Customer Service Hotline #468888, via in-app chat, or email at help@gotyme.com.ph.

Cooling Off Period

66. In the event that the payment terms are equal to or beyond twelve (12) months, You may cancel your availment of the Product and/or any related contract thereto, by sending an e-mail to help@gotyme.com.ph within two (2) banking days immediately following your availment of the Product, and our right to collect or recover reasonable processing fees to the extent allowed by law.

Cancellation and Product Portability

67. You acknowledge that any request to cancel, reverse, or modify a transaction or arrangement related to your availment of the Product or its Features does not automatically result in the cancellation of your corresponding obligation under the Product, unless expressly approved by us.
68. You acknowledge that any refund, reversal, credit, or adjustment arising from any transaction related to the Product, whether processed through a third party or otherwise, shall not automatically reduce, offset, or extinguish your outstanding obligations, unless such amount is received and applied by us to your account.
69. You acknowledge that any reversal, refund, or adjustment may be subject to our validation, processing, and internal policies, and may not immediately reflect in your outstanding balance. You remain responsible for ensuring that all amounts due are paid on time, notwithstanding any pending or completed adjustments.
70. You acknowledge that any fees already charged, including but not limited to processing fees, service fees, or other applicable charges, may be non-refundable to the extent permitted by law.
71. You acknowledge that we are not obligated to initiate, process, or facilitate any cancellation, refund, reversal, or adjustment of any transaction related to the Product, except as required by applicable laws or our internal policies. We shall not be liable for any loss arising from delays, non-processing, or failure to effect such cancellation, refund, or adjustment.
72. You further acknowledge that any applicable Feature-specific terms governing cancellation, refunds, or adjustments shall apply, where relevant.

Actions and Remedies of the Bank in the Event of Breach/Default

73. You will be considered in breach/default when:
    1. You fail to follow your responsibilities and obligations set out in the Main T&Cs, MoreTyme Terms and/or Feature Terms;
    2. You failed to pay any amount due and payable on its due date;
    3. You entered into bankruptcy, insolvency, receivership, levy on execution, garnishment or attachment, or in case of any litigation or proceedings similar to the foregoing cases are initiated by or against you affecting your payment capacity or financial stability;
    4. You provided any information that we found to be spurious, fraudulent, misrepresented, inadequate, incomplete, or incorrect in any material detail; or
    5. There occurs an event which, in our reasonable opinion, affects your ability to perform your obligations in the Main T&Cs, MoreTyme Terms and Feature Terms.
74. You acknowledge that each of the foregoing events constitutes an event of default (Event of Default), irrespective of the reason for its occurrence, or whether it is voluntary or involuntary, or whether it occurs as a result of any court order, law or regulation.
75. In the event of breach/default, You acknowledge and expressly consent that we may take any or all of the following actions/remedies:
    1. Take all legal actions, criminal, civil and/or administrative, against you.
    2. Enforce penalties as stated under the Main T&Cs, MoreTyme Terms and Feature Terms.
    3. The outstanding fees shall immediately become due and demandable.
    4. The entire fees, loan repayments, and/or installments, as may be applicable, shall become due and payable immediately and we shall have the right to set off, deduct and/or debit, at any time at our discretion, all outstanding fees and installments from any and all moneys which may be in our hands or otherwise belonging to you, which includes but limited to your GoalSave Account, Go Rewards, among others. In the event that your written authorization is required for such action, you undertake to promptly execute and deliver the same to us.
    5. We may contact you through various communication channels.
    6. We may conduct skip tracing through the use of public records, social media, and other available information as we may deem necessary.
    7. Upon default, the your GoTyme account privileges may be temporarily suspended and shall be reactivated upon payment of outstanding obligations.
    8. We shall appoint or designate a representative, agent or attorney-in-fact, including third-party collection agency, to perform any and all acts which may be required or necessary to enforce our rights under the Main T&Cs and MoreTyme Terms in connection with such Default. You acknowledge that we will notify you in advance, or at least seven (7) days prior to, the endorsement to a third-party collection agency.

Product Clarifications

76. You must not use and/or avail of the product and/or its features which you do not fully understand. You acknowledge that the Bank has provided you adequate time and/or opportunities to review, ask questions and receive information to fully understand the Product, together with the Main T&Cs and these MoreTyme Terms, via the Customer Service Hotline #468888, via in-app chat, or email at help@gotyme.com.ph, twenty-four (24) hours a day, seven (7) days a week including select holidays.

Special Considerations

77. In the event of your death, you acknowledge that the remaining loan repayment/s, installment/s and/or fee/s will automatically be deducted from any of your account/s. Should the remaining balance in your account/s are insufficient, we shall have the right to collect through any other means, to the fullest extent allowed by the law.

Annex 5-A

Specific Terms and Conditions for MoreTyme Scan QR
("MoreTyme Scan QR Terms")

Background of the Feature

1. MoreTyme Scan QR (the "Feature") is a lending feature of MoreTyme that allows you to pay in installments any goods and/or services purchased from eligible merchants subject to credit limits and fees as determined by us.

2. The Feature is available only to selected users as determined by us, which may change from time to time.

General Terms

1. You understand that the MoreTyme Terms shall apply to MoreTyme Scan QR. By availing this feature, you agree to be bound by the terms and conditions governing MoreTyme and MoreTyme Scan QR.

