1. Introduction
These Terms and
Conditions apply to our Mobile Banking services called “Hattha Mobile”.
The Terms and Conditions of this Agreement shall apply to and govern Customer
access and use of all Mobile Banking Services currently offered or that may be
offered in the future.
It is important
that Customer read and understand these Terms and Conditions before using Mobile
Banking service, Customer agrees that these Terms and Conditions apply
to Customer and Customer will comply with them. If Customer do not understand
any part or if Customer has any questions, please call our Call Center on (855)
23 999 266, 23 994 304/ Tollfree 1800 212 222 or visit at any our branch.
Customer is also
required to read other terms and conditions or booklets such as:
1.
General Terms and
Conditions of Deposit (Savings, HYSA, Term Deposit)
2.
Terms and
Conditions of Transfer
3.
Fees and Charges
of Transfer, Account, and relevant products.
2. Limitation
Terms &
Conditions are covered for Individual Customer only។
3. Glossary
Following words
and expressions shall have the corresponding meanings:
1. Account balance: An account balance is the amount of money present in a banking account of
customer, such as a savings or checking account, at any given moment. The
account balance is always the net amount after factoring in all debits and
credits.
2. Account holder:
Means a person who has an account in their own name or, if in joint names, in
respect of which Hattha Bank Plc. may act on the instructions of any 1 or more
of them.
3. Account(s): Means
any account Customer have with Hattha Bank Plc. that Customer have nominated,
and which Hattha Bank Plc. has agreed is accessible by Mobile Banking.
4. Available balance:
Means the amount of funds available in the account. It does not include minimum
balance or value held against the balance.
5.
Biometric: The
Fingerprint or Face Recognition of mobile device use to confirm transaction.
6.
Business Day:
Means any day other than the weekends or a day gazette as a public holiday.
7.
Customer: Means
the person, 18 years old and over, who has downloaded Hattha Bank Plc.'s Mobile
and used the Mobile Banking service.
8.
CIF: In short of
“Customer Information” that has 09 digits.
9.
Device: Means any
electronic device used to access any of the Electronic Banking Services (this
includes desktop, laptop, tablet and other handheld computers along with mobile
phones).
10.
Financial Transaction:
Mean the event that involves cash in-out transaction such as transfer, payment,
and top-up.
11.
Force Majeure:
Means any act of nature, war, riot, sabotage, revolution, or any other unlawful
act against public order or authority, an industrial or labor dispute, a
governmental restraint, civil unrest, power shortages or power failure, sudden
or unexpected system failure, or any other event or because which is not within
the reasonable control.
12.
Hattha Mobile App:
Is the application of mobile banking that activated thru savings account of
Hattha Bank Plc.
13.
Non-Financial Transaction:
Otherwise from financial transaction.
14.
OTP: The One Time
Password used to confirm critical transaction that has only 6 digits that will
be sent to the registered mobile number and will be expired in 3 minutes after
sending.
15.
Own Accounts Transfer:
Means the funds which is transferred between Customer own Hattha Bank Plc.
accounts under Customer CIF number.
16.
PIN: 6 digits
code is generated from the system and will be shown in the successful screen of
cash to ATM transaction.
17.
Push Notification:
Means an automate message sent by the application to a user when account has
the transactions or information uploaded.
18.
Services Partner:
The company or institution that has a partnership with Hattha Bank Plc. to
provide their product/ service through Hattha Bank Plc. to the customer.
19.
Source Account:
Means the account (s) Customer hold with Hattha Bank Plc. that has/have been
nominated by Customer to be accessed the service via Mobile Banking.
20.
Security
Question: The security question is applied to the following feature to add
extra security layer.
21.
TPIN: The
Transaction Personal Identity Number used to confirm transaction and it has
only 4 digits of numeric.
22.
“We”, “Us” and
“Our”: Means Hattha Bank Plc. (Hattha Bank) who is a Mobile Banking service
provider.
23.
Within bank Transfer:
Means the funds which are transferred through any Hattha Bank Plc. savings
account.
4. Applicability of Terms and Conditions
By using Hattha
Mobile App., the Customer hereby agrees to these Terms and Conditions, which
form the contract between the Customer and Hattha Bank Plc. Hattha Mobile App
will be governed by such Terms and Conditions and its consecutive amendment by
Hattha Bank Plc. These Terms and Conditions shall be in addition to and not in
derogation of other terms and conditions relating to any account of the
Customer and/or the respective product or the service provided by Hattha Bank
Plc, unless otherwise specifically stated.
5. Accessibility
5.1. Activate Account
a) Customer can activate
into Hattha Mobile App by his/herself and Customer are an
account holder by using a savings account number and mobile number that been
provided to open the account.
b) After the
customer enters their account number and phone number bound to their account,
they will need to provide the 6 digits OTP.
c) If OTP
verification is successful:
1. Existing user:
follow with enter their TPIN to continue and customer has the option to enable
their Biometric.
2. New user: follow
with create a new TPIN and confirm the new TPIN. Then, customer needs to enter
both security question and security answer to perform the next action. Then,
customer has the option to enable their Biometric.
