លក្ខខណ្ឌនៃការប្រើប្រាស់សេវាទូទាត់តាមប្រព័ន្ធបាគង

1. GENERAL TERMS AND CONDITION

These terms and conditions are an “Agreement” between customer (You) and SBI LY HOUR Bank (“SBILH”) in relation to the use of Bakong Payment Service of NBC via SBILH. It is designed for using in addition to the “Fees and Limitations of Bakong Payment Service” and the companion brochures. Please carefully read this Agreement before ticking "Agree". Ticking "Agree" via your mobile phone means that you agree to all the terms, conditions and notices contained in this Agreement and accept responsibility for your usage of Bakong Payment Service.

2. Definition and Terminology

•“Bakong Application” refers to the application of Bakong Payment service that allows customers of Bakong members who use Extended Features to download system to the use.
•“Bakong Wallet” refers to a set of defined numbers in the form of account or similar nature of unique identifier assigned to a user that stores User’s balance in Bakong Payment system. This wallet will be automatically created after the user has successfully completed all necessary steps during subscription process. It creates two types of currency such as Khmer riel and US dollar.
•“Bakong System” refers to a system governed by National Clearing House of National Bank of Cambodia (“NBC”). This system provides connectivity between system’s members allowing customers to make bank transactions with one another.
•“Bakong Payment Account” refers to an account opened with NBC for payment.
•"Bank Account" refers to a Core Banking account or a bank account of other bank customers of Bakong members.
•“PIN” refers to a Personal Identification Number consisting of 6 or more characters with numerical digits and combination selected by customer using to access Bakong system.
•“QR Code” refers to a numerical code for customer’s personal account that is automatically generated after she/he has successfully registered for Bakong Payment service and this Code is used for receiving money or payments as well.

3. SERVICES AVAILABLE

•Balance inquiry
•Wallet Transaction History
•Exchange Money (US Dollar and Khmer Riel)
•QR Pay (US Dollar and Khmer Riel)
•Own Wallet funds transfer (US Dollar to Khmer Riel and vice versa)
•P2P fund transfer
Bakong Account to/from Bakong Account
Bakong Account to/from Bank Account
Cash deposit at bank counter
Deposit into Bakong Account
Deposit into Bank Account
Cash withdrawal from Bakong account at bank counter
Bakong Payments & P2P via QR Code
•The other services that will be launched depending on the real situation.

4. ELIGIBILITIES

To be eligible, you must be at least 18 years old by date of subscribing the Bakong Mobile Application and not being identified of true match with any sanction list. You must provide complete, correct, and reliable information as required in Bakong Mobile Application, including but not limited to identity document, either Cambodia National Identity Card or Passport, current residential address, occupation, clearly visible facial live photo, or picture of identity taken from the original document.

You are required to have a capable smart mobile phone with either iOS or Android and a phone number registered under your name.

5. YOUR LIABILITY

5.1. You shall be liable for any information registered via mobile phone by yourself and must ensure that the information is true. If the bank found any fake information given, you will face the applicable laws.

5.2. You shall be liable for any losses or damages including losses suffered by yourself, other persons or SBILH. If you negligently act or attempt to make transactions, invasion, searching, misrepresentation, or fraudulence, directly or indirectly, either alone or with any persons, you will face the applicable laws even if you act intentionally or inadvertently.

5.3. You agree to comply with all applicable laws, rules, and regulations in relation to Bakong Payment Service such as Law on Anti-money Laundering and Combating the Financing of Terrorism. Accessing Bakong Payment Service from locations outside of the Cambodia is at your own risk, and you are responsible for complying with local laws. We do not make representation that any content or use of Bakong Payment Service is available for using in locations outside of Cambodia.

5.4. You agree to take every precautionary measures to ensure the safety, security and integrity of your account and transactions when using Bakong Payment Service.

5.5. You are required to comply with all these terms and conditions, and in particular, the conditions of using PIN and Bakong Application properly and securely to avoid any unauthorized transactions. You may only use the Bakong Application with your own mobile phone registered by yourself.

