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 Tower
No.43, Preah Norodom Blvd,
Sangkat PhsarThmey 3,
Khan Daun Penh
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.