GENERAL CLAUSES AND ACCEPTANCE
- By applying for or using any Account, Application, Card, or Service provided by Tonik, you acknowledge that you have read, understood, and agreed to be bound by these General Terms and Conditions as set out herein. This includes accepting any updates, amendments, or changes made to these General Terms and Conditions. You also agree to abide by our Data Privacy Statement, operational guidelines, and the specific terms and conditions applicable to each Account, Card, or Service, and to pay all corresponding fees and charges arising from their use.
DEFINITION AND INTERPRETATION OF TERMS
- In these General Terms and Conditions, unless the context otherwise requires, the following terms shall have the meanings set out below:
- “Account” refers to all deposit products of Tonik, including Tonik Savings Account, Time Deposit(s), and Solo or Group Stashes.
- “Affiliate” refers to any person, corporation, or entity that directly or indirectly controls, is controlled by, or is under common control with another person, corporation, or entity. For the purposes of this definition, “control” shall mean: (a) the direct or indirect ownership of more than fifty percent (50%) of the voting shares or equity interest of such person, corporation, or entity; or, (b) the ability to appoint or remove a majority of the members of the board of directors or other governing body of such person, corporation, or entity. The terms “controlling,” “controlled by,” and “under common control with” shall be interpreted accordingly. Tonik Financial India Pvt. Ltd., and Templetech Finance Corp., Doing Business Under the Names Tendo and Tendo by Tonik are Affiliates of Tonik.
- “Application” refers to Tonik Mobile Banking Application.
- “ATM Network Participant/s” refers to banks and other financial institutions that are, or may in the future become, members or affiliates of BancNet and Mastercard, or such other ATM networks or organizations that will allow Tonik ATM/Debit Cards to be used in their ATM systems and facilities.
- “Banking day” means any day, except a Saturday, Sunday, or public holiday, when banks are generally open for business in the Philippines and in Pasig City.
- “BSP” means Bangko Sentral ng Pilipinas, or the Central Bank of the Philippines.
- “Card” means Tonik ATM/Debit Card, Tonik Virtual Debit Card, and other ATM/Debit Cards that may be issued or acquired by Tonik in the future.
- “Card Security Code” or “CVC Code” means the three (3) digit number displayed on the Tonik Virtual Debit Card or at the back of the Tonik ATM/Debit Card, which is used to make purchases or payments online.
- “Deposit Account” refers to any account maintained with Tonik for the purpose of depositing, holding, or transacting funds. This includes, but is not limited to, your Tonik Savings Account, Time Deposit, Solo Stash, and Group Stash, as well as any other savings, time deposit, or similar accounts that Tonik may offer from time to time.
- “Financial Transaction” means customer-initiated action that involves the transfer of money or funds within an Account or between Accounts.
- “Group Stash” means a saving vault involving an owner and other Tonik customers that can be opened from the owner’s Tonik Savings Account.
- “One Time Password” or “OTP” shall mean an authorization code sent to the registered mobile phone number to verify a customer’s identity and to authorize transactions.
- “Overdraft” means a deficit in an Account caused by any Financial Transaction debiting money from the Account that exceeds the Account’s remaining and/or available balance.
- “Password” shall mean a personalized alphanumeric code used to access the Application.
- “Personal Identification Number” or “PIN” shall mean a personalized digit code used to access the Application or Card and make ATM and/or POS transactions.
- “Personal Information” has the meaning given to it under Republic Act (R.A.) No. 10173, or the Philippines Data Privacy Act of 2012 (“DPA”), and/or Tonik’s Privacy Statement (https://tonikbank.com/data-privacy-statement), which are hereby incorporated herein and made an integral part hereof.
- “POS” means Tonik Point-Of-Sale.
- “Service/s” refers to facilities, offering or product that are related to the use of Account, Card, or Application.
- “Solo Stash” means a saving vault involving one (1) person that can be opened from that person’s Tonik Savings Account.
- “Time Deposit” or “TD” is a bank deposit product which earns interest over a fixed term or period. The money must remain in the Account for the duration of the fixed term to earn the stated interest rate.
- “Tonik Loan Account” refers to the loan account issued to a customer or borrower upon approval and disbursement of a loan by Tonik.
- “Tonik Savings Account” refers to the main savings account that is issued to all Tonik customers upon successful onboarding.
- “Tonik”, “Bank”, “we”, “us”, “our” refers to Tonik Digital Bank Inc.
- “You”, “your”, or “yours” means any person applying for, owning, or holding an Account, or installing, registering, or utilizing the Application, or applying for or holding a Card, or applying for, availing, or utilizing a Service.
ACCESS TO THE APPLICATION
- To help protect your Account and in compliance with the rules and regulations set by different regulatory bodies, Tonik may, from time to time:
- Determine the scope of the Application;
- Make the Application available/unavailable;
- Set/change the daily cut-off times; and/or,
- Modify, suspend, or cancel any of the Services in the Application for any valid reasons, such as, but not limited to, regulatory compliance, system maintenance, security issues, fraud prevention, or other necessary operational needs.
- By continuing to use the Application after any modification or update takes effect, you are deemed to have accepted those modifications or changes. As long as you comply with these General Terms and Conditions, Tonik gives you a limited, non-exclusive, non-transferable, and royalty-free privilege to download the Application (if necessary, from an authorized third party), and install it on an end device in your sole possession and exclusive control.
- The Application may include software or components licensed from third parties. You acknowledge and accept the ownership and rights of Tonik and any such third parties, if applicable, over the Application and its licensed components.
- Tonik provides no guarantee that the Application will work without errors on your end device and network operator.
- You authorize Tonik to collect, use, and process any information generated or provided through your use of the Application (e.g., Personal Information, location data, and device information) only as needed to deliver the Services and ensure the safe and secure use of the Application.
- When you download, install, or use the Application, it may connect with third parties, such as but not limited to, distribution platform providers, network providers, or device manufacturers. These interactions may involve certain disclosures and risks, including but not limited to: (a) the potential disclosure of your Personal Information and/or other account-related information to such third parties, in which case the banking secrecy can no longer be fully guaranteed; (b) system outages, technical errors, security-related restrictions, unauthorized removal of use restrictions on your end device, or other disturbances which may temporarily prevent your access to or use of the Application; and, (c) unauthorized access, malware, or misuse of your end device that may lead to loss of your end device and/or compromise of your information. By using the Application, you are aware of, understand, and accept these potential risks.
- Tonik reserves the right to block or disable the use of the Application on any end device if its security features or settings, as defined by the end device’s operating system or manufacturer, have been modified or compromised at any time (e.g., if the device has been "jailbroken," is a rooted device, and/or runs on an emulator).
- Tonik does not guarantee that the Application will work properly on end devices which have been modified as described in the previous clause, or on older end devices that no longer meet the technical requirements needed to run the Application.
- Tonik further reserves the right to update or modify the functionality of the Application at any time without prior notice, or stop offering it altogether, subject to prior communication to all users and the BSP.
- As long as Tonik has exercised the appropriate standard of care and diligence customary in the business, Tonik shall not be held liable for any loss or damage that may result from the installation, use, or misuse of the Application.
INTERRUPTIONS IN SERVICE
- While the Application is intended to be available to you twenty-four (24) hours a day, Tonik does not guarantee that access will always be uninterrupted. Service availability may be affected by daily cut-off times, system maintenance, and/or technical issues such as, but not limited to, power, network, telecommunications, or system failures, whether scheduled or unexpected. Tonik shall not be made liable for any loss or damage, including but not limited to those imposed by third parties, that may result from these circumstances, or in relation to your use of the Application, or from any failure to complete a transaction, so long as such events are beyond Tonik’s control. The Application, including all content, features and any related Services, is provided by Tonik on an "as is" and "as available" basis and is used at your own risk, without any representations or warranties.
- Except as specified in these General Terms and Conditions, Tonik makes no warranties, guarantees, conditions, and/or terms of any kind, whether express, implied, or required by law. This includes, but is not limited to, any implied warranties of merchantability, fitness for a particular purpose, satisfactory quality, or uninterrupted and error-free access. These exclusions apply to the fullest extent permitted by applicable law.
- Tonik does not make any representation or warranty, whether express or implied, about the accuracy or completeness of the information available in the Application.
- You acknowledge and accept full responsibility for the risks that may arise from internet transactions conducted via open systems that are accessible to anyone. Although Tonik uses data encryption and industry-standard security measures, connections made from your personal computer or end devices to Tonik over the internet may still be subject to observation, interception, or unauthorized access. These risks are beyond Tonik’s control, and Tonik shall not be held liable for any resulting loss or damage. Tonik may use servers or computer systems situated in other countries to provide its Accounts, Applications, Cards, or Services. You are responsible for ensuring that your own end device and internet connection are suitable and secure when accessing these Services.