5.6. You are required to inform the bank immediately in the event of the password disclosure or unauthorized use of your mobile phone for Bakong Payment Service. Moreover, you agree to assist the Bank to recover any unauthorized transactions.

5.7. We will not be liable for damage, loss, or deletion of data due to fault or malfunction of your mobile phone, or due to force majeure such as war, fire, earthquake, storm, flood, and so on.

6. PIN and SECURITY

6.1. You are required to create your own mobile PIN Code consisting of 6 numerical digits.

6.2. Do not store the PIN anywhere in either written or electronic form; PIN Code must be memorized for convenient use.

6.3. Do not make or allow any person to know your PIN; make sure no one watches while you are entering these codes.

6.4. You must change your PIN frequently.

6.5. In case of forgetting PIN Code or losing registered phone, you must apply as below:

•In case of changing new phone or forgetting PIN Code: You can use a new phone to scan the QR CODE that was kept on the first signup or use the QR CODE on its old phone by entering the number QR RECOVERY CODE to transfer your account to the new phone.
•In case of forgetting the PIN Code or losing the registered phone:
ដោយផ្អែកលើលក្ខខណ្ឌសុវត្ថិភាពរបស់ប្រព័ន្ធបាគងធនាគារ អេស ប៊ី អាយ លី ហួរ ម.ក ពុំអាចផ្តល់លេខកូដសម្ងាត់ថ្មីជូន លោកអ្នក បានទេ។
Based on the security conditions of the Bakong system, SBILH may not give you a new PIN Code.
After receiving your application, SBILH will send your information and requests to NBC to close the old account and transfer the balance into the new account.

MOBILE SECURITY OF REGISTERED BAKONG SYSTEM

7.1 Do not connect or download programs from unknown sources.

7.2 Always check the programs running on your mobile phone. If any unknown programs are found, immediately switch it off to avoid any virus spreading and then take it to your phone’s service center to be inspected and cleaned.

7.3 Do not leave your mobile phone unattended and/or unlocked.

7.4 Do not use the public internet because it can be easy for hackers.

7.5 Immediately log off/exit the program after using Bakong Payment Service.

7.6 Maintain the registered mobile for the use of the bank's service. Notify us immediately if your mobile phone is lost or stolen.

7.7 If you change or sell your phone, you must delete the Bakong Application from your phone.

7.8 We are not reliable for any loss or damage if you do not strictly comply with these terms and conditions.

8. BAKONG ACCOUNT

After you successfully registered for Bakong Payment Service, system will automatically generate Bakong account in Khmer Riel and US Dollar.

9. CONDITIONS OF BAKONG ACCOUNT USAGE

•Interest rate is not available.
•Initial deposit is not required.
•Minimum balance is zero (0).
•Cash withdrawal from Bakong account via ATM/CRM is not allowed. In case of need for cash withdrawal, customers can withdraw at counter of SBI LY HOUR Bank (Head Office only).
•Bakong account doesn’t have expiry date, but if your account balance is more than zero and inactive for 365 days (except the transaction made by the bank directly), it will become a dormant account. Thus, this account will not do transaction in-out as normal, and it is automatically blocked.

10. Indemnity

You unconditionally agree to indemnify and compensate SBILH against all claims, demands, actions, liabilities, costs, loss, or expense of whatever nature which SBILH may incur in relation to Bakong Payment Service operations and any breach by you of this agreement. This includes any failure by you to ensure that steps are taken to prevent unauthorized use of Bakong Payment Service.

11. TERMINATION OR CANCELLATION

11.1 You must withdraw cash or transfer it from your account to make balance zero in advance before terminating or cancelling the service.

11.2 You can terminate or cancel Bakong Payment Service by yourself on your registered mobile without being through the bank’s authorization.

12. FEE AND CHARGES

SBILH may impose fees and charges on user/customer who uses any service of SBILH being made available in Bakong Mobile Application.

