ATOME CARD MEMBERSHIP TERMS AND CONDITIONS

These terms and conditions ("Terms and Conditions") apply to and regulate the provisions of the Atome Card issued by Asia United Bank (“the appointed Issuer ” or “ Issuer ”) and powered by MatchMovePay Pte Ltd (“ MatchMove ”). The Atome Card is offered through the Atome Mobile App, of which Apaylater Philippines Inc. (“ Apaylater PH ”) is the payment partner with an operator of payment system license, and Neuroncredit Financing Company Inc. (“ Atome PH ”) which is the operator of the online lending platform and lender on record to the User.

By completing the sign-up process for the Atome Card and its services, you are deemed to have expressly read, understood and accepted these Terms and Conditions. You agree to be bound by each and every provision of the Terms and Conditions mentioned herein, as may be amended from time to time.

In this agreement, “We”, “Us” or “Our” generally refers to the appointed Issuer/Bank, unless otherwise specifically indicated in this Terms and Conditions to be Atome PH or Apaylater PH or MatchMove. “You” or “Your” refers to the individual purchasing or using the Atome Card.

The following definitions shall apply to the terms and conditions herein:

1. Definitions

The following definitions shall apply to the terms and conditions herein:

“ AMLA ” – Anti-Money Laundering Act, as amended;

“ AMLC ” – Anti-Money Laundering Council;

“ Applicable Laws ” – federal, state, territorial, foreign or local laws, common laws, statutes, ordinances, rules, regulations, codes, measures, notices, circulars, opinions or orders of any Regulatory Authority in Philippines;

“ ATM ” – Automatic Teller Machine, providing cash withdrawal and other services as enabled by ATM provider;

“ Atome Mobile App ” – Mobile application available for its consumers operated by A tome PH which will enable Users to access the Atome Card functionalities;

“ Atome Card ” - a prepaid or pre-funded physical and/or virtual card, issued by the appointed Issuer, powered by MatchMove and funded by Atome PH, which allows a qualified Atome Card User to use an approved and available spending limit in Philippine Pesos for the purchase of goods and services;

“ Atome Card User ” – a registered holder of the Atome Mobile App who has applied for the Atome Card and has successfully completed KYC requirements and eligibility criteria to obtain an Atome Card;

“ Bancnet ” – an ATM switch operator in the Philippines, which operates a multi-bank, multi-channel electronic payment network allowing its members’ customers to do transactions at Point-of-Sale (POS) and Automated Teller Machines (ATMs) terminals;

“ Bank ” – Asia United Bank ( the appointed Issuer);

"BSP" - Bangko Sentral ng Pilipinas;

“ Card ” – Physical or Virtual Card issued for Atome Card;

“ CVV ” – Card Verification Value - security code provided to each issued payment card used for verification of the legitimacy of a card transaction request. The CVV may be a 3 or 4 digit numeric code printed or displayed on the front or back of the Atome Card;

“ KYC ” – know-your-customer procedures, which may be conducted for purposes of complying with anti-money laundering and similar regulations;

“ Lender ” or “ Atome PH ” - Neuroncredit Financing Company Inc;

“ MC ” or “ MasterCard ” – global payment card scheme;

“ OTP ” – additional authentication method in the form of one-time-password distributed to Atome Card User‘s registered mobile phone;

"Parties ” – all of Atome PH, Apaylater PH, the appointed Issuer, and MatchMove; and “Party” means any one of the Parties;

"PHP ” – Philippine Pesos

“ PH ” – Philippines;

“ Physical Card ” – a plastic payment card linked to an Atome Card that may, upon successful activation, be used for payment transactions;

“ Point-of-sale (POS)” – a physical place where Users can execute a transaction using Physical Card;

“ Virtual Card ” – a digital/electronic payment card linked to Atome Card that may be used for E-commerce payment transactions.

2. Atome Card

The Atome Card is an extension of the Buy Now Pay Later (BNPL) business model of Atome PH. It is issued by the appointed Issuer, and it enables a qualified Atome Card User to receive and use an approved and available spending limit on a per-transaction basis in PHP funds for the purpose of making purchases of goods and services, including, but not limited to, via the following:

(a) Point-of-sale purchase (POS) at a terminal using Physical Cards;

(b) E-commerce transaction using Virtual and/or Physical Cards;

(c) In-app purchase using Atome Card functionalities, e.g. bill payment, telco purchase and/or others, once the said features are available;

(d) Other methods that Parties agree in writing to enable for Atome Card usage; (“Atome Card ”).