Feature Risks, Mechanics and Limitations

2. The Feature allows you to avail and purchase goods and/or services offered by all eligible merchants.
3. You understand and agree that the list of eligible merchants is not exhaustive and may be changed from time to time by us at our discretion. You may access the list of eligible merchants via GoTyme website: https://www.gotyme.com.ph/help/moretyme or GoTyme mobile application ("GoTyme App") via MoreTyme dashboard.
4. You acknowledge that the Feature shares the same or a portion of the credit limit used for all MoreTyme transactions, as may be determined by us. The credit limit covers the total amount of all active loans or installments under MoreTyme, whether availed through MoreTyme Scan QR or through other MoreTyme-enabled transactions. Upon successful payment of the monthly installments, the paid amount is added back to your remaining credit limit, allowing you to avail of new purchases or conversions within the refreshed limit.
5. You acknowledge that the credit facility extended to you by the Feature shall be deemed final and correct once the first installment is paid. You cannot dispute the amount, terms, or any other aspect of the transaction once it is deemed paid.
6. You acknowledge that the goods and/or services available to be purchased using the Feature will be solely at the discretion of the eligible merchants.
7. You acknowledge that we do not warrant the quality, quantity, performance and/or condition of any goods and/or services availed using the Feature and we shall not be liable for any defect/s, damage/s, or any other issue/s relating to such goods and/or services. Any defect, damage and/or issues on the goods and/or services availed using the Feature shall be referred directly to the eligible merchant concerned for resolution.
8. Each availment is treated as a separate MoreTyme loan with its own repayment schedule and Disclosure Statement.

Cancellation

9. You acknowledge that any and all claims for cancellation and/or refund on the goods and/or services purchased through the Feature shall be directed to the eligible merchant who provided the goods and/or services to you. You further acknowledge that the cancellation of the sale and/or refund of the purchase price by the merchant does not result in the cancellation of your loan with the Bank, and that any such cancellation of your loan with the Bank must be processed directly with the Bank.
10. You acknowledge that for purchases made on e-commerce platforms, any approved refunds may be automatically credited to your e-wallet on such platform, and such refunded amounts shall be considered final, irrevocable, and equivalent to cash. These refunds will not affect, reduce, or cancel any outstanding loan repayments under the MoreTyme facility. Any request to cancel a MoreTyme-financed transaction in any e-commerce platforms must be submitted within twenty-five (25) calendar days from the date of purchase to allow for proper processing of repayments. Requests made beyond this period shall be subject to GoTyme's sole discretion, and the bank reserves the right to impose applicable fees or charges for late processing.
11. You acknowledge that upon approval of the eligible merchant of the cancellation and/or refund, the eligible merchant will coordinate with the Bank on the reversal of the funds. You further acknowledge that any reversal of the funds, or any grant of cash or other payments in consideration of the cancellation of your purchase whether to your GoTyme account or any other e-wallet or bank account, does not automatically cancel your loan or effect any payment to your outstanding balance, and that failure to pay any required amount on its due date, regardless of any refund or reversal of funds, would be considered an Event of Default.
12. You acknowledge that we shall have no obligation to initiate the cancellation and/or refund of the goods and/or services you purchased from eligible merchants and that we shall only be acting based on the instructions of the eligible merchants and we shall have no liability whatsoever arising from our acts and/or omissions based on such instructions.

Annex 5-B

Specific Terms and Conditions for MoreTyme Convert
("MoreTyme Convert Terms")

Background of the Feature

1. MoreTyme Convert (the "Feature") is a lending feature of MoreTyme that allows you to convert eligible purchase transactions into installment payments subject to our credit evaluation and approval.

2. The Feature is available only to selected users as determined by us, which may change from time to time.

3. When a conversion is approved, We grant a loan equal to the converted amount and credit the proceeds to your GoTyme account. The original merchant transaction remains unchanged.

General Terms

1. You understand that the MoreTyme Terms shall apply to MoreTyme Convert. By availing this feature, you agree to be bound by the terms and conditions governing MoreTyme and MoreTyme Convert.

Feature Risks, Mechanics and Limitations

2. You acknowledge that the transactions covered by the Feature shall be limited to Eligible Transactions that are displayed in the MoreTyme dashboard. You understand and agree that it remains your sole responsibility to actively select, from among such Eligible Transactions, those you wish to be converted to and processed through the Feature.
3. Eligible Transactions refer to successfully posted purchase transactions in your MoreTyme dashboard that meet the minimum amount and conversion window as stated in https://www.gotyme.com.ph/help/moretyme and is offered by eligible merchants. The list of eligible merchants may be accessed via GoTyme website: https://www.gotyme.com.ph/help/moretyme or GoTyme mobile application ("GoTyme App") via MoreTyme dashboard.
4. Only posted transactions may be converted. Pending, voided or reversed transactions are not eligible.
5. You acknowledge that an initial installment may be charged upon the conversion of the posted purchase transaction and the remaining balance shall be paid through equal monthly installments and monthly fee on specified dates.
6. You acknowledge that the credit facility extended to you by the Feature shall be deemed final and correct once the first installment is paid. You cannot dispute the amount, terms, or any other aspect of the transaction once it is deemed paid.
7. You acknowledge that the Feature shares the same or a portion of credit limit used for all MoreTyme transactions, as may be determined by us. The credit limit covers the total amount of all active loans or installments under MoreTyme, whether availed through Convert or through other MoreTyme-enabled transactions. Upon successful payment of the monthly installments, the paid amount is added back to your remaining credit limit, allowing you to avail of new purchases or conversions within the refreshed limit.
8. You may request conversion through the GoTyme App from the transaction details screen within the applicable conversion period, subject to authentication and approval.
9. Each conversion is treated as a separate MoreTyme loan with its own repayment schedule and Disclosure Statement.

Cancellation

10. You acknowledge that once confirmed, a conversion cannot be canceled or reversed except as allowed by law or under the applicable cooling-off rule.
11. You acknowledge that if a refund, reversal or chargeback occurs for all posted converted transactions, the installment plan remains valid, and you shall continue to pay the remaining installments.

