CUSTOMER TERMS AND CONDITIONS FOR PAYON PREPAID CARD SERVICE

PayOn Prepaid Card Service is a set of payment service provided by Phnom Penh Commercial Bank (“the Bank”), including payment for purchase of goods and services, transfer, deposit, withdrawal, top-up, balance enquiry and other related transaction services provided through mobile, web and physical cards (“PayOn Services”). These Terms & Conditions govern the operation of the PayOn Services and it is important that Customers read and understand these Terms and Conditions. These Terms and Conditions shall take effect when Customers sign-on PayOn service through mobile application with agreement on acceptance of these Terms and Conditions.

1. Meaning of Words

In these Terms and Conditions:

“AML” means anti-money laundering as defined by the National Bank of Cambodia (“NBC”) and the Prakas on Anti-Money Laundering and Combating of Financing Terrorism.

“ATM” means Automatic Teller Machine which is an electronic telecommunications device that enables the customers of a financial institution to perform financial transactions, particularly cash withdrawal, without the need for a human cashier, clerk or bank teller.

“Available Balance” means the balance in the PayOn Account in the System or physical card which can be used at any given time subject to the terms and conditions herein.

“The Bank” means Phnom Penh Commercial Bank which is licensed by the National Bank of Cambodia to carry out banking operations in Cambodia.

“Card” means a card issued by PayOn in the form of physical card or Wallet at its discretion, to Customer which can be used to pay, transfer or withdraw at at authorized merchants or ATMs.

“Card Number” means a sixteen-digit number issued by the system to identify the Card or PayOn Account in the Wallet.

“CFT” means combating of financial terrorism as defined by the NBC and the Prakas on Anti-Money Laundering and Combating of Financing Terrorism.

“Customer” means the user or subscriber of the PayOn Services, with agreement on these Terms and Conditions.

“Deposit Funds” means the funds that, under these Terms and Conditions, Customer authorize the Bank to deposit into its bank account.

“Loss” suffered by a person means any claim, demand, action or proceeding brought against that person and any loss, expense, liability or damage suffered or incurred by that person.

“NFC” means ‘Near Field Communications’, which is a short range wireless communication technology.

“PayOn-Wallet” or “Wallet” means the mobile or web systems by which Customers use the PayOn Account.

“PayOn Account” means an online account in the system that Customer opens to use PayOn Services.

“POS” means a Point of Sales Machine at which a Customer makes a payment to the merchant in exchange for goods or provision of services.

“mPOS” meas a Mobile Point of Sales in the form of smart phone, tablet or dedicated wireless device that performs the functions of a cash register or electronic POS terminal.

“PIN” means the six-digit confidential code Customer uses to access and conduct operations at ATM or POS or online environment, using the Card or PayOn-Wallet.

“PUSH Notification” means a message that pops up on a mobile device and notifies the Customer of new messages or events.

“PayOn System” or “System” means the hardware and software system which is developed and operated by the Bank to provide PayOn Service to Customers and merchants.

“QR Code” means the quick response code which is a type of 2D bar code that is used to provide easy access to information through a smart phone.

2. Eligibility for PayOn Serices

Customer may subscribe for the PayOn Services in the condition when:

i) the customer has no limitation in rights to execute the personal economic activities by the laws, statues, or administrative orders;
ii) the customer meets the identification and verification requirements;
iii) the customer agrees on these Terms and Conditions;
iv) the customer operates a mobile phone that meets the requirements specified by PayOn from time to time.

3. Authority

Customers acknowledge and agree that use of the PayOn Services, together with Card Number and PIN or NFC or RFID as the case may be depending on the transaction in question provides sufficient authority to process transactions on PayOn Account. We may act on this authority and will not be liable for any Loss suffered by customer resulting from acting on this authority and we are not required to make further enquiries.

4. Fees and Charges

We may charge fees and charges for Customers’ use of the PayOn Services. Details of such fees and charges will be provided to Customers on registration and are available at our branches, and our partners if any. These fees and charges may include government taxes and charges as applicable. Customers agree to pay these fees and charges and agree that we may deduct these fees and charges directly from the Deposit Funds without obtaining Customer’s prior consent.
Customers’ use of PayOn service may also incur charges from mobile service provider. Any such charges are Customers’ sole responsibility and any queries regarding these charges should be raised with mobile service provider.

5. Interest

No interest will be paid to Customers on the Deposit Funds.

