Terms & Conditions |

THE FOLLOWING TERMS AND CONDITIONS APPLY TO YOUR ACCESS AND THE USE OF THE WEBSITE AND THE SERVICES PROVIDED HEREIN BY MAYBANK (CAMBODIA) PLC. BY ACCESSING ANY PAGES OF THE WEBSITE AND/OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS WITHOUT LIMITATION OR QUALIFICATION. FROM TIME TO TIME, WE MAY NEED TO REVISE THESE TERMS AND CONDITIONS, IN WHICH CASE WE WILL POST THE REVISED TERMS AND CONDITIONS ON THE WEBSITE. IF YOU CHOOSE TO CONTINUE USING THE WEBSITE AFTER ANY REVISIONS TO THESE TERMS AND CONDITIONS, YOU SHALL BE DEEMED TO HAVE ACCEPTED THE REVISED TERMS AND CONDITIONS ACCORDINGLY. IF YOU CHOOSE NOT TO ACCEPT THESE TERMS AND CONDITIONS, PLEASE IMMEDIATELY DISCONTINUE YOUR ACCESS TO THE WEBSITE AND/OR USE OF THE SERVICES. BELOW, PLEASE FIND THE MOST RECENT REVISION OF OUR TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS EXPLAIN YOUR RESPONSIBILITIES AND OBLIGATIONS RELATING TO YOUR USE OF THE "INTERNET BANKING SERVICES" (AS DEFINED BELOW).

Definitions

The following words and expressions carry the following meaning:

"Account" means your savings, current, loan, fixed deposit or any other accounts with the Bank and which may be accessed via the Internet Banking Services.

"Access Codes" means the Access No., Password and Username.

"Access No." means your Customer Information File Number (CIF No.) with the Bank or any number issued by the Bank to you for the first time logon to the Internet Banking Services.

"Account Holder" means you, a customer of the Bank and registered for use of the Internet Banking Services.

"Account Terms" means the terms and conditions of the relevant Account(s) and/or Third Party Account(s) which may be accessed through the Internet Banking Services.

"Affiliate" means any third party offering products, services, content and information on the maybank2u.com.kh website.

"Bank" means Maybank (Cambodia) Plc., a public limited company incorporated under the laws of Cambodia, having registered with the Ministry of Commerce under Company Registration No. Co. 068E/1996 and having its registered address at No. 4B, Street 114 (Kramoun Sar), Sangkat Phsar Thmey I, Khan Daun Penh, Phnom Penh, Kingdom of Cambodia and includes its parent company, subsidiaries, affiliates and its successors in title and assigns, and where applicable, any of them.

"Banking Services" means products and services of the Bank and its Affiliates made available to you on the maybank2u.com.kh website.

"Bill" means the latest bill, renewal notice and/or payment demand received by you from a Payee Corporation.

"Business Day" means any day from Monday to Friday on which the Bank is open for business in the Cambodia.

"Debit /Cash Card Agreement" means the agreement as may be entered into between you and the Bank and/or any other bank or third party in relation to the debit/cash card issued by the Bank and/or such other bank or third party.

"First Time Activation Code (FTAC)" means the temporary 6-digit code given by the Bank to you upon your registration for the availment of the Internet Banking Facility, which you shall use for the first time to logon to the Internet Banking Services.

"Instruction" means instruction given by yourself in respect of your Account(s) or any other transaction using the Internet Banking Services.

"Internet" means the global network of computers and telecommunications systems which facilitate communication.

"Internet Banking Services" means the Banking Services and any other products and services, which you may access through the Internet, upon the correct input of your Username and Password.

"Riel" means the lawful currency of Cambodia.

"Network Service Provider" means any Internet service provider providing connection to the Internet.

"Password" means a unique string of characters chosen by you and known only to you and recorded in the Bank's computer system, which must be keyed in by you for authentication of your Username and grant of access to the Internet Banking Services.

"Payee Corporation" means billing corporations approved by the Bank from time to time and displayed on the maybank2u.com.kh website bill payment screen, whose bills can be paid by you using the Internet Banking Services.

"Terms and Conditions" means these Terms and Conditions governing the use of the Internet Banking Services.

"Third Party Account(s)" means your other account(s) with other bank(s), Affiliates, Payee Corporations, or other third parties. This also includes your accounts with the Bank which are not enrolled in the Internet Banking services.

"Transaction Authentication Code" means the 6-digit code sent by the Bank via SMS for the availment of an Internet Banking Service, which you shall use to complete an Internet Banking financial transaction.

"Transaction Record" means the confirmation of the receipt and/or execution of an Instruction initiated by you through the Internet Banking Services as reflected in the Instruction Confirmation/Status View.

