CUSTOMER TERMS & CONDITIONS
By requesting or using TPay Mobile Financial Services of T Bank via TPay Application or permitting someone else to use these on behalf of the Customer, the Customers indicate their acknowledgment and acceptance of these Terms and Conditions, which are from time to time subject to changes.
1. DEFINITIONS
The following terms when used in these Terms and Conditions or any document referred to herein shall have the following meaning:
1.1 Account means an arrangement with the T Bank that allows the Customer to keep the money at the T Bank.
1.2 Agent means a third-party operator who has an Agreement with T bank to perform certain bank related functions on behalf of T Bank.
1.3 Agreement means these Terms and Conditions as amended by T Bank from time to time, together with the Customer registration form, as directed by the Central Bank of Myanmar.
1.4 Business Day means a day other than a Saturday, Sunday, public holiday or bank holiday in Myanmar.
1.5 CBM means the Central Bank of Myanmar.
1.6 E-Money means 'electronic money' and is a value in Myanmar Kyat, held in the Account of Mobile Money the Customers, Agents, Merchants and T Bank.
1.7 Fees mean all fees and charges for the use of the Service, as published by T Bank and included in the Schedule of Fees.
1.8 T Bank means Kanbawza Bank Limited and all the branches of T Bank, including any branches that shall be set up by T Bank in the future.
1.9 TPay means the Mobile Financial Services offered by T Bank offered to the Customers via TPay Application and its appointed Agents.
1.10 KYC means any "Know Your Customer" identity registration requirements issued by the Central Bank of Myanmar to time and other regulatory authorities in Myanmar.
1.11 Merchant means an establishment that accepts Mobile Money for the purchase of goods and services or the payment of bills, including online merchants.
1.12 Mobile Financial Services Account or MFS Account means a store of value provided by T Bank for the purposes of conducting transactions related to the Service.
1.13 Myanmar Kyat means the official currency of the Republic of the Union of Myanmar.
1.14 Network Service Provider means the telecommunications and data services provider used by the Mobile TPay Account Holder to communicate and transact with T Bank.
1.15 Non-registered Services / Over-The-Counter (OTC) means services provided by T Bank without requiring the Customer registration.
1.16 Payee means a person who is to receive money.
1.17 PIN or Personal Identity Number means a numerical password set by the Customer and used to authorize and authenticate Transactions.
1.18 POS/Agent or Point-of-Sale/Agent means a person or entity who enters into an Agent Agreement with T Bank to provide the Service directly to the Customers on behalf of TPay.
1.19 Schedule of Fees means the document of that name, as varied from time to time by T Bank and published in Limit & Fees of TPay Application.
1.20 Service means the mobile financial services, and in particular the provision of payments and financial services through the use of mobile technology infrastructure including electronic terminals.
1.21 SIM means Subscriber Identity Module, which is a microchip device used to authenticate a subscriber on the mobile network.
1.22 SMS means short messaging service and is a communication protocol allowing the interchange of short text messages between mobile telephone devices.
1.23 Transaction means an action of performing financial or non-financial business activities using a mobile phone including, but not limited to cash in, cash out, transfer domestically/internationally, bill payments, merchant payments, balance inquiry, etc.
1.24 User or Customer means users who are end-customers of TPay.
1.25 Verification Code means Customers open TPay Application, click send verification code and then enter 6 digits code via SMS in Customer's registered mobile number.
2. DESCRIPTIONS OF SERVICES
2.1 SERVICE OVERVIEW
The purpose of TPay is to provide Services to the Customers via TPay Application and T Bank designed Agents. TPay Customer will be able to perform financial services electronically via his/her mobile services and/or at T Bank appointed Agents and via TPay Application.
2.2 SCOPE OF SERVICE LEVEL
Under the scope of this Term & Condition, TPay offers the following products and Services to the Customers.
2.3 ACCOUNT TYPES
TPay offers the following three types of Accounts.
2.3.1 Level 1 Customer Account: The Customer can self-register for TPay via his/her mobile phone.
2.3.2 Level 1.5 Customer Account: The Customer can do self-onboarding to this Account type in accordance with T Bank KYC policy.
2.3.3 Level 2 Customer Account: The Customer can upgrade to this Account type in accordance with T Bank KYC policy at T Bank appointed Agents or T Bank branches and/or other channels approved by T Bank only.
