Terms and Conditions

This Terms and Conditions (“Terms”) shall govern the users of CTZPay Mobile Wallet Application and/or wallet services

Definitions:

Agent/Merchant: means a person or entity who enters into an agency agreement with CCN to provide the wallet service directly to User on behalf of CCN.

CCN: means Capital Connect Limited.

CTZPay: means a mobile money service offered by Myanmar Citizens Bank.

CTZPay Applicationns: means a mobile application referred to as Citizens that can be download from application platforms (or as otherwise determined by CCN) by the User for use on smartphones or other mobile devices.

CTZPay Service: means all of the agent banking services and financial services (including Wallet Services) offered by CCN which may be obtained from using of CTZPay Applications.

E-money: means “Electronic Money” which store monetary value on technical device that may mostly use for making payments to entities other than the e-money issuer.

Fees: means all fees and charges for the use of the wallet service, as published by CCN.

Level 1 Account: a type of User account that does not requires User Verification process by CCN.

Level 2 Account: a type of User account that need User Verification process by CCN.

MCB: means Myanmar Citizens Bank.

SIM: means Subscriber Identity Module, which is a microchip device used to authenticate a User on the mobile network.

User: means a user who sets up and maintains a Wallet Account for non-commercial or non-business purposes or who utilizes any Wallet Services and/or other CTZPay Services (including cash-in/cash-out and purchases of goods and/or services) through the CTZPay Application and/or associated mobile technology infrastructure.

Wallet Account: means a store of value provided by CCN for the purposes of conducting transactions related to the wallet service.

User Eligibility

User must be at least (18) years of age and must have a valid mobile number, National Registration Identity Card (NRIC) or Passport or Driver License.

1. USER TERMS

1. Account and Transaction types

• CTZPay User (Level 1) Account:Users can self-register to use CTZPay via a level 1 account using the User’s mobile phone.

• Super Citizens (Level 2) Account:Users can upgrade to a level 2 account by completing CCN’s KYC requirements by itself
• Users will be able to perform the following services via CTZPay.
• Cash-in.
• Cash-out.
• Transfers of funds to/from Wallet Accounts, the User Account, other CTZPay Application users, other accounts at MCB and other accounts at other banks.
• Merchant payments.
• Mobile phone prepaid credit top-ups.

CCN may add to or revised the services available to Users from time to time.

2. CCN obligations to Users

• CCN will ensure the CTZPay Services are always available to the User unless the service is interrupted due to technological difficulties beyond CCN’s and MCB’s control.
• CCN reserves the right to obtain or require the User to provide additional information as is reasonably necessary to ensure that the User is not in violation of applicable law, including laws and regulations designed to prevent ‘money laundering’, counter financing of terrorism or the transfer of funds to accounts that are blocked under regulations of the CBM or other regulators.
• CCN reserves the right to add, change or move CTZPay Services offered to Users at its own discretion.
• CCN may apply and/or change User Fees, other charges and Transaction Limits associated with the CTZPay Application, at any time, and will collect User Fees and other charges according to the prescribed rates.
• Each User must not exceed the daily or monthly cumulative Transaction Limit set by CCN or otherwise imposed under rules and regulations of the CBM.  CCN may close the account for any Transaction of any types that exceed the Transaction Limit.
• CCN reserves the right, at its own discretion, to decline to provide CTZPay Services to, or complete particular Transactions requested by a User or cease to provide any MF Services to that User.

3. User obligations
   • Each User warrants and represents that all personal information contained in the User registration form, together with supporting identification documentations, is genuine, true and correct.

• Each User will provide CCN with any updated or additional personal information together with supporting documentations if the User’s personal information changes or if CCN requests to satisfy KYC requirements or other legal/regulatory requirements.
• CCN identifies Users by their unique mobile number and transaction PIN.  All transactions initiated with the mobile number and transactions will be attributed to the relevant User.  CCN will not reverse any transaction once completed if such transaction is attributed by the User.
• Each User agrees not to give or make available a transaction PIN to any other individuals, regardless of representation.  The User acknowledges that CCN will never ask the User for the User’s transaction PIN and that CCN employees and agents do not need the User’s transaction PIN.
• Each User will not assign or transfer the User’s rights and obligations to his/her Wallet Account without the express and prior approval from CCN.
• Each User will notify CCN immediately in case the User’s mobile phone or SIM is stolen/lost in order for CCN to block the User’s Wallet Account so that the CTZPay Services are suspended, and unauthorized Transactions are prevented.
• If a User has reasonable cause to believe that he/she has been a victim of a fraudulent activities, including unauthorized or suspicious use of his/her Wallet Account, the User will immediately contact the CTZPay Application call center to report the incident.
• Each User agrees that he/she will provide/disclose necessary information to CCN to manage fraudulent cases and requirements relating to anti-money laundering and/or counter financing of terrorism or to comply with any other applicable laws, and that CCN will disclose any information of the User to relevant authorities when required by applicable law.
• Each User consents to the collection, use, disclosure and retention of his/her, including but not limited to, personal information by or on behalf of CCN.
• The goods and/or services purchased using the CTZPay Service but supplied by a third party shall be sold under the terms and conditions of the relevant third-party network service provider. For the avoidance of doubt, CCN nor any of its representatives shall not be held liable under any circumstances for the terms and conditions and/or any contractual relationship between the user and the third party.

