Terms & Conditions

CUSTOMER SERVICES AGREEMENT

This Registration Agreement constitutes the agreement between Customer, as Customer, and Digital Money Myanmar Limited (“DMM”) upon Customer registration or activity to use and avail of the mobile financial services (the “Service”) offered by DMM.

TERMS AND CONDITIONS

1. DEFINITION OF TERMS

Agreement means this Registration Agreement together with the Schedule of Fees, as revised by DMM from time to time

CBM means the Central Bank of the Republic of the Union of Myanmar

Customer means the individual person or juridical entity, party to this Registration Agreement who has duly registered to avail of the Service or who makes use of non-registered Services.

DMM means Digital Money Myanmar Limited

Fees means all fees and charges for the use of the Service, as published by DMM and included in the Schedule of Fees

Level 1 Account means a type of Customer Account that does not require customer verification

Level 2 Account means a Customer Account that requires customer verification

Mobile Financial Services Account or MFS Account means a store of value provided by DMM for the purposes of conducting transactions related to the Service

MSISDN means Mobile Station International Subscriber Directory Number, which is a unique number used to identify the Customer on a mobile network

Network Service Provider means the telecommunications and data services provider used by the Customer to communicate and transact with DMM

Non-registered Services / Over-The-Counter (OTC) are services provided by DMM without requiring customer registration.

PIN or Personal Identity Number means a 4-digit code used to authenticate Customer identity when availing of the Service

POS/Agent or Point-of-Sale/Agent means a person or entity who enters into an agency agreement with DMM to provide the Service directly to Customers on behalf of DMM

Schedule of Fees means the list of Fees to be paid by the Customer for the use of the Service, which are publicly made available by DMM, the POS/Agents and Distributors

Service means the mobile financial services, and in particular the provision of payments and financial services through the use of mobile technology infrastructure including, electronic terminals, and credit tokens

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

Secret Code means a unique number selected by Customer for the purposes of conduction Authorised Services. The secret code is used to authenticate a specific transaction.

Port Out means Mobile phone users to retain their mobile numbers when changing from one mobile network operator to another

2. USE OF THE SERVICE
2.1 Customer Identity and Qualifications

a. Level 1 Account – Customer may open a Level 1 Account to use the Service without need of providing identification documents.
b. Level 2 Account – Customer must provide DMM with sufficient documents to satisfy proof of identity in accordance with the criteria set by DMM and CBM.
c. Over-the-Counter Services – Customer may avail of over-the-counter services by providing Customer’s MSISDN with sufficient documents to satisfy proof of identity in accordance with the criteria set by DMM and CBM.
d. In order to avail of any and all of the Services, Customer must have an active Telenor mobile SIM

2.2 Customer Registration

a. Registration shall be either through authorized POS/Agent channels or self-registration
b. Customer must select a PIN at the time of registration in order to authorize transaction requests made via the registered MFS Account.
c. Customer must have enough credit in the MFS Account to complete requested transactions. DMM reserves the right to decline transactions requested by Customers with insufficient credit.
d. Customer must maintain sufficient SIM credit.

2.3 Rights and Obligations of the Customer

a. Customer shall keep his PIN confidential and not disclose it to any third party, including POS/Agents or representatives of DMM.
b. When using a transaction requiring a Secret Code, customer shall keep this secret code confidential and disclose it solely to the intended recipient of funds. Customer shall not disclose the Secret Code to any party other than the intended recipient, including POS/Agents.
c. Customer shall notify DMM immediately in case Customer’s mobile phone or SIM is stolen, in order for DMM to block the MFS Account number registered on the SIM. The registered MFS Account is an access mechanism, and by blocking the MFS Account, the Service is suspended and unauthorized transactions are prevented.
d. If anyone obtains Customer’s PIN and is able to access the SIM and registered MFS Account of the Customer, it will be presumed that such person accessing the MFS Account is the Customer himself or his authorized representative.
e. Customer may not cede, assign or transfer in any way any of his rights and obligations under this Agreement or the use of the Service without the express and prior consent of DMM.
f. Customer shall not use the Services for any abusive, illegal, fraudulent or criminal purpose, including money laundering and terrorist financing.
g. Customer shall have the right to encash or redeem the value of money held in his MFS Account at any time, with or without terminating his MFS Account. This redemption may be subject to a fee as advised by DMM.