Annex 5-C

Specific Terms and Conditions for MoreTyme Get Cash
("MoreTyme Get Cash Terms")

Background of the Feature

1. MoreTyme Get Cash is a loan credit facility granted to you, allowing you to borrow a fixed amount payable in installments over an agreed term, subject to applicable credit limits and fees as determined by us ("Feature").

2. The Feature is available only to selected users as determined by us, which may change from time to time.

General Terms

1. You understand that the MoreTyme Terms shall apply to MoreTyme Get Cash feature. By availing this feature, you agree to be bound by the terms and conditions governing MoreTyme and MoreTyme Get Cash.

Feature Risks, Mechanics and Limitations

2. You acknowledge that you will be presented with a loan offer indicating the loan amount, repayment term, interest rate/s, applicable fee/s and total repayment amount, among others and the loan application shall only be processed upon your acceptance of the offer.
3. You acknowledge that the credit facility extended to you by the Feature shall be deemed final and correct once the first installment is paid. You cannot dispute the amount, terms, or any other aspect of the transaction once it is deemed paid.
4. You acknowledge that the Feature shares the same or a portion of the credit limit used for all MoreTyme transactions, as may be determined by us. The credit limit covers the total amount of all active loans or installments under MoreTyme, whether availed through MoreTyme Get Cash or through other MoreTyme-enabled transactions. Upon successful payment of the monthly installments, the paid amount is added back to your remaining credit limit, allowing you to avail of new purchases or conversions within the refreshed limit.
5. Each availment is treated as a separate MoreTyme loan with its own repayment schedule and Disclosure Statement.
6. You agree that the loan proceeds shall be used solely for the purpose declared in your loan application. You represent and warrant that such proceeds shall not be used for any unlawful purpose or in violation of any applicable laws, rules, or regulations. You further acknowledge that you are fully responsible for your actions in applying for and using the Feature, and that any misuse or abuse of the Feature or related services is strictly prohibited.
7. You acknowledge and expressly agree that we shall not be liable for any direct, indirect, incidental, or consequential damages arising from your use of the loan proceeds or from any transaction, arrangement, or agreement entered into using the loan proceeds, and you expressly waive any claims for such damages and/or claims against us in relation thereto.

Cancellation

8. Should you exercise your right to cancel, the cancellation of your loan shall be subject to your full repayment of the amount received from us, together with any applicable fees. If no cancellation request is received by us within the prescribed period, you understand and agree that the loan you have availed of shall be considered final and may no longer be cancelled, except as allowed by law or under the applicable cooling-off rule.
9. You acknowledge that in the event that the cancellation and/or refund is approved, the monthly fee and other reasonable processing fees, if any, may not be refunded and/or the transaction may be changed or modified.

Annex 6

Specific Terms and Conditions for Click to Pay
("Click to Pay Terms")

Background

1. Click to Pay is an online checkout service which eliminates the need for GoTyme Bank Corporation (the "Bank") Cardholders to enter card details manually at checkout.

General Terms

2. You agree to be bound by the following terms and conditions (the "Click to Pay Terms") governing the Bank's Click to Pay. You agree that the GoTyme Bank Account Terms and Conditions ("Main T&Cs") shall have suppletory application to the Click to Pay Terms.
3. You understand that you must read and accept the Main T&Cs and these Click to Pay Terms as a condition to use Click to Pay and, in considering whether or not to use Click to Pay. You will not and/or discontinue your use of Click to Pay if you do not agree with any portion of the Main T&Cs and or Click to Pay Terms. The Main T&Cs and/or these Click to Pay Terms may be updated/changed by us from time to time, with prior notice to you. Your continued use of Click to Pay after the effective date of such change shall be deemed to constitute your acceptance of all the updates/changes in the Main T&Cs and/or Click to Pay Terms, without reservation.
4. By enrolling in Click to Pay, you authorize us to transmit necessary cardholder data to Visa for the purpose of facilitating transactions, subject to applicable data privacy laws.
5. You acknowledge that you must not use Click to Pay if you do not agree to the Click to Pay Terms or any updates hereto. You understand that you may terminate or opt-out of Click to Pay for a Card at any time.
6. You acknowledge that we may modify, suspend, or discontinue Click to Pay at any time to maintain security, comply with legal or regulatory requirements, or improve service functionality, with prior notice to you.

Fees

7. You understand that we will not charge any fees for the Click to Pay service. In the event that fees may be imposed by us in the future, you shall be notified in a timely and appropriate manner, in accordance with the requirements of applicable law and regulations. You understand that while we may not impose additional fees for Click to Pay, third-party service providers may charge fees, for which you shall be solely responsible.