5.2. Access to Customer Accounts
a) Customer can
access and operate Customer account(s) of CIF through the Mobile Banking
services after successfully registered based on account usage conditions;
1.
Single Account or
Joint Account Holder (with condition of “anyone to sign”): can access and
operate non-financial and financial transaction from all accounts.
2.
Joint Account
Holder (with condition of “all to sign”): can read and view transactions only;
and operate non-financial transactions.
b) Our Mobile
Banking services are available 24/7 h, 365 days a year except for downtime to
allow for maintenance of the system including unavailable services of software
providers, network service providers, internet service providers, and services
partner.
c) Mobile Banking
can be logged in for only one device at a time. If customer login to another
account, the old device will no longer able to access unless re-login again.
6. Daily Limits
a) Daily Limit
refers to the maximum allowable cumulative amount for all transaction types
initiated through Mobile Banking service within 24 hours.
b) Hattha Mobile
may change or impose new limit on the amount of financial transactions that
will be available through Mobile Banking service either at its own discretion
or to the extent permitted by law.
7. Customer Indemnity
a) The Customer
shall maintain security question and TPIN secured by his/her own measure to
avoid to be known or become known by any third party.
b) Customer will
be liable for any loss of funds arising from unauthorized transaction on
Customer account(s) before Customer notify Hattha Bank Plc. that security
question or PIN has been misused, or become known to a third party and if:
1. Customer fails to
look after and maintain security question or TPIN secure in accordance with the
Terms and Conditions; or
2. Customer
unreasonably delays notifying Hattha Bank of the misuse, loss or theft of
Customer TPIN or becoming known to a third party and the loss occurs between
the time Customer did, or should reasonably have become aware of these matters,
and the time Customer notify Hattha Bank; or
3.
Customer
voluntarily discloses his/her security question or TPIN or kept a record of
Customer TPIN without making a reasonable attempt to disguise it, or otherwise
fails to protect the security of his/her TPIN.
4.
Disclosing
Customer security question constitutes authorization for use by others and
Customer agrees to be liable for their action, including those of additional
parties to whom they may disclose Customer security question and TPIN to.
c) Customer will
be liable for and agree to indemnify Hattha Bank against any loss or damage Hattha
Bank may suffer because Customer did not observe his/her obligations under
these Terms and Conditions or acted negligently or fraudulently when using the
Service.
d) Customer
agrees that Hattha Bank will not be responsible for any liability, damage, loss
including legal costs, whether consequential or not, whether directly or
indirectly from any error, delay, failure in performance, inability to use the
Mobile Banking service or of any of its obligations caused by circumstances
beyond Hattha Bank’s control as mentioned in above Clause 2.11 (Force Majeure).
e) Hattha Bank
will not be liable if Customer does not have sufficient available funds in
his/her source account to complete the transaction Customer initiate or if the
account is closed/ blocked/ dormant.
f) Hattha Bank
will not be liable if Customer has not given Hattha Bank proper instructions or
if the funds in Customer’s designated account are subject to legal proceeding
or other encumbrance restricting such payment or transfer.
g) Hattha Bank will
not be liable if Customer or any third party permitted by Customer to utilize
Customer’s security question and/or TPIN commits fraud or violates any laws or
regulations.
h) Hattha Bank
reserves the right to amend, modify, revoke, or cancel the Terms and Conditions
that apply to our Mobile Banking Services. Hattha Bank also reserves the right
to change and/or upgrade the Mobile Banking service at any time if necessary.
We will notify Customer of the changes at least 30 days by either way as below
before we make any changes:
1. By email
registered with Hattha Bank /Mobile Banking; or
2. By putting up
information at Hattha Bank Branches, on Hattha Bank website, or other Hattha
Bank social media channels; or
3.
By registered
mobile number.
i) The continued
use of these Services following a change or amendment by Customer constitutes
the act of acceptance of Customer to such changes or amendments to this Terms
and Conditions. Customer will be informed or notify any change of term &
condition.
8. Security
a) Customer’s security
question and TPIN is the key to access Customer’s account(s), and is very
important not to disclose to any third party.
b) Customer is
instructed to follow the below advice to help protect Customer’s security
questions and TPIN:
1.
Inform us
immediately through contact information mentioned in Clause 12 of this Terms
and Conditions if Customer suspects that his/her security question and TPIN has
become known to anyone;
2.
Change security
question and TPIN regularly according to our suggestion or due to any suspected
case;
3.
Keep security
question and TPIN for Mobile Banking Services different from other passwords;
4.
If Customer need
to change his/her access to Mobile Banking, please talk to any of our staff at
our Branch or our contact stated in Clause 12 of this Terms and Conditions.
5.
Do not use
Customer’s date of birth, mobile number, or other things, that are easy to
guess or known by Customer’s friends or family, to set as security question and/or
TPIN.
6.
Logging out of
Mobile Banking as soon as Customer finishes using Mobile Banking.
7.
Customer agrees
that Customer will not provide or give access to his/her security question
and/or TPIN to any third party.