6. Operation and Details of the PayOn Services

6.1 Payment / Withdrawal / Transfer / Mobile Top-up / Bill Payment

Provided that sufficient funds are recorded in Customer’s PayOn Account or Card:

(a) Payment: Customer may pay with Card or PayOn Wallet by:
(i) NFC tagging the Card to POS terminal of PayOn merchant;
(ii) using Card Number and PIN at POS or mPOS terminal of PayOn merchant; or
(iii) using QR code and PIN at POS or mPOS terminal and/or through PayOn wallet.

(b) Withdrawals: Customer may withdraw funds by:
(i) using Card and PIN or NFC at our branches and authorized ATMs; or
(ii) using Card Number and PIN at our branches authorized ATMs.

(c) Transfers: Customer may transfer funds by using Customer’s mobile phone, together with Card Number and PIN:
(i) to registered PayOn merchants;
(ii) to registered billers;
(iii) to other registered subscribers of PayOn Services.

(d) Mobile Top-up: Customer may buy mobile phone air time for Cambodian mobile network operators which have registered with PayOn by using mobile phone, together with Card Number and PIN. The terms and conditions of the use of such air time will be as agreed between Customer and the applicable network operator.

(e) Bill Payment: Customer may pay the invoices, utilities bills and/or toll fees which have registered with PayOn by using smart phone or physical Card, together with Card Number and PIN, or NFC. The terms and conditions of the use of such bill payment will be as agreed between Customer and the applicable biller.

6.2 Deposits

(a) Deposit on PayOn Account: Customer may instruct us to collect additional funds and deposit those funds into PayOn Account, of which actual fund shall be deposited and managed in the bank account:

(i) by arranging an automatic payment of salary or other income from Customer’s employer into PayOn Account if Customer’s employer has entered into an agreement with us;
(ii) at any of our branches.

(b) Recharge to physical Card: Customer may instruct us to recharge funds to Customers physical Card an any of our branches.

6.3 Information about your funds

Customer may:

(a) check the current balance of funds recorded in Customer’s PayOn Accountby using:
(i) Card together with PIN at any authorized ATM or our branches;
(ii) smart phone together with Card Number and PIN or NFC

(b) view a mini statement of your recent transactions by using smart phone, together with Card Number and PIN/NFC;

Customer may also contact the PayOn Call Centre to receive information about Customer’s funds verbally or in writing.
The balance recorded in PayOn Account will be the current balance as at the time of the enquiry. However, there might be circumstances, for example, systems failures and technical difficulties, which makes that PayOn Account balance information is not reported on a real time basis.

7. Processing Instructions and Limits

The Bank is under no obligation to accept any instructions (including instructions in relation to transfers, withdrawals and other transactions relating to PayOn Account) and may, in its absolute discretion, accept or act on (or decline to accept or act on) any instruction. The Bank is not required to, and does not, check that the details provided by Customer and/or received by the Bank are correct.

The Bank is not responsible for any inaccuracy in instructions given by Customer and/or received by the Bank, and the Bank is not liable to Customer for any Loss suffered by Customer arising from such inaccuracy in instructions.

The Bank reserves the right to pay transactions presented for payment in any order that the Bank chooses. Where the transactions presented for payment exceed the balance recorded in Customer’s PayOn Account, such instruction will not be acted upon by the Bank. The Bank will not partially pay a payment.

An instruction given by Customer through using the PayOn Services cannot be cancelled, altered or changed. Generally, all value transactions made via the PayOn Services (for example a withdrawal, deposit or transfer) will be processed in real time, and will be issued with an electronic receipt via PUSH Notification. However, as noted in clause 5.3, there may be circumstances which make that PayOn Account balance information is not reported, and/or receipts may not be issued by PUSH Notification, on a real time basis.

The Bank may also impose limits on the amount of funds that will be made available for certain transactions conducted through the PayOn Services, or limits on the total amount of funds that may be deposited by Customer over any specified period of time. Details of these limits shall be specified in PayOn Wallet and PayOn website and may be amended from time to time by us.

8. Customer’s Relationship with the Bank

The Deposit Funds will be deposited into the Bank’s own account. The Bank will recognize Customer as a bank customer having a deposit with the Bank equal to the balance of PayOn Account. However, Customer has no legal or beneficial interest in the Bank Account and only the Bank may manage the account in relation to transfers, deposits, withdrawals, account balance enquiries and other enquires and transactions on the bank account.

9. Privacy and Confidentiality

The Bank is collecting Customers’s personal information, instructions and transaction details on PayOn Account (collectively referred to as “Information”) to enable the Bank to provide the PayOn Services to Customer. Without this Information, the Bank may not be able to provide such services. By subscribing and utilizing the PayOn Services, Customer agree that the Bank may use and disclose Customer’s Information to:
(i) any service provider engaged by the Bank to carry out or assist its functions and activities;
(ii) To the Bank agents, contractors, advisers and to other persons authorized or required by law to disclose information to ;
(iii) To the Bank’s parent company and subsidiaries for internal administrative and operational purposes or to any service providers engaged by them;
(iv) Customer authorizes these persons to have access to Customer’s Information to the extent permitted above.