Activation and Usage

8. You acknowledge that while Click to Pay facilitates your transaction with the Merchant, we or Visa are not parties to such transaction or the payment to or from a Merchant in connection with your use of Click to Pay, including the purchase or return of goods or services, which is solely between you and the Merchant.
9. You acknowledge that Click to Pay is only available to individuals who are the Cardholder or authorized user of one or more Visa credit, debit and reloadable prepaid Cards and other cards or payment methods that we or Visa have determined to be eligible for use with Click to Pay (the "Cards").
10. You acknowledge that where we have activated and successfully enrolled your Card in the Bank's Click to Pay, such Card shall not be eligible for Visa-offered Click to Pay. Any attempt to register your Card with Visa-offered Click to Pay or acceptance of the Terms of Service of Visa-offered Click to Pay (whether through the Visa destination site or at a Merchant checkout) at any time after the commencement date of the Bank's provision of Click to Pay for such Card or date of successful enrollment of such Card in the Bank's Click to Pay shall not constitute any agreement between you and Visa. Notwithstanding the foregoing, Visa may share any information that you provide/s while attempting to register your Card for Visa-offered Click to Pay with the Bank to facilitate our enrollment of your Card in the Bank's Click to Pay, in order to ensure that you receive appropriate and streamlined services.
11. You acknowledge that we, Visa, Merchants and/or other third parties may use and share your data and/or information about a transaction, including (without limitation) to complete the transaction and to determine whether you are eligible for card benefits or features (such as reward points or instalment options).
12. You acknowledge that certain authentication capabilities may be made available to you on your personal devices such as fingerprints, face authentication and/or device passcode ("Passkeys") in connection with Click to Pay. In such instances, you acknowledge the following:
    1. The use of Passkeys is governed by the agreement between you and your device manufacturer;
    2. Your fingerprints, face authentication data and/or device passcode do/does not leave your device and is/are not transferred to us or Visa; and
    3. You may choose whether to authorize us or Visa to use Passkeys with any payment transaction, and you may disable your use of Passkeys in connection with Click to Pay by unlinking your Card from the Click to Pay Account or by removing your device at https://secure.checkout.visa.com, via the Bank's destination site, mobile banking app, contact center or other platform as applicable, or via such other method as prescribed by us.
13. Where you use Passkeys, you consent to authorize us and/or Visa to process your personal data in connection with such Passkeys in accordance with our Privacy Policy and/or the Visa Global Privacy Notice accessible at https://visa.com/privacy, including transfer of your data to Visa's data centres which may be overseas.

Acceptable Use Policy

14. You agree to the following:
    1. To use Click to Pay only as permitted by law;
    2. Not to disrupt or interfere with the security or operation of, or otherwise abuse, Click to Pay or any part of Click to Pay;
    3. Not to attempt to obtain unauthorized access to Click to Pay or portions of Click to Pay that are restricted from general access;
    4. Not to use Click to Pay in any manner that could be deemed false and/or defamatory, abusive, vulgar, hateful, harassing, obscene, profane, threatening, invasive of a person's privacy, or in violation of any third party rights;
    5. Not to reproduce Click to Pay in any form, or store or incorporate Click to Pay into any information retrieval system, electronic, mechanical or otherwise;
    6. Not to copy, emulate, clone, rent, lease, sell, commercially exploit, modify, decompile, disassemble, distribute, reverse engineer or transfer Click to Pay or any portion thereof; and
    7. Not to use any device, software or routine to interfere or attempt to interfere with the proper working of Click to Pay and/or take any action that imposes an unreasonable or disproportionately large burden on the Click to Pay system, as determined by Visa in its sole discretion.

Limitation of Liability

15. You understand and agree to release and hold harmless GoTyme, its stockholders, directors, officers, employees and representatives from (a) any direct or indirect, incidental, or consequential damages, losses, or expenses arising out of your use of Click to Pay, (b) any loss, damage or liability resulting from circumstances over which GoTyme has no control, including but not limited to errors or failures attributable to Merchants or third parties, and (c) any claims arising from an occasion where the information or material contained on Click to Pay is no longer accurate, complete, updated.
16. You understand that we are not responsible for the quality, safety, or delivery of goods or services purchased using Click to Pay, which remain the responsibility of the Merchant.
17. You acknowledge that you are responsible for maintaining the security of your device and credentials. We shall not be held liable for losses resulting from compromised devices or credentials.
18. You agree to indemnify, defend and hold harmless GoTyme, its stockholders, directors, officers, employees and representatives, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Click to Pay Terms and violations of any law, rules and regulations, or the rights of a third-party.
19. You acknowledge that we do not warrant that the Click to Pay service will be available at all times, and that access may be interrupted due to system maintenance, technical issues, or circumstances beyond our control. We shall not be held liable for any losses arising from technical failures, including but not limited to errors in data transmission, system downtime, or Merchant processing errors, except where such losses are directly attributable to our gross negligence or willful misconduct.
20. In no event and under no cause of action, including negligence, shall Visa and its affiliates (collectively, the "Visa Parties"), and each of their respective officers, directors, customers, members, employees or authorized agents be liable for any damages, claims or losses incurred (including compensatory, incidental, indirect, special, consequential, punitive or exemplary damages), however caused and under any theory of liability, arising from or in connection with Click to Pay, even if a Visa Party is advised of the possibility of such damages, claims or losses (the "Visa Parties' Disclaimer").
21. Where the Visa Parties' Disclaimer, exclusion or limitation of certain warranties, liabilities and damages under these Click to Pay Terms, is not permitted under applicable law, then the Visa Parties' aggregate liability to you (if any) will be limited to the lesser of: (i) the fullest extent permitted by applicable law; (ii) US$100 (or equivalent in local currency); and (iii) your actual loss. Nothing in these terms excludes Visa's liability to you for (a) death or personal injury caused by its negligence, (b) fraud or fraudulent misrepresentation, or (c) any other matter to the extent that such exclusion would be illegal or prohibited by applicable laws.

Complaints Handling

22. For complaints or concerns relating to Click to Pay, the provisions on Complaints Handling in the Main T&Cs shall apply.

Annex 7

Specific Terms and Conditions for Digital Wallet
("Digital Wallet Terms")

Background

1. These terms and conditions apply when we add or use our GoTyme Bank (the "Bank") card ("Card") to any digital wallet ("Digital Wallet"). A Digital Wallet refers to any service or application that enables we to use our Card for electronic transactions without requiring the physical Card, by creating a digital version of our Card ("Digital Card").