- Tonik will not be liable for any loss or damage resulting from transmission errors, system failures, technical faults, breakdowns, business interruptions, or illegal interventions into transmission networks, your IT or computer systems, or those of any third party (including systems in the public domain).
DIGITAL SIGNATURES
- You agree that Tonik may, at its sole discretion, use digital signatures including, but not limited to, digital signature equivalents such as ticking an “I accept” and “I agree” checkbox, as a valid form of your consent or agreement within the Application. You acknowledge that any document or transaction signed or confirmed in this manner shall be considered valid, binding, and enforceable, and treated as an official document issued by Tonik.
- Tonik reserves the right to enable a digital signature feature for your use. If this feature becomes available, Tonik will inform you of the minimum technical or identity requirements needed to use it. You may only use this feature once Tonik’s requirements are met. Tonik may nevertheless, at its sole discretion, decide to limit or withhold the use of digital signatures in your transactions with Tonik.
SECURITY
- Tonik may use different authentication or verification tools, technologies, services, or measures that Tonik, in its sole discretion, deems necessary or appropriate to protect your Account and the Application. However, Tonik cannot guarantee that these security tools, technologies, services, or measures will be completely secure, adequate, or successful in preventing unauthorized access to or use of the Application, hacking, or identity theft. To the fullest extent permitted by law, Tonik shall not be held liable for any loss or damage that may result from any failure or breach of such authentication or security measures.
- Tonik takes steps to put in place appropriate security measures to secure the Application or your Card. However, Tonik cannot guarantee the confidentiality, integrity, secrecy, or security of any information sent through any internet service providers, public Wi-Fi, mobile data, network systems, or other similar third-party systems that are beyond Tonik’s control. You are responsible for making sure that your own internet connection is safe and secure at all times whenever you use the Application or related Services.
- You agree to strictly adhere to and comply with all necessary security measures to properly safeguard and use your Account (including, but not limited to, during onboarding, general log-in, transactions, or when using enrolled biometrics). You also agree to take all appropriate precautions to prevent anyone else from accessing or using your Account without permission. You must exercise utmost care in choosing, setting, and managing your Username, Password or PIN, enrolled biometrics, and Security Questions and Answers. Avoid using information that can be easily guessed or associated with you, such as your name, date of birth, mobile number, or ID numbers. Always take reasonable precautions to keep your Application credentials private, never leave your end device(s) where the Application is installed unattended, and make sure to properly log out or close the Application after each use.
- You agree to hold Tonik, its stockholders, directors, officers, employees, and representatives free from any liability, and indemnify them, against any and all losses, claims, damages, and suits of whatever nature, that may arise out of or in connection with your non-compliance or failure to follow the necessary and required security measures for the proper safekeeping and use of your Account. However, if the loss or damage you incurred or suffered is proven to have been solely and directly caused by Tonik’s gross negligence or willful misconduct, Tonik shall be responsible for it.
TERMS OF USE AND INSTRUCTIONS
- All instructions must be given through the Application. However, Tonik may, at its sole discretion, also accept instructions given through other means (such as orally, in writing, by facsimile, or otherwise) acceptable to Tonik, provided that:
- We have agreed to receive such instructions in a particular mode or manner from time to time;
- The acceptance of such instructions may only apply to certain types of Accounts, Cards, Services, and segments of customers, or may be allowed on an exceptional basis upon your request;
- We may record or make notes of any instruction or communication with you, including telephone or video conversations, with or without the use of an automatic tone or other notification/warning device;
- Notwithstanding the above, we are not obliged to make or keep any notes or recordings of such communications, and any failure to do so shall not affect our rights in any way; and,
- Except in cases where loss or damage is proven to have been solely caused by Tonik’s gross negligence or willful misconduct, or that of its employees and/or officers, we do not guarantee that communications or instructions given through these means will be completely secure. Any risk of fraud, misunderstanding, error, delay, or losses resulting from such communications or instructions are entirely at your own risk and responsibility. If liability is established solely on Tonik’s part due to such gross negligence or willful misconduct, we reserve the right to impose disciplinary action or pursue legal remedies against the erring personnel.
- You are responsible for the proper and secure use of the Application, Card, and Services. You must:
- Use the Application, Card, and Services only yourself, and never allow anyone else to access or use them;
- Ensure that the mobile number used in opening, maintaining, or utilizing the Application, or linked to your Account or Card, belongs to you, and is accessed and/or used only by you;
- Provide clear, accurate, and complete instructions in the manner required by us;
- Keep enough funds in your Account to allow Tonik to process your transactions. You will be responsible for any charges or penalties if a transaction fails because of insufficient funds or Account dormancy;
- Make sure your transactions or activities through the Application or Card do not breach any regulation or law;
- Avoid changing or cancelling instructions after they have been received or processed by us;
- Follow our instructions in connection with your Accounts, Cards and Services, and comply with all applicable laws;
- Keep your PIN, OTP, enrolled biometrics, and Password confidential, and never share them with anyone;
- Activate your Tonik ATM/Debit Card through the Application and sign the back of your Tonik ATM/Debit Card as soon as you receive it;
- Check your transaction records regularly. If you believe there is any error, immediately notify Tonik;
- Review your Account statements promptly upon receipt. If you find any discrepancies, missing items, inaccuracies, or incorrect entries, notify us right away;
- Inform us as soon as reasonably practicable if you know or suspect that your Card number, ATM/Debit PIN, and/or Password, has been lost, stolen, or compromised, or if unauthorized transactions have occurred. If you fail to report promptly, you will be liable for any transactions made on your Account; and,
- Provide us with all relevant and necessary documents, information, or assistance needed, especially for investigations involving suspected crimes or fraud.
- Tonik may, in good faith and at its sole discretion, do any of the following:
- Act on any instruction that we reasonably believe has been given by you;
- Require additional access steps or security checks from time to time before accepting your instructions, or update its security procedures as needed;
- Refuse to act on any instruction, or cancel or reverse any instruction if we deem it is necessary, desirable, or appropriate to do so;
- Decline to process any instruction that would cause transaction or Account limits to be exceeded;
- Cancel or reverse any transaction, debit your Account, temporarily hold funds, or treat the Account as overdrawn or exceeding its limit, if:
- We need to correct any error or omission;
- We are required to return funds to the payer or drawer;
- We have not received cleared and unconditional funds in full or in time;
- We find any case of fraud or forgery;
- Our internal checks indicate that the instruction was not from you; or,
- We have reasonable grounds to believe that the action is necessary to protect your Account, prevent loss or misuse, comply with laws or regulations, or safeguard Tonik’s systems and other customers; and,
- Allow changes or cancellations of any prior instruction, subject to required conditions. When the conditions are met, we will endeavor to stop a transaction when instructed to. However, we will not be responsible for any loss you may incur if the transaction can no longer be cancelled.
- We may disregard any instruction, or refuse to provide access to, or allow you to use, any Account, Card, or Service if:
- We are of the opinion that the instruction is inconsistent, incomplete, incorrect, misleading, unclear, conflicting, fraudulent, or not given in a manner specified by us;
- It is unreasonable or impracticable to carry out the instruction;
- It goes against our business practices, or internal policies, or procedures;
- It is against any applicable law or regulation;
- It would cause your Account to be overdrawn, exceed the daily transfer or category limit, or go beyond the transaction limit set for your Account, Card, or Service;
- You have exceeded your Account credit limit and have not submitted the relevant documentation required to upgrade your Account;
- Your Account is subject to a minimum balance requirement and the instruction would reduce your Account balance below that minimum, subject to clauses on the Service and Bank Charges section of these General Terms and Conditions;
- There are circumstances beyond our control that prevent your instructions from being carried out, or you have not provided us with all the required documents, verifications, or information;
- In case you declare bankruptcy, become legally or physically incapacitated, or pass away, Tonik has the right to freeze or suspend activities or operations on your Account, Application, Card, or Service. During this time, we may not act on any instructions or documents presented, and may restrict access to funds in the Account or any Card or Service, without taking responsibility for any resulting losses incurred by you, your heirs, successors, or any third party. This restriction will remain in place until Tonik receives the necessary documents, to our satisfaction, for the transfer of ownership of the Account, Card, or Service, including proof of the authorized individual(s) entitled to claim ownership. Your outstanding obligations to Tonik and these General Terms and Conditions shall remain valid and enforceable even after your right to use the Account, Application, Card, or Service terminates or ends.