"United States Dollar (USD)" means the lawful currency of United States of America.

"Username" means a unique name made up of a string of characters chosen by you, which must be keyed in by you in order for the Internet Banking Services system to associate the Username with your user profile and Account(s).

1. Application / Registration to Subscribe to the Internet Banking Services

1.1 You may apply to use the Internet Banking Services at any Maybank Cambodia branches on business day by filling out the registration form and submitting the requirements in compliance with existing laws and regulations. It is the Bank's sole and absolute discretion whether to reject or accept your application.

1.2 Where the Bank has rejected your application, the Bank is not obliged to provide any reason for such rejection or to respond to any request for information. If you have previously applied for subscription to the Internet Banking Services and thereafter cancelled or deactivated the service for whatever reason and you wish to re-avail of the Internet Banking Services, you shall have to go through the same registration process as if you are applying for the first time.

1.3 For corporate customers, only the duly authorized officer(s) of corporate accounts, with proof of his/their specific authority in the form prescribed herein shall be allowed to register the corporate account for the Internet Banking facility. Such authority shall be in the form of a duly notarized Shareholder Resolution and/or Board of Directors Resolution and/or Secretary's Certificate

(a) Authorizing the corporation to register for MCP's Internet Banking facility;
(b) Stating the specific mobile number to be registered for purposes of the IB facility; and
(c) Designating the person authorized to access and to perform IB transactions for the company. Three (3) authorized persons shall be designated by the corporate client to access and perform Internet Banking transactions for the corporation.

2. Account Terms and Conditions

2.1 When you use the Internet Banking Services, you must comply with the Terms and Conditions and other applicable terms relating to your Account, Banking Services, Third Party Accounts and the terms of the Debit/Cash Card Agreements.

2.2 Where these Terms and Conditions contradict the terms and conditions referred to in clause 2.1 above, these Terms and Conditions shall prevail to the extent of such contradiction.

3. Accounts Where Internet Banking Services May Be Available

3.1 You can perform or initiate transactions using the Internet Banking Services only from accounts which you have linked to the Internet Banking facility. Financial transactions shall be available for USD and Savings Account (CASA) only. Non-financial or inquiry transactions shall be available for CASA and term deposits, USD currencies, as well as for loan accounts.

3.2 The Internet Banking Services that are available for specific accounts are provided in the website.

4. Who May Apply for the Internet Banking Services

4.1 If you are an existing individual and/or sole proprietor client of the Bank, you are eligible to register for the Internet Banking facility. However, "And" joint accounts are not eligible for this facility. On the other hand, owners of "And-Or" joint accounts may apply for separate and independent access to this facility. The Internet Banking Services that are available for specific accounts are provided in the website. For "And/Or" joint accounts, you understand and agree that all transactions to be made by any one of you via the Internet Banking Services are deemed done with the consent of all the co-depositors.

4.2 The authorized officers of corporations may also register the corporate account for the Internet Banking facility, for selected services available for corporate clients in the website. Three (3) authorized persons shall be designated by the corporate client to access and perform Internet Banking transactions for the corporation.

4.3 Only active, matured or outstanding (for term placements) and accounts without any restriction tagging may be allowed for linking to the client's Internet Banking facility. The Internet Banking Services that are available for specific accounts are provided in the website.

5. Acceptance of Terms and Conditions

5.1 You agree that the use of the Internet Banking Services by you, will constitute your acceptance of these Terms and Conditions as well as to the inherent risks in conducting any transaction over the Internet.

5.2 The Bank recommends that you store or print a copy of these Terms and Conditions for your records.

6. Equipment, Software and Network Access

6.1 You agree that it is your obligation to maintain the device or terminal used in accessing the Internet Banking Services.

7. Gaining Access to the Internet Banking Services

7.1 If you have an Account with the Bank which you wish to access via the Internet Banking Services, you may subscribe to the same with the following procedure:

7.1.1 For your first time logon, you would be required to key in your Access No. and First Time Activation Code in the relevant logon page on the Maybank2u.com.kh website.

7.1.2 Upon the successful registration and verification of your Access No. and First Time Activation Code as well as your acceptance of these Terms and Conditions, you would be required to create a Username and Password.

7.1.3 Upon the on-screen confirmation of your Username and Password, your access to the Internet Banking Services will be activated.

7.2 The Bank has no obligation to verify the authenticity or persons effecting your transactions sent through the Internet Banking Services nor check on its accuracy and completeness. Such instruction shall be deemed correct, complete and binding. You hereby accept full responsibility for all transactions executed done with the use of your Username and Password.