9. Fee and Charges
a) Customer
agrees to pay the fees and charges for using Mobile Banking Services. The fees
will be debited to an available account nominated by Customer, or in the
absence of such a nomination, to an account selected by Hattha Bank. If there
are insufficient funds in Customer nominated account, Customer agrees to authorize
Hattha Bank to deduct the fee or charges from any other Customer’s account(s)
at Hattha Bank.
b) Customer is
responsible for all charges by Hattha Bank when Customer made a transaction
that required to pay fees or charges. While here are insufficient funds, the
transaction will be failed or unsuccessful.
10. Termination and Suspension
a) Customer may
stop using the Mobile Banking service at any time by visiting at any our branch
to complete the procedure for closing Mobile Banking service.
b) Hattha Bank
may suspend or terminate Customer’s use of Mobile Banking Service without
Customer’s prior consent where we reasonably believe that the access should be
suspended or terminated, where we believe that there is a risk of fraud or
security breach, or where Customer has not accessed the Mobile Banking for a
lengthy period.
11. Money Laundering and Counter Terrorism Financing
a) Customer
acknowledges that Hattha Bank is subject to the Anti-Money Laundering (AML) and
Combating Financial Terrorism laws as well as Hattha Bank financial group
requirement which prohibit Hattha Bank from entering or provide service to
transactions involving certain persons, entities or jurisdictions.
b) Referring to
the laws of Cambodia or any other country, Hattha Bank’s obligations mean that:
1. Hattha Bank may
be required to obtain additional information from Customer to assist us in
compliance obligations or where required by any laws.
2. Hattha Bank
reserves the right to disclose Customer’s information provided to us or any
other information where required by laws and competent authorities.
3.
Customer’s
transactions may be delayed, blocked or frozen if we believe on reasonable
grounds that making a transfer or payment may in breach of any laws.
4.
We will incur no
liability to Customer if we delay or block any transaction or refuse to pay any
money in the reasonable belief that a transaction or payment would contravene
any laws.
c) We reserve the
right to collect more information and customer agree to provide such
information to Hattha Bank:
1.
To assist in
providing information about a product or service;
2.
To consider
Customer request for a product or service;
3.
To enable us to
provide a product or service;
4.
To tell Customer
about other products or services that may be of interest to Customer;
5.
To assist in
arrangements with other organizations (such as subsidiary companies) in
relation to the promotion and provision of a product or service;
6.
To perform other
administrative and operational tasks (including risk management, systems
development and testing, credit scoring, staff training, and market or customer
satisfaction research);
7.
To prevent or
investigate any fraud or crime and as required by relevant laws, regulations,
codes and external payment systems inside and outside of Cambodia.
d) We reserve the
right to use Customer’s information for product and service development for
being more appropriate for customer, for marketing purpose, business analysis
to fit with Customer’s need, and for share with Hattha Bank’s parent company
(including MUFG Bank, Mitsubishi UF) Financial Group Inc. “MUFG” and Bank of
Ayudhya Public Company Limited), National Bank of Cambodia, competent
authorities, agents, services partners and other relevant parties as required
by laws and regulations of the Kingdom of Cambodia, and other countries
governing Hattha Bank’s parent company. All information of Customer will be
kept confidential by Hattha Bank and will not be shared to any third party,
other than the above mention, without consent of customer.
12. Privacy
Notice
a) While using
Our Service, We may ask You to provide Us with certain personally identifiable
information that can be used to contact or identify You. Personally
identifiable information may include, but is not limited to:
1.
Email address
2.
First name and
last name
3.
Your CIF and
Account Number
4.
Phone number
5.
ZIP/Postal code ,
Address, Province, City
6.
Usage Data
When You access the Service by or through a mobile device, We may collect
certain information automatically, including, but not limited to, the type of
mobile device You use, Your mobile device unique ID, the IP address of Your
mobile device, Your mobile operating system, unique device identifiers and
other diagnostic data.
b) Hattha Bank may use Personal Data for the following purposes:
1. To provide and
maintain our Service
2. To manage Your
Account
3.
To support any
compliance obligations, any applicable laws or regulations, or assist in law
enforcement and investigations conducted by any governmental and/or authority.
4.
To contact You
c) The security of Your Personal Data is important to Us, but remember
that no method of transmission over the Internet, or method of electronic
storage is 100% secure. While We strive to use commercially acceptable means to
protect Your Personal Data, We cannot guarantee its absolute security.
13. Complaint and Dispute Solution
a) If for any
reason Customer register a complaint with us, Customer can do so at any Branch
or by emailing through our website www.hatthabank.com or contact our call
center (+855) 23 999 266, 23 994 304/ Toll free 1800 212 222.
b) We will make
every effort to answer Customer’s query or resolve Customer’s complaint according
to our Customer Complaint Procedure. If the investigation is not completed
within this period, Customer will be informed the reasons.
13. Applicable Law
This Terms and Conditions are governed and construed in accordance with the laws and regulations of the National Bank of Cambodia (NBC), the Cambodian Laws and international convention applicable to Cambodia.