- We shall not be obliged to provide any guarantee that:
- Any instruction will be carried out within a particular timeframe or in a particular order;
- There will be no delay or lag between the time you provide an instruction and the time Tonik processes it; or,
- Every instruction will be completely secure, unless the security breaches are proven to be caused by our sole willful misconduct or gross negligence in which case Tonik may be held liable.
COMMUNICATIONS
- You must promptly notify us through any Tonik-recognized communication channels, such as our customer service or designated data privacy email address, if there are any changes to your Personal Information or contact details (which include your mobile number, postal address, marital status, or other particulars). Tonik, its officers, and employees shall be held free from any losses, damages, claims, or demands that may result from your failure to update your information.
- Until we receive and process your updated particulars or contact details, we may continue to use the contact information we have on record. If necessary, we may also send notices through alternative channels to ensure that you receive important updates.
- Notices, documents, and other communications from Tonik may be sent through the Application (including push notifications to your end device, whether or not you are logged in the Application, or through the notifications feed in the Application), or through other methods we deem suitable. We will always ensure that these communications are sent in a manner that respects your privacy and is never intrusive.
- You shall take all necessary steps to enable the Application to send push notifications as well as in-app calls and messages to your end device. If you do not enable or maintain these settings or steps, you may not receive certain notifications. Tonik will not be responsible for, and you agree to indemnify Tonik against, any loss or damage that may result from not receiving said notifications.
- Unless otherwise expressly provided in writing, any notices, information, documents, and communications sent by us to you will be deemed effective or received by you in the following manners acceptable to Tonik:
- By electronic mail (email), SMS, or through any messaging or communication platforms or applications, such as, but not limited to, Viber, WhatsApp, Telegram, or similar tools, or via the Application – at the time and date it is dispatched from our system to you;
- By hand delivery – at the time of delivery;
- By posting on our website or on third-party links – on the date it is posted or displayed;
- By mail to an address within the Philippines – on the next banking day after mailing;
- By mail to an address outside the Philippines – five (5) banking days after mailing;
- By newspaper publication or advertisement – on the day of publication or advertisement, and;
- By radio, television or any other broadcast media – on the date of the broadcast.
- Your communications and notifications sent to us through the Application will be considered valid if such are received in a clear, readable form, and acknowledged by us.
- Tonik may, at any time, ask you to indicate your preferred method of communication (e.g., Viber, WhatsApp, Telegram, email, SMS, in-app call and messages, or phone call) and, if applicable, your preferred time for receiving calls. You may update your preferences anytime through the Application.
- We will make reasonable efforts to contact you through your preferred communication channel and within your preferred time frame for matters such as general account updates, promotional notices, non-urgent service or operational information, or routine customer service.
- Even if you have chosen a preferred way for us to contact you, we reserve the right to use other means of communication as we deem necessary or appropriate to deliver notices, alerts, or other communications. These may include, but are not limited to, voice calls, SMS, email, postal mail, in-app notifications, calls or messages, or any other messaging or communication platforms or applications. We may do this if required by law or regulation, or if we reasonably believe it is important or urgent to reach you.
- In particular, for time-sensitive or urgent matters (such as, but not limited to, fraud alerts, security breaches, change in terms, Account delinquency, or other critical notices), we may override your communication preference and reach out to you through the method we believe will allow us to contact you most quickly and effectively.
- Any communication made through one (1) or more of the channels permitted under these General Terms and Conditions (whether or not matching your stated preference) shall be deemed valid, effective, and binding on you, in accordance with the provisions of this clause.
- If we send a notice or demand through multiple channels, delivery through any one (1) of them is sufficient to satisfy the requirement to give notice.
- Tonik reserves the right to utilize digital communication methods and artificial intelligence (AI) tools to interact with customers, provide information, deliver Services, and improve your overall banking experience. By maintaining an account with Tonik, you consent to the use of these digital communication and AI tools, such as voicebots and/or chatbots, for these purposes.
- Tonik employs voicebot and/or chatbot technology powered by generative AI as channels for interacting with you to assist you with general inquiries, basic transactions, and certain collection-related calls. The voicebot and chatbot are automated systems designed to handle common questions and routine service needs.
- You understand that while the voicebot and chatbot are intended to provide accurate and timely information, they have limitations. For complex issues, account-specific concerns, or matters requiring human review or intervention, you may be referred to a Tonik customer service representative directly for further assistance.
- You are responsible for keeping your Personal Information and Account details secure and confidential when using the voicebot and/or chatbot. Do not share sensitive details such as passwords, PINs, CVCs, Account numbers, or personal identification information through these channels.
- Tonik values and protects your privacy. Customer data and information shared during interactions with the voicebot and/or chatbot are handled with strict confidentiality and in compliance with relevant data protection laws.
- Our use of AI and machine-learning technologies helps us analyze, develop, and enhance our products and Services to provide you with seamless and more effective banking experience. By interacting with us, you agree that we may use these interactions to improve our processes, algorithms, and AI models, including for purposes such as training and fine-tuning.
- Your feedback on your voicebot and/or chatbot experience is valuable and helps Tonik improve its Services. If you are dissatisfied or your concern remains unresolved, you may escalate the matter to a customer service representative for further assistance.
- Tonik endeavors to keep its voicebot and/or chatbot services available at all times, but downtime or technical issues may occasionally occur, affecting their functionality. In such situations, alternative communication channels will be provided for customer assistance.
- When using our voicebot and/or chatbot, you agree not to share, submit, send, post, upload, or publish any material that we may deem abusive, defamatory, illegal, indecent, threatening, obscene, pornographic, invasive of privacy or publicity rights, or otherwise harmful or inappropriate to others.
- Any new enhancements, features, or tools added to Tonik’s voicebots, chatbots, or any related channels will also be automatically covered and governed by these General Terms and Conditions.
- Tonik reserves the right to refuse access to the voicebot and/or chatbot services to you for any reason at any time. By using these services, you consent to abide by the terms and conditions governing their use. Tonik reserves the right to update or modify these provisions as necessary, with prior notice to you whenever feasible. It is your sole responsibility to review these terms periodically to stay informed of any changes.
USE OF AUTOMATED SYSTEMS AND ARTIFICIAL INTELLIGENCE (AI)
- Tonik may use automated systems and AI tools to operate and improve its Services, including, but is not limited to, verifying your identity, processing transactions, detecting and preventing fraud, analyzing data, communicating personalized offers or product recommendations, and responding to inquiries through its digital channels. These systems are designed to enhance accuracy, security, and overall customer experience.
- Tonik may use de-identified or aggregated data to develop, improve, and train its AI systems. Personally identifiable customer data will not be used for AI training beyond what is necessary to deliver or improve the Services you have requested, and will always be handled in accordance with applicable data privacy laws and Tonik’s internal policies.
- Tonik may engage trusted service providers or technology partners to process data or support AI-enabled features on its behalf. These providers are bound by strict confidentiality, data protection, and security obligations. Tonik remains fully responsible for ensuring that these providers comply with applicable laws and Tonik’s data protection standards.
- AI systems may occasionally be unavailable or generate incomplete or delayed information. In case of any inconsistency between AI-generated outputs and Tonik’s official records, communications, or contracts, the official Tonik records and contracts shall prevail.
- You have the right to access, correct, or delete your Personal Information, to object to certain types of automated processing, and to request human review of automated decisions that may significantly affect you. To exercise these rights, you must promptly notify us through any Tonik-recognized communication channels, such as our customer service or designated data privacy email address.
AUTHORIZATION
- You authorize Tonik to obtain, verify, and exchange your Personal Information with government agencies and third parties, including other banks, financial institutions, credit bureaus, and alternative data providers for any lawful purpose. These purposes may include, but are not limited to, verifying your identity, assessing your financial profile, and confirming your card or account details with other banks.
- You allow Tonik to conduct background or credit checks on your financial capability, or for any other legitimate and lawful purpose that Tonik may deem necessary.
- You further authorize Tonik to disclose your Account information to any appropriate judicial, government, or regulatory authority if we have reason to believe that your Account has been compromised or used in connection with any unlawful activity. This authorization likewise covers any disclosure or submission of Account information required in connection with investigations, inquiries, or examinations conducted by the BSP or other competent government authorities pursuant to R. A. No. 12010, also known as the Anti-Financial Account Scamming Act (“AFASA”), or under any similar or related laws and regulations. Such disclosure may be made for the purpose of investigation, prosecution, or the enforcement of legal remedies available under applicable laws.
- You consent to Tonik’s collection, storage, processing, disclosure, and/or disposal of your Personal Information, in compliance with R. A. No. 10173, otherwise known as the Philippines’ Data Privacy Act of 2012 (“DPA”), and Tonik's Data Privacy Statement. This includes, but is not limited to, your transaction and payment history. Tonik may share such information with government agencies, other financial institutions, credit bureaus, or authorized third parties for lawful purposes, such as evaluating and developing other financial and banking products and services that may suit your needs and preferences. Tonik may also use this information to offer its, its Affiliates’ and other trusted third parties’ (Tonik partners’) products and services. You may review Tonik’s Data Privacy Statement at https://tonikbank.com/data-privacy-statement.