7.3 To access the Internet Banking Services, each time you log on you will need to key in:

7.3.1 Your Username; and

7.3.2 Your Password.

7.4 You agree that the Bank has the right to invalidate your Username and Password without being obliged to offer you any explanation or prior notice and that you will not hold the Bank liable for any loss or damage which you may suffer as a result of such invalidation of your Username and Password

7.5 You may change your Password at anytime. You agree that the Bank uses your Username and Password to identify you and acknowledge that you must keep both your Username and Password strictly confidential and secure and exercise reasonable care to prevent unauthorized access and/or use.

7.6 Once you have logged on to the Internet Banking Services, you must not leave the terminal or other devices from which you have accessed the Internet Banking Services at anytime or let anyone else use it until you have logged off. You are responsible for ensuring that you have logged off the service at the end of each session.

7.7 We may have to request from you your Username, (but not your Password) in order to provide maintenance services to you. If you supply us with your Username, we will keep it secret. NEVER SUPPLY YOUR PASSWORD TO ANYONE. It is understood that if you have not done any activities at the Internet Banking facility within 90 days, the system will automatically deactivate your account. You need to contact the Bank to activate the account. Likewise, if you have not done any activities within 180 days, the system will cancel your Internet Banking access. You will then need to re-apply for Internet Banking facility.

7.8 You are required to register a mobile number for you to be able to receive the FTAC/TAC. The Bank shall send your FTAC/TAC to the mobile number that you will supply to the Bank. If you do not receive your FTAC/TAC within 24 hours from registration, you undertake to contact to the Bank so that the Bank may take appropriate measures accordingly.

7.9 It shall be your duty to immediately inform the Bank of any change / update of your mobile number by filling out the required request form at any MCP Branch. The Bank shall not recognize any mobile number not duly registered (or changed) in accordance with the procedure provided herein. Corporate accounts who wish to have their registered mobile number changed shall be required to submit a Shareholder Resolution and/or Board Resolution and/or Secretary's Certificate specifying such authority to change and the new mobile number to be registered for the account. It is understood that the Bank shall not be liable for any liability you may suffer on account of your non-compliance with the required procedure for the change in the registered mobile number.

7.10 All information, including but not limited to FTAC and TAC sent by the Bank to your registered mobile number shall be considered received by you. Thus, you shall be solely responsible for securing any such information received through your registered mobile number and you hold the Bank free and harmless from any liability you may suffer on account of the Bank's sending information to your registered mobile number, unless you have earlier duly informed the Bank in the manner prescribed, regarding any change in your mobile number.

8. Internet Banking Services

8.1 Upon the activation of the Internet Banking Services, you will be able to access such Banking Services as the Bank and/or any other 3rd Party may from time to time make available to you on the website.

8.2 When the Bank introduces new services under the Internet Banking Services, the Bank may provide them on such supplementary terms notified to you.

8.3 You agree and accept that any Instructions which you may issue shall at all times be subject to such limits and conditions as may be fixed or specified by the Bank from time to time at its absolute discretion.

8.4 In cases which involve or require the consent or approval of third parties, the Bank's obligations to perform any Instructions would be subject to such consent and approval being obtained by you.

8.5 You shall ensure that there are sufficient funds at all times available in your Account(s) to perform any of your Instructions.

8.6 You agree that the Bank is entitled to debit your Account(s) to effect any transaction and any corresponding fees and charges instructed by you.

8.7 In the event your Account is overdrawn as a result of your Instructions being carried out by the Bank or otherwise, you agree that you shall on demand by the Bank pay into your Account the amount your Account is overdrawn inclusive of interest thereon which shall be calculated based on the Bank's then current overdraft interest rate.

8.8 You agree that the Bank has the absolute right to add, suspend, limit, withdraw, cancel or vary any transactions, facilities, services and products that can be accessed by you through the Internet Banking Services and the scope and/or extent of such transactions, facilities, services and products.

9. Authorization

9.1 You hereby authorize the Bank to comply with all Instruction(s) given in respect of the Internet Banking Services accessed using your Username and Password as Instruction(s) properly authorized by you even if they may conflict with any other mandate given at any time concerning your Accounts or affairs.

9.2 You agree that such Instruction(s) shall be binding on yourself upon its transmission to the Bank and the Instructions cannot be changed or withdrawn without the Bank's consent and that the Bank is not further obliged to check the authenticity of such Instruction(s).

10.           Instructions

10.1 You hereby agree that it is your responsibility to review the Transaction Record pertaining to any Internet Banking Services transaction initiated on your Instruction.

10.2 Should you have any reason to believe that an Instruction has not been accurately or completely received by the Bank, you shall inform the Bank by telephone no later than twelve (12) hours after transmission of the relevant Instruction(s).

10.3 Any Instructions to the Bank for cancellation, revocation, reversal or amendment or clarification of your earlier Instructions, can only be effected, if your request is received before the earlier Instruction is executed.