The Atome Card is not a deposit account; therefore, the spending limit is not covered by the Philippine Deposit Insurance Corporation (PDIC). The Atome Card does not earn any interest.

The Atome Card, its issuance, maintenance, processing and operation, including all transactions involving the same, shall be subject to these terms and conditions, applicable policies and procedures of Atome PH, Apaylater PH, the Bank, respectively, and the prevailing regulations, guidelines, and issuances of the BSP and the AMLC.

The Atome Card is non-transferable, and it cannot be used by any person other than the Atome Card User.

3. Responsibility of the Atome Card User

The Atome Card User acknowledges that access to the Atome Mobile App is required to access the Atome Card and other functionalities and that the Atome Mobile App uses single sign on (SSO) authentication.

The Atome Card User also acknowledges that it is his/her responsibility to secure his/her mobile device at all times. To help ensure the security of transactions coursed through the Atome Card, as well as the Atome Card User’s personal information that may be associated with the Atome Mobile App and Atome Card, the Atome Card User hereby agrees to strictly comply with security measures, such as, but may not be limited to the following:

(a) keep the Atome Card number, CVV, OTPs and any system-generated one-time passwords/codes etc. confidential; Atome PH may, at its option, assign a one-time password (OTP);

(b) not engage in any activity that would otherwise compromise his/her personal and Atome Card information;

Atome Card User also acknowledges that making a copy of his/her Atome Card in any form and/or sharing the same may lead to unauthorized use or access of the Atome Card, among other consequences, especially if posted on social media, and similar channels.

4. Atome Mobile App Registration and Atome Card Application

To apply for and use the Atome Card, the customer must first download the Atome Mobile App, register as an Atome Mobile App User, and then successfully complete KYC requirements and eligibility criteria for the Atome Card.

Atome PH may decline requests for Atome Mobile App registration and/or Atome Card application, without providing any reason therefore.

5. Physical Card Issuance, Delivery and Activation

Once successfully registered with Atome Mobile App and approve for an Atome Card, Atome Card User may request for the issuance of only one (1) Physical Card. Nevertheless, the Atome Card User is allowed to have a Virtual Card, without a Physical Card.

The Atome Card User authorizes Atome PH (including Atome PH’s couriers) to deliver the inactive Atome Card to the delivery address provided by the Atome Card User in the Atome Card issuance request. The Atome Card User or Atome Card User’s duly authorized representative may, as applicable, present a valid ID before the Atome Card is released to him/her.

The Physical Card is inactive upon issuance and will be activated upon successful completion of the Atome Card activation process. For Physical Card activation, Atome Card User must have the Physical Card in his/her possession and is required to follow the activation instructions provided by Atome PH. Physical Card activation is required to enable Physical Card transactions, such as but not limited to offline transactions, E-commerce transactions or POS transactions. The appointed Issuer and Atome PH reserve the right to deny activation requests, cancel the Physical Card, or decline transactions using the Physical Card, without providing any reason therefore.

By activating the Physical Card, Atome Card User assumes any and all risks associated with the use of a Physical Card, including without limitation the risk of fraud.

6. Virtual Card Generation and Activation

The Atome Card User agrees that one (1) Virtual Card will be automatically generated for the Atome Card User upon Atome Card activation, without the need for any request from the Atome Card User. The Virtual Card is active immediately upon generation.

The appointed Issuer and Atome PH reserve the right to deny Virtual Card generation, cancel the same, or decline transactions undertaken using the Virtual Card, without providing any reason therefore.

Atome Card User assumes any and all risks associated with the use of a Virtual Card, including without limitation the risk of fraud.

7. Atome Card Acceptance

The Atome Card may be used at any merchant/establishment where MasterCard is accepted, whether in-store or on-line.

The appointed Issuer, Atome PH, and MatchMove shall endeavor to provide continued services. Nevertheless, the appointed Issuer, Atome PH, Apaylater PH and MatchMove shall not be responsible/liable to the Atome Card User if, for any reason, the Atome Card is not accepted at any merchant or establishment. The Atome Card User agrees to hold the appointed Issuer, Atome PH, and MatchMove, and their directors, officers, employees, and representatives irrevocably free and harmless from any and/or all claims for damages arising from, resulting from, or in connection with the failure or refusal of any merchant/establishment to honor the Atome Card. Atome Card User shall always carry an alternative payment method and shall not rely solely on the Atome Card to process payment of goods and/services purchased and/or money transfers.