- You permit Tonik to use your non-personal or anonymized information (i.e., information that cannot identify you individually) for statistical, analytical, and research purposes.
- In addition to the consents, authorizations, and agreements stated in Tonik’s Data Privacy Statement, you further agree that your Personal Information and transactional details may also be used for the following legitimate purposes:
- Sending updates and notifications related to Tonik products and Services;
- Conducting market research or studies to help Tonik improve its offerings;
- Marketing Tonik’s, its Affiliates’, or its merchant-partners’ products and services, through marketing initiatives, special offers, or promotional activities, which may be delivered via email, SMS, phone calls, in-app notifications, messages, or calls, or other communication channels or platforms such as Viber, WhatsApp, or Telegram, social media, e-commerce sites, or similar means;
- Enhancing Tonik’s products and Services, through surveys, benchmarking, profiling, statistical analysis, planning and research;
- Curating and recommending other products or Services that best match your preferences and relationship with the Bank; and,
- Facilitating your participation in promotional activities, raffles, contests, rewards programs, or similar campaigns conducted by Tonik, its Affiliates, or its merchant-partners.
ACCOUNT OPENING
- Opening an Account with us is subject to Tonik’s review and approval. Approval will be based on the submission of all required information and documents acceptable to Tonik, as well as the successful verification of your identity and/or authority to open the Account.
- To be eligible to open an Account with Tonik, you must meet the following requirements:
- Be at least eighteen (18) years old;
- Be an individual who is a resident citizen of the Philippines;
- Have at least one (1) valid Philippine government issued identification document (“ID”);
- Have a present and/or permanent Philippine address;
- Have a valid and registered local Philippine mobile number which is used exclusively by you and not shared with another person; and,
- Have a valid e-mail address.
- You confirm and warrant that you are not under any legal disability at the time of opening your Account.
- Upon successful Account opening, you may be asked to make an initial deposit in an amount determined by Tonik before the Account becomes active.
- All your Accounts will be denominated in Philippine Peso (PHP).
- All your transactions with Tonik will be carried out through the Application or your Card. All products and Services available to you will be displayed within the Application.
- You agree to follow Tonik’s processes for initiating and completing transactions through the Application or Card. By opening an Account with Tonik, you confirm that:
- You are familiar with how the Application or Card works and how transactions are processed; and,
- You will use the Application and Card only for lawful purposes.
- You shall create your Password upon enrolment to the Application to enable you to carry out your banking transactions securely.
- You may activate biometric authentication (such as fingerprint or facial recognition) as an alternative method to access the Application.
- For your own protection, Tonik may invalidate your Password or lock your Account or the Application without prior notice in the following cases:
- If your Password does not comply with Tonik’s security requirements as may be amended and updated from time to time;
- If the wrong Password is entered for such number of times and within a period as determined by Tonik;
- If you report, or Tonik reasonably suspects, any unauthorized use of your Account or the Application; or,
- If you do not comply with Know-Your-Customer (KYC) or due diligence requirements.
Tonik shall not be held liable for any loss or damage resulting from or arising out of the invalidation of your Password or the locking of your Account or the Application in these circumstances.
- You may change your Password or PIN at any time. You must keep your Password or PIN confidential and exercise reasonable care to prevent unauthorized transactions, access, and/or use of your Password or PIN. For your security, you will be required to change your Password at least once every ninety (90) days.
- A Tonik Savings Account opened and processed under “Fast Onboarding” (i.e., no valid ID provided during onboarding/registration) will be given access to a virtual debit card and will remain valid for twelve (12) months, within which you must complete and submit the documentary requirements. During this period: a) you may open up to two (2) Solo Stashes and contribute to Group Stashes as a member; b) you cannot open a Time Deposit (TD) account; and, c) your combined balance across your Tonik Savings Account and the two (2) Solo Stashes cannot exceed PHP50,000.00, and your total annual aggregate credits into your Tonik Savings Account cannot exceed PHP100,000.00. If your Tonik Savings Account reaches the total aggregate annual credit, you will not be able to receive any funds from any source (such as, but not limited to, account top-ups, withdrawals from any of the Stashes to your Tonik Savings Account, or transfers from other Tonik Savings Accounts or via other banks) until you upload any valid government-issued ID accepted by Tonik and submit the required documents. You may choose to close your Accounts if you are unable to comply.
- Once you have uploaded your valid government-issued ID, submitted the required documents, and Tonik has successfully verified them, including any additional KYC documents if we deem necessary, the twelve (12)-month validity period, total balance limit, and total annual aggregate credit limit may be removed. You will then be eligible to: a) receive a physical ATM or Debit Card; and, b) upgrade your Tonik Savings Account to allow up to five (5) Solo or Group Stashes, and five (5) TD accounts.
- Tonik reserves the right to request for additional documents or verification actions as part of its due diligence and KYC process. This may include contacting your registered valid Philippine mobile number, conducting live video call verification, submitting proof of income and address, providing a source-of-funds certification, and other relevant actions or documents prescribed by us or the regulators. You understand that you are required to comply with such requests.
- You shall provide Tonik with necessary information and documentation as may be requested by us from time to time and ensure that your details are updated, to enable Tonik or any of its Affiliates comply with applicable laws and regulations.
- If you fail to comply with Tonik’s KYC or due diligence requirements, Tonik reserves the right to restrict, suspend, or terminate your ability to make any withdrawals, deposits, and/or any relevant transaction from or to your Account. You shall be fully responsible for any loss, damage, or inconvenience you may suffer as a result of such restriction, suspension, or termination.
- You shall remain fully liable for the payment of any of your obligations to Tonik as a depositor. Tonik may, at its own discretion, apply all or any part of your Accounts (including TD Accounts) to settle any amounts you owe to Tonik.
DEPOSITS
- You acknowledge, accept, and agree that any deposits to your Account may only be made through channels provided or approved by Tonik from time to time. These may include, but are not limited to, Cash-In at Tonik’s designated partners or directly in the Tonik Application. For deposits made via Cash-In through Tonik’s partner outlets, you must strictly follow the Cash-In procedures set by those partners.
- Cash-Ins through the Tonik Application may be done by linking your Account with your card or account with other banks, financial institutions, and/or card issuers in the Philippines, or through other available methods in the Application. These include but are not limited to Cash-ins to your Account using the mobile application/s of other banks, financial institutions, and/or card issuers in the Philippines. You represent and warrant that: a) any card or account you link with your Account, or your card or account with other banks or cards that you utilize for Cash-Ins, shall be legally under your control and possession; and, b) in cases where Cash-ins are sent, transferred, or remitted by third parties, such Cash-ins shall be authorized by the lawful owners of the source account or funds.
- Only locally issued MasterCard or VISA cards that are 3DS-enrolled may be linked to your Tonik Savings Account.
- All your Cash-Ins made through your linked accounts or cards will be considered valid and final.
- You acknowledge and agree that deductions, chargebacks, and/or reversals may be applied to your Account, or that your Cash-In may later be invalidated by the other bank and/or card issuer. Tonik will not be liable for any amount or fee if the Cash-In is later reversed, cancelled, charged back, or otherwise invalidated by the other bank and/or card issuer for any reason including, but not limited to, claims, disputes, or adjustments.
- You authorize and allow Tonik to communicate directly with your other bank and/or card issuer to settle any amount, fee, chargeback, claim, or reversal imposed by them. If Tonik is charged any such amount or fee by the other bank and/or card issuer, Tonik may recover such amount or fee by debiting the corresponding amount from your Tonik Savings Account.
- You shall be fully and solely responsible for filing and resolving disputes with your other bank and/or card issuer in connection with the use of their issued cards or accounts as a Cash-In channel.
- The initial deposit and the minimum subsequent deposits for your Account shall be set and updated by Tonik, at its sole discretion, from time to time, at such amounts as Tonik determines to be reasonable.
- Tonik may, at its sole discretion and at any time, refuse to accept deposits, or return all or part of a deposit together with any interest due, if Tonik deems it necessary or appropriate to do so based on reasonable grounds.
- Tonik likewise reserves the right, at its reasonable discretion, to place a temporarily hold, restrict, or suspend any deposit account, or any transaction to and from a deposit account, that is the subject of a complaint, dispute, or investigation under the AFASA, or any related or implementing laws, regulations, or directives issued by the BSP or other competent authorities.