10.4 The Bank reserves the right at its sole discretion, to refuse to carry out any of your Instructions where your Instructions are inconsistent with the Bank's policy or laws or for any other reasons whatsoever.

10.5 Where you give Instructions to the Bank to effect transactions in relation to the Internet Banking Services, you shall provide accurate and complete details as required by the Bank.

10.6 The Bank shall not be liable for any failure, delay or shortcoming by any third party howsoever caused with whom you have accounts or otherwise when they are executing the Bank's instructions to them.

11.           Service Availability

11.1 The Internet Banking Services are intended to be available seven (7) days a week, twenty four (24) hours a day but there is no warranty that the same will be available at all times. The Bank will use reasonable efforts to inform you of any or all services under the Internet Banking Services which are not available from time to time.

11.2 It is understood however that some or all of the services may not be available at certain times due to system maintenance and/or computer, telecommunication, electrical or network failure, instruction by your Bank or any other analogous reason beyond the control of the Bank. You acknowledge that the Bank will not be liable to in case you are unable to access the system. The Bank is not under any obligation to notify or explain to you the reason for any system unavailability as provided herein.

12.           Account Information

12.1 The Bank does not warrant the accuracy of any information pertaining to your Account(s), Third Party Account(s) or transactions as reported through the Internet Banking Services. You must ensure that the information you provide to us in relation to the Internet Banking Services is true, complete and updated.

12.2 You agree that the information pertaining to your Account(s), Third Party Account(s) or transactions as reported through the Internet Banking Services shall not for any purpose whatsoever be taken as conclusive of the status of your Account(s), Third Party Account(s) or transaction.

12.3 The Bank will issue you such statements of account as agreed in the Bank's Account Terms.

13.           Bill Payment

13.1 The Bank may amend its list of Payee Corporation(s) or withdraw the Payee Corporation(s) from its list without assigning any reason and you agree that the Bank shall not be liable for any loss or damage which you may suffer as a result of the Bank's actions.

13.2 The Bills payment services of the Bank shall be used only for the purpose of settling Bills to Payee Corporations. You hereby agree to abide by the current procedures, requirements and terms of each Payee Corporation in respect of settling their respective Bills.

13.3 The Bank shall not be liable for any loss or damage suffered by you for delayed payments to Payee Corporation on account of force majeure or reasons beyond the control of the bank, unless such failure is due to the Bank's gross negligence or willful default to make payments.

13.4 The Bank shall not be under any duty to ensure punctual payments of Bills by you and neither shall the Bank be under any duty to monitor payment of Bills or to notify any person of the late payment for any Bills.

13.5 The Bank will not be under any duty to assist in resolving any dispute you might have with any Payee Corporation and you are to resolve the same directly with the relevant Payee Corporation.

14.           Fund Transfer

14.1 Transfer of funds to either your own Account or an account of a third party which is maintained with the Bank, will be transacted and received by the payee immediately.

14.2 Fund Transfer Instructions shall be subject to such limits and conditions as imposed and/or revised by the Bank or relevant authorities at their absolute discretion from time to time.

14.3 Fund Transfer Instructions where you are transferring funds to your own account or the accounts of third parties with any other bank shall also be subject to the terms and conditions and/or approval of the bank with which that other account is maintained. For the avoidance of doubt, this Fund Transfer service shall be available for the transfer of funds to your own account or the accounts of third parties with such bank(s) as may be determined by the Bank from time to time.

14.4 You acknowledge and agree that the Bank shall not be responsible or liable for any delay or failure to effect Fund Transfer where the other bank to which the Fund Transfer is made has delayed, rejected, refused or is otherwise unable to accept such Fund Transfer. The Bank will immediately or as soon as practicable inform you of such delay, rejection, refusal or otherwise non acceptance of such Fund Transfer through the Transaction status display and or the Transaction History feature of the system

14.5 The Bank shall only be able to effect the fund transfer if the source account have sufficient balance to cover for the charges.

15.           Fixed Deposit

15.1 You may open or renew an existing Fixed Deposit (FD) with the Bank using the Internet Banking facility. It is understood however that this facility shall only be for the purpose of receiving your instruction regarding FD opening or renewal. The actual processing of the FD placement at your chosen branch shall be on the next banking day after you have made your instruction via the Internet Banking facility.

15.2 You acknowledge that the usual FD placement processing procedures shall apply. The FD interest rate that will be used shall be the rate at the time of booking at the Internet Banking facility while the start of the term of the FD shall be the actual processing day which is the banking day after the FD placement is made via the Internet Banking facility. For renewal of FD, after the instruction is received through the Internet Banking facility, the existing regular procedure of the Bank shall be followed.

