|This Registration Agreement constitutes the agreement between Consumers, as Consumer, and AYEYARWADY BANK (“AYA Bank”) upon Consumer registration or activity to use and avail of the mobile financial services (the “Service”) offered by AYA Bank.
TERMS AND CONDITIONS
1.DEFINITION OF TERMS
Agreement means this Registration Agreement together with the Schedule of Fees, as revised by AYA Bank from time to time
AYA Bank means Ayeyarwady Bank limited
CBM means the Central Bank of the Republic of the Union of Myanmar
Dormant Account means a mobile money account with no customer-initiated Transactions for an uninterrupted period of three  months;
E-money means the electronic monetary value depicted in your Account representing an equal amount of Cash held by AYAPay as trustee and which may be redeemed for an equal amount of Cash;
Fees means all fees and charges for the use of the Service, as published by AYA Bank and included in the Schedule of Fees
Level 1 Account means a type of Consumer Account that does not require Consumer verification documents
Level 2 Account means a Consumer Account that requires Consumer verification
Merchant/Agent means a person or entity who enters into an agency agreement with AYA Bank to provide the Service directly to Consumers on behalf of AYA Bank
Mobile Money Account or MMA account means a store of value provided by AYA Bank for the purposes of conducting transactions related to the Service
Mobile Financial Services Provider or MMAP means the provider who provides the mobile financial services for consumers
Mobile Number is any mobile in Myanmar which is a unique number used to identify the Consumer on a mobile network
M-PIN or Mobile Personal Identity Number means a 4-digit code used to authenticate Consumer identity when availing of the Service
Non-Financial Transaction means all other transactions pertaining to your Account that are not financial Transactions;
Network Service Provider means the telecommunications and data services provider used by the Customer to communicate and transact with AYA Bank
Schedule of Fees means the list of Fees to be paid by the Consumer for the use of the Service, which are publicly made available by AYA Bank, Agents and Merchants
Service means the mobile financial services, and in particular the provision of payments and financial services through the use of mobile technology infrastructure including, smart phone and web portal
SIM means Consumer Identity Module, which is a microchip device used to authenticate a consumer on the mobile network
S-PIN is a unique number selected by Consumer for the purposes of conduction Authorized Services. S-PIN is used to authenticate a specific transaction such as social transfer via Facebook, Wechat, WhatsApp, etc. and cash out at AYA ATM.
Super-Agent , singly, or “Super Agents”, in the collective, means an authorized party duly appointed by AYAPay to interface with you as an entry point to initiating a Transaction via the Mobile Financial System;
Consumer means the individual person or juridical entity, party to this Registration Agreement who has duly registered to avail of the Service
T-PIN or Transaction Personal Identity Number means a 4-digit code used to authenticate transaction process when availing of the transaction service
Transaction shall generally refer to both Financial Transactions and Non-Financial Transactions;
Tariffs refers to actual charges for use of the Service, as published;
2. USE OF THE SERVICE
2.1 Consumer Identity and Qualifications
a. Level 1 Account – Consumer may download AYAPay application and open a Level 1 Account to use the Service without need of providing identification documents but need to fill mobile number, date of birth, gender and name
b. Level 2 Account – Consumer must provide AYA Bank with sufficient documents to satisfy proof of identity in accordance with the criteria set by AYA Bank and CBM
c. You must have an active SIM card to access your Account.