10. Anti-Money Laundering/Combating of Financing Terrorism and Sanctions

Customer agrees that The Bank may delay, block or refuse to any liability if The Bank suspects that:
(i) The transaction may breach any law in Cambodia or any other country; or
(ii) The transaction may directly or indirectly involve the proceeds of, or be applied for the purposes of, unlawful conduct.

Customer agrees to provide all information to The Bank which The Bank reasonably requires in order to manage money-laundering or terrorism financing risk or to comply with any laws in Cambodia or any other country.
Unless Customer have disclosed that Customer are acting in a trustee capacity or on behalf of another party, Customer warrant that Customer are acting on Customer’s behalf in utilizing the PayOn Services, entering into this agreement, and conducting any transactions on Customer’s PayOn Account.
Customer declares and undertakes to the Bank that the acceptance and/or payment of monies by the Bank in accordance with Customer’s instructions will not breach any laws in Cambodia or any other country.

11. Security

11.1 Card Validity and Expiry

If Customer have been issued with a Card by the Bank at free of charge, such Card remains the Bank’s property at all times. The Card must only be used within the valid period determined at the issuance.

11.2 Cancellation of Card or Electronic Access

If Customer have been issued with a Card by the Bank, the Bank may cancel or limit Customer’s Card, PIN, NFC or electronic access through authorized ATMs without prior notice and without any liability if:
(i) the Bank suspects Customer of being fraudulent or engaging in inappropriate behavior;
(ii) Customer’s PayOn Account which the Card may access has been closed;
(iii) the Bank’s systems or equipment malfunctions or are otherwise unavailable for use;
(iv) the Bank believes that the security of Customer’s electronic access or the Bank’s systems and equipment may have been compromised; or
(v) the Bank is required to do so by law.

11.3 Card Number, Card, PIN, NFC Security

Customer must keep Customer’s Card Number and PIN, and NFC confidential and secure. If Customer have been issued with Card by The Bank, then Customer must also keep Customer’s Card and PIN, RFID, and NFC confidential and secure. Customer will be liable for any Loss suffered by Customer resulting from Customer’s failure to do so.

Customer must:

(i) On the expiry of Card, destroy Customer’s Card by cutting it diagonally in half;
(ii) Not let anyone use Customer’s Card Number or Card;
(iii) Not disclose Customer’s PIN to any person;
(iv) Not allow any other person to see Customer entering Customer’s PIN;
(v) Not choose a PIN which has an easily retrieved combination, for example repeated numbers;
(vi) Not choose a PIN that is easily identified with Customer for example Customer’s birth date or telephone number,
(vii) Not record Customer’s PIN on Customer’s Card or mobile phone or on any paper or article carried with Customer’s Card or mobile phone.
(viii) keep Customer’s smart phone safe.

If Customer’s PIN and Card is lost or stolen, or if Customer’s PIN has become known to someone else, Customer must notify the Bank immediately.

12. Liability

Customer is liable for all transactions conducted when Customer utilize the PayOn Services, except where there has been fraud or negligence by The Bank, its employees, or agents or any mobile network operators which have registered with The Bank.

13. Discrepancies / Errors, Questions and Complaints

Please contact the Bank’s Call Center if Customer believe that a discrepancy or error has occurred in any transaction, or if Customer have any questions or complaints.
To assist with The Bank’s investigations, Customer will need to provide the following information:
(i) Customer’s name and Card Number
(ii) Details of the transaction in question; and
(iii) The amount of the suspected error or disputed transaction.

The Bank will not be responsible for any Loss suffered by Customer if Customer do not request The Bank to dispute the transaction within 30 (thirty) calendar days.

14. Notices and Changes to Fees and Charges, Terms and Conditions

The Bank may change these Terms and Conditions, and Fees and Charges at any time. The Bank will give Customer at least 30 (thirty) calendar days’ notice of any such change before it takes effect by:
(i) Notice displayed on PayOn website at www.payon.com.kh or by advertisement in major daily or national newspapers; or
(ii) contacting Customer on Customer’s mobile phone via SMS notification or electronic notices generated within the menu system.

The Bank may also use the methods outlined above as a means of providing Customer notices or other correspondences, or by contacting Customer in writing at Customer’s address recorded in the Banks records.