2.4 MFS Account Changes

a. The Customer will not be able to Port-Out while MFS mobile account is open. The MFS mobile account status has to be Closed in order for a Port-Out request to take place.
b. No MSISDN Change or MSISDN Termination requests will be allowed. The MFS mobile account status has to be Closed in order for a MSISDN Change or MSISDN Termination request to take place.
c. No Ownership Change request should be allowed for the MSISDN. The MFS mobile account status has to be Closed in order for an Ownership Change request to take place.
d. Upon a SIM replacement for any MSISDN, the Account PIN would be changed. Customer would need to call the Call Center and request a PIN change before he can use his account. ?

2.5 Lodging of Complaints

a. Customer may lodge complaints in relation to the provision of the Service by contacting the DMM hotline provided upon registration or by notifying DMM in writing. DMM shall investigate the complaint and resolve the complaint within 5 business days. If the complaint is not resolved within 5 days, DMM shall inform Customer of the cause and resolve the same within the subsequent 10 days.
b. A complaint reference number and other relevant information shall be provided to Customer to enable him to inquire as to the progress of the complaint.
c. If Customer is not satisfied with the resolution of the complaint, Customer shall have the right to escalate the complaint to a senior representative of DMM to examine the resolution.

2.6 Mobile Financial Services Fraud

a. In case Customer has probable cause to believe that he has been a victim of a fraud involving unauthorized and/or suspicious use of his MFS Account, Customer shall immediately report such incident to DMM through the nearest POS/Agent and file a written report or call the DMM hotline to orally report the incident.
b. Customer shall cooperate with DMM and the proper authorities in conducting the investigation of the alleged fraud report.
c. Upon investigation, and should DMM and the authorities find that a case of fraud was in fact committed without the fault or negligence on the party of the Customer, and despite compliance by the Customer with the safety and security measures provided by DMM in the use of the Service, DMM, at its discretion, may reimburse any losses suffered by the Customer by reason of such fraud.
d. Customer shall provide all necessary information to DMM which DMM reasonably requires in order to manage cases of fraud, money-laundering or terrorism financing risk or to comply with any laws in Myanmar or any other country and Customer agree that DMM may disclose any information concerning the Customer to any related company or partner, law enforcement, regulatory agency or court where required by any such law, in Myanmar or elsewhere.

2.7 Rights and Obligations of DMM

a. DMM shall provide the Service to Customer and ensure that the Service is available to the Customer for use at all time, excepting technological difficulties beyond DMM’s control.
b. DMM shall have the right to suspend or block a MFS Account in accordance with Clause 4 below.
c.DMM has the right to impose limits on transactions and account balances in accordance with CBM regulations or its own policies and procedures. Information about these limits will be available at POS/ Agents locations, via the DMM website or contact centre.
d. DMM may from time to time amend the Services offered or the terms and conditions related to the use of the Service. Customer will be notified of material changes only, within a reasonable period of time of the changes to the Service or its terms and conditions of use. Customer will have 30 days from receipt of notification to terminate the Service if Customer does not agree with the amended terms and conditions. If Customer continues to use the Service within 30 days after DMM has sufficiently given Customer notice of the amendments, or 30 days have lapsed without Customer notifying DMM of his intention to terminate, DMM will be entitled to assume that Customer has read and agreed to be bound by the amended Service or terms and conditions.
e. DMM may communicate with Customer from time to time using short message service (“SMS”) without guaranteeing the accuracy or arrival of such SMS. DMM will only use designated numbers or channels to contact Customer. DMM shall not be liable for any loss, expense, claim or damage whatsoever caused to the Customer arising from any delay or failure by Customer to receive such SMS.
f. DMM makes no representation or warranty, whether express or implied, as to the operation and functionality of the Service.

2.8 Transaction Records

a. Upon request, DMM shall provide Customer with a record of all Service transactions made from Customer’s MFS Account within the last 60 days, either in electronic or hard copy formats. Customer may request this record by contacting the DMM hotline. DMM reserves the right to charge a fee for the provision of this record.

3. SERVICE FEES AND OTHER CHARGES

3.1 DMM shall charge fees for the provision of the Services in accordance with the Schedule of Fees which shall be made publicly available at the POS/Agent locations and DMM website.
3.2 DMM shall have the right to change the Fees from time to time.
3.3 Any additional fees that may be charged by a third party Network Service Provider shall be for the account of the Customer.