2.3.4 All the Customers Level 1, Level 1.5, and Level 2 (including via EA) must provide the following required information (Registration Information) in order to complete the registration or upgrade process.;
2.3.4.1 Customer Name;
2.3.4.2 Mobile Phone Number;
2.3.4.3 Valid National Registration Card (NRC) or Valid Passport or Driving License;
2.3.4.4 Gender;
2.3.4.5 Date of Birth;
2.3.4.6 Nationality
2.3.4.7 State/Division;
2.3.4.8 Township;
2.3.4.9 Town;
2.3.4.10 Address;
2.3.4.11 Employment
2.3.4.12 Email Address.
2.3.5 Both Level 1.5 and 2 Customer Accounts: The Customer can link the TPay Account with T Bank Account in accordance with the guidelines stated in the Limits & Fees table in TPay Application. The Customer agrees to keep the Registration Information up-to-date at all times to ensure its completeness and accuracy.
2.4 TRANSACTION TYPES
TPay Customers will be able to perform the following Services with but not limited to
2.4.1 Cash in
2.4.2 Cash out
2.4.3 Transfer funds to/from TPay Accounts, T Bank Accounts, and others
2.4.4 Bill Payment
2.4.5 Merchant Payment
2.4.6 Mobile Top Up
3. OBLIGATIONS OF CUSTOMER AND T BANK
3.1 OBLIGATIONS OF T BANK
3.1.1 T Bank shall ensure that TPay Mobile Financial Service is available to the Customer at all times unless the Service is interrupted due to technical difficulties or any circumstances beyond T Bank's control.
3.1.2 T Bank reserves the right to obtain such additional information as reasonably necessary to ensure that the Customer is not using TPay Mobile Financial Services in violation of law, including, but not limited to, illegal activities such as gambling, pornography, prostitution, and laws and regulations designed to prevent ‘money laundering’, counter terrorism financing or the transfer of funds to Accounts that are blocked under regulations of the Central Bank of Myanmar and other regulators.
3.1.3 T Bank reserves the right to add, change, move Services offered or suspend the Services to the Customers at its own discretion or under the instructions of the relevant authorities.
3.1.4 T Bank shall set any fees, charges, transaction limits associated with TPay and will collect according to the prescribed rate. T Bank reserves the full right to change/modify fees, charges, commission and transaction limit at its own discretion for any reason at any time without any prior notice.
3.1.5 The Customer must not exceed the daily or monthly cumulative transaction limit set by T Bank in accordance with the rules and regulations of CBM. T Bank shall either prohibit any excess transactions or close the Account for any transaction of all types that exceed the transaction limit.
3.1.6 T Bank shall has the right to freeze or suspend the TPay in accordance with the regulations or procedures set by the authorities from time to time.
3.1.7 T Bank reserves, at its own discretion, the right to decline TPay Application of the Customer or cease providing the Services to the Customer.
3.1.8 T Bank may close or revoke TPay Account and Services, with or without notice to the Customer if the Customer does not follow T Bank’s instructions in connection with the TPay Account and Services or the Customer does not comply with this Terms and Conditions or any applicable law.
3.1.9 T Bank shall has the right to freeze or suspend the TPay Account and Services in accordance with the regulations or procedures set by the authorities from time to time.
3.2 OBLIGATIONS OF CUSTOMER
3.2.1 The Customer shall make a TPay registration with own full legal name as described in NRC or passport.
3.2.2 TPay Blue Application usage is limited to only personal purposes and any other purposes are strictly prohibited. Any non-personal name in the name field (including Level 1) shall be rejected by T Bank.
3.2.3 The Customer warrants that all personal information contained in the Customer TPay registration together with supporting identification documentations is correct, accurate and up to date.
3.2.4 The Customer shall provide T Bank with any updated personal information together with supporting documentations if the Customer’s personal information changes or if T Bank requests to satisfy KYC requirements or other legal/regulatory requirements.
3.2.5 Any requests to change the mobile phone numbers or changing any information of TPay Account by the Customers themselves are not allowed. The Customers shall call the TPay Call Center and are to follow the instructions.
3.2.6 T Bank identifies the Customers by their unique mobile number and Transaction PIN. All transactions initiated with the mobile number and transactions will be attributed to the Customer. If a Transaction PIN/ number is received, and the mobile phone and the registered TPay Account are able to be accessed, it shall be deemed that the Customer himself or the authorized person is making the Transaction. T Bank shall not reverse any transaction once completed if such transaction is attributed by the Customer.
3.2.7 The Transaction PIN of the Customer shall be kept secret, and it is the sole responsibility of the Customer to prevent the act of an unscrupulous person to ensure safety. Any consequences arising from disclosing the Transaction PIN of the Customer or illegally using it by someone is the sole responsibility of the Customer.