General Terms

2. You agree that these terms and conditions (the "Digital Wallet Terms") supplement the GoTyme Bank Account Terms and Conditions ("Main T&Cs") and any terms imposed by other Third-party Providers or Digital Wallets. By adding or using your Digital Card in Digital Wallets, you agree to these Digital Wallet Terms. If you do not agree, you cannot add or use your Digital Card in Digital Wallets.
3. You understand that you must read and accept the Main T&Cs and these Digital Wallet Terms as a condition to use your Digital Card in Digital Wallets and, in considering whether or not to use your Digital Card in Digital Wallets. You will not use and/or discontinue your use of your Digital Card in Digital Wallets if you do not agree with any portion of the Main T&Cs and or these Digital Wallet Terms. The Main T&Cs and/or these Digital Wallet Terms may be updated/changed by us from time to time, with prior notice to you. Your continued use of your Digital Card in Digital Wallets after the effective date of such change shall be deemed to constitute your acceptance of all the updates/changes in the Main T&Cs and/or these Digital Wallet Terms, without reservation.

Fees

4. You understand that we will not charge any fees to add or use your Digital Card in Digital Wallets. In the event that fees may be imposed by us in the future, you shall be notified in a timely and appropriate manner, in accordance with the requirements of applicable law and regulations. You understand that while we may not impose additional fees to add or use your Digital Card in Digital Wallets, Digital Wallets, Third-party service providers and/or mobile network operators, among others, may charge fees, for which you shall be solely responsible.

Activation, Usage and Suspension

5. You understand that we, Digital Wallets, or Third-party providers may modify, suspend or discontinue the use of your Digital Card in Digital Wallets at any time and at our/their discretion, including but not limited to the following reasons: (i) if requested by you or deemed necessary by the Digital Wallet based on your actions; (ii) when requested or instructed by us and/or Third-party providers; (iii) when necessary to restore or maintain the security, integrity, accuracy, or performance of the Digital Wallet, your Digital Card, or GoTyme Bank deposit account/s; (iv) in accordance with our, the Digital Wallet's, or Third-party Provider's Terms and Conditions; (v) suspected fraud or other security concerns; (vi) when necessary to comply with legal or regulatory requirements, or improve service functionality, with prior notice to you.
6. You understand that you must delete your Digital Card from Digital Wallet and/or device before disposing of, replacing, or selling it. In addition, You understand that you should not use your Digital Card or Digital Wallet on devices that are rooted, jailbroken, or otherwise compromised, as we shall not be liable for any loss or unauthorized use arising from such use.
7. You understand that payment networks, Digital Wallets, and merchants may impose additional limits or restrictions on Digital Card or Digital Wallet transactions, including but not limited to transaction limits or merchant exclusions.

Product Risks

8. You understand that by adding your Digital Card to a Digital Wallet, anyone who gains access to your device, including but not limited to shared passwords, weak device security, or unattended devices, may be able to perform transactions without your consent.
9. You understand that if your device is lost, stolen, or compromised by malware or unauthorized software such as rooting or jailbreaking, your Digital Card credentials stored in the Digital Wallet may be exposed to misuse or unauthorized transactions.
10. You understand that Digital Wallets may rely on device-level authentication. If another person's biometrics or passcode is enrolled on your device, they may be able to authorize transactions using your Digital Card.
11. You understand that Digital Wallets are operated by Third-party providers. Any service interruption, security breach, or malfunction of the Digital Wallet or its systems may affect your ability to complete transactions or may expose your/our Digital Card to misuse.
12. You understand that transactions initiated through Digital Wallets may be subject to delays, declines, or technical failures arising from network issues, merchant systems, or the Digital Wallet's platform.
13. You understand that when your Digital Card is added to a Digital Wallet, certain card information may be shared with payment networks and the Digital Wallet platform to create a secure payment token. While tokenization increases security, it also involves third parties that may be subject to their own privacy, security, and operational risks.
14. You understand that Digital Wallets may update their features, terms, fees, or security controls at any time. Such changes may affect how your Digital Card functions within the Digital Wallet, and we do not control or guarantee the availability or performance of the Digital Wallet.
15. You understand that incorrect device settings, outdated software, disabled security features, or incompatible devices may prevent the Digital Card and/or Digital Wallet from functioning properly or may reduce the security of your Digital Card stored in the Digital Wallet. You understand that you should maintain updated software and enable all recommended security features to ensure the proper and secure functioning of the Digital Card and/or Digital Wallet.

Limitation of Liability and Disclaimers

16. You understand and agree to release and hold harmless GoTyme, its stockholders, directors, officers, employees and representatives from (a) any direct or indirect, incidental, or consequential damages, losses, or expenses arising out of your use of your Digital Card in Digital Wallets, (b) any loss, damage or liability resulting from circumstances over which GoTyme has no control, including but not limited to errors or failures attributable to Digital Wallets, Merchants or third parties, and (c) any claims arising from an occasion where the information or material contained on Digital Wallets is no longer accurate, complete, updated.
17. You understand that we are not responsible for the quality, safety, or delivery of goods or services purchased using your Digital Card in Digital Wallets, which remain the responsibility of the Merchant.
18. You acknowledge that you are responsible for maintaining the security of your device and credentials. We shall not be held liable for losses resulting from compromised devices or credentials.
19. You agree to indemnify, defend and hold harmless GoTyme, its stockholders, directors, officers, employees and representatives, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your misuse, breach of these Digital Wallet Terms, and violations of any law, rules and regulations, or the rights of a third-party.
20. You acknowledge that we do not warrant that the Digital Card or Digital Wallet will be available at all times, and that access may be interrupted due to system maintenance, technical issues, or circumstances beyond our control. We shall not be held liable for any losses arising from unauthorized use, technical failures, including but not limited to errors in data transmission, system downtime, or merchant processing errors, except where such losses are directly attributable to our gross negligence or willful misconduct.
21. You acknowledge that we do not warrant the continuous operation of the Digital Wallet, merchant acceptance of your/or Digital Card and/or the Digital Wallet, or the compatibility of your device with the Digital Wallet.

