MY MC LOAN ACCOUNT TERMS AND CONDITIONS
I. NATURE OF MY MC LOAN ACCOUNT
2. ‘Account’ shall refer to the Motorcycle Loan account which Client maintains with Sumisho and has enrolled in the My MC Loan Account facility. ‘User Account’ shall refer to the account created by the Client and registered at My MC Loan Account in order to access My MC Loan Account dashboard, subject to its activation by the Client, the existence of active Account/s and the terms and conditions herein.
3. My MC Loan Account shall be made available to Client 24 hours a day, 7 days a week. However, some or all of the services may not be available at certain times due to maintenance, computer, telecommunication, electrical, or network failure and/or any other reasons beyond the Sumisho’s control.
II. PROPRIETARY INTEREST
2. All logos in My MC Loan Account are either trademarks or registered trademarks of Sumisho or its licensors, and may not be copied, imitated or used, in whole or in part, without the Sumisho’s written consent. Further, these logos may not be altered, modified or changed in any way, or used in a manner that is disparaging to the Sumisho or displayed in any manner that implies the Sumisho’s sponsorship or endorsement.
III. DUTIES OF THE FINANCING COMPANY
2. Privacy and Security. The Privacy and Security Policy, which contains the norms, infrastructure, standards, and procedures by which Sumisho shall continually safeguard customer information and ensure its confidentiality, shall be made available to Client through the Sumisho’s website.
3. Communication. Sumisho shall course all My MC Loan Account correspondence, including announcements regarding services and facilities, changes in the My MC Loan Account Terms and Conditions, or changes in the Privacy and Security Policies, through Client’s registered email address or through the Sumisho’s website, or by posting the same in a conspicuous place within Sumisho premises.
IV. DUTIES OF THE CLIENT
1. Access. Client shall have sole access to his/her account(s) through My MC Loan Account and shall exert reasonable efforts to ensure that My MC Loan Account is secured and cannot be accessed by unauthorized third parties.
Client shall keep his/her Username and Password confidential, shall not disclose said Username and Password to anyone, and shall take the necessary steps to prevent the discovery of said Username and Password by unauthorized persons. Client shall be required to change his/her initial Password upon initial log-on.
2. Information. Client shall hold in strictest confidence any information of any nature that is made available, disclosed and obtained from the My MC Loan Account. Information obtained shall be used for the purpose intended and not for any other purpose.
Client shall notify Sumisho immediately upon receipt, of any data or information not intended for him/her, and shall delete such data or information from his/her terminal immediately. Client shall ensure the strict confidentiality of such information.
The provision of this clause shall survive the termination of this Agreement. Disclosure of any confidential information entitles the SUMISHO to claim for damages.
3. Proprietary Interest. Client shall use My MC Loan Account only for its intended purpose. Client shall not disassemble, decompile, copy, modify or reverse-engineer the My MC Loan Account software, nor allow anyone else to do so.
4. Communication. Client shall provide Sumisho with his/her correct and operational mobile number and e-mail address. Client shall promptly notify Sumisho of any change in his/her e-mail address, contact numbers, home or business address or any other information, which may affect delivery of communication.
5. Transactions. Client shall be responsible for verifying if his/her My MC Loan Account transactions, including future-dated transactions, which have been processed.
V. CUSTOMER FEEDBACK
Client shall promptly notify Sumisho, in writing or via e-mail, through the Customer Relations Department, of any irregularities, discrepancies, omissions, inaccuracies or incorrect entries pertaining to online-related transactions.
For any issues or concerns with My MC Loan Account, Client is advised to email us at firstname.lastname@example.org or call Sumisho’s Customer Service at (632) 8802-6888.
The Sumisho’s Customer Relations Department shall be responsible for handling Client’s comments, queries and suggestions, and providing regular status updates through the Client’s registered email address.
Customer concerns, as well as reports received from Client pertaining to unauthorized or questionable transactions, shall be subject to evaluation and investigation by Sumisho. Appropriate action shall be undertaken based on the results of Sumisho’s investigation. Client may follow-up concerns or give feedback via email@example.com or call Sumisho’s Customer Service at (632) 8802-6888.
VI. LIMIT ON LIABILITY
1. Sumisho shall reserve the right to determine the scope of My MC Loan Account, set or change the daily cut-off time, modify, restrict, withdraw, cancel, disconnect, deactivate, suspend or discontinue any or all services without prior notice.
