CUSTOMER SERVICES AGREEMENT
This Registration Agreement constitutes the agreement between 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
Account means an MFS account owned and operated by the Customer under conditions of this Agreement.
Active User means an Account in which at least one (1) transaction has occurred in the last ninety (90) days.
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 Myanmar
Customer means an individual person, or juridical entity, party to this Agreement who has duly registered to avail of the Service or who makes use of non-registered Services.
DMM means Digital Money Myanmar Limited.
Dormant Account means any Account where the account remained inactive for continuous (12) months.
Fees means all fees and charges for the use of the Service, as published by DMM and included in the Schedule of Fees.
Inactive Account means any Account where the Customer has not conducted any transaction for a minimum of ninety (90) days.
Level 1 Account means an Account that is required to present the Customer’s ID for the purpose of OTC transaction.
Level 2 Account means an Account that is required to submit Customer’s ID for the purpose of OTC transaction.
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
Passcode means a 6-digit-secret number generated by the Customer that he/ she informs in secret to his beneficiary to perform an OTC 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
2.2 Customer Registration
2.3 Rights and Obligations of the Customer
2.4 MFS Account Changes
2.5 Lodging of Complaints
2.6 Mobile Financial Services Fraud
2.7 Rights and Obligations of DMM
2.8 Transaction Records
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:
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.
4.3 DMM shall have the right to lock/block/suspend a non-zero balance account if he/ she has not carried out any transaction for more than 180 days. Customer can get in touch with the Call Center for reactivating his/ her Account after providing the required information for account verification.
4.4 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.
4.5 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.
4.6 Customer’s MFS account is being used for un-authorized provision of DMM’s services without prior consent from DMM. DMM reserves the rights for immediate termination of such MFS accounts and claim of withheld balance by the Customer through a separate process. Customer may inquire the background of such termination & refund process by contacting the DMM hotline
5 ACCOUNT REINSTATEMENT
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/ her MFS Account be reinstated.
5.2 The request for reinstatement of MFS Account referred to in Clause 5.1 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 Passcode, 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/ her 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 any existing agreement between Customer and third-party network service provider.
6.4 Customer needs to withdraw the money from his wallet before his SIM is being deactivated / allocated to other Customer by Mobile Operator otherwise Customer’s money will automatically be transferred to new Customer who will use the same MSISDN and DMM shall not be responsible for any loss or damage caused by Customer’s negligence.
6.5 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 messages in relation to the Service. DMM makes 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.
6.6 Customer shall be granted such rights which he/ she may have under relevant laws and regulations as a consumer.
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 Analyze 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 has not objected. These messages may include marketing from other organizations, but we will not pass the responsibility of Customer information to these other organizations. If a customer does not want to receive marketing messages from DMM, they can contact us through our website or by calling 900 (Telenor numbers) or 9790009000 (other numbers).
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 Wherever used in this Agreement, a pronoun in the masculine gender shall be considered as including the feminine gender unless the context clearly indicates otherwise.
8.4 This Agreement and the provision of the Services shall be governed by Myanmar law.