Complaints Handling

For complaints or concerns relating to your GoTyme Bank deposit account/s or the use of your Digital Card in Digital Wallets, the provisions on Complaints Handling in the Main T&Cs shall apply. Technical issues relating to the Digital Wallets shall be directed to the Digital Wallet Platform concerned.

Annex 8

Specific Terms and Conditions for Access to Local Equities
("PH Stocks Terms")

Background of the Product

GoTyme Bank Corporation ("GoTyme"), in partnership with a duly licensed and SEC-regulated third-party provider ("Third-party Provider"), provides customers the ability to invest in securities listed on the Philippine Stock Exchange ("PSE"). The Third-party Provider provides the brokerage, custody, and execution services ("Third-party Provider Services"), while GoTyme offers the digital platform to facilitate onboarding, funding, trading interface, and access to relevant information via the GoTyme App ("Services").

This arrangement allows customers to create an investment trading account with the Third-party Provider through the GoTyme App and subsequently fund a trading wallet account, place trade orders, and monitor their investment portfolio. GoTyme does not provide investment advice nor does it act as a broker-dealer. GoTyme merely provides a conduit through which customers may access the Third-party Provider Services.

General Terms

1. You understand that the different types of accounts referred to in these Terms are as follows:
   1. GoTyme Bank deposit account/s: A non-interest-bearing savings account that allows you to shop and access your money anytime through GoTyme Bank's digital channels, linked virtual and physical debit card, and Bank Partners.
   2. PH Stocks Account: A securities trading and brokerage account opened and maintained in your name with the duly licensed Third-party Provider, which enables you to access the PSE through the GoTyme App for the purpose of buying, selling, receiving, holding, and monitoring PSE-listed securities. This account is owned by you, administered and serviced by Third-party Provider, and is separate and distinct from your GoTyme Bank deposit account/s.
   3. PH Stocks Trading Wallet Account: A dedicated non-interest-bearing funding wallet / ledger accessible through the GoTyme App that is used solely in connection with your PH Stocks Account and trading activities, including funding your trades, meeting settlement obligations, paying for fees, commissions, and taxes, and receiving corporate action settlements and proceeds from sale of stocks.
2. You agree to be bound by the following terms and conditions governing your PH Stocks Account ("PH Stocks Terms"), which you have opened or may hereafter open at any digital channel of GoTyme.
3. You agree that the GoTyme Bank Account Terms and Conditions shall have suppletory application to the PH Stocks Terms, and which shall govern your relationship with GoTyme and your use of its website, software, and technology. Any terms or provisions not specifically provided for herein shall be covered by the GoTyme Bank Account Terms and Conditions. In the event of any inconsistency between these PH Stocks Terms and the GoTyme Bank Account Terms and Conditions, these PH Stocks Terms shall prevail.
4. You also understand that when GoTyme partners and integrates with its Third-party Provider, you will be subject to its applicable terms and conditions which shall be appropriately and timely disclosed to you, when applicable, and which you shall be given the opportunity to check whether such Third-party Provider's terms and conditions are acceptable to you before you avail of any of the Services.
5. You understand that you must read and accept the GoTyme Bank Account Terms and Conditions and these PH Stocks Terms as a condition to use and/or avail of PH stocks ("Product") and, in considering whether or not to use/avail of the Product. You will not and/or discontinue your use of the Product if you do not agree with any portion of the GoTyme Bank Account Terms and Conditions and/or PH Stocks Terms. The GoTyme Bank Account Terms and Conditions and/or these PH Stocks Terms may be updated/changed by GoTyme from time to time, with prior notice to you. Your continued use of the Product after the effective date of such change shall be deemed to constitute your acceptance of all the updates/changes in the GoTyme Bank Account Terms and Conditions and/or PH Stocks Terms, without reservation.
6. You acknowledge that in the event that any part of these PH Stocks Terms is/are deemed invalid, unenforceable, or unlawful, such provision is severed without affecting the validity or enforceability of the remaining provisions.

Customer Eligibility

7. You acknowledge that you are a natural person who owns and controls the money used in your transactions involving PH stocks. All money used in your transactions shall be sourced from legitimate sources. You understand that you cannot transact as an agent or a broker, nor can you offer buying and/or selling of PH stocks to other persons or third parties through your PH stock account. You understand that GoTyme may suspend or terminate your account if you violate this condition without prior notice, to the extent allowable under the law.
8. To maintain confidentiality and security of your PH Stocks Account and data therein, you agree that:
   • 8.1. You are solely responsible for your computer, system, or another device from which you access your PH Stocks Account, including but not limited to the maintenance, operation, and permitted use of such computer, system, or another device, and that it is your obligation to comply with any criteria imposed by GoTyme from time to time in respect of your computer, system or other devices from which you access your Account;
   • 8.2. You shall not access your PH Stocks Account using any computer, system, or another device that you do not own unless you have received the owner's permission; and
   • 8.3. You are responsible for maintaining the confidentiality of your PH Stocks Account credentials and for all activities that occur within your PH Stocks Account. You agree to notify GoTyme immediately if you suspect any unauthorized use of your PH Stocks Account.