2.2 Consumer Registration
a. Registration shall be either through authorized Agent channels or self-registration
c. Consumer must have enough credit in MMA account to complete requested transactions. AYA Bank reserves the right to decline transactions requested by Consumers with insufficient credit.
d. Consumer must maintain sufficient SIM credit
2.3 Rights and Obligations of the Consumer
a. Consumer shall keep his M-PIN confidential and not disclose it to any third party, including Agents or representatives of AYA Bank.
b. When using a transaction requiring T-PIN, consumer shall keep this T-PIN confidential and disclose it solely to the intended recipient of funds. Consumer shall not disclose the T-PIN to any party other than the intended recipient, including Agents.
c. Consumer shall notify AYA Bank immediately in case Consumer’s mobile phone or SIM is stolen, in order for AYA Bank to block the MMA Account number registered on the SIM. The registered MMA account is an access mechanism, and by blocking the MMA account, the Service is suspended and unauthorized transactions are prevented.
d. If anyone obtains Consumer’s M-PIN and is able to access the SIM and registered MMA account of the Consumer, it will be presumed that such person accessing the MMA account is the Consumer himself or his authorized representative.
e. Consumer 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 AYA Bank.
h. You must provide sufficient proof of identification as directed in the Mobile Financial Services Regulation.
i. You must not provide any false, inaccurate, incomplete or misleading information.
j. AYAPay may reject your application at its discretion if any of the Account opening requirements are not met or if you fail to provide satisfactory proof of identification.
2.4 MMA Account Changes
a. Consumer can edit their name, email, address and profile picture in AYAPay app.
b. Consumer needs go to the branch if he/she wants to edit NRIC & mobile number.
2.5 Lodging of Complaints
a. Consumer may lodge complaints in relation to the provision of the Service by contacting the AYA Bank hotline provided upon registration or by notifying AYA Bank in writing. AYA Bank shall investigate the complaint and resolve the complaint within 5 business days. If the complaint is not resolved within 5 days, AYA Bank shall inform Consumer of the cause and resolve the same within the subsequent 10 days.
2.6 Mobile Financial Services Fraud
a. In case Consumer has probable cause to believe that he has been a victim of a fraud involving unauthorized and/or suspicious use of his MMA Account, Consumer shall immediately report such incident to AYA Bank through the nearest Branch or Agent and file a written report or call the AYA Bank hotline to orally report the incident.
d. Consumer shall provide all necessary information to AYA Bank which AYA Bank 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 Consumer agree that AYA Bank may disclose any information concerning the Consumer 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 AYA Bank
a. AYA Bank shall provide the Service to Consumer and ensure that the Service is available to the Consumer for use at all time, excepting technological difficulties beyond AYA Bank’s control.
g. AYAPay shall not be held responsible for any transactions or matters processed through an unauthorized AYAPay Agent. Any requests for the reversal of Transactions may be approved, at AYAPay sole discretion, only upon confirmation of a system error or a finding of fault on AYAPay’s part.
2.8 Transaction Records
a. Upon request, AYA Bank shall provide Consumer with a record of all Service transactions made from Consumer’s MMA Account within the last 90 days, either in electronic or hard copy formats. Consumer may request this record by contacting the AYA Bank hotline. AYA Bank reserves the right to charge a fee for the provision of this record.
3. SERVICE FEES AND OTHER CHARGES
3.1AYA Bank shall charge fees for the provision of the Services in accordance with the Schedule of Fees which shall be made publicly available at the Agent locations and AYA Bank website.
4. TERMINATION OF SERVICE
4.1 AYA Bank may at any time, terminate this Agreement and the use of Services by Consumer under the following circumstances:
a. Consumer has breached the terms and conditions of this Agreement including his warranties under this Agreement
4.2 In the event of such termination under Clause 4.1, AYA Bank will provide Consumer 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, AYA Bank 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. Consumer has breached the terms and conditions of this Agreement including his warranties under this Agreement
4.3 Consumer may at any time terminate the Service by giving AYA Bank such notice in writing through a Branch or Agent location or by calling the AYA Bank hotline.
4.4 All outstanding fees and obligations of the Consumer shall remain payable after termination of this Agreement. AYA Bank reserves the right to set off any unpaid transactions or fees from any other account held by Consumer with AYA Bank.
5 ACCOUNT REINSTATEMENT
5.1 In case a Consumer’s MMA Account has been terminated or suspended in accordance with the provisions of Clause 4.1, Consumer may, by written communication, request from AYA Bank that such termination or suspension be lifted and his MMA Account be reinstated.