The Atome Card User accepts full responsibility for all transactions made with the use of the Atome Card, regardless of whether the same shall have been made without his/her knowledge or authority or his/her signature or mPIN/PIN.

All transactions using the Atome Card shall be deemed to have been made with the knowledge and/or authorization of the Atome Card User and shall be valid and binding upon the Atome Card User. The Atome Card User accepts the record of transactions as conclusive and binding for all purposes in the absence of manifest error promptly brought to the attention of Atome PH in writing within thirty (30) calendar days from transaction date.

8. Atome Card Security Proclamation

The Atome Card User is solely responsible for the security of his/her Atome Card at all times, including without limitation in connection with the use of the Atome Card to purchase goods and/or services through online internet sites or portals.

The Atome Card User agrees that (i) using his/her Atome Card at POS, (ii) providing his/her Atome Card information on the internet, (iii) submitting transaction using Atome Card funds via Atome Card is sufficient proof that the use of the Atome Card was proper and authorized. The Atome Card User acknowledges that neither the appointed Issuer, Atome PH, nor MatchMove are required to verify the identity or authority of a person entering Atome Card information.

The Atome Card User understands and agrees that any transaction using Atome Card funds may be declined if, at the sole determination of the appointed Issuer, Atome PH, Apaylater PH, or MatchMove, there is any reason to doubt the authenticity of the transaction, or if there are any grounds to suspect unlawful or otherwise improper behavior, whether the doubts or suspicions turn out to be correct or not, and/or if system authorization of the transaction was not successful for any reason.

9. Spending Limit

The Atome Card User may avail of the spending limit set in his/her Atome Card by Atome PH, subject to such terms and conditions on the availment as agreed upon between Atome Card User and Atome PH. Atome PH has the sole discretion to determine the amount of spending limit set in the Atome Card. Atome PH reserves the right to set minimum and maximum spending limit in the Atome Card and the limits applicable to participating merchants, and/or other business needs. Atome PH likewise reserves the right to assess and then approve or deny transactions undertaken within the provisional spending limit. Atome Card User agrees to abide by Atome PH’s decision on the amount of spending limit granted to the Atome Card User.

10. Restrictions on Transactions

The Atome Card User agrees not to use the Atome Card for the purchase of items/goods for importation which is subject to the provisions of prevailing laws, rules and regulations on foreign exchange and/or importation of goods. Moreover, the Atome Card shall be used for legitimate transactions or charges only; it shall not be used for gambling or games of chance or for transactions whose cause, object, or purpose is contrary to law, morals, good customs, public order or public policy (“Unacceptable Transactions ”). The appointed Issuer and Atome PH reserve the right to terminate or cancel Atome Card privileges and/or transactions should the appointed Issuer and/or Atome PH determine that the Atome Card is being used for, or in connection with, Unacceptable Transactions. Moreover, in the event that the appointed Issuer and/or Atome PH determine that the Atome Card is being or has been used in connection with gambling or games of chance, other void transactions or Unacceptable Transactions, including use of the Atome Card to transmit or receive proceeds of gambling or games of chance, the appointed Issuer and/or Atome PH reserve the right to take legal action against the Atome Card User or his/her representatives, successors or assigns, in connection with the Atome Card and/or the Atome Card transaction/s, including but not limited to the restriction of access to or cancellation of the Atome Card, suspension or the reversal of the transmittal or the transaction, or the return the proceeds to the sender. The same shall be without prejudice to the filing of a report to the BSP, AMLC, or other appropriate government agency. These restrictions shall apply to all transactions involving the Atome Card, whether via Atome Card at the POS, offline or online.

11. Disclaimer of Warranties

Except as set out in these Terms and Conditions, all warranties, conditions, and other terms, implied by law or statute, that may be attributed to the appointed Issuer, Atome PH, Apaylater PH or Matchmove are excluded from these Terms and Conditions.

Atome Card functionalities are offered on an “as available” basis without warranties of any kind other than those required by applicable law and regulations.

The appointed Issuer, Atome PH, Apaylater PH and MatchMove do not represent or warrant to the Atome Card User that: (i) the content and data/information provided in the Atome Card or in relation to Atome Card services are always accurate, (ii) the use of the Atome Card will always meet his/her requirements; (iii) Atome Card services will be at any moment accessible, uninterrupted, timely, secure or free from error; and (iv) transactions/transaction requests involving the Atome Card or other requests related to Atome Card services will be accepted or honored at all POS/merchant establishments/online/other channels enabled for Atome Card usage.