2. Sumisho shall not be held liable for any damage that may be caused by the contents available on My MC Loan Account or the set-up of other web sites linked to the site. The access to, and use of the website and other web sites is subject to the terms and conditions applicable to such access/use.
3. Client understands that upon leaving the Sumisho website, he/she shall no longer be protected by the privacy policies and security features inherent in the My MC Loan Account website.
4. Sumisho shall not be liable for the inability of Client to use My MC Loan Account or to access the website, or for any unauthorized actions or transactions using their Username and Password, or for any other cause beyond control, such as but not limited to problems with the computer hardware or software (including viruses and bugs) or related/incidental problems, that may be attributed to the services provided by any service provider or information service provider.
5. Sumisho shall not be liable for any undelivered e-mail communication or any cost that Client may incur for maintaining an internet access and an e-mail account.
6. Sumisho shall not be liable for any loss or damage in connection with any unauthorized interception or use of data relating to Client or to Client’s account(s), including the missending thereof.
7. Client hereby authorizes Sumisho to act upon any instructions, which are identified by the use of Client’s Username and Password. Sumisho is responsible for acting only on those instructions sent through My MC Loan Account that were actually received by Sumisho through its Customer Relations Department. Client also agrees that the Sumisho does not assume any responsibility for malfunctions in communications facilities not under its control that may affect the timeliness or accuracy of the instructions sent.
8. Upon receipt of Client’s instruction(s), Sumisho may implement them at its absolute discretion. Sumisho shall treat and consider as valid and binding any instruction given or agreement made by any person using Client’s Username and Password, including without limitation, any transfer to a third party account maintained with the Sumisho.
9. Sumisho is allowed but not obliged to verify any instruction given through the use of Client’s Username and Password by sending e-mail online or by telephone or any other means.
10. Sumisho is not obliged to investigate the authenticity or authority of the persons sending the instructions nor verify the accuracy and completeness of said instructions. Such instructions shall be deemed correct, complete, irrevocable and binding upon Client. Client hereby accepts full responsibility for all transactions executed via My MC Loan Account and in ensuring the accuracy and completeness of said instructions.
11. Sumisho may at its sole discretion, without notice and without stating the reason therefore, cancel or refuse to execute any of Client’s instructions at any time without incurring any liability.
12. Client shall be solely liable for any losses or damages that he may incur:
a. for any discrepancies, omissions, inaccuracies or incorrect entries in the statement that is not immediately reported;
b. if Client acted fraudulently or negligently, including failing to properly safeguard his/her Username and Password;
c. if Client failed to immediately report any unauthorized transaction(s) made;
d. If Client’s instruction is not implemented and not reported promptly.
In case of a dispute on any transaction completed via My MC Loan Account, e-mail firstname.lastname@example.org or call Sumisho’s Customer Service at (632) 8802-6888 for assistance with the following information:
a. your name, online username and relevant account number(s);
b. the amount of the disputed transaction;
c. the transaction number(s), if these are available;
d. the date and approximate time (if known) on which the disputed transaction occurred. Sumisho will investigate the matter and update you of the status within 48 hours after receipt of your concern.
Sumisho will investigate the matter and update you of the status within 48 hours after receipt of your concern.
13. For loan applications submitted online:
a. Client certifies that all information in the application form and all supporting documents are true and correct.
b. Client authorizes Sumisho to verify all such information and obtain additional information about himself/herself, including previous credit transactions with other institutions.
c. Client expressly waives any and all statutory provisions governing confidentiality of such information if applicable.
d. Client fully understands that any misrepresentation or failure to disclose information on his/her part as required in the loan application may cause the disapproval of the application and discontinuance of access to My MC Loan Account.
e. Client agrees and consent Sumisho to collect, use, disclose, process, retain or dispose personal information contained in the application form and/or otherwise provided the client or obtained by Sumisho in the course of its verification process in compliance with Data Privacy Act (R.A. No. 10173) and its implementing rules and regulations.
f. Client agrees that the application remains Sumisho’s property and the same may be used at its discretion whether the credit is granted or not.
g. Upon acceptance of the application, Client legally and validly binds himself/herself to the applicable Terms and Conditions of the loan, including but not limited to joint and several liability for all charges, fees and other obligations incurred thru the availment of the loan.
h. Client authorizes Sumisho to report and/or include his/her name and other pertinent information about his/her loan history in any credit bureau or institution.
i. Client expressly authorizes Sumisho to send updates about his/her loan via SMS/text, email, mail or other means of communication.