5.2 The request for reinstatement of MMA Account referred to in Clause 6.1 shall be reviewed by AYA Bank and may be granted on a case-by-case basis, provided that the causes for termination under Clause 4.1 no longer exist.
6 CONSUMER LIABILITY
6.1 Consumer shall be liable for any unauthorized transaction that has been debited to Consumer’s MMA Account using the M-PIN or T-PIN, unless it can be proven that such unauthorized transaction was due to AYA Bank’s own fault or gross negligence.
6.2 Consumer agrees to use the Service at his own risk and AYA Bank shall not be held liable for any loss or damage whatsoever, unless such loss or damage arises from AYA Bank’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 Consumer and third party network service provider.
6.4 Consumer shall be responsible for giving correct information and instructions when registering beneficiaries or payees for its MMA Account. AYA Bank will not be responsible for any loss or damage caused by Consumer’s fault, either in setting up the beneficiary or payee or in making erroneous payments using the Service. AYA Bank shall not be responsible for the verification of the identity of payment recipients. AYA Bank cannot reverse duplicate incorrect payments made by Consumers. AYA Bank shall only be responsible for carrying out specific payment instructions made by the Consumer 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. AYA Bank accepts no liability whatsoever, and Consumer shall indemnify AYA Bank against any loss, expense, claim or damage that Consumer 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 AYA Bank to send an email, SMS or other electronic message in relation to the Service. AYA Bank 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 Consumer shall be granted such rights which he may have under relevant laws and regulations as a consumer.
AYA Bank may use Consumer information to:
7.1 Manage Consumer account, carry out Consumer -care activities and train our staff, including monitoring calls, emails or text messages that Consumer send us;
7.2 Monitor the quality and security of the network and test and maintain our IT systems;
7.3 Analyze Consumer use of the services for marketing purposes, including, but not limited to, the calls and messages Consumer send and receive and Consumer location at the time these communications take place, as well as Consumer 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 AYA Bank’s parent companies and subsidiaries for internal administrative and operational purposes or to any service providers engaged by them;
7.6 Contact Consumer with marketing messages if Consumer have not objected. These messages may include marketing from other organizations, but we will not pass responsibility of Consumer information to these other organizations. If Consumer does not want to receive marketing messages from AYA Bank, please contact us through our website or by calling 01*******
8. GENERAL PROVISIONS
8.1 AYA Bank 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.
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 mandatory. When you register with us and use the Application, you generally provide (a) your name, mobile number, email address, gender, date of birth, 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) other payments 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.
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;
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 firstname.lastname@example.org.
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 email@example.com 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.
We do not use the Application to knowingly solicit data from or market to children under the age of 18. 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 firstname.lastname@example.org. We will delete such information from our files within a reasonable time.
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.
a. If, at any time, any provision of these Terms and Conditions or related documents is or becomes illegal, invalid or unenforceable in any respect under applicable law, the legality, validity or enforceability of the remaining provisions shall not in any way be affected or impaired.
b. These Terms and Conditions constitute the entire agreement between you and AYAPay Money with respect to the subject matter hereof and supersede and replace any and all prior terms. In the event of inconsistency between these Terms and Conditions and previous editions, this version will prevail.
c. No failure to exercise, nor any delay in exercising, on the part of AYAPay, any right or remedy under these Terms and Conditions shall operate as a waiver of any such right or remedy. No single or partial exercise of any right or remedy by AYAPay shall prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in these Terms and Conditions are cumulative and not exclusive of any rights or remedies provided by law.
d. You may not assign or transfer any of your rights, benefits or obligations you may have under these Terms and Conditions without AYAPay’s prior written consent.
e. You acknowledge that these Terms and Conditions are subject to amendment, modification or variation from time to time at AYAPay’s discretion.
If you have any questions regarding privacy while using the Application, or have questions about our practices, please contact us via email at email@example.com.