The appointed Issuer, Atome PH, and MatchMove may decline to process any transaction and/or request related to Atome Card without prior notice to the Atome Card User or the relevant merchant.

Atome Card User must be careful when making online transactions. In case of problems with transactions or information transmitted using electronic devices like computers or smartphones, the appointed Issuer, Atome PH, Apaylater PH and MatchMove will not be liable for losses or damages or for any indirect loss of profit or damage from using or being unable to use the Atome Card or for any losses or damages involving the use of the same beyond the control of the appointed Issuer, Atome PH, Apaylater PH and/or MatchMove. The appointed Issuer, Atome PH, Apaylater PH and MatchMove shall not be liable for any loss, cost, compensation, damage, or liability to Atome Card User and/or third party arising from:

(a) unsuccessful access attempts to Atome Card, delay, interruption or cancellation of transactions using Atome Card services, no matter if caused by a mistake, error, technical, system failure or any other reason beyond the control of the appointed Issuer, Atome PH, and/or MatchMove (“Force Majeure ” events);

(b) loss, theft or unauthorized use of Atome Card resulting in financial loss, costs, or damages to Atome Card User or payable to any third party;

(c) decline of Atome Mobile App registration, Atome Card application, Atome Card activation/unblocking, authorization of transaction, transaction request, or attempt or other interruption/cancellation/termination of transactions or transaction requests involving Atome Card services;

(d) Atome Card blocking, termination, closure or other limitation of services due to void, suspicious or Unacceptable transactions, fraud and security monitoring steps, AML requirements, compliance and regulatory requirements, participating merchant/partner requests, or other internal reasons of the appointed Issuer, Atome PH, or MatchMove;

(e) any misinterpretation or violation by the Atome Card User of these Terms and Conditions, marketing communications in relation to the Atome Card, Atome Card functionalities, loyalty benefits, rewards, or other related communication from Atome PH to the Atome Card User;

(f) any claims, dispute, or contradictions related to the Atome Card, transactions or Atome Card funds;

(g) unauthorized, criminal, unlawful, or fraudulent acts associated with the Atome Card or the use of Atome Card User information;

(h) malfunction of the electronic device used for the Atome Card, including any resulting delay in the crediting of funds or debiting of payments;

(i) disruption, failures, or delays of transactions or where the Atome Card is not being honored or being declined;

(j) inaccurate, incomplete, or delayed information or negative consequences due to the failure of internet or communication facilities for the Atome Card, or where the internet use violates laws, regulations, or intellectual property rights;

(k) loss, injury, or damage caused by third parties or others;

(l) prejudicial, unauthorized or fraudulent transactions or transactions that violate the policies of the appointed Issuer, Atome PH, Apaylater PH and /or MatchMove, or existing laws and regulations; or

(m) any circumstance analogous to any of the foregoing.

In case concerns arise from the use of the Atome Card or transactions thereon, the Atome Card User likewise agrees that the appointed Issuer and/or Atome PH will make the necessary corrections. These cover incorrect or cancelled transactions, excess amounts made or credited to the Atome Card, or if in case of suspicious or fraudulent activity, the appointed Issuer and/or Atome PH will automatically reverse the transactions and/or deduct the corresponding amounts from the Atome Card and/or return the same to the sender. The appointed Issuer, Atome PH, Apaylater Ph or Matchmove may close or hold the Atome Card and/or refuse the continued use of the Atome Mobiile App.

12. Transaction Verification

The Atome Card User acknowledges that inquiries through any offline merchants can be made only by using a valid Physical Card together with correct signature, while any inquiries via Virtual Card can be done only via registered Atome Mobile App upon card number and CVV verification.

13. Security

The Atome Card User acknowledges that his/her card number/CVV for applicable transactions shall only be known /accessed by him/her, and not by anyone else. The Atome Card User is required to keep his/her card number/CVV confidential at all times and shall not disclose his/her card number/CVV to anyone. All transactions processed through the use of the Atome Card and card number/CVV shall be conclusively presumed to be with the full knowledge and authorization of the Atome Card User, who shall accept full responsibility for all such transactions processed. The Atome Card User shall hold the appointed Issuer, Atome PH, Apaylater PH and MatchMove irrevocably free and harmless from any and all losses, damages or liabilities he/she may suffer as a consequence or result of his/her disclosure of or negligence in relation to his/her Atome Card number/CVV.

14. Atome Card Inactivity

An Atome Card is considered inactive when it has not been used by a Atome Card User for any financial transaction for a period of twelve (12) months from date of registration or six (6) months from the last approved transaction date, whichever comes earlier and regardless of whether an Atome Card is with or without a remaining spending limit.