16.           Loan Application

16.1 You may submit your application for the following types of loan through the Internet Banking facility: Individual Loan, Housing Loan and Commercial Loan. It is understood however that this facility shall only be for the purpose of receiving your application for loan. The Bank shall process your application on the next banking day subject to the Bank's usual requirements, processing and procedure for approval.

17.           Stop Payment Order of Checks

17.1 You may instruct the Bank to stop the payment of the check(s) you issued through the Internet Banking Services. The Bank shall stop the payment of the subject check(s) provided all the details required by the system are given by you. It is understood however that this facility shall only be for the purpose of receiving your instruction regarding stop payment. The stop payment order shall be effected immediately after you have made your instruction via the Internet Banking facility.

17.2 It is understood however, that the Bank shall only be able to effect the stop payment order if it receives your instruction prior to its payment of the check. The Bank shall not be liable for any stop payment instruction received after payment or return (if not funded or with insufficient account balance) of the check is made.

17.3 You acknowledge that the usual stop payment order processing procedures and relevant charges shall apply.

18.           Checkbook Re-Order

18.1 You may re-order checkbooks. It is understood however that this facility shall only be for the purpose of receiving your instruction regarding checkbook re-order. The same shall be effected on the next banking day after you have made your instruction via the Internet Banking facility.

18.2 You agree that you may re-order one (1) checkbook per transaction through the Internet Banking Services.

18.3 The checkbook(s) re-ordered shall be ready for pick-up at your branch of account two (2) weeks from date of re-order.

18.4 You acknowledge that the relevant charges, such as cost of checkbook shall apply for checkbook re-order effected through the Internet Banking Services, which shall be debited from your Account without need of further demand, notice or consent.

18.5 You also agree to hold the Bank free and harmless from any and all claims and liabilities and you undertake to reimburse/indemnify the Bank for all such costs, payments, damages and expenses which the Bank may be liable for or which the Bank may incur or have incurred by reason of the Bank's implementation of your checkbook re-order(s); and you further undertake to notify the Bank promptly in writing of any change in the conditions which give rise to your request for checkbook re-order.

19.           Confidentiality

19.1 You accept that you will be responsible for the confidentiality and use of your Access Codes and that you shall at no time and under no circumstances reveal your Access Codes to anyone including the staff of the Bank.

19.2 You undertake to observe all security measures prescribed by the Bank concerning your Access Codes or generally in respect of the use of the Internet Banking Services. The Bank shall be indemnified and not be held liable against any and all proceedings, claims, losses, damages or expenses, including legal costs, that may arise from any of the following conditions:

1. Any of your instructions verified by us or by the System as conveyed with the use of your Access Number, Username and Password;

2. Any loss or damage due to your interference or tampering with, or alteration or misuse of, or amendment of the website.

19.3 Should you have any reason to believe that any of your Access Codes have been misused and/or compromised by disclosure or discovery, you must inform the Bank immediately.

19.4 Should you receive any data and information through the Internet Banking Services which is not intended for you, you agree that all such data or information shall be deleted from your computer system immediately and that you will notify the Bank by telephone immediately and in any case no later than twelve (12) hours from your receipt thereof.

19.5 While the Bank has endeavored to put in measures to secure the System, the Bank does not assume any warranty on the confidentiality, secrecy and security of any information sent out through any internet service provider, network system or other similar system via Internet Banking.

20.           Disclosure of Customer's Information

20.1 The Bank and each of its Affiliates agree not to disclose to third parties any financial information you have provided or that the Bank and/or its Affiliates have obtained about Account(s) and the transactions thereunder unless it is:

20.1.1 To comply with laws and regulations or appropriate government agency or court orders or requests.

20.1.2 To verify the existence and condition of your Account for a third party, such as a credit bureau or merchant

20.1.3 When it is necessary to complete a transaction

20.1.4 To provide services relating to your Account or to offer other products and services and to such service providers relating thereto (if any)

20.1.5 In connection with examination by banking authorities

20.1.6 With your written permission

20.2 You understand that while the Bank will use its best endeavours to ensure that all information transmitted or received using the Internet Banking Services is secure and cannot be accessed by unauthorized third parties, the Bank does not warrant the security of any information transmitted by you using the Internet Banking Services. Accordingly, you agree to accept the risk that any information transmitted or received using the Internet Banking Services may be accessed by unauthorized third parties and you agree not to hold the Bank liable for any such unauthorized access or any loss or damage suffered as a result.