1. Sumisho may amend/supplement the My MC Loan Account Terms and Conditions from time to time.
2. Changes in Terms and Conditions pertaining to My MC Loan Account shall be communicated to Client via his/her registered e-mail address or through the My MC Loan Account website, or by posting the same in a conspicuous place within Sumisho premises.
VIII. DEACTIVATION OR TERMINATION
1. Sumisho reserves the right to deactivate Client’s account from My MC Loan Account without prior notice, due to mishandling of accounts as defined by standard operating procedures, or, if in the Sumisho’s judgment, Client’s continued access to My MC Loan Account may adversely affect the credibility/security of the system. While such deactivation may be temporary, Sumisho reserves the right to permanently delist Client from My MC Loan Account.
2. Sumisho reserves the right to permanently deactivate Client’s Account from My MC Loan Account without prior notice in case of the Client’s failure to activate it for a period of three (3) years from registration, or from the Client’s failure to maintain any active account with the Sumisho. In permanently deactivating the Client’s Account from My MC Loan Account, the Sumisho shall have the right not to include the same in the Sumisho’s system or pool of registered online accounts.
3. Sumisho may terminate this agreement once the account becomes closed, dormant, garnished, escheated, or for whatever reason, without the need of prior notice to Client.
IX. GOVERNING LAW
1. This Agreement shall be governed by the pertinent laws of the Republic of the Philippines as well as all applicable rules and regulations of the Securities and Exchange Commission and the Bangko Sentral ng Pilipinas. Should judicial action be necessary to enforce this Agreement, venue shall be in Makati, Philippines or in such place where the Sumisho maintains a branch, at the Sumisho’s option. In case of suit or where collection is referred to a collection agent, Client agrees to pay attorney’s fees equal to of the total demand but in no case less than P5,000 and liquidated damages equal to of total claim aside from actual costs of collection.
X. CONSENT TO THE TERMS AND CONDITIONS
1. Client hereby accepts and agrees to be bound by the terms and conditions governing My MC Loan Account, its nature, functionalities, operating features and to pay any applicable fees associated with the use of the same.
2. Client understands that subsequent enrollment of accounts to My MC Loan Account shall be covered by the same Terms and Conditions.
3. Client likewise agrees to be bound by any and all laws, rules, regulations and official issuances applicable to My MC Loan Account now existing or which may hereinafter be issued, as well as such other terms and conditions governing the use of other facilities, benefits, or services which were made available to Client in connection with My MC Loan Account, including the full provisions in the Privacy and Security document available in the website, the salient features of which are incorporated in these Terms and Conditions.
4. Client likewise irrevocably authorize Sumisho to receive, process, store and/or disclose, without prior notice, any information, whether personal/sensitive/privileged or otherwise, concerning or related to the My MC Loan Account, User Account, services and channels, to any institution, service provider, affiliate or subsidiary of Sumisho, or third person, if necessary and/or required: (a) in order to facilitate the delivery, administration, operation and/or implementation of the My MC Loan Account t, products, services and channels; (b) for the protection and safeguarding of the My MC Loan Account account, User Account, funds, products, services and channels against fraudulent, unauthorized, or illegal transactions; (c) in the validation, verification and updating of the said information; (d) if under any agreement, Sumisho is obligated to disclose said information in order to enforce its rights or perform its obligations therein; (e) if so provided by any law, rules and regulations of any government agency having authority or jurisdiction over the Sumisho; (f) in the prosecution of Sumisho’s claims for any loss or damage if sustained, or by its officers, employees and agents as a result of any dispute or claim, whether or not filed in court, involving the My MC Loan Account account, User Account, funds, products, services and channels; or (g) for the insurance or otherwise against all kinds of risks against any loss or damage including but not limited to fraud or unauthorized charges.
5. Client likewise expressly waives his/her rights under any confidentiality laws, either in the Philippines, or other jurisdictions, including but not limited to RA No. 10173 (Data Privacy Act of 2012), and authorizes the processing and storing, access to and/or sharing and disclosure of any information regarding the My MC Loan Account account(s), services and channels which is/are availed pursuant to these Terms and Conditions.