Account Activation, Usage and Suspension

9. You agree to avail and use the PH stocks only for lawful purposes and in accordance with the PH Stocks Terms. You agree not to utilize the electronic banking platform or avail of the Third-party Provider's products and services for any unlawful or illegal purposes, such as but not limited to: (a) engaging in any unlawful, fraudulent, or deceptive practices that could harm or disrupt the operation of the products or services of GoTyme or the Third-party Provider or any other network or system; (b) impersonate any person or entity; (c) access or use the products and services to facilitate financial crimes; (d) using automated means to access the PH stocks services and/or electronic banking platform without permission; (e) collecting any market research for competitor business; and (f) taking any action that imposes or may impose (in GoTyme's sole discretion) an unreasonable or disproportionately large load on GoTyme's technical infrastructure.
10. Upon activating your access to PH stocks, you acknowledge and consent GoTyme and Third-party Provider/s to process and review your personally identifiable information, such as, but not limited to, identification and residency information, at least on an annual basis, and screen your information against the sanctions lists maintained by both local and foreign government agencies, including the foreign government, and equivalent lists as necessary to comply with relevant regulations.
11. By activating your access to PH stocks, you fully authorize GoTyme to provide and relay instructions to the Third-party Provider on your behalf as it relates to the Services needed to pursue, maintain, and support your stock investments and trading activities, such as but not limited to: opening and maintaining your account with the Third-party Provider, submitting your orders, and undertaking any other necessary actions to facilitate, execute or complete your transactions.
12. You understand and agree that GoTyme reserves the right to suspend or restrict your access to your Account/s, the Product and/or the Services for any reason at its sole discretion and is under no obligation to disclose the details of its decision to take such action. You acknowledge that you may or may not be notified of such suspension or restriction as it may be based on confidential, business or regulatory considerations that are crucial to GoTyme or the Third-party Provider's risk management. GoTyme will not be responsible for failing to notify you should your contact information on record be unreachable, inaccurate, or not updated. You will not hold GoTyme nor the Third-party Provider liable for any losses or damage you may incur due to your inability to access your Account/s, the Product and/or the Services as a result of the suspension or restriction.
13. You understand that GoTyme has full and sole discretion to select the Third-party Provider(s) with which it will partner to facilitate access to the Third-party Provider Services. You further understand and agree that during the transfer of your stock trading account or holdings to another Third-party Provider ("Transfer"), which may require a reasonable period of time, you may not have access to your PH Stocks Trading Wallet Account or be able to place or modify buy or sell orders. You agree not to hold GoTyme or the Third-Party Provider liable for any losses or damages that may be incurred during this period. You also understand and agree that if GoTyme deems such Transfer to be impracticable, it may arrange for the liquidation of your stock holdings and the corresponding withdrawal of the equivalent market value of the trading account funds within a reasonable time ("Liquidation").

Termination

14. You acknowledge and understand that GoTyme may terminate your access to your Account, the Product and/or the Services at any time, for any reason, including but not limited to your material non-compliance with the PH Stocks Terms or the GoTyme Bank Account Terms and Conditions, if the relationship with Third-party Provider of the Product and/or Services is terminated, upon order of a competent governmental authority, termination of GoTyme's relationship with one or more necessary Third-party Providers and/or if GoTyme chooses to terminate the Product upon its sole discretion.
15. In the event of termination under any of the circumstances as outlined in the PH Stocks Terms, you understand that GoTyme will provide written notice to you pursuant to the requirements under applicable Law, specifying the reasons for termination of the Product. Upon receipt of notice, you agree to cooperate with GoTyme to facilitate the liquidation and/or transfer of your PH stock holdings.
16. You acknowledge that you can opt to cancel your PH Stocks Account through a Request addressed to GoTyme Customer Support Team, subject to your right to liquidate or cash out all of your remaining PH stock holdings balance. You understand that once your PH Stocks Account is canceled, you can no longer log in or access your canceled PH Stocks Account.

Funding and Withdrawing Funds to and from your PH Stocks Trading Wallet Account with Third-party Provider

17. You acknowledge and agree that sufficient available funds must be maintained in your GoTyme Bank deposit account/s in order to successfully initiate a fund transfer to your PH Stocks Trading Wallet Account with the Third-party Provider.
18. You further understand that your GoTyme Bank deposit account/s shall be the exclusive account designated to receive any proceeds arising from withdrawals made from your PH Stocks Trading Wallet Account with the Third-party Provider.

Buy and Sell Order Placement and Execution

19. You acknowledge and agree that sufficient available funds must be maintained in your PH Stocks Trading Wallet account in order to successfully initiate a buy order placement. You further understand that you should have existing local stock holdings to be able to place a sell order instruction.
20. You understand and agree that buy and sell orders submitted via the GoTyme App are routed to and executed by the Third-party Provider based on prevailing market conditions. You understand that proceeds from executed sale transactions will be credited to your PH Stocks Trading Wallet Account and can be ultimately be withdrawn to your GoTyme Bank deposit account/s.

Portfolio Monitoring and Access

21. You understand and agree that you may access and monitor your stockholdings, current market prices, trading activity, and indicative portfolio performance, including unrealized profit or loss, through the GoTyme App. Such information is made available for your convenience and is based on data provided by the Third-party Provider. You acknowledge that the information displayed within the app is for reference only and may be subject to delays, rounding differences, or discrepancies due to data transmission or processing intervals. The Third-party Provider remains the sole source of official records and documentation related to your trades and portfolio.

Corporate Actions and Statements

22. You understand and agree that all matters relating to corporate actions—such as cash and stock dividends, rights and warrants offerings, tender offers, stock splits, mergers, and other similar events—shall be administered solely by the Third-party Provider. The Third-party Provider is responsible for notifying you, processing your elections or entitlements, and executing any applicable actions in accordance with its terms and regulatory obligations. Additionally, all official statements of account, trade confirmations, and holding certifications shall be issued exclusively by the Third-party Provider. GoTyme shall not be held responsible for the execution, accuracy, or timeliness of corporate actions or the issuance of official investment documents.