21.           Liabilities

21.1 You acknowledge that the Bank and its Affiliates make no warranties or representations of any kind with respect to the Internet Banking Services, whether express or implied, including but not limited to merchantability or fitness for a particular purpose. Neither the Bank, its Affiliates, or any other party involved in the creation, production or delivery of the Internet Banking Services assume any responsibilities with respect to your use thereof. No oral or written information or advice given by the Bank, its Affiliates or the Bank's employees shall create a warranty or in any way increase the scope of this warranty and you may not rely on any such information or advice.

21.2 TO THE EXTENT PERMITTED BY APPLICABLE LAWS, THE BANK SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT DAMAGES (INCLUDING LOSS OF PROFITS, LOSS OF OPPORTUNITY, LOSS OF SAVINGS AND BUSINESS INTERRUPTION) OR SPECIAL OR EXEMPLARY DAMAGES (INCURRED OR SUFFERED BY YOU OR ANY OTHER PERSON AS A CONSEQUENCE OF USING THE INTERNET BANKING SERVICES)

21.3 Due to the nature of the Internet Banking Services, the Bank will not be responsible for any loss of or damage to your data, software, equipment, network access or other equipment used to access the Internet Banking Services.

21.4 The Bank shall not be held liable for any and all proceedings, claims, losses, damages or expenses, including legal costs, that arise from any of the following conditions:

21.4.1 Any of your instructions verified by us or by the System as conveyed with the use of your Card Number, Access Number and Username;

21.4.2 Any unauthorized use of the Bank's Internet Banking facility, your Card Number, Access Number and Username;

21.4.3 Any loss or damage caused by any access through your Card Number, Access Number and Username when the same is prohibited, restricted, delayed or otherwise affected by:

(i) Any law or regulation of the country from where Bank's Internet Banking facility is accessed and/or the terms and conditions prescribed by your internet service or information service provider; or

(ii) Any law or regulation of any jurisdiction, regional or international authority which governs any use of any component of the Bank's Internet Banking facility.

(iii) Any loss or damage caused by any act or omission of your internet service, information service provider or network provider;

(iv) Any loss or damage due to your interference or tampering with, or alteration or misuse of, or amendment to, the Bank's Internet Banking facility.

(v) There is no responsibility on our part should communications facility malfunction have an effect on the timeliness or accuracy of the instructions sent through this facility.

22.           Proprietary Rights

22.1 You acknowledge that all proprietary rights and intellectual property rights in the Internet Banking Services (including without limitation, the Maybank2u.com.kh website) belongs to the Bank or, where applicable, its Affiliates at all times.

23.           Fees and Charges

23.1 You acknowledge that the Bank shall be entitled to levy or impose service charges or transaction fees from time to time in respect of your use of or access to the Internet Banking Services.

23.2 You acknowledge that you are responsible for all charges imposed by service providers in enabling you to access and/or connect to the Internet Banking Services. You are also responsible for any fees and charges imposed by any Network Service Provider.

23.3 You hereby agree that you are using the Internet Banking Services at your own initiative and are responsible for your compliance with local laws.

24.           International Use

24.1 The use of the Internet Banking Services outside of the Cambodia is subject to the applicable rules and regulations of the National Bank of Cambodia or any fiscal or exchange control requirements operating in the country where the transaction is effected or requested; and the laws and regulations of the Cambodia and the country where the transaction is effected or requested.

24.2 The maximum amount of a transaction and the purpose for which it is effected may be determined by the National Bank of Cambodia and the laws and regulations of the country in which the transaction is effected or requested.

24.3 You hereby agree that you are using the Internet Banking Services at your own initiative and are responsible for your compliance with local laws.

25.           General

25.1 You hereby agree that the Bank's records and any records of the Instructions, communications, operations or transactions made or performed, processed or effected through the Internet Banking Services accessed and used via use of your Password and Username and any record of transactions relating to the operation of any of the Internet Banking Services shall be binding and conclusive on you for all purposes whatsoever and shall be conclusive evidence of the transaction and your liability to the Bank.

25.2 You agree that the Bank has the sole and absolute right to require you to maintain a minimum balance at any one time in your Account(s). Your failure to maintain such a minimum balance as required by the Bank could at the Bank's discretion result in a penalty being imposed against you or lead to a suspension or termination of the Internet Banking Services as provided for in clause 27.

25.3 Any Instructions transmitted by you after the relevant cut-off time on any day will be posted in the books and records of the Bank on or for the next Business Day following the date of the Instruction.

25.4 You shall not be entitled to use the Internet Banking Services, if there exists any restrictions whatsoever in relation to your Account(s) or Third Party Account(s) either imposed by the Bank or by any relevant authorities.

25.5 The provisions of our Maybank2u kiosks and all computer devices and/or terminals (Property) available for your use at our branches are specially for your use and access of the Internet Banking Services only and you shall not use the Property for or in connection with any illegal purpose or activity.