- Tonik may also take such measures if it reasonably suspects that your Account or any related transaction is involved in, or connected to, any fraudulent, suspicious, or unlawful activity, or when required to do so by lawful orders, regulations, or directives from regulatory or law enforcement agencies. While Tonik shall exercise due diligence and act in good faith in implementing such measures, it shall not be held responsible for any delay or inconvenience that may unavoidably result from compliance with applicable laws or regulatory directives.
- You assume full responsibility for the correctness, due execution, authenticity, genuineness, and validity of all endorsements appearing on all items deposited to any Account. You also guarantee any missing or incomplete endorsements on items you deposited.
- For each deposit to or withdrawal made from your Account, you warrant that you have full ownership and absolute title over the money and funds in your Account, and complete right to use or dispose them.
WITHDRAWALS
- You acknowledge, accept, and agree that any withdrawals from your Account may only be made through channels provided or approved by Tonik from time to time. These may include, but are not limited to, a) ATMs of Tonik’s partner institutions; b) Cash-Outs through Tonik’s designated partner outlets; or, c) transactions made directly through the Tonik Application. For withdrawals made via Cash-Out through Tonik’s designated partner outlets, you must strictly follow the Cash-Out procedures by those partners. Cash-Outs made through the Tonik Application may also be done through your previously linked card/s from other banks and/or card issuers, or through other methods that Tonik may make available in the Application.
- You may only withdraw amounts that are within your available Account balance. Withdrawals exceeding your available balance will not be permitted.
- You will also not be permitted to withdraw from your Account any reserved amounts that are intended as advance payments for your Tonik Loan Account/s. If you decide to fully settle your Tonik Loan Account/s, however, the Loan Management Feature in the Tonik App will be enabled and you will be allowed to access and withdraw those reserved funds. The release of such reserved amounts will only occur once full payment of your Tonik Loan Account/s has been confirmed. For clarity, Loan Management Feature refers to the in-app functionality found in the Loan Dashboard within the Tonik Application that allows you to view, manage, and settle your Tonik Loan Account/s.
ACCOUNTS
- Statements of transactions will be provided for all your Accounts and made available electronically for viewing in the following month through the Tonik Application. You will not be issued a passbook, paper statement, or paper confirmation advice. You shall hold Tonik free and harmless from any and all liability if your statement of transactions is viewed by someone other than you. By continuing to use the Application, you also agree that you cannot later claim non-receipt of your statement of transaction as a defense against any claim, charge, or obligation under your Account.
- You can only have one (1) Tonik Savings Account at any time, which must be opened and operated solely under your name.
- Your Cash-Outs, withdrawals, fund transfers, and payments can only be made through your Tonik Savings Account. You can access your Solo Stashes, Group Stashes, or TDs only through your Tonik Savings Account. If your Tonik Savings Account is suspended or closed, your Solo Stashes, Group Stashes, and TDs will likewise be automatically closed.
- Solo and Group Stashes
- We reserve the right to reject and/or not give interest for any deposit or fund transfer made to Stashes from any Account other than your Tonik Savings Account (or contributing to Group Stash from Tonik Savings Account).
- A Solo Stash can be accessed only through your Tonik Savings Account. All movement of funds is solely through your Tonik Savings Account. Your Solo Stash will not be linked to your ATM/Debit Card.
- A Group Stash may be accessed by the Group Stash owner (i.e., the person who opens, starts, and invites members to the Group Stash) and Group Stash members invited by the owner. The deposit of funds is solely through the Tonik Savings Accounts of the Group Stash owner and members. Withdrawal of funds is solely through the Tonik Savings Account of the Group Stash owner. The Group Stash will not be linked to the Group Stash owner’s ATM/Debit Cards.
- All funds transferred to a Group Stash will belong to the owner of the Group Stash. The use or withdrawal of such funds is solely within the discretion of the owner of the Group Stash.
- A Solo or Group Stash will be automatically closed if: a) it has a balance of less than PHP1.00, and has no debit or credit transaction for at least one hundred eighty (180) days; or, b) it was created with zero balance and remains unfunded for sixty (60) days from the date of account creation.
- Time Deposits (TDs)
- To open a Time Deposit (TD), you must agree with the conditions shown on the creation confirmation screen in the Application, which shall include the prevailing interest rate. A TD Confirmation Certificate which contains, among others, the deposit amount (also called the principal or the TD investment amount), term, maturity date, and primary interest rate, will be made available to you electronically on the next banking day after your successful TD placement.
- Your TD is accessible only through your Tonik Savings Account. All movement of funds to and from your TD is solely through your Tonik Savings Account. The TD will not be linked to your ATM/Debit Card.
- You may choose whether to: a) place your TD for one (1) term only; or, b) have it automatically roll over for one (1) or more terms, each for the same period as the original term. If you choose not to roll over your TD, both your principal TD amount and its earned interest will be automatically credited to your Tonik Savings Account at maturity date. A TD Maturity Certificate will be made available to you electronically on the next banking day after the maturity date.
- If you choose to roll over your TD, Tonik will automatically reinvest your principal TD amount for another similar term, applying Tonik’s prevailing interest rate as of the first (1st) day of the relevant roll-over term. The interest earned from the previous term, regardless of the amount of the principal TD or interest earned, will not be included in the roll-over amount. Instead, it will be credited automatically to your Tonik Savings Account on the maturity date. A TD Roll-over Certificate which contains, among others, your principal TD amount, new term, maturity date, and updated interest rate, will be made available to you electronically on the next banking day.
- You may change your TD roll-over preference, whether to roll-over or not, through the Application up to three (3) days before your relevant TD’s maturity date.
- The prevailing principal TD amount required, interest rate, terms, existing instructions (roll over, renewal, etc.), and the number of TDs allowed for each term may change from time to time, as may be solely determined by Tonik, in accordance with applicable laws, rules, and regulations. The prevailing interest rate at the time of roll-over may differ from the primary or original interest rate when you first placed your TD. If you choose to roll over your TD, you agree that the new rate may be higher or lower than your original rate. You are responsible for checking and confirming the prevailing interest rate through the Application at the time of roll-over.
- If your principal TD amount to be rolled over exceeds the maximum TD amount permitted by Tonik as of the roll-over date, the TD will not be rolled over. You will not be allowed to use the roll-over settings for such TD. In that case, both your principal TD amount and the interest earned will automatically be credited to your Tonik Savings Account on the maturity date. A TD Maturity Certificate will be made available to you electronically on the next banking day.
- A matured TD account will be automatically closed if you did not enable the rollover setting.
- TD Confirmation and TD Roll-over Certificates serve only as electronic notices confirming the status of your TD. They are not evidence of ownership and cannot be transferred to anyone else.
- If you withdraw your TD before the maturity date (“early withdrawal”), Tonik may impose applicable Documentary Stamp Tax, penalties, and adjust your interest rate, as may be solely determined by Tonik. Once the early withdrawal is processed, a TD Early Withdrawal Certificate will be available electronically on the next banking day.
- Early withdrawal is only allowed for the full TD amount. Partial withdrawals are not permitted.
- Subject to applicable BSP regulations and any exemptions provided therein, you shall be entitled to a period of five (5) calendar days which applies to all new and rolled-over TDs (“Cooling-Off Period”). If you choose to withdraw your TD within this period, no interest will be earned. Tonik may recover any losses it incurs as a result of such withdrawal within the Cooling-Off Period and charge reasonable processing fees, in accordance with its policies and within the limits allowed by applicable laws and regulations.
- If Tonik is unable to contact you, or if you fail to meet the KYC requirements, Tonik may terminate your TD. In such cases, the provisions on TD early withdrawal, including applicable penalties and charges, shall apply.
- Interest
- Interest bearing Accounts shall earn interest at a rate solely determined by Tonik, computed on a per annum basis and in accordance with applicable laws, rules, and regulations.
- Interest on Tonik Savings Accounts and Solo or Group Stashes will be computed daily based on cleared daily balance. It will be credited to the respective Account at the end of month or at the start of the following month, and subject to applicable withholding taxes. For TDs, interest will be credited at maturity date or upon termination of the TD, whichever comes first, and subject to applicable withholding taxes.
- Interest rates and the method of interest computation may change from time to time, as Tonik may determine when market or operational conditions warrant, and in compliance with applicable laws and regulations. You will be notified of such changes through appropriate communication channels.
- Interest on Dormant Accounts will continue to be computed and credited in the same manner as for active Accounts, following the regular crediting schedule.
- No interest will be paid in any Tonik Savings Account that is closed before the scheduled interest crediting date.
- Reserved or hold-out deposit balances intended as advance payments for your Tonik Loan Account/s shall also earn interest at a rate solely determined by Tonik, computed on a per annum basis and in accordance with applicable laws, rules, and regulations.