4. Incomplete Transactions
   • CCN will use its best endeavours to ensure that all Transactions comply with this Terms. However, CCN will not be liable if CCN is unable to complete any Transaction initiated by a User because of the existence of one or more of the following circumstances.

• The User Account does not contain sufficient funds to complete the payment.
• The relevant POS/Agent’s services, the communication line, the mobile device, or modem was not functioning properly, and the User knew about the malfunction or was advised of it by CCN when the User started the Transaction.
• The User did not properly initiate the Transaction or provide CCN with the correct names and account information for those payees to whom the User wishes to direct payment.
• The User instructs CCN to make a type of payment, such as tax payment or court-ordered payment, that CCN cannot make.
• The relevant funds are subject to legal process or other hold or encumbrance restricting the relevant transfer.

5. User Termination

• User Account will be terminated automatically if there are no customer-initiated transactions for uninterrupted period of Ninety (90) days continuously. In this event, CCN will provide the User with sufficient notice by way of text message or any other means that CCN may deem fit, If CCN does not receive a reply from User within a reasonable time frame, CCN shall, at its sole discretion, terminate the User’s account terminate automatically.
• CCN will not be liable to any User for any loss of profits, loss of data, loss of use, cost of cover, business interruption or other special and incidental, indirect punitive or consequential damages, however caused and under theory of liability, arising from the performance or relating, to these Terms. Further, CCN shall not be liable for any security issues and/or concerns resulting from the use and/or modification of the CTZPay Services, the Wallet Services, and the CTZPay Application at any given period during this engagement. Such security issues include but are not limited to the manipulation of apps on devices, the ability to compromise authority tokens, exposure of certificates, and other intrusions.
• CCN may suspend or terminate the CTZPay Services and any other MF Services at any time, with or without cause and without affecting the relevant User’s outstanding obligations under these Terms.  CCN may immediately exercise its right if the relevant User breaches these Terms or any other agreement with CCN and if CCN reasonably believes that there has been or may be unauthorized or illegal use of the Wallet Account or User Account or the CTZPay Services or there are conflicting claims to the funds in the Wallet Account or User Account.
• CCN is committed to protecting the security and confidentiality of information regarding the User and his/her use of the CTZPay Services.  CCN has taken reasonable and appropriate measures to ensure that any personal information in its possession or control is always secure.   CCN will not be liable for any security breach that occurs for reasons outside of its control, including but not limited to publicly available information.
• In case of termination by reason of fraud and other causes, CCN will reserves the right to exercise other rights and remedies available to it under relevant laws and regulations in addition to terminating this Terms and the provision of the Service.
• User may suspend or terminate CTZPay Service at any time by contacting CCN and instruct CCN to close User’ Wallet Account.

6. User’s Acknowledgement

User acknowledges the following;

