These are the terms and conditions (“Agreement”) governing LDB’s mobile application (“Mobile App”) set forth between Luzon Development Bank (“Bank”) and its depositors and borrowers (“Customers”) who enrolls to use the Mobile App (“Users”).

Your enrollment to the Mobile App shall be construed as your agreement to and conclusive acceptance of all terms and conditions herein.

Definitions

• Enrolled Device refers to the Android or iOS device in which the Customer installs and activates the LDB Mobile App.

• Mobile App refers to the Android or iOS software application published by the Bank in official apps stores and made available for downloading and installation by its Customers.

• One-Time PIN (OTP) is a system-generated temporary numeric password being sent to Customers as additional layer of authentication. It is transmitted via SMS to the Customer’s mobile number registered with the Bank and is required for input into the Mobile App to proceed with certain transactions.

• Password refers to the combined alphanumeric and special characters created and used by the User together with a Username as the primary authentication mechanism to access the Mobile App.

• User Credentials refers to the collection of all user authentication data of a Customer namely the username, password, one-time PIN and biometric data.

• Username refers to the string of characters nominated by the Customer as his/her unique identification name for logging into the Mobile App

Activation and Termination of Mobile Banking Facility

1. I understand that the mobile banking facility is an additional and optional service that the Bank offers to its Customers. The Bank does not guarantee the availability of the services within the Mobile App which may undergo maintenance activities and other service outages from time to time. The Bank reserves the right to modify the scope of services being offered through the Mobile App or to totally discontinue offering the Mobile App to its Customers. Such unavailability, modifications and discontinuance of the Mobile App will be announced by the Bank through the most relevant channels within reasonable time.

2. The Mobile Banking facility will only be activated by the Bank for Customers who files an explicit request for its activation through telephone call to his/her branch of account. I agree that without this activation request, my enrollment to the Mobile App will not be processed.

3. I understand that I may request to terminate my enrollment to the Mobile Banking facility by calling my LDB branch of account or the LDB Customer Care hotline.

4. I agree to provide adequate identification information to the LDB branch or Customer Care personnel as part of the Bank’s customer verification process in order to complete my request for activation or termination of enrollment to the Mobile Banking facility.

5. The Bank may, at its sole discretion, temporarily suspend or permanently terminate my access to the Mobile Banking facility at any time under circumstances that the Bank deems legal and reasonable.

6. My enrollment to the Mobile Banking facility will be cancelled immediately after I have closed all of my LDB accounts.

Accounts, Account Balances and Transactions

1. I agree that by enrolling to the Mobile App, all of my eligible LDB deposit and loan accounts will be made accessible by me through the app and that the Bank currently does not offer a way to disable specific accounts from being displayed within the app. Eligible accounts refer to the deposit accounts in which I am the sole account owner together with the loan accounts in which I am either the sole borrower or one of the borrowers.

2. I understand that the account balances and transactions being shown in the Mobile App are current as of the latest date and time when they were retrieved by the app from LDB’s servers. In such cases where inconsistencies may arise between the Mobile App and other LDB systems, the balances and transactions in LDB’s core banking system shall prevail and shall be considered official records.

User Authentication

1. I agree to fully safeguard my access to the app by ensuring the confidentiality of my User Credentials. I further agree that the use of my User Credentials constitute my full authorization to carry out the transactions initiated in the Mobile App.

2. If biometric authentication is available on my Enrolled Device and I opt to enable biometric
   log-in in the Mobile App, I understand that any fingerprint or facial biometrics currently stored or will later be stored in my Enrolled Device can be used to access all my LDB accounts through the Mobile App.

3. Should I determine that my User Credentials become compromised, I shall immediately change my Password through the Mobile App and/or inform the Bank through its Customer Care hotline or through my branch of account.

Changes to Customer Information

I agree to promptly notify the Bank of any changes to my personal information such as, but not limited to, my name, mailing address and/or mobile number.

Fund Transfer

1. Only specific LDB deposit products have the capability to receive fund transfers from other financial institutions. As such, I understand that not all of my LDB deposit accounts may be able to receive such fund transfers. I agree that such fund transfer facility, if made available to any of my accounts, are bound by the limits and restrictions defined under the National Retail Payment System (NRPS) Framework of the Philippines, as well as the limits, fees and charges of the corresponding Bank product used in the transaction.

2. I understand that the Bank is not a party to whatever agreement between me and the sender in relation to fund transfers. Should there be any discrepancy in the fund transfer such as incorrect destination account or incorrect amount, I agree to coordinate directly with the sender to resolve the issue. I further agree that once a fund transfer transaction has been completely processed, the Bank shall not entertain any request for reversal or any other modification to the transaction.

3. In such cases where I suspect or determine that any of my accounts was used or is being used for fraudulent fund transfer(s), I agree to immediately inform the Bank to prevent further similar transactions from being processed.

4. I agree to assume full responsibility for the transactions and to hold the Bank free and harmless and indemnified from any liability arising from or in connection with any such funds transfer made or initiated by me, and will not demand reversal from the Bank for such transfer/s, regardless of whether such transfer/s was/were proven to have been made in bad faith, was/were in any other way inconsistent with the agreement between me and the beneficiary and/or otherwise.

Indemnification and Limitation of Liability

I agree to hold the Bank, successors and assigns, including any of the Bank’s directors, officers, employees, and the NRPS Clearing Switch Operators, free and harmless, as well as indemnify them, from any and all liabilities, claims, damages, suits of whatever nature, arising from the following circumstances:

1. Unavailability of or interruption in using the Mobile App due to factors beyond the Bank’s control including, but not limited to, power outages, telecommunications outages, acts of nature, sabotage, malware infection, malfunction or misconfiguration of the Enrolled Device, and user lock-out due to the Customer’s successive input of wrong User Credentials

2. Erroneous fund transfers involving wrong amount and/or wrong account number

3. Use of the Mobile App within the timeframe after my Enrolled Device has been lost from my possession and before I have requested deactivation of my Mobile Banking facility through the LDB Customer Care hotline or my branch of account

4. Customer’s breach of any of the terms and provisions in this Agreement

Data Privacy

In accordance with the Data Privacy Act of 2012, I authorize the Bank to collect, store and process my personal information in relation to my use of the Mobile App, as well as to share such information when required for legal or regulatory purposes.

Intellectual Property Rights

All trademarks, logos, product brands, service marks, color schemes, graphics and other intellectual properties used in the Mobile App are owned by the Bank or licensed by the Bank from third parties. I agree not to engage in any activity that may infringe upon or impair such ownership or licensing arrangements including, but not limited to, unauthorized reproduction, alteration, repurposing into other formats and redistribution.

General Representations

1. This Agreement shall be in addition to and not in derogation of other terms and conditions set forth between the Bank and its Customers with respect to any other products and/or services being provided by the Bank, as well as all applicable laws and regulations including Republic Act 9160 (Anti-Money Laundering Act of 2001) as amended.

2. LDB may amend, modify or revise this Agreement from time to time. I agree to review this Agreement periodically as published in the Bank’s website and within the Mobile App. My continued use of the Mobile App will constitute my express acceptance of such amendments, modifications or revisions.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the Republic of the Philippines. In the event of any conflict between Philippine law and the laws of any other jurisdiction, the Philippine law shall prevail and apply. Any dispute arising hereunder shall be submitted to the exclusive jurisdiction of the proper courts of Calamba City, Philippines, or any other place where the Bank may subsequently transfer its principal place of business.