- All deposit Accounts shall be subject to applicable Philippine Deposit Insurance Corporation (PDIC) rules and regulations, including the insured value as follows:
- Deposits are insured by the PDIC up to a maximum amount of One Million Pesos (P1,000,000.00) per depositor; and,
- The PDIC shall assume that the name(s) appearing on the deposit account record, or instrument is/are the actual and/or beneficial owner(s) of the deposit, except as otherwise provided.
TRANSACTIONS
- All transactions made through the Application or Card shall be processed from your Tonik Savings Account. The transaction amount verified by Tonik shall be considered the correct amount transacted by you in your Account.
- You shall not permit or authorize any person to perform transactions on your behalf (including withdrawals, deposits, transfers, top-ups, or similar actions) unless such person is expressly authorized by the Bank or as permitted under applicable laws and regulations (e.g., through a duly executed special power of attorney or a valid court order). Tonik reserves the right, at its sole discretion, to verify, accept, or reject any such authorization in accordance with its internal policies and procedures. Tonik may also require additional documentation or verification to ensure the security and integrity of your Account.
- You may use your Card only after it has been activated through the Application. If you do not activate your Card, it will remain inactive, and any attempted transactions using the inactive Card will be automatically declined.
- By using your OTP, Password or PIN, enrolled biometrics, or other approved authentication methods including, but not limited to, signed form or memo, or providing confidential Card details (such as your CVC), you authorize Tonik to carry out the transactions you initiate through the Application or Card (via ATM, POS, or online). All transactions shall be deemed valid, binding, and authorized by you.
- Tonik reserves the right to set, impose, and modify the maximum allowable transaction limits per day, per month, and/or per beneficiary for any and all types of transactions, regardless of your available Tonik Savings Account balance. These limits may be adjusted from time to time, at Tonik’s sole discretion, to ensure Account security, manage operational risks, or comply with applicable laws, regulations, or directives of the BSP and other relevant authorities.
- For transactions involving third parties, such as bills payments, POS purchases, prepaid reloads, and the like, made through the Application or Card, Tonik acts only as a payment conduit between you and the payee. Tonik shall not be held liable for any disputes, actions, or claims arising from your transaction with the payee.
- If you are entitled to a refund or rebate for a purchase made in whole or in part using your Tonik ATM/Debit Card, you agree to claim the refund or rebate directly from the merchant establishment where the purchase was made. You shall not hold Tonik liable for any such refund or rebate.
- Some transactions may require approval or consent from third parties (such as partner institutions or payment networks). Tonik’s obligation to process these transactions shall be subject to such approvals.
- Tonik shall not be liable for any delay, error, or deficiency in the performance of third parties with whom you transact, once Tonik has executed your instruction in accordance with its internal procedures.
- All instructions you issue are always subject to Tonik’s transaction limits, internal controls, these General Terms and Conditions, and applicable laws and regulations.
- Any instruction transmitted after Tonik’s designated cut-off time shall be recorded and posted in Tonik’s books and records on the next banking day.
- Tonik shall not be liable for any loss, expense, or damage of whatever nature (including without limitation, charges or penalties imposed by third parties) in connection with transactions made via the Application or Card such as, but not limited to, the following circumstances:
- Any disruption, failure, or delay in implementation or processing due to events beyond Tonik’s control, including but not limited to, power outages, system breakdowns or errors, natural disasters, public disturbances, calamities, and other similar or related cases;
- Any improper, unauthorized, or fraudulent access or use of the Application or your Card due to theft, phishing, or disclosure of Passwords, ATM PINs, or other security credentials, as well as any violation of security measures, with or without your participation;
- Any inaccurate, incomplete, or delayed information you receive due to failure, interruption, or disruption of any communication facilities or systems used in connection with the Application or Card; or,
- Any other event, circumstance, or reason beyond Tonik’s reasonable control which effectively prevents Tonik from successfully implementing a transaction.
- The Application and Card are generally available twenty-four (24) hours a day, seven (7) days a week. However, transaction and request processing are subject to Tonik’s and/or its partners’ daily cut-off times. In cases of temporary service unavailability, such as during system maintenance or updates, or for any other reason, Tonik will provide prior notice or inform you at the earliest possible opportunity.
- Tonik may also reduce your available balance corresponding to the transaction amount upon transaction authorization. Some merchants, such as, but are not limited to hotels and other online services, may request pre-confirmation that your Account has sufficient balance to meet the estimated amount, or additional authorizations for extra charges or costs. You authorize Tonik and/or any of its employees, representatives, and third parties to make any necessary adjustments, corrections, or reversals related to these transactions, without incurring any liability.
- You agree to hold Tonik, its stockholders, directors, officers, employees, and representatives free and harmless from, as well as indemnify them against, any and all liabilities, claims, damages, suits of whatever nature, arising out of or in connection with your use of the Application or Card, whether authorized or unauthorized, provided Tonik has exercised reasonable care and diligence. This includes, but is not limited to, claims related to failed or delayed transactions resulting from inadvertent errors committed by Tonik employees, and/or any computer or system-related issues which may result in Tonik’s failure to effect any instruction via the Application or Card.
- Transactions conducted outside the Philippines shall be subject to BSP foreign exchange rules and any applicable regulations in the country where the transaction occurs. Such transactions will also be subject to foreign exchange fees as posted on Tonik’s website at https://tonikbank.com/fees-and-charges. These fees may be adjusted from time to time by Tonik at its sole discretion, with prior notice to you.
- If your device is lost or stolen, you must immediately contact Tonik through the Tonik Contact Center Hotline or via email so we can take the necessary steps to protect your Account.
- Any complaint or inquiry regarding your Card, Account, and/or transactions through the Application or Card must be communicated to Tonik’s Contact Center channels within the prescribed periods. Requests for reversals, adjustments, or corrections related to Cash-In/Cash-Out transactions shall follow the timelines or periods set by Tonik’s partner channels under agreed Service Level Agreements (SLAs), which are in accordance with the best industry standards.
- Any dispute involving Card transactions should be filed and reported within sixty (60) calendar days from the transaction date. Tonik may investigate, which may include further verification of transaction records or confirmation with you and/or the merchant. You shall be fully informed of the investigation status and results through our Contact Center channels. After investigation, Tonik is authorized to debit or credit your Account in accordance with the findings. If the dispute is resolved in your favor, and if warranted, corrective actions and reversals will be promptly applied.
- Your use of the Card will be subject to the following terms and conditions:
- The Card remains the property of Tonik. Tonik may, at any time and without prior notice and the need to provide any reason, terminate the use of, cancel, or repossess the Card, and may decline to issue, renew, or replace it, at its sole discretion;
- If your Tonik Savings Account becomes dormant, all Cards issued under your Account will be automatically cancelled. Any attempt to use a cancelled Card will be declined;
- Tonik may, without any prior notice, suspend any Card-related Service or cause designated partners’ ATMs to retain your Card automatically; and,
- You agree to return the Card to Tonik upon request.
- The Card is valid for five (5) years from the date of issuance. Upon expiry, you shall request for replacement through the Application.
- By maintaining your Account, you acknowledge and agree that Tonik may implement, modify, or enhance its security features at any time to comply with applicable laws and strengthen fraud prevention and customer protection measures.
- Lost, Stolen, or Compromised Cards
- If your Card is lost, stolen, or compromised, it is your responsibility to immediately lock your Card through the Application and promptly report the incident through the in-app Contact Center chat, Tonik Contact Center Hotline, or official email channels so Tonik can block your Card. Delay or failure to do so may result in continued unauthorized use, for which Tonik shall not be held liable.
- All transactions made prior to Tonik’s receipt of your report shall be conclusively presumed to have been made or authorized by you, and Tonik shall not be liable for any loss or damage incurred by you due to your failure to promptly report your Card’s loss, theft, or compromise.
- If your Card is captured by a partner ATM, the retrieval of the Card shall be your sole responsibility.
- Cards bearing the Mastercard logo may be used for Mastercard ATM withdrawals, POS, or online purchases from merchants outside the country, debited from your Account in the Philippines. You acknowledge that such overseas transactions are subject to applicable transaction fees, foreign exchange mark-ups, and relevant exchange rates determined by Tonik and/or Mastercard affiliated-banks and/or financial institutions. You authorize Tonik to debit your Account for all such charges, including those incurred abroad, through the use of the Card. All charges shall be billed and payable in Philippine Pesos, subject to a foreign conversion factor, as may be reasonably applied by Tonik at the time the transaction is posted.