4. TERMINATION OF SERVICE
4.1 DMM may at any time, terminate this Agreement and the use of Services by Customer under the following circumstances:

a. Customer has breached the terms and conditions of this Agreement including his warranties under this Agreement
b. Customer’s MFS Account remains dormant for a period of 3 years.
c. Customer’s MFS Account has been a subject of investigation under Clause 2.6b of this Agreement.

4.2 In the event of such termination under Clause 4.1, DMM will provide Customer with 30 days’ notice via SMS, in writing or any other means. In case of termination by reason of fraud and other causes under Clause 2.6, DMM reserves the right to exercise other rights and remedies available to it under relevant laws and regulations in addition to terminating this Agreement and the provision of the Service.

a. Customer has breached the terms and conditions of this Agreement including his warranties under this Agreement
b. Customer’s MFS Account remains dormant for a period of 3 years.
c. Customer’s MFS Account has been a subject of investigation under Clause 2.6b of this Agreement.

4.3 Customer may at any time terminate the Service by giving DMM such notice in writing through a POS/Agent location or by calling the DMM hotline.
4.4 All outstanding fees and obligations of the Customer shall remain payable after termination of this Agreement. DMM reserves the right to set off any unpaid transactions or fees from any other account held by Customer with DMM.

5 ACCOUNT REINSTATMENT
5.1 In case a Customer’s MFS Account has been terminated or suspended in accordance with the provisions of Clause 4.1, Customer may, by written communication, request from DMM that such termination or suspension be lifted and his MFS Account be reinstated.
5.2 The request for reinstatement of MFS Account referred to in Clause 6.1 shall be reviewed by DMM and may be granted on a case-by-case basis, provided that the causes for termination under Clause 4.1 no longer exist.

6 CUSTOMER LIABILITY
6.1 Customer shall be liable for any unauthorized transaction that has been debited to Customer’s MFS Account using the PIN or Secret Code, unless it can be proven that such unauthorized transaction was due to DMM’s own fault or gross negligence.
6.2 Customer agrees to use the Service at his own risk and DMM shall not be held liable for any loss or damage whatsoever, unless such loss or damage arises from DMM’s own gross negligence or fraud.
6.3 Products purchased using the Service but supplied by a third party are sold under the terms and conditions of the relevant third party network service provider and the terms and conditions of this Agreement do not supersede the any existing agreement between Customer and third party network service provider.
6.4 Customer shall be responsible for giving correct information and instructions when registering beneficiaries or payees for its MFS Account. DMM will not be responsible for any loss or damage caused by Customer’s fault, either in setting up the beneficiary or payee or in making erroneous payments using the Service. DMM shall not be responsible for the verification of the identity of payment recipients. DMM cannot reverse duplicate incorrect payments made by Customers. DMM shall only be responsible for carrying out specific payment instructions made by the Customer in connection with the use of the Service. Notice of confirmation of payment to the recipient does not warrant that the recipient has received the payment or has access to the funds. DMM accepts no liability whatsoever, and Customer shall indemnify DMM against any loss, expense, claim or damage that Customer or a third party may suffer, whether direct, indirect or consequential, arising from the use of the Service, or arising from any delay or failure by DMM to send an email, SMS or other electronic message in relation to the Service. DMM make no representation or warranty, whether express or implied, as to the operation and functionality of the Service or the accuracy and integrity of the transmitted information.
6.5 Customer shall be granted such rights which he may have under relevant laws and regulations as a consumer.

7 PRIVACY

DMM may use Customer information to:

7.1 Manage Customer account, carry out customer-care activities and train our staff, including monitoring calls, emails or text messages that Customer send us;
7.2 Monitor the quality and security of the network and test and maintain our IT systems;
7.3 Analyse Customer use of the services for marketing purposes, including, but not limited to, the calls and messages Customer send and receive and Customer location at the time these communications take place, as well as Customer browsing history and use of our websites;
7.4 Disclose information to police or law enforcement authorities as required by Myanmar Law.
7.5 Disclose information to DMM’s parent companies and subsidiaries for internal administrative and operational purposes or to any service providers engaged by them;
7.6 Contact Customer with marketing messages if Customer have not objected. These messages may include marketing from other organisations, but we will not pass responsibility of Customer information to these other organisations. If Customer does not want to receive marketing messages from DMM, please contact us through our website or by calling 900 or 9790009000

For more details on how we use Customer information, please read the privacy policy on our website.