3.2.8 The Customer agrees not to give or make available transaction PIN to any other individuals, including anyone claiming to represent T Bank. The Customer acknowledges that T Bank will never ask the Customer for Customer’s Transaction PIN and that T Bank employees do not need the Customer Transaction PIN.
3.2.9 T Bank has no responsibility to make remedies for losses or revoking arising out of money exchange with a certain person through TPay Account and other financial services applied by Customers.
3.2.10 The Customer is aware, agrees, and acknowledges confirms that T Bank is required to provide Customer data and transaction information to any Court or government authorities. when requested.
3.2.11 Before making Transactions, the Customer shall thoroughly check the information of the receiver, and T Bank has no responsibility for any loss or harm caused by transaction errors.
3.2.12 The Customer shall notify T Bank immediately in case the Customer’s mobile phone or SIM is stolen/lost in order for T Bank to block the Customer’s TPay Account so that the Service is suspended and unauthorized Transactions are prevented.
3.2.13 The Customer shall not be permitted by the TPay in any of the following conduct/activities including, but not limited to, in connection with the use of the Customer’s TPay Account:
3.2.13.1 providing TPay with false, inaccurate, or misleading information;
3.2.13.2 using the Customer’s TPay for any illegal activities;
3.2.13.3 using the TPay in a manner that may result in complaints, disputes, claims, penalties, or other liability to T Bank, other users, or third parties or may be regarded as abuse or a violation of any services provided by a third party and used by the Customer for potentially fraudulent funding (or withdrawing from) the Customer’s TPay Account; or
3.2.13.4 breaching these Terms and Conditions or any applicable laws and regulations.
3.2.14 If the Customer has reasonable cause to believe that he/she has been a victim of fraudulent activities including unauthorized or suspicious use of his/her TPay Account, the Customer shall immediately contact TPay Call center to report the incident.
3.2.15 After making investigations by officials of T Bank, the Customer shall cooperate in finding the necessary information. T Bank will inform the Customer on the progress of the investigation through the respective department enabling the Customer to know the latest development.
3.2.16 If the Customer is suspicious of getting involved in fraud case, he or she has to cooperate with the appropriate persons in the investigation of T Bank. The Customer must be in a position to submit firm evidence that he or she is not getting involved in the fraud case. If not, the Customer shall follow the sole discretion of T Bank.
3.2.17 The Customer agrees that he/she will provide/disclose necessary information to T Bank to manage fraudulent cases, AML/CFT, or to comply with any other laws in Myanmar, and T Bank will disclose any information of the Customer to relevant authorities when required by law.
3.2.18 The Customer agrees that the Customer gives T Bank consent to collect, use, disclose and retain his/her personal information and other information. By using the Service, the Customer agrees to TPay’s Terms and Conditions.
3.2.19 Customers who do not make any transactions within a 24-month period, will have their wallets converted from Active Status to Dormant Status. T Bank has the right to deactivate/suspend the wallet account if the account is inactive or dormant for the period of time defined by T Bank.
3.2.20 Dormant Customers who want to reactivate their Dormant Accounts would need to visit the nearest T Branches or TPay Centers to make the request accordingly and shall fulfill all KYC (Know Your Customer) formalities required by T Bank.
4. HOURS OF OPERATION
The Customer transaction available time is 24 hours on Business Days at the moment. However, this may be subject to change according to unforeseen situations in the future and the Customer agrees to check from time to time. The Customer understands that T Bank will have to perform periodic maintenance to the hardware and software used to provide Services, which may cause temporary service interruptions. The Customer acknowledges that T Bank has no obligation whatsoever to furnish any maintenance and support services with respect to the TPay.
5. DIRECT DEBIT AUTHORIZATION
The Customer hereby agrees and irrevocably authorizes T Bank limited to debit the relevant amount, by means of payment service procedure, from the Customer’s Bank Account for any disputes arising out from the access and usage of TPay. Furthermore, if a dispute occurs and if there is no or not enough funds in the Customer’s Account, the Customer agrees to credit the amount and other relevant amounts to their Account.
6. FORCE MAJEURE
The Customer understands that T Bank shall not be liable for any failure of or delay in the performance of this services for the period that such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes or labor disputes, embargoes, government orders, fire, flood, torrential rain, storm or other extreme weather conditions, riot, insurrection, civil commotion, sanctions, boycott, failure of electricity, equipment failure, or any other force majeure event. T Bank performance of these services will, to the extent that it is prevented, hindered or delayed by such circumstances, be suspended until such circumstances cease to exist. T Bank will not be liable to the Customer or any other party or be considered in breach of these Terms and Conditions for a failure to perform, or delay in performing, any such obligation set out in these Terms and Conditions while those circumstances continue.