The appointed Issuer and/or Atome PH reserve the right to terminate any inactive Atome Card and for Atome PH to apply fees and charges as indicated on the Table of Fees and Charges as stated on Clause 21.

15. Loss of the Atome Card

In case a Atome Card is lost/stolen/misused for any reason, the Atome Card User should immediately report any loss/theft/misuse of the Atome Card via the Atome Contact Center number as indicated at the back of the Atome Card. After Atome PH receives a duly verified report of the loss/theft/misuse of the Atome Card, Atome Card will be blocked. Prior to the receipt of such report, the Atome Card User agrees to be held liable and not to be reimbursed for any and all cost/transactions, purchases and charges made or incurred through the lost/stolen/misused Atome Card, including any associated cost/transactions on mobile device with Atome Mobile App installed.

Atome Card User may request for an issuance of a replacement Card, which is subject to a fee as defined in Table of Fees and Charges.

16. Expiry and Renewal of the Atome Card

The Atome Card shall be valid from the day of the issuance of the Atome Card up to date indicated on the face of the Atome Card (the expiry date) unless terminated by the appointed Issuer or Atome PH pursuant to Clause 23, or as voluntarily cancelled or returned by the Atome Card User. The Atome Card will not be automatically renewed. The Atome Card User has to request for an issuance of a new Card via Atome PH using the Request New Card functionality, and subject to the applicable fees as laid out in the Table of Fees and Charges. The Atome Card User must fulfill all requirements set by the appointed Issuer and/or Atome PH at point of application. the appointed Issuer or Atome PH have the right to approve or reject the issuance without the need of disclosing the reason/s therefore.

17. Account Statement and Bill Payment

1.1 A monthly billing statement shall be sent to the Atome Card User through the Atome Mobile App. In addition to notifications of the monthly billing statements sent through the Atome Mobile App, the monthly billing statements shall likewise sent through notifications via EDMS and SMS. The Atome Card User may check the spending limit and transactions through the Atome Mobile App. The Atome Card User may also request for the transaction history. The Atome Card User may also check the spending Limit via Atome Mobile App.

Atome Card User agrees that Apaylater PH will do auto-deduct on each statement’s due date and after. The primary card binded to the Atome Mobile App will be chosen as the source of funds from which auto-deduction will be made.

Apaylater PH may request/require the Atome Card User to bind a payment card in the form of a debit and/or credit card to his Atome Mobile App for this auto-deduction purposes. If the primary card binded by the Atome Card User cannot be deducted successfully, Apaylater PH may also deduct from other binded card(s) in the Atome Mobile App (if any).

Apaylater PH has the right to do auto-deduction in the amount of the account statement’s full amount. If the Atome Card balance is not sufficient to pay for the full amount, Apaylater PH will deduct the required repayment amount from other binded card(s) in the Atome Mobile App (if any).

18. Collection and Processing of Information

The Atome Card User expressly consents to the collection, use, storage, disclosure, updating and processing by Atome PH of any information provided by the User or by whatever source in relation to or in connection with the User’s obtaining of the spending limit under this Terms and Conditions, including any information provided arising from a prior transaction with Atome PH.

Further provisions with regard to the collection and processing of information are governed under the Data Privacy Policy, which includes the Atome Card User’s rights as data subjects, at https://www.atome.ph/privacy-policy.

The Atome Card User also understand that the Atome Card User may access, update or correct the submitted personal data and/or withdraw the Atome Card User’s consent under this form by reaching the Atome Data Privacy Officer with the following contact information: dpo@apaylater.com.

19. Service Charges and Other Fees

The Atome Card User recognizes Atome PH ’s right to impose, charge up-front, or automatically deduct from Atome spending limit charges such as service fees, loading fees, switch/network payment fees, service fees on transactions, and other fees on any or all of its products, services, and facilities as defined in Table of Fees and Charges. The Atome Card User agrees to pay such service charges and fees that may now or in the future be imposed by Atome PH. The amount of said service charges and fees may also be revised by Atome PH from time to time. The Atome Card User shall be notified of new or revised charges or fees thru any of the following: (i) Atome website; (ii) Atome Mobile App or (iii) other communication channels available to Atome.

Transactions made in foreign currencies shall be automatically converted to PHP using MasterCard’s selected foreign exchange rate. From the PHP conversion, there shall be added MasterCard’s Issuer Cross Border and Currency Conversion Assessment fees. An additional service fee shall be charged by Atome PH according to the Table of Fees and Charges.