8 GENERAL PROVISIONS
8.1 DMM shall have the right to transfer and assign this Agreement at any time.
8.2 No failure or delay on the part of either Party in exercising any power or right hereunder or no knowledge or acquiescence by either Party hereto of or in any breach of any terms and conditions or covenants herein contained, shall operate as a waiver thereof, nor shall any single or partial exercise of such right or power preclude any other or further exercise of any other right or power herein.
8.3 This Agreement and the provision of the Services shall be governed by Myanmar law.

PRIVACY POLICY MODEL FOR WAVE MONEY MOBILE APPLICATION

This privacy policy governs your use of the software application Wave Money (“Application”) for mobile devices that was created by Wave Money (aka Digital Money Myanmar, Ltd). The Application is an app which allows customers with a mobile account to send and receive money as well as perform other functions like buy airtime top-up and connect relevant bank accounts.

What information does the Application obtain and how is it used?

User Provided Information

The Application obtains the information you provide when you download and register the Application. Registration with us is optional. However, please keep in mind that you may not be able to use some of the features offered by the Application unless you register with us.
When you register with us and use the Application, you generally provide (a) your name, MSISDN, email address, age, user name, password and other registration information; (b) transaction-related information, such as when you make purchases, respond to any offers, or download or use applications from us; (c) information you provide us when you contact us for help; (d) credit card information or other payment information for purchase and use of the Application, and; (e) information you enter into our system when using the Application, such as contact information and project management information.
We may also use the information you provided us to contact your from time to time to provide you with important information, required notices and marketing promotions.

Automatically Collected Information

In addition, the Application may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile devices unique device ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browsers you use, and information about the way you use the Application.

Does the Application collect precise real time location information of the device?

When you visit the mobile application, we may use GPS technology (or other similar technology) to determine your current location in order to determine the city you are located within and display a location map with relevant advertisements. We will not share your current location with other users or partners.

If you do not want us to use your location for the purposes set forth above, you should turn off the location services for the mobile application located in your account settings or in your mobile phone settings and/or within the mobile application.

Do third parties see and/or have access to information obtained by the Application?

Yes. We will share your information with third parties only in the ways that are described in this privacy statement.

We may disclose User Provided and Automatically Collected Information:

• as required by law, such as to comply with a subpoena, or similar legal process;
• when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request;
• with our trusted services providers who work on our behalf, do not have an independent use of the information we disclose to them, and have agreed to adhere to the rules set forth in this privacy statement.
• if [DEVELOPER COMPANY NAME] is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our Web site of any change in ownership or uses of this information, as well as any choices you may have regarding this information.

What are my opt-out rights?

You can stop all collection of information by the Application easily by uninstalling the Application. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network. You can also request to opt-out of certain data points via email, at care@wavemoney.com.mm.

Data Retention Policy, Managing Your Information

We will retain User Provided data for as long as you use the Application and for a reasonable time thereafter. We will retain Automatically Collected information for up to 24 months and thereafter may store it in aggregate. If you’d like us to delete User Provided Data that you have provided via the Application, please contact us at care@wavemoney.com.mm and we will respond in a reasonable time. Please note that some or all of the User Provided Data may be required in order for the Application to function properly.

Children

We do not use the Application to knowingly solicit data from or market to children under the age of 13. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us at care@wavemoney.com.mm. We will delete such information from our files within a reasonable time.

Security

We are concerned about safeguarding the confidentiality of your information. We provide physical, electronic, and procedural safeguards to protect information we process and maintain. For example, we limit access to this information to authorized employees and contractors who need to know that information in order to operate, develop or improve our Application. Please be aware that, although we endeavor provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.

Changes

This Privacy Policy may be updated from time to time for any reason. We will notify you of any changes to our Privacy Policy by posting the new Privacy Policy here and informing you via email or text message. You are advised to consult this Privacy Policy regularly for any changes, as continued use is deemed approval of all changes. You can check the history of this policy by clicking here.

Your Consent

By using the Application, you are consenting to our processing of your information as set forth in this Privacy Policy now and as amended by us. “Processing,” means using cookies on a computer/hand held device or using or touching information in any way, including, but not limited to, collecting, storing, deleting, using, combining and disclosing information.

Contact us

If you have any questions regarding privacy while using the Application, or have questions about our practices, please contact us via email at care@wavemoney.com.mm.

DIGITAL MONEY MYANMAR

E-mail – care@wavemoney.com.mm
Hotline – 900 or 9790009000