7. ANTI-MONEY LAUNDERING AND SANCTIONS
7.1 T Bank is subject to anti-money laundering laws in the Republic of the Union of Myanmar and certain countries, which may prohibit T Bank from entering or concluding transactions involving certain persons or entities.
7.2 The Customer must provide all information required by T Bank in order to manage its anti-money laundering or counter-terrorism financing and risks from the economic trade sanctions or to comply with any other laws and regulations of the Republic of the Union of Myanmar.
7.3 The Customer declares and undertakes that the process of any transactions by T Bank will not breach any of the laws in Myanmar or any other country.
8. LIMITATION OF LIABILITY
8.1 T Bank will process and complete all Transactions initiated which comply with this Terms and Conditions. However, T Bank shall not be liable if T Bank is unable to complete any Transaction initiated by the Customer because of the existence of one or more of the following circumstances:
8.1.1 The Customer Account does not contain sufficient funds to complete the payment;
8.1.2 The TPay Application Service, the communication line, the mobile device, or modem was not functioning properly, and the Customer knew about the malfunction or was advised of it by T Bank when the Customer started the Transaction;
8.1.3 The Customer did not properly initiate Transaction or provide T Bank with the correct names and account information for those Payees to which the Customer wishes to direct payment;
8.1.4 Circumstances beyond T Bank’s control (such as, but not limited to, fire, power outage, equipment or technical breakdown, flood, or other outside force) prevent the proper execution of the transaction;
8.1.5 The Customer instructs T Bank to make a type of payment, such as tax payment or Court-ordered payment, which T Bank cannot make;
8.1.6 The funds are subject to legal process or other hold or encumbrance restricting such transfer.
8.2 T Bank will not be liable to the other for any loss of profits, loss of data, loss of use, cost of cover, business interruption or other special and incidental, indirect punitive or consequential damages. However, caused, under theory of liability, arising from the performance or relating, to this Terms and Conditions, unless the party causing loss did so willfully, negligently or without the due care and skill required for someone in the position of that party.
9. RIGHT TO SET OFF
The Customer is obliged to return any excess funds inaccurately credited due to erroneous transactions by a third party or by T Bank or for any reason. Where such funds do not rightfully belong to the Customer, T Bank may deduct such excess deposits without any restriction, notice or by all reasonable other means.
10. INTELLECTUAL PROPERTY
T Bank is an owner of all intellectual property rights, whether in contents or wording, pictures, signs, logo, trade service marks, trade name as well as all design works, in all documents, websites of T Bank, and TPay Application. The Customer must not exploit the intellectual property right of T Bank or make any advertisement without receiving prior written consent from T Bank. The Customer shall not perform or allow any third party to perform any action that might cause damage to the image, trademark, trade name, or other intellectual property right of T Bank.
11. TERMINATION
T Bank may suspend or terminate the Service at any time, with or without cause and without affecting the Customer’s outstanding obligations under these Terms and Conditions. T Bank may immediately take this action if the Customer breaches this or any other agreement with T Bank; T Bank has reason to believe that there has been or may be unauthorized or illegal use of the Customer Account or the Service; as instructed by CBM or respective regulatory authorities; ၊ there are conflicting claims to the funds in the Customer Account. T Bank will check all Customer’s Accounts information with T Bank and has the right to deduct the accrued amount on any Accounts Customers hold with T Bank.
12. DATA PRIVACY
12.1 T Bank collects and uses personal information from the Customer when the Customer register for TPay Account, use the TPay Account for financial transactions, or TPay Services. The Customer’s personal information that T Bank collects including Registration Information: the Customer’s name, date of birth, address, phone number, National Registration Card (NRC) or Valid Passport Information and Photos, biometric information, email address, and other contact information or any other and any other identifying information of the Customer (hereinafter referred to as “Privacy Data”) relating to the use of TPay Application provided that, any information that is freely available or accessible in the public domain shall not be regarded as sensitive Privacy Data or information. T Bank understands that the Customer’s Privacy Data is important to the Customer and T Bank values Customer’s trust in Privacy Data, thus T Bank will use commercially acceptable means of protecting it. T Bank will use the information collected from the Customer for several lawful purposes such as;
12.1.1 Processing applications and transactions.
12.1.2 Verifying the Customer’s identity (such as when the Customer access the Customer’s Account information).
12.1.3 Preventing fraud and enhancing the security of the Customer’s Account or services.
12.1.4 Responding to the Customer’s requests and communicating with the Customer.
12.1.5 Complying with and enforcing applicable legal requirements, relevant industry standards, contractual obligations, and T Bank’s policies.