All fees shall be imposed at Atome’s sole and absolute discretion, and may be subject to change with 60 days’ prior notice.

20. Table of Fees and Charges

The applicable fees and charges shall refer to the following Table of Fees and Charges and shall be subject to change with 60 days’ prior notice.

For the avoidance of doubt, below are the definition of each fee charged by Atome PH:

(i) Interest Fee – occurs when Atome Card User converts billing amount to month ly installment repayments

(ii) Late Fee – occurs when the Atome Card User fails to make the required repayment of the monthly billing provided in the Atome Mobile App;

(iii) Card Replacement Fee – occurs when Atome Card User requests for a card replacement;

(iv) Cross Border Fee – occurs when a transaction is made in a foreign country or processed by a foreign bank, either online or offline;

(v) Payment Service Fee – occurs when repayment is made by card payment method (including pre-paid, debit & credit card).

Item	Price
Interest	2% - 6% of total principal amount, excluding accrued Interest or Late Fee – on a monthly basis
Late Fee	5% of outstanding amount, excluding accrued Interest or Late Fee – on a monthly basis
Card Replacement Fee	400 PHP per card
Foreign Exchange Conversion Fee	3.10% of transaction amount (includes 1.98% service fee and 1.12% cross border processing fee levied by MasterCard.)
Payment Service Fee	1% of statement amount (minimum fee of 1PHP, capped at 100 PHP)

21. Refunds Policy

If you wish to request for a refund from the merchant, the standard refund process of the merchant will apply. If there is a dispute with respect to a payment, a refund for the transaction will be made to you only after the merchant has refunded the payment to us or a decision has been made after the investigations by MasterCard.

For refunds regarding cross border transactions, if it is a pending transaction that has not been processed on the card network, we will refund the transaction amount and cross border fees back to you on behalf of MasterCard.

For a post transaction that has been processed on the card network, we will refund only the transaction amount back to you on behalf of MasterCard.

22. Customer Support

For any card related enquiries, please contact us at or to seek any form of redress, support@atome.ph.

For lost and stolen card or any potential fraud activities, you may reach out to us at our 24/7 Lost and Stolen Hotline at +63 82 2361011.

23. Compliance with Existing Laws

The Atome Card User hereby warrants that the use of the Atome Card, including but not limited to the transfer and/or receipt of funds using the Atome Card and the available channels for the Atome Card, do not and will not violate the AMLA, or other applicable laws, rules, or regulations. By agreement to this Terms and Conditions or using the Atome Card, the Atome Card User hereby agrees to render the appointed Issuer, Atome PH, Apaylater PH and MatchMove, and their officers, employees, and representatives, free and harmless and indemnified from any liabilities, damages, suits, or causes of action whatsoever which may arise from any violation of said laws, rules, or regulations.

Moreover, the appointed Issuer, Atome PH or MatchMove, upon reasonable suspicion of fraud, irregularity, or anomaly involving the Atome Card, may suspend or block Atome Card with or without notice, and initiate investigation.

The appointed Issuer, Atome PH, Apaylater PH or MatchMove will comply with government or court issues any orders concerning the Atome Card, based on their sole discretion and assessment, if necessary.

24. Termination by Us

We may terminate the Atome Card in the event Atome Card User: (i) fails to comply with any of the Terms and Conditions governing the use of the Atome Card as determined by Us, or (ii) fails to observe any of the terms or conditions of any document or agreement which the Atome Card User executed in connection with any spending limit granted, or any product or service provided by Us, or any member of Our group of companies or any of Our subsidiaries or affiliates, or (iii) dies, or (iv) becomes bankrupt, insolvent, or undergoes receivership, or his/her property(ies) is/are levied on execution, garnished or attached, or (v) convicted for a criminal offense with final judgment carrying with it the penalty of civil interdiction, or (vi) any of the cases covered by Article 1198 of the New Civil Code (however evidenced) occur, or (vii) charged with, convicted of or under investigation by competent government authority for violation of Republic Act 8484 otherwise known as the "Access Devices Regulation Act of 1998". We may terminate the Atome Card in the event Atome Card User: (i) fails to comply with terms and conditions, agreement and/or any other document which the Atome Card User executed in connection with Atome Mobile App and/or any product/service offered by Atome PH, or (ii) is Inactive, or (iii) is in default with any product/service provided by Atome PH or (iv) is required to be discontinued from usage of Atome Card for Atome PH internal, regulatory or other objective reasons, or (v) is required by implementing orders from government agencies or courts. We are entitled to exercise the appropriate rights and remedies provided under these Terms and Conditions and shall not in any way be responsible for any liability.