• User shall withdraw the money from Wallet Account before the SIM is deactivated / allocated to any third party by the Mobile Operator. Otherwise, User’s money will automatically be transferred to the said third party who will utilize the same SIM and CCN shall not be responsible for any loss or damage caused by any such transfer or change.
• User shall at all times be liable for the use of the CTZPay Wallet Account and the CTZPay Application regardless if such usage is by a third party whether authorized or unauthorized by User.
• CCN shall not refund or remit the transaction if the User wrongly transfers the said remittance to an incorrect mobile number or account number.
• In the event CCN remits funds into the User’s account by way of error, regardless of cause, CNN shall at all times reserve its right to remove the said amount without the prior consent of the User and shall take all required steps to remedy the said error. The User agrees to inform CCN immediately upon occurrence of any such error and shall assist CCN to remedy the error. The User shall not access and/or utilize any part or the full amount of the said received amount.
• CCN may communicate with User from time to time using short message service (“SMS”) without guaranteeing the accuracy or arrival of such SMS. CCN will only use designated numbers or channels to contact User. CCN shall not be liable for any loss, expense, claim or damage whatsoever caused to the User arising from any delay or failure by User to receive such SMS including but not limited to in the event the User’s mobile phone is switched off or suspended, regardless of reason.
• CCN is not liable in any way for any claim or dispute arising between User and Merchants in relation to the goods and/or a service purchased from Merchants using the CTZPay Application. CCN is also not responsible for any benefits, discounts or programs of all Merchants. CCN is also not responsible for delivery of the goods and/or services provided by Merchants. Any complaints, claims, disputes or refunds in relation to goods and/or services provided by Merchants shall be resolved between that the respective Merchant and User. CCN shall not be responsible for any refunds made or to be made by Merchants in respect of Merchant payment.

7. Modification of Terms and variation of services

• CCN may amend or modify these Terms and the provisions of the Policies and Procedures in its discretion.  Any such amendments or modifications will be informed to:
• Users by updating the description of the CTZPay Application in the relevant application download platforms, by providing alerts or push notifications via the CTZPay Application, by emailing it to an email address that the User has provided to CCN, by sending it as a text message to any mobile phone number that the User has provided to CCN, by communicating with the User through instant chat or by making it available to the User in their Wallet Account.  Any such amendments or modifications will be become effective in respect of Users by no later than the earlier of when received or 24 hours after sent or published/posted.
• Each User’s continued use of the CTZPay Application will constitute their agreement to these Terms and any future revisions.
• CCN and/or MCB reserve the right to suspend, modify and/or terminate the CTZPay Application and/or any MF Services, including the CTZPay Services or Wallet Services, at any time, with or without notice to any User, and without any liability whatsoever to any User or any third party.

8. General Provisions

• These Terms (including the Policies and Procedures as amended from time to time) contain the entire agreement betweenbetween CCN and User with respect to the subject matter of these Terms.
• A party will not be liable for any failure of or delay in the performance of this agreement for the period that such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, pandemic, strikes or labour disputes, embargoes, government orders, fire, flood, torrential rain, storm or other extreme weather conditions, riot, insurrection, civil commotion, sanctions, boycott, failure of electricity, equipment failure, or any other force majeure event.  CCN’s performance of these Terms will, to the extent that it is prevented, hindered or delayed by such circumstances, be suspended until such circumstances cease to exist.  CCN will not be liable to any User or any other party or be considered in breach of these Terms for a failure to perform, or delay in performing, any such obligation set out in these Terms while those circumstances continue.
• To the fullest extent permitted by applicable law, CCN and MCB each exclude any representations or warranties of any kind in respect of the MF Services, either express or implied, statutory or otherwise, including implied warranties of merchantability or fitness for a particular purpose, and MCB hereby disclaims any such representations, warranties and conditions of any kind.
• Neither CCN nor MCB will be liable for any authorized transactions occurring through the use of the MF Services and each User hereby fully indemnifies and holds each of CCN and MCB harmless against any action, suit, proceeding initiated against it or any loss, cost or damage incurred by it as a result of any authorized transactions.
• These Terms will not be deemed to create any partnership, agency, joint venture or employment relationship between the Parties.
• These Terms will be binding upon and ensure to the benefit of each person’s respective successors, assigns, legal representatives, executors and administrators, including any liquidator, administrator in insolvency, receiver or manager.
• Each person must do anything (including executing a document) that the other person reasonably requires in writing to give full effect to these Terms and the transactions it contemplates.
• So far as any time, date or period is mentioned in these Terms, time will be of the essence.
• If any term or provision of these Terms is at any time held to be void, invalid or unenforceable, then it will be treated as changed or reduced only to the extent minimally necessary to render it valid and enforceable or to prevent it from being void and it will be binding in that changed or reduced form.  Subject to any such change or reduction, each provision will be interpreted as severable and, if severed, its severance will not in any way affect any other term of these Terms.
• No failure, forbearance or delay by CCN in relation to the exercise of any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.  Any waiver by CCN of a right, power or remedy in any instance will not prevent CCN from subsequently exercising or enforcing the same right, power or remedy in respect of a subsequent instance.
• The validity, construction and performance of these Terms will be governed by the laws of Myanmar.
• These Terms are made only in the English language.  If there is any conflict in meaning between the English language version of these Terms and any version or translation of these Terms in any other language, the English language version will prevail.