- If your Card is not accepted or honored at any BancNet- or Mastercard-accredited ATMs, online merchants, e-commerce sites, and other establishments, Tonik shall not be held liable for any loss, claim, or damage arising from such refusal. You agree to hold Tonik free and harmless from any and all claims or liabilities resulting from the action or omission of any BancNet or Mastercard member bank, merchant or affiliated establishment.
AUTHORITY TO WITHHOLD, DEBIT AND SET-OFF
- You authorize Tonik to withhold, retain, or place a hold on any funds currently in, or that may in the future be credited or deposited to, your Tonik Savings Account, as security for any and all existing or future obligations you may owe to Tonik. This includes, without limitation, funds deposited for safekeeping or being held in any other manner. Tonik is likewise authorized to apply or debit such funds to settle any outstanding obligations arising from your Account, or from any other transactions, Services, or agreements you may have with Tonik. For this purpose, Tonik may debit your Account accordingly and apply the proceeds to your outstanding balance.
- Tonik is likewise authorized to debit, charge, or set off from your Account any outstanding debts or obligations you may owe to Tonik, its subsidiaries, Affiliates, successors, or assigns. These include, but are not limited to, loans, interests, penalties, charges, or any other amounts due, whether or not evidenced by promissory notes, and whether or not secured by any form of other credit, collateral, or guarantee. After any such deductions, any remaining unpaid balance shall continue and remain to be your personal obligation, enforceable by Tonik through legal or other appropriate means.
OVERDRAFTS
- You acknowledge that the operation of the Application does not guarantee the prevention of an unauthorized overdraft. Any payment or transfer instruction made through the Application may not take immediate effect and may not always be promptly reflected in your Account balance. You must not use the Services or the Application in any manner that results in, or is intended to create, an unauthorized overdraft on your Account. Tonik reserves the right to reject and refuse to process any instruction that may cause your Account to go into overdraft. If an unauthorized overdraft occurs for any reason, Tonik may take any action it deems appropriate to regularize your Account. It may likewise impose applicable interest, fees, or charges to the Account in accordance with its prevailing policies as well as applicable laws and regulations.
SERVICE AND OTHER BANK CHARGES
- Tonik is authorized to collect from your Account all applicable service charges, penalties, and other fees which your Account may incur in accordance with Tonik’s prevailing rates, schedules, and policies.
- All transactions made through the Application or Card are subject to the applicable fees and charges in effect at the time of the transaction. Tonik may, with prior notice, introduce or revise such fees and charges from time to time in accordance with applicable laws and regulations. You hereby irrevocably authorize Tonik to debit your Account for any such fees or charges related to Financial Transactions made via the Application or Card.
- Service charges, fees and penalties may include, but are not limited to, the following:
- Annual fees;
- Fees for Accounts falling below the required maintaining balance;
- Dormancy fees;
- TD early withdrawal fees;
- Card-related fees;
- Transfer fees; and/or,
- Other fees and charges which Tonik may impose or introduce from time to time, depending on the policy it may adopt within the limits allowed by law and regulations.
- Tonik may close any Account with zero balance resulting from service charges or other causes, in accordance with its internal policies and as provided in the section on Closure of Accounts.
- Information on all applicable service charges, fees, and other bank charges is available on the Tonik website and detailed in the Application. Tonik may update or revise these fees and charges from time to time with prior notice as required under applicable laws and related regulations.
- Tonik may suspend or terminate the Services if, at any time, there are insufficient funds in your Account to cover applicable fees and charges, without Tonik incurring any liability as a result thereof.
CLOSURE OF ACCOUNTS
- You may request to close your Tonik Savings Account only if you have no outstanding loans, obligations, or pending transactions with Tonik. Upon closure, access to the Application will be deactivated. Should you wish to use Tonik’s services again, you will be required to re-register and complete onboarding as a new customer.
- Tonik may, at its sole discretion, decline your request not to close your Tonik Savings Account if: a) there are pending transaction instructions, such as scheduled auto-debits or transfers; or b) there are other Accounts linked to your Tonik Savings Account that hold a sufficient balance or remain active.
- Tonik may, at its sole discretion, close your Tonik Savings Account if any of the following instances (whichever comes first) occur:
- Zero balance in all deposit Accounts:
- You opened a Tonik Savings Account but did not fund it within sixty (60) days from the date of Account opening;
- You have maintained zero total deposit balance across all your Accounts (Tonik Savings Account, Solo/Group Stash, and TD) since Accounts opening, and have not logged in to the Application within sixty (60) days from the date of onboarding; and/or,
- You have a pending or rejected loan application, have maintained zero total deposit balance across all Accounts (Tonik Savings Account, Solo/Group Stash and Time Deposit) and your Tonik Savings Account has not been funded from the date of onboarding up to thirty (30) days after the date of loan rejection;
- Customer becomes inactive. You become an Inactive Customer if:
- No client-initiated or third-party transaction has been made in your Tonik Savings Account for three (3) consecutive months;
- Your total deposit balance across all Accounts (Tonik Savings Account, Solo/Group Stash, and TD) remains below P1.00 during said three (3)-month period; and/or,
- You have a pending loan application, or your loan application has been rejected, and you have maintained a Tonik Savings Account balance below P1.00.
- Customer has not upgraded his/her basic deposit Account. You are considered to have failed to upgrade your basic deposit Account if:
- You do not submit the documentary and KYC requirements within twelve (12) months from the date of Tonik Savings Account opening;
- Your total deposit balance across all Accounts (Tonik Savings Account and Solo Stash) reaches the total aggregate credit limit; and/or,
- You fail to upload any of the valid government-issued IDs that Tonik accepts.
- If your Account is closed because you have become an Inactive Customer, Tonik shall have the right to impose a one (1)-time Inactivity Fee of PHP1.00, and transfer any remaining balance in your Account to a liability account or such other account as determined by Tonik at its sole discretion. This is without prejudice to the eventual escheat or turnover of such funds to the Bureau of the Treasury in accordance with the then applicable law, rules, and regulations.
- If your Account is closed because you failed to submit the required KYC or supporting documents within twelve (12) months from the date you opened your Tonik Savings Account, Tonik shall have the right to transfer any remaining balance in your Account to a liability account or such other account as Tonik may determine at its sole discretion. This shall be without prejudice to the escheat or turnover of such funds to the Bureau of the Treasury in accordance with existing laws, rules, and regulations.
- Tonik reserves the right to immediately suspend or close your Account without prior notice in any of the following situations:
- You misrepresent, falsify, or conceal any material information;
- Tonik suspects that your Account may be, may have been used, or is being used for any fraudulent, suspicious, or illegal activities or transactions;
- Tonik perceives, at any time, that maintaining your Account may expose it to any financial, operational, legal, reputational, or other material risks;
- You fail to comply with any provision of these General Terms and Conditions and such other terms and conditions for deposit Accounts as may be applicable;
- Any of the following circumstances occurs or is present:
- You are, or are reasonably suspected to be, engaging in, or facilitating the illegal use or acquisition of an Account, Service, or funds;
- You exhibit unacceptable behavior, such as behaving or engaging in an abusive, threatening, or violent manner toward our personnel;
- You were not authorized to download or access the Application;
- You fail to repay an overdraft balance on your Account after Tonik’s demand;
- Tonik has justifiable reasons to suspect that your security information has been compromised;
- Tonik has valid reasons to believe that you have violated, or are at risk of violating any laws or regulations related to your Account;
- You have not satisfied KYC or due diligence requirements;
- There is fraud or suspected fraud involving your Account or any transactions, or we suspect fraudulent activity;
- There is suspicious activity or reasonable suspicion thereof on your Account; and/or,
- Tonik has reasonable grounds to suspect unauthorized or fraudulent use of your credentials or security information;
- Tonik determines that maintaining your Account or continuing the contractual agreement may result in a violation of laws, regulations, court orders, or directives, or would expose Tonik to potential government, regulatory, or law enforcement actions; or,
- Tonik determines that your Account suspension or closure is a reasonable or necessary measure to safeguard Tonik from harm, and/or maintain its integrity, security, reputation, or operational stability.
- Tonik further reserves the right to suspend or close your Account if: a) you have handled your Account in a manner deemed not satisfactory or improper to Tonik; or, b) you performed or caused a successful withdrawal despite insufficient funds and/or uncollected funds or deposits in your Account.
- If your Account is suspended or closed on the ground that the same is improperly handled,
- you acknowledge, accept, and agree that Tonik shall report such closure and the reason(s) therefor to the relevant regulatory body or to the regulatory-accredited credit bureau(s) or organization(s) to keep record of mishandled deposit accounts; and/or,
- if there is a remaining balance in your Account, Tonik shall reimburse the remaining balance upon such closure.