Limitation on Liability and Indemnification

23. You agree that GoTyme does not provide financial, investment, or legal advice with respect to your PH Stocks Account, the Product, and Services. You are solely responsible for your trading decisions and should consult with a qualified professional before making any investment.
24. GoTyme's software and technology and the Services are provided "as is" and "as available" without any warranties, representations, or conditions of any kind, and without any endorsement by GoTyme, either express or implied. You agree that GoTyme does not guarantee the accuracy, completeness, or reliability of its software and technology, and cannot and do not guarantee the accuracy, completeness, or reliability of the Services or any of its Third-party Provider's software or technology.
25. You understand and agree to release and hold harmless GoTyme, its stockholders, directors, officers, employees and representatives from (a) any direct or indirect, incidental, or consequential damages, losses, or expenses arising out of your use of the electronic mobile banking application or availment of the financial products and services, whether made through or outside the electronic mobile banking application; (b) any loss, damage or liability resulting from circumstances over which GoTyme has no control, including but not limited to, the Third-party Provider's actions and business decisions, failure of electronic or mechanical equipment or communication lines or other interconnection problems, bad weather conditions, earthquakes, floods or other such similar events beyond GoTyme's reasonable control; and (c) any claims arising from an occasion where the information or material contained on the electronic mobile banking application is no longer accurate, complete, updated or any of the Third-party products and services mentioned in the electronic mobile banking application are not or no longer available.
26. You agree to indemnify, defend, and hold harmless GoTyme, its stockholders, directors, officers, employees, and representatives from and against any and all claims, demands, actions, or proceedings made against GoTyme, as well as any damages, liabilities, losses, costs, and expenses (including legal costs on a full indemnity basis) that may be incurred, sustained, or suffered by GoTyme, directly or indirectly, arising from or in connection with (a) any violation of applicable laws, rules, or regulations; (b) any infringement of third-party rights; (c) any use or misuse of the platform, your Account, the Product and/or the Services; (d) any negligence, misconduct, or breach of the PH Stocks Terms by you; or (e) any other act, matter, or thing arising out of or in connection with the PH Stocks Terms.

Fees, Charges, Interest, and Penalties

27. You understand and agree that GoTyme and/or the Third-party Provider may charge fees related to the use of the Product and the Services related thereto. The corresponding fees will be disclosed prior to confirmation of each transaction. You shall be notified in a timely and appropriate manner should there be any changes to fees, subject to the requirements of applicable Law.

Product Risks and Clarifications

28. You understand that the prices of securities fluctuate, and that any individual security may rise or fall in value, and may even become valueless. You acknowledge that there is an inherent risk of incurring losses rather than making profits as a result of buying and selling securities. You understand that past performance is not a guide to future performance.
29. You understand that all investments involve risks, and that the value of investments may fluctuate. There is no assurance of profit, and losses may be incurred as a result of market movements, economic conditions, or other factors affecting the performance of investments.
30. You acknowledge that trading involves potential risks, and that any decision to trade should be made only after due and careful consideration. Securities with higher risk profiles and other complex characteristics may be more appropriate for professional or sophisticated investors.
31. You understand that certain securities may be subject to greater market volatility compared to others. No assurance is given that a liquid market will exist for such securities.
32. You must not use and/or avail of Product/s which you do not fully understand. You acknowledge that the Bank has provided you adequate time and/or opportunities to review, ask questions and receive information to fully understand the Product, together with the GoTyme Bank Account Terms and Conditions and these PH Stocks Terms, via the Customer Service Hotline #468888 from 9 am to 6 pm, the electronic banking application, or email at help@gotyme.com.ph.

Customer Service

33. You acknowledge that GoTyme will provide customer support and that the resolution of issues related to your account or transactions may be impacted by differences in business hours. You understand that if you need to contact the Third-party Provider directly for any reason, you can reach out to GoTyme through its official communication channels and GoTyme will assist you in communicating with the appropriate Third-party Provider.
34. You authorize GoTyme to record, store, replay and communicate to any third party, pursuant to any lawful purpose, all telephone and e-mail conversations between GoTyme and its duly authorized representatives and you.

Cost, Venue of Suit, and Governing Law

35. GoTyme reserves the right to modify the PH Stocks Terms at any time, and with prior notification of any changes by posting the new Terms on GoTyme's website and/or application. The continued use of your Account, the Product and/or Services after such new Terms have been posted shall constitute your acceptance of the new Terms.
36. GoTyme reserves the right to modify the scope and functionality of the Product and/or Services or terminate the Product at any time, including terms regarding access to and use of your PH Stocks Account. Neither GoTyme or any of its respective affiliates or third-party providers will be liable to you for any losses caused by your failure to properly use the Services or any access device.
37. You agree that the PH Stocks Terms, along with GoTyme Bank deposit account/s's Terms and Conditions, are the complete and exclusive scope of the agreements between GoTyme and yourself with respect to the Product and/or Services, and the PH Stocks Terms supersede any proposal or prior agreement, oral or written, and any other communications between you with respect to the Product and/or Services.
38. The PH Stocks Terms shall be governed by and be construed in accordance with the laws of the Philippines. Any dispute arising out of or in connection with the PH Stocks Terms, including any question regarding its existence, validity or termination, shall be finally resolved by arbitration in accordance with the rules of the Philippine Dispute Resolution Center in force at the time of submission to arbitration. The place of arbitration shall be in the Philippines, and the language shall be English.
39. No delay or omission on the part of GoTyme or any of its respective subsidiaries, affiliates, or third-party providers in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.