The Atome Card User agrees that We will not be responsible for the above issues and further agrees to hold the appointed Issuer, Atome PH, Apaylater PH and/or MatchMove, and Our directors, officers, and personnel, free from any liabilities and not to take any action against Us. Depending on the situation, We may have to charge the Atome Card User with additional fees. These include accrued interests, as well as attorney’s fees if We need to take judicial or extra-judicial action to collect on what We are owed. The Atome Card User agrees to pay an extra 20% of the total amount due, but no less than Php5,000. While We hope We can always resolve concerns amicably, in case legal action must be taken, the venue will be exclusively in Pasig City.

25. Right to Offset

In case Atome Card User is in default under the appointed Issuer Atome Card services and provided that all the requisites of Article 1279 of the New Civil Code are present, Atome Card User authorizes the appointed Issuer/ Atome PH to set-off or apply to the payment of obligations any funds which the Atome Card User have made available as spending limit including all taxes, charges, expenses or other costs that may arise in relation to defaulted product/service.

26. Rewards and Loyalty Benefits

Atome PH may offer Atome Card User rewards and benefits for using Atome Card services. The definition of rewards and benefits as well as conditions to obtain them shall be at Atome PH’s sole discretion. The Atome Card User acknowledges and agrees that he/she has no legal or demandable right to obtain benefits and/or rewards related to Atome Card services.

The Atome Card reward program, if any, shall be sponsored by Atome PH and governed by separate terms and conditions. For any complaints or disputes related to rewards and benefits, an Atome Card User shall reach out to Atome Contact Center directly.

27. Update and Change of Contact Details and Other Atome Card User Information

The Atome Card User shall update his/her contact details annually or as required by us. This includes contact details such as residence, office and/or mailing address, telephone numbers and/or electronic mail address, civil status, and such other data previously indicated in the Atome Card User registration (the Contact Details and Atome Card User Information) via Atome Mobile App or by calling Atome Customer Service. The Atome Card User shall likewise notify Atome immediately of any change in Contact Details and Atome Card User Information. Upon updating his/her Contact Details and/or Other Atome Card User information the Atome Card User acknowledges and authorizes the transfer, disclosure, and communication of any information relating to Atome Card with Atome PH or the appointed Issuer and/or their parent companies, subsidiaries or affiliates, as well as third party providers, agents, and representatives for purposes of data processing and storage, customer satisfaction surveys, product and service offers and updates through post, email, fax, SMS, telephone, and/or any other purpose deemed by Atome PH or the appointed Issuer as appropriate and relevant to the Atome Card User and/or as may otherwise required by applicable laws, rules, and regulations. The Atome Card User also authorizes the submission and disclosure of his/her credit information to the credit bureau as may be necessary to comply with RA 9510 and its implementing rules and regulations. The Atome Card User agrees to hold the appointed Issuer, Atome PH, Apaylater PH, or MatchMove free and harmless from any liability arising from Atome Card User’s failure to update his/her contact details or from any communication/correspondence/parcel being viewed and/or accessed by any person other than the Atome Card User.

28. Amendment

The appointed Issuer or Atome PH may, at any time and for whatever reason the appointed Issuer or Atome PH may deem proper, amend, revise, or modify this Agreement, upon prior notice to the Atome Card User. Any such amendment shall bind the Atome Card User upon the date of effectivity as specified in the said notice and the continued use by the Atome Card User.

29. No Liability

The appointed Issuer, Atome PH, Apaylater PH, and/or MatchMove shall not be liable for any loss or damage of whatever kind or nature in connection with these Terms and Conditions or any transaction involving the Atome Card in any of the following instances – (1) Disruption, failure or delay relating to or in connection with any transaction contemplated under this Terms and Conditions or in respect of the Atome Card due to circumstances beyond control of the appointed Issuer, Atome PH, Apaylater PH, and/or MatchMove; (2) Loss or damage which the Atome Card User and/or any third party may suffer arising out of, in relation to, or in connection with any fraudulent or unauthorized use of the Atome Card such as but not limited to theft or unauthorized disclosure of the Atome Card’s card number/CVV or any violation of other security measures with or without the participation of the Atome Card User, the appointed Issuer, Atome PH, Apaylater PH, and/or MatchMove shall not at any time be held liable for any direct or indirect loss, loss of profit or absolutely all forms of damages that the Atome Card User and/or any third party may suffer or has suffered by reason of the use of or any failure or inability to use the Atome Card properly in accordance with or as contemplated under this Terms and Conditions, or any negligence of the Atome Card User.