You agree to pay the applicable fees from time to time set by SBILH in respect of using Bakong

Payment Service. You hereby authorize the Bank to charge such fees to account(s) of you maintained with SBILH without issuing prior notice. We may change the “Agreement” and “Fees and Limitations of Bakong Payment Service” at any time subject to the applicable laws. Except as indicated herein, we will inform you of change that affects your rights and obligations.

13. ELECTRONIC PAYMENTS AND TRANSFERS

13.1 We shall follow all your payments and transfer instructions via your mobile phone connected with Bakong system, and all your information entered such as account number, phone number, and amount, must be right and clear, and you must review all that information on the phone screen before agreeing "Yes". You will be solely responsible for ensuring the instruction provided to the Bank is correct. You shall be liable for either wrong account transfer or exceeding or insufficient amount to the beneficiary's account number or recipient.

13.2 Electronic Payment and transfer to account are irrevocable once your payment or transfer process has been done. You must inform the Bank immediately if any incorrect Electronic Payment or Transfer information is shown on your account statement.

14. DISCLOSURE OF ACCOUNT INFORMATION

We will only disclose information to third party about your account or the transactions you make in case of:

•There is requirement from the competent authority such as NBC.
•There is requirement from the law of the Kingdom of Cambodia.
•Protecting the interests of legal litigation or banking services.
•Other cases with the approval from you and in accordance with the law of the Kingdom of Cambodia.

15. DISRUPTION OF SERVICE

The Bank may notify you up to 30 days in case of service termination, service suspension, amendment to these terms and conditions, fee changes or any other matter in association with Bakong Payment Service which affects your rights and responsibilities via any of the following means:

•Send notification via SMS directly to your registered mobile phone,
•Notice at our bank offices,
•Post in our website, or
•Post in our social media.

You agree that SBILH will not be liable for any loss suffered by you where the service is temporarily unavailable or where a system or equipment necessary for any service under Bakong Mobile Application fails to function in a normal or satisfactory manner, regardless of how this may have been caused.

16. ANTI-MONEY LAUNDERING AND SANCTIONS

You agree that SBILH may at its sole discretion, delay, block or refuse to process any transaction without incurring any liability if SBILH suspects that:

•The transaction breached or may breach any law and regulation of Cambodia or other country, or
•The transaction may directly or indirectly involve the proceeds of, or be applied for the purposes of, unlawful conduct.

You agree to provide all information to SBILH, which SBILH reasonably requires in purpose of managing money laundering or terrorism of financing risk, or as required by any law or regulation of Cambodia or any other country.

You acknowledge and agree that SBILH may disclose any information concerning you, your transactions, and your bank account to the other bank which your funds are deposited, as required by any law enforcement, regulatory agency, or court where required by any such law of Cambodia or any other country.

Unless you have disclosed that you are acting as a trustee or on behalf of another party, you warrant that you are acting on your behalf in utilizing SBILH’s services, entering into this Agreement, and conducting any transaction through your bank account or Mobile Banking Application.

17. GOVERNING LAW

17.1 The terms of the transaction will apply to all transactions that you use with the bank. In case of an interpretation or finding that any of the terms of this article have a negative impact, it will not affect any other terms or conditions applicable to this transaction.

17.2 To extent that Khmer version of any document including these terms and conditions is inconsistent with English version, the terms and conditions of Khmer version shall prevail.

17.3 I/We hereby acknowledge that I have read and understood the terms and conditions, and I/We agree to adhere to them without any force from any side.

17.4 These Terms and Conditions shall be governed by and construed in accordance with the laws of the Kingdom of Cambodia, the rules, regulations, and guidelines of NBC and other relevant bodies, in force from time to time.

18. DISPUTE RESOLUTION

Any dispute or claim arising out of or related to the Terms and Conditions or use of any service under Bakong Mobile Application through SBILH and your relationship with SBILH will be resolved as per defined applicable SBILH’s procedures and guidelines as well as the Bakong Rule and Procedure.

If you have any comment or inquiry, please contact our hotline via: 023 980 888 023 980 888 .