12.2 T Bank may retain the Customer’s Privacy Data for a longer period (including after the Customer is no longer a User), if it is necessary to comply with laws and regulations applicable to T Bank. T Bank uses a variety of security measures and technologies designed to help protect Customer’s Privacy Data from unauthorized access, use, disclosure, alteration, or destruction consistent with applicable laws and regulations.
12.3 The Customer hereby authorizes and agrees T Bank to exchange, share, and utilize the services of necessary third parties (external service providers or agents) and disclose the Customer’s Privacy Data to such third parties on such terms and conditions as required or part with all the information relating to the Customer, biometric information, account information and all information pertaining to the Customer or as expressed in the application made for availing the banking services to its Affiliates, banks, financial institutions, credit bureaus, agencies, and statutory bodies.
12.4 This Clause 12 relating to Privacy Data is part of the terms and conditions and is subject to change and any changes to this Clause 12 will become effective once the Customer agrees on these Terms and Conditions.
13. SECURITY
T Bank is committed to protecting the security and confidentiality of information about the Customer Account and use of TPay. T Bank has taken reasonable and appropriate measures to ensure that any personal information is always secure in the TPay system. However, T Bank cannot guarantee that the public personal information that may have previously been provided will not be intercepted by others and unencrypted or compromised. T Bank will not be held liable for any security breach that occurs for reasons outside of its control.
14. DISCLAIMER
14.1 To the fullest extent permitted by law, the T Bank makes no representations or warranties of any kind in respect of the Service, either express or implied, statutory or otherwise, including but not limited to implied warranties of merchantability or fitness for a particular purpose, and the T Bank hereby disclaims any such representations, warranties, and conditions of any kind.
14.2 The T Bank shall not be liable for any authorized transactions occurring through the use of the facility and the Customer hereby fully indemnifies and holds the T Bank harmless against any action, suit, proceeding initiated against it or any loss, cost, or damage incurred by it as a result thereof.
15. WARRANTY
As a condition of the use of services, the Customer warrants to T Bank that the Customer will not use services for any unlawful purpose. The Customer agrees to abide by all applicable laws, rules, regulations, and statutory requirements regarding the use of services.
16. ASSIGNMENT AND SUCCESSORS
The Customer may not assign or transfer any of its rights or obligations under these Terms and Conditions either in whole or in part, to any third party without the prior written consent of T Bank. T Bank shall have the right at all times to assign or transfer any of its rights or obligations under these Terms and Conditions either to any assigns or successors of T Bank.
17. AMENDMENT
The Customer acknowledges that T Bank reserves the right to amend, modify or substitute any provisions of this Terms and Conditions or to the services and/or any charges at any time for any reason at its sole discretion and without any prior notice. The Customer shall be responsible for regularly reviewing these terms including amendments thereto as may be posted on the Website or TPay Application. Any use of this service after a change or changes take effect will constitute these Terms and Conditions to such changes.
18. WAIVERS
Failure or delay on part of either party to enforce any provision(s) of these Terms and Conditions at any point of time shall not be construed to be a waiver by such party of such rights thereafter to enforce each and every provision of these Terms and Conditions.
19. SEVERABILITY
Each of the provisions of these Terms and Conditions shall be several and distinct from one another. If any of the provisions of these Terms and Conditions becomes invalid, void, illegal, or unenforceable in any respect under any law, the validity, legally and enforceability of the remaining provisions shall not in any way be thereby affected or impaired.
20. NO RELATIONSHIP
Nothing in these Terms and Conditions shall be construed as to create the relationship of employer-employee, partners, collaborators, joint-venture, or principal-merchant between the parties hereto. The parties shall be independent contractors and neither party shall bind the other by its acts, deeds, or omissions.
21. GOVERNING LAW AND DISPUTE RESOLUTION
These Terms and Conditions shall be governed by, and construed in accordance with, the laws of the Republic of the Union of Myanmar, and the Courts in Myanmar shall have exclusive jurisdiction to solve any dispute arising from or under these Terms and Conditions.
22. LANGUAGE
These Terms and Conditions are made in both English and Myanmar and both versions shall be equally authentic and effective. In case of any discrepancy between the two versions, the Myanmar version shall prevail.
23. CONTACT INFORMATION
ADD
No.40/4,Nawaday Garden Housing,Yangon
Tel
+959750336828
E-mail
contact@hipayasia.com