30. Consent of Processing Information

The Atome Card User expressly agrees and consents, without need of notice, to the collection, recording, organization, storage, updating, retrieval, consultation, inquiry, validation, use, consolidation, blocking, erasure or destruction of all information relating to the Atome Card User in connection with, or arising from registration and/or use of the Atome Card, by whatever source not limited to any or all of the following: (i) the appointed Issuer, Atome PH, Apaylater PH, and MatchMove, and their subsidiaries, affiliates, agents, third parties, and related interests that provide services or have contractual obligations with the appointed Issuer, Atome PH, and/or Matchmove, whether organized in the Philippines or in other jurisdictions; (ii) participating merchants, payments technology company(ies), credit information/investigation companies, financial institutions, credit bureaus, loyalty program partners, consumer reporting or reference agencies, whether based in the Philippines or other jurisdictions; (iii) government regulatory agencies/bodies having authority or jurisdiction over the appointed Issuer or Atome PH, or their respective subsidiaries, affiliates and related interests; (iv) entities engaged by the appointed Issuer, Atome PH, and MatchMove, their subsidiaries, affiliates and related interests to facilitate administration, servicing, and implementation of the Atome Card, as well as other products, services, facilities and channels; and, (v) such other persons or entities that the appointed Issuer, Atome PH, and MatchMove may deem as having authority or right to such information, as and when required by the circumstances.

The Atome Card User expressly agrees to share his/her personal data with the appointed Issuer, Atome PH, Apaylater PH, and MatchMove, and their parent companies, subsidiaries and affiliates as well as authorized agents or third parties that provide services or have contractual obligations with the appointed Issuer/Atome PH/Apaylater PH/MatchMove (“Group ”) for the following purposes:

1. For Atome PH/Apaylater PH, members of the Group, and Atome PH/Apaylater PH accredited third party service providers and program partners: (i) to further secure the Atome Card User from fraud, unauthorized and illegal transactions, and anti-money laundering and terrorist financing risks, (ii) to provide Atome Card User with a customized experience and/or to offer the Atome Card User products and services that are relevant and suitable, (iii) to participate in any automated teller machine network, electronic fund and/or credit card network; (iv) to validate, verify and/or update provided information and supporting documents, and (v) to comply with applicable laws, rules, regulations, contractual obligations, or orders of courts or quasi-judicial and administrative offices; and

2. As may be necessary in the settlement of disputes or claims regarding the Atome Card User’s account or in defense of Atome and/or any of its officers and personnel.

The Atome Card User recognizes that the appointed Issuer, Atome PH, Apaylater PH, and MatchMove is committed to protect the Atome Card User’s personal data against unauthorized processing by complying with applicable laws, rules and regulations on data privacy, such as but not limited to the Data Privacy Act of 2012 (Republic Act No. 10173) and its implementing rules and regulations; and other confidentiality rules.

The Atome Card User confirms that the Atome Card User may view the Data Privacy Policy at any time, which includes the Atome Card User’s rights as data subjects, at https://www.atome.ph/privacy-policy.

The Atome Card User agrees that if the Atome Card User withdraw his/her consent to the processing of the personal data, or if the Atome Card User terminate the relationship with Atome, Atome has a period of five (5) years within which to delete and securely dispose the personal data, unless a longer retention period is required under applicable laws, rules and regulations and/or Atome’s information security policy.

31. Agreement to These Terms and Conditions

The Atome Card User's acceptance herein, or Atome Card usage activation by the Atome Card User, constitutes Atome Card User’s agreement to and acceptance of these Terms and Conditions and the Terms and Conditions of the Atome App governing its products, services, facilities and channels. The Atome Card User fully understands the corresponding risk entailed in availing of such products, facilities, services, and channels. The Atome Card User agrees to any and all supplement(s), modification(s), or amendment(s) of such terms and conditions, notices of which shall be posted to Atome website/Atome Mobile App. When We make changes to Our T&Cs, the latest version will apply. The Atome Card User agrees that, by keeping and using the Atome Card, he/she accepts and agrees to the changes. If he/she does not agree with the changes, he/she may terminate his/her Atome Card. If any of the T&Cs are declared invalid or cannot be enforced, the rest of the provisions will not be affected.