26.           Deactivation, Cancellation and Re-activation of the Internet Banking Services

26.1 Upon completion of registration process, you understand that your enrollment in the Internet Banking facility shall be effective upon receipt of the Bank's confirmation of the activation of your account(s) in Internet Banking and shall remain in full force and effect until the bank receives from you a written notice of its termination and filling out the required form for its termination/deactivation in any MCP Branches. You understand however that the Bank may, at any time, terminate this arrangement without prior written notice of termination.

26.2 Corporate clients who wish to deactivate, cancel or re-activate the Internet Banking Services shall be required to fill out the required request form at any MCP Branches and submit a Shareholder Resolution and/or Board Resolution and/or Secretary's Certificate for the purpose.

27.           Suspension or Termination of Services

27.1 Notwithstanding anything herein to the contrary, the Bank may at any time, in its absolute discretion suspend or terminate your right of access to any of the Internet Banking Services without notice for any reason whatsoever and without any obligation to give any reasons.

27.2 The Bank will automatically terminate your right of access to the Internet Banking Services should you cease to maintain any Account(s) with the Bank which can be accessed via the Internet Banking Services or should your access to such Account(s) be restricted by the Bank or any other party for any reason.

27.3 You may terminate the Internet Banking Services immediately by contacting the Bank. You agree that the Bank shall not be obliged to effect any of your Instructions received on any day falling after the receipt of your notice of termination. The Bank reserves the right to immediately terminate the Internet Banking Services for any reasons whatsoever.

27.4 You acknowledge that the termination of the service as provided herein will not affect your liability or obligations in respect of the instructions processed by the Bank on your behalf.

28.           Indemnity

28.1 You hereby agree to indemnify and keep the Bank indemnified from and against any and all claims, losses, liabilities, cost and expenses (including but not limited to any legal fees) arising directly or indirectly or which may arise out of your breach or violation of these Terms and Conditions or any third party rights or your use or purported use of the Internet Banking Services or due to the delay and/or failure of such Internet Banking Services.

29.           Notices

29.1 You hereby consent to all notices and other communications which concern the Internet Banking Services or are required under these Terms and Conditions or may be given by the Bank in any one of the following manners:

29.1.1 By ordinary post to your last address in the Bank's records and such notification shall be deemed received two (2) days after posting.

29.1.2 By electronic mail to your last known e-mail address in the Bank's records and such notification shall be deemed received twenty four (24) hours after sending.

29.1.3 By being displayed on the Bank's premises and such notification shall be deemed effective upon such display.

29.1.4 By way of advertisement made once in any national newspaper and such notification shall be deemed effective on the date of publication of the advertisement in any such newspaper.

29.1.5 By inserting a notice in the Bank's Statement of Account to you and such notification shall be deemed effective two (2) days after the date of posting of the notice contained in the Statement of Account to you.

29.1.6 Broadcasting a message on the Maybank2u.com.kh website.

29.1.7 If notified to you in any other manner as the Bank deems fit.

29.2 Except for concerns which may be or have already been addressed by the Bank's agents, or as otherwise advised by them, all notices to the Bank concerning the Internet Banking Services and these Terms and Conditions shall be in writing, signed by you and sent to the Bank at the following address or in such other way as the Bank may notify you from time to time:

Maybank (Cambodia) Plc.

No. 4B, Street 114 (Kramoun Sar)

Phnom Penh, Cambodia.

29.3 The Bank shall endeavor to address any concern or complaint of the CLIENT which is properly brought to the Banks knowledge within a reasonable time.

30.           Waiver

30.1 You agree that the failure of the Bank, whether continuous or otherwise, to exercise any rights, power, privileges, remedies or provisions of these Terms and Conditions or the Bank's failure or delay to insist on compliance with any of these clauses shall not constitute a waiver by the Bank of any such rights, power, privileges, remedies or provisions of these Terms and Conditions.

31.           Severability

31.1 You agree that if any undertakings and/or part of these Terms and Conditions are held to be invalid or unenforceable pursuant to applicable law, then the invalid and unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and that all other provisions of the Terms and Conditions shall continue in full force and effect.

32.           Variations of Terms and Conditions

32.1 The Bank reserves the right to add, modify, delete or vary any of these Terms and Conditions by way of notice as deemed suitable by the Bank.

32.2 You agree to view these Terms and Conditions regularly and your continued access or use of the Maybank2u.com.kh website and/or Internet Banking Services after any such additions, modifications, deletions or variations become effective will constitute your acceptance to the variation of these Terms and Conditions.

33.           Orientation on the Internet Banking Facility

33.1 You hereby acknowledge that the BANK has oriented you about your roles and responsibilities with respect to the use of the electronic banking service, and that you reviewed the Bank's Electronic Banking Consumer Awareness Program in this website.