15. Change in Details

Customer must notify The Bank immediately if there is any change in Customer’s personal details which Customer have previously provided to The Bank for the purposes of subscribing to and utilizing the PayOn Services. The Bank will not be responsible or liable for any errors or Losses suffered by Customer associated with the changes where The Bank has not received prior notice.

16. Disruption to Service

Customer agree that The Bank will not be liable for any Loss suffered by Customer where the service is temporarily unavailable or where a system or equipment fails to function in a normal or satisfactory manner, regardless of how this may have been caused.

17. Default Currency

PayOn Account is to be held in US dollar. Customer agree to use The Bank’s nominated exchange rates whenever Customer transact in a currency other than nominated currency.

18. Amounts Owing

Customer agree that The Bank may deduct from the Deposit Funds any amount Customer owe to The Bank without obtaining Customer’s prior consent.

19. Suspension or Termination

(a) By Customer
Customer may terminate Customer’s access to the PayOn Services (which includes the closure of Customer’s PayOn Account) at any time by giving written notice to the Bank or by contacting the Bank’s Call Centre. The termination or suspension shall take effect within 24 hours following such notice.

(b) By The Bank
If there is a zero balance recorded on Customer’s PayOn Account, and Customer have not utilized the PayOn Services for 6 (six) consecutive months, then the Bank may, at its discretion, suspend or terminate Customer’s access to the PayOn Services and close Customer’s PayOn Account.

The Bank may also exercise its discretion to suspend or terminate Customer’s access to the PayOn Services and close Customer’s PayOn Account for whatever reason including, but not limited to, unsatisfactory conduct or where required by law or for any other reason the Bank considers appropriate.

In the event that The Bank exercises its right contemplated in this clause, the Bank will promptly inform Customer but need not notify Customer in advance and the Bank shall not be responsible or fable for any Loss which Customer may suffer as a result.

Notwithstanding this Clause above, the Bank reserves the right, at their absolute discretion and at any time, to immediately suspend / terminate the use of the PayOn Account by the Customer for any reason, including but not limited to the following circumstances:
(i) In the opinion of the Bank, Customer has indulged in any dishonest, fraudulent, illegal and/or criminal conduct or misrepresentation;
(ii) Customer is in breach of any of the provisions of the Terms and Conditions or has engaged in any conduct prejudicial to the Bank;
(iii) Customer is in breach of any acts, statutes, laws, by-laws, rules and / or regulations imposed by any party, regulatory body or government agency,
(iv) The Customer has submitted false documents or has declared false information during the application for the PayOn Services by Customer;
(v) Customer has acted with bad or malicious intent; and / or
(vi) The Bank is of the opinion that the acts of the Customer is prejudicial to the interest of The Bank.

(c) Effect of Termination
If Customer’s access to the PayOn Services has been terminated (including as a result of the closure of Customer’s PayOn Account), the Bank will arrange payment of the balance of funds recorded on Customer’s PayOn Account at the closing date to Customer at the address shown in its records. In the event that the Bank is unable to contact Customer at Customer’s address shown in its records to arrange payment, the Bank will use reasonable endeavors to arrange payment to Customer by other means.

20. Force Majeure

If any party believes it is hindered from performing any of its obligations hereunder due to a Force Majeure Event, it shall immediately inform the other party about such circumstances in writing, failure of which shall prevent the party claiming Force Majeure Event from invoking these circumstances as a defense. If a Force Majeure Event continues for more than 3 (three) consecutive months, either party shall have the right to terminate the PayOn Service with immediate effect by notice to the other party notwithstanding Clause 16 of the Terms and Conditions.

21. Indemnity

Customer agrees to indemnify the Bank against any loss that the Bank many suffer arising directly or indirectly because Customer:
(i) did not observe Customer’s obligations under these Terms and Conditions; or
(ii) acted negligently or fraudulently in connection with Customer’s use of the PayOn Services, including, without limitation to, Customer’s access and operation of Customer’s PayOn Account.

Customer voluntarily agree to assume the risk of all loss which Customer are or may be liable under these terms and Conditions.

22. Assignment

The Bank may, without noticing Customer or obtaining Customer’s consent, assign or transfer all or any part of its rights and obligations under this agreement to any third party. Customer agree to do any act or execute any document as the Bank may direct to effect any assignment or transfer contemplated by this clause.
Customer may not transfer or assign any rights or obligations Customer have under this agreement without the Bank’s prior written consent. Customers are not permitted to transfer Customer’s Account to a third party.

23. Governing Law and Dispute Resolution

These Terms and Conditions are governed by the laws of Cambodia. All disputes arising out of or in connection with this Terms and Conditions, whether as to interpretation, performance or otherwise, that is not resolvable through amicable solutions, shall be subject to the exclusive jurisdiction of the court of Cambodia.