- Tonik, its respective stockholders, directors, officers, employees, and representatives, shall be held free and harmless from any and all liabilities, claims, demands, or suits of whatever kind in connection with or arising from the closure of your Account, including the reporting of such Account closure and the reason(s) therefor, to the relevant regulatory body, regulatory-accredited credit bureau, or any legally authorized entity or monitoring body established by law or by such regulatory authority for the purpose of maintaining records of, or monitoring, mishandled or closed deposit Accounts.
DORMANCY AND UNCLAIMED BALANCES
- Deposit Accounts, including your Tonik Savings Account, Solo, and Group Stashes, as well as those with automatic transfer facility options, that have had no Financial Transaction for two (2) consecutive years or twenty-four (24) months for all Savings Accounts shall be classified as Dormant Accounts.
- Tonik will notify you at least sixty (60) days prior to the change in your Tonik Savings Account status from active to dormant. Additionally, Tonik will give you advance notice before any dormancy fee is applied to your Account. A dormancy fee may be charged only if: a) your Account has had no activity for at least five (5) years; and, b) your Account balance falls below the required minimum monthly average balance in accordance with applicable laws, BSP regulations, and Tonik’s prevailing policy.
- Dormancy classification applies individually to each account. The dormancy status of one (1) Account (e.g., Tonik Savings Account) does not affect the active status of your other Accounts (such as Solo or Group Stashes).
- If your Tonik Savings Account becomes dormant:
- You will not be able to perform deposits, withdrawals, or other related transactions with your Tonik Savings Account;
- To reactivate your Tonik Savings Account, you are required to complete a re-KYC process within the Application, and make at least one (1) deposit or withdrawal transaction within thirty (30) days from the date of re-KYC;
- Your Solo or Group Stash Accounts owned by you will remain active, unless they are also classified as dormant. If they also become dormant, a Solo or Group Stash may be reactivated by performing a debit or credit transaction in those Accounts;
- Any TDs with an active roll-over instruction will continue to roll over, even if the associated Tonik Savings Account becomes dormant. Interest earned from a matured TD will still be credited to the Tonik Savings Account, but such crediting will not be considered a Financial Transaction for dormancy purposes; and,
- Crediting the proceeds or interest of a matured TD without roll-over instruction to a dormant Tonik Savings Account will likewise not be treated as a Financial Transaction for reactivation purposes.
- If your Solo Stash becomes dormant, you must immediately fund it from your Tonik Savings Account to reactivate it. The deposit will restore the Account’s active status and enable normal transactions.
- If your Group Stash becomes dormant, it must be immediately funded either by you or by any Group Stash member to reactivate it. Upon successful funding, the Group Stash will be restored to active status, and normal access and transaction capabilities will resume.
- Pursuant to the provisions of existing laws and other applicable regulations, all unclaimed balances, which represent deposits of money and/or accrued interest held by Tonik for any customer with no Financial Transactions for ten (10) years or more, shall be reported and, when so ordered, remitted to the Bureau of the Treasury, for credit to the government of the Republic of the Philippines.
- If your Tonik Savings Account becomes dormant, Tonik reserves the right to impose restrictions on deposits, withdrawals, and other related transactions for security and regulatory compliance purposes, among others. To lift these restrictions and reactivate your Account, you shall be required to submit the necessary identification or supporting documents and comply with Tonik’s verification and reactivation procedures, including any re-KYC steps, to remove the restriction and reactivate the Account.
MISCELLANEOUS
- Pursuant to the Implementing Rules and Regulations of R. A. 9160, or the Anti-Money Laundering Act of 2001, as amended, you grant irrevocable and unconditional authority to Tonik to report to the Anti-Money Laundering Council (AMLC) any covered and/or suspicious transactions involving your Account. You hold Tonik, its stockholders, directors, officers, employees, and representatives free and harmless from any liability arising from the performance of such reporting obligations in accordance with this law.
- In compliance with the provisions of R. A. 1405 or the Law on Secrecy of Bank Deposits, Tonik shall not entertain inquiries, requests, or instructions from third parties regarding your Account by telephone, fax, telegram, e-mail, cable message, or any other means, unless you have provided prior written authorization, or as otherwise allowed under applicable laws and regulations.
- Your continued access and use of the Application, your Account, or your ATM/Debit Card constitute acceptance of Tonik’s Data Privacy Statement, as may be amended or updated from time to time.
- Tonik shall not be held liable for any loss or damage that may be incurred by you or any third party that arises from or is caused by factors which include, but are not limited to, system errors, computer programming imperfections or malfunctions, or defects in the design, material, or workmanship of any computer equipment, which did not result from Tonik’s sole gross negligence or willful misconduct.
- We shall not be liable for any delay, interruption, non-performance, or failure to perform any of our obligations in connection with your Accounts, Tonik’s Services, or channels where such delay, interruption, non-performance, or failure is due to, arises from, or is caused by, directly or indirectly, circumstances beyond our reasonable control. These include, but are not limited to, acts of God, natural disasters, calamities, earthquakes, fires, floods, wars, rebellion, civil or military disturbances, sabotage, acts of terrorism, criminal acts or willful misconduct by parties other than Tonik, its officers, or employees, epidemics, pandemics, loss or malfunction of utilities or facilities, power outages, electrical or mechanical failures, computer hardware or software malfunctions, system failures or downtimes, network or telecommunication disruptions, causes or acts attributable to third parties, labour disputes, strikes, walkouts, riots, lockouts, governmental actions, or other similar occurrences and related events (the “Force Majeure Events”).
- In the event of extraordinary inflation or deflation of the currency stipulated herein, the provision of Article 1250 of the Civil Code shall not apply.
- You agree to be governed and bound by, and comply with, all pertinent laws, rules and regulations, such as, but not limited to those issued by the BSP, AMLC, Bureau of Internal Revenue, Philippine Clearing House Corporation, and the PDIC. You further agree to abide by Tonik’s internal policies, these General Terms and Conditions, including any subsequent amendments thereto, as well as any future rules, regulations, or directives that may be issued in relation to your Account.
- By using the Tonik Contact Center Hotline, you expressly authorize Tonik to record, store, and disclose or share all telephone conversations between you (or your duly authorized representative) and Tonik with any third party, pursuant to a lawful purpose.
- To enable Tonik to provide and ensure efficient assistance and promptly resolve any concern or complaint raised through the Contact Center Hotline, you agree to provide complete, accurate, and sufficient information as may reasonably be required, depending on the nature of your concern or complaint.
- By accepting these General Terms and Conditions, you acknowledge and agree that your access to and/or use of Tonik’s Services shall be governed by, and construed in accordance with, Philippines laws.
- If any provision of these General Terms and Conditions is declared void, illegal, invalid, or unenforceable by any court of competent jurisdiction under applicable law, the remaining provisions shall continue to be valid, binding, enforceable, and in full force and effect.
- Tonik shall have the right to amend, revise, or supplement these General Terms and Conditions at any time, with prior notice through your preferred communication channel, which you designated during onboarding. If no preference was specified, Tonik reserves the right to notify you through any suitable alternative method, including phone calls, in-app notifications, messages and calls, email, Viber, WhatsApp, Telegram, SMS and other messaging platforms, or posting on Tonik’s website. You will receive notice of such amendments or updates at least sixty (60) days prior to their effective date.
- If you do not agree with any amendments, revisions, or modifications, you must notify Tonik in writing and terminate your Account, Card, or Service within thirty (30) calendar days from the date of such amendment, revision or modification. Failure to do so shall be construed as your unequivocal acceptance of the updated General Terms and Conditions.
- These General Terms and Conditions are governed by BSP regulations and Philippine laws. Your access to and use of the Services shall, at all times, comply with all relevant laws, rules, and regulations. You acknowledge and agree that Tonik’s failure to enforce any provision of these General Terms and Conditions, or to exercise any right or remedy, shall not be interpreted as a waiver thereof. Any waiver shall be valid only if made in writing and signed by an authorized representative of Tonik. A waiver of any specific breach or default shall not be deemed a waiver of any subsequent or continuing breach or default. You also agree that Tonik’s rights and remedies under these General Terms and Conditions are cumulative and may be exercised individually or together. The exercise of one (1) right or remedy does not limit or prevent Tonik from exercising any other rights or remedies available under law or equity.
- All legal actions or proceedings arising out of or in connection with these General Terms and Conditions shall be brought only in the proper courts of Pasig City, to the exclusion of all other courts and venues.
- Tonik is regulated by the BSP. For inquiries or assistance, you may visit the BSP website at (https://www.bsp.gov.ph.).
For any question, concerns, or inquiries, contact Tonik through its Contact Center chat in the Application, the Tonik Contact Center hotline (+63 2 5322 2645), or email us at (customercare@tonikbank.com).
Version:November 1, 2025