34.           Dispute and Enquiries

34.1 If you have any inquiries or require any assistance, you may call the Bank at +855 23 210 123/255.

34.2 In the event that you have any complaints and/or disputes arising from the Internet Banking Services and these Terms and Conditions, please refer the matter to the Bank at the address stated in clause 29.2 specifying the nature of your complaint and/or dispute. You hereby agree to try to settle the matter amicably.

35.           Law and Jurisdiction

35.1 The Terms and Conditions will be governed by the Laws of the Kingdom of Cambodia  and all disputes shall be resolved by the Cambodian courts.

36.           Electronic Banking Consumer Awareness Program

To ensure security in e-banking transactions and personal information, please be advised of your responsibilities as a consumer:

Internet Products and Services

36.1 Secure Login ID and Password or PIN

36.1.1 Do not disclose Login ID and Password or PIN.

36.1.2 Do not store Login ID and Password or PIN on the computer.

36.1.3 Regularly change password or PIN and avoid using easy-to-guess passwords such as names or birthdays. Password should be a combination of characters (uppercase, lowercase and special) and numbers and should be at least 6 digits in length.

36.1.4 Keep personal information private. Do not disclose personal information such as address, mother's maiden name, telephone number, social security number, bank account number or e-mail address - unless the one collecting the information is reliable and trustworthy.

36.2 Keep records of online transactions.

36.2.1 Regularly check transaction history details and statements to make sure that there are no unauthorized transactions.

36.2.2 Review and reconcile monthly credit card and bank statements for any errors or unauthorized transactions promptly and thoroughly.

36.2.3 Check e-mail for contacts by merchants with whom one is doing business. Merchants may send important information about transaction histories.

36.2.4 Immediately notify the bank if there are unauthorized entries or transactions in the account.

36.3 Check for the right and secure website.

36.3.1 Before doing any online transactions or sending personal information, make sure that correct website has been accessed. Beware of bogus or "look alike" websites which are designed to deceive consumers.

36.3.2 Check if the website is "secure" by checking the Universal Resource Locators (URLs) which should begin with "https" and a closed padlock icon on the status bar in the browser is displayed. To confirm authenticity of the site, double-click on the lock icon to display security certificate information of the site.

36.3.3 Always enter the URL of the website directly into the web browser. Avoid being re-directed to the website, or hyperlink it from a website that may not be as secure.

36.3.4 If possible, use software that encrypts or scrambles the information when sending sensitive information or performing e-banking transactions online.

36.4 Protect personal computer from hackers, viruses and malicious programs.

36.4.1 Install a personal firewall and a reputable anti-virus program to protect personal computer from virus attacks or malicious programs.

36.4.2 Ensure that the anti-virus program is updated and runs at all times.

36.4.3 Always keep the operating system and the web browser updated with the latest security patches, in order to protect against weaknesses or vulnerabilities.

36.4.4 Always check with an updated antivirus program when downloading a program or opening an attachment to ensure that it does not contain any virus.

36.4.5 Install updated scanner softwares to detect and eliminate malicious programs capable of capturing personal or financial information online.

36.4.6 Never download any file or software from sites or sources, which are not familiar or hyperlinks sent by strangers. Opening such files could expose the system to a computer virus that could hijack personal information, including password or PIN.

36.5 Do not leave computer unattended when logged-in.

36.5.1 Log-off from the internet banking site when computer is unattended, even if it is for a short while.

36.5.2 Always remember to log-off when e-banking transactions have been completed.

36.5.3 Clear the memory cache and transaction history after logging out from the website to remove account information. This would avoid incidents of the stored information being retrieved by unwanted parties.

36.6 Check the site's privacy policy and disclosures contained in the terms and conditions.

36.6.1 Read and understand website disclosures specifically on refund, shipping, account debit/credit policies and other bank terms and conditions.

36.6.2 Before providing any personal financial information to a website, determine how the information will be used or shared with others.

36.6.3 Check the site's statements about the security provided for the information divulged.

36.6.4 Some websites' disclosures are easier to find than others - look at the bottom of the home page, on order forms or in the "About" or "FAQs" section of a site. If the customer is not comfortable with the policy, consider doing business elsewhere.

36.7 Other internet security measures:

36.7.1 Do not send any personal information particularly password or PIN via ordinary e-mail.

36.7.2 Do not open other browser windows while banking online.

36.7.3 Avoid using shared or public personal computers in conducting e-banking transactions.

36.7.4 Disable the "file and printer sharing" feature on the operating system if conducting banking transactions online.

36.7.5 Contact the banking institution to discuss security concerns and remedies to any online e-banking account issues.