TERMS OF USE:
The eMoney terms of use which is an integral part of eMoney service Agreement (hereinafter referred as to “Agreement”) sets out the rights and duties of E-Money Payment Solutions PLC (hereinafter referred as to “eMoney”) and the Customer in relation to eMoney service.
DEFINITION
1.1. Customer means every person whose name in an eMoney account is registered in connection with the use of eMoney services;
1.2. Recipient means every person who entitles to receive money from the customer by using the eMoney service.
1.3. Agent means a personnel or an entity registered with and approved by eMoney Payment Solutions under the law of Kingdom of Cambodia, who has full functions of undertaking eMoney services under Scope of Agent’s operations to Customer (end users);
1.4. eMoney Services: refer to the payment services of the Company allowing customers to conduct the financial transactions (including but not limited to money transfer, bill payment, top-up,…) on the POS, mobile phones, ATM,….
1.5. eMoney Account: refers to an account of customer shall be compatible with one United States Dollar account and one Khmer Riels account at MB BANK PLC. PHNOM PENH BRANCH;
1.6. ATMs means Automatic Teller Machine;
1.7. eMoney service agreement means the agreement which is binding eMoney and Customer who acquire the eMoney service;
1.8. Service channel terms and conditions
1.9. eMoney PIN means the Personal Identification Number chosen by the Customer.
1.10. Service duration means the duration of this agreement started from the signing date until terminated by any case specified in clause 8 of the agreement.
1.11. Private code is the secret code send to sender (sender inform to recipient) to withdraw cash from the eMoney Account.
1.12. Call Centre means the eMoney Customer Care Centre.
1.13. NBC means the National Bank of Cambodia.
These rules will apply to the Customer if use any of the services available on the Customer’s eMoney Account including but not limited to sending and receiving money. These rules form an agreement between the Customer and eMoney whenever the Customer uses eMoney service. The Customer must read these rules carefully because it explains the Customer’s and eMoney’s legal rights and duties to each other.
Once the Customer sends money to a eMoney, the Customer agree and understand that the recipient can do any of the following things:
- Withdraw some or all of the money in the eMoney Account from any accepted points (Agent, ATMs…).
- Use the money in the eMoney Account to buy airtime, products, and services, pay bill, make loan repayment...
- Send some or all of the money in the eMoney Account to any Cambodian following policy of service.
- Request eMoney balance or get a mini statement for the eMoney.
eMoney can change these rules from time to time. eMoney will notice the Customer about material changes via the service channels that the Customer can use to create an eMoney Account or by sending the Customer a notice by SMS or email. If the Customer doesn’t agree to any change, the Customer must not use the service anymore. If the Customer use the service after eMoney has given the Customer this notice, eMoney can assume that the Customer have read, understood and agree to these new rules and accept any changes thereto.
These rules must be read with eMoney’s General Terms and Conditions and the service channel terms and conditions. If there is a conflict about the eMoney service, this agreement will apply. If the conflict is about the use of the service channel, then the service channel terms and conditions apply.
When the Customer creates an eMoney instruction, no agreement or partnership is formed between eMoney and any recipient or third party or the Customer. eMoney will not become involved in any dispute between the Customer and any recipient or the Customer and any third party.
5.1 Provide complete and accurate information in accordance with the requirements of eMoney at the signing date and during the Service terms;
5.2 Protect and keep the eMoney account (Passwords, PIN numbers) and perform the necessary measures at the highest level to prevent the unauthorized use of the eMoney account;
5.3 Be responsible for payment of any fees using services according to fee schedule noticed by eMoney from time to time stipulated in Article 7;
5.4 Be responsible for maintenance the cellphone number (which register with eMoney account) exist;
5.5 Oblige to follow all the rules or guidelines of eMoney relating to eMoney services which are regularly updated and directly monitored at the counter of eMoney or on the official website of eMoney http://emoney.com.kh or by any SMS, Email and / or other communication channel from time to time.
5.6 Ensure not to use or intent to use eMoney service for any illegal, unlawful or fraudulent purposes.
5.7 The Customer must notify the recipient before the Customer sending him/her money via eMoney service.
5.8 If the recipient’s cellphone is lost or stolen, the Customer or the recipient must immediately notify eMoney. eMoney will, block the eMoney and if possible transfer any money left in the eMoney to a new cellphone number.
Transaction limits apply to the eMoney service. The total amount spend per transaction, per day and per month limits. These daily and monthly limits apply for all services. Please call 868/023 6 868 868 for more information.
7.1 The customer will be responsible for any fees occurring when using the eMoney services follow valid policy. Fee schedule officially posted or updated at the website of eMoney http://emoney.com.kh. The customer is obliged to follow the Fee schedule which can be issued or changed by eMoney from time to time.
7.2 The Customer agrees that eMoney will deduct this fee from the Customer’s account to set off from time to time.
7.3 The Customer and eMoney acknowledge that in no event all fees or charges relating to eMoney service under this agreement are non-refundable to the Customer.
7.5 The customers agree that after activating the eMoney Account the recipient does not do any transaction on the eMoney Account for a period of three (03) continuous months, eMoney will from the 4th month charge a monthly fee on the eMoney Account. eMoney will continue to charge this fee until any transaction occurs or the balance on the eMoney account is reduced to zero (R0-00). The eMoney will expire once the balance is reduced to zero.
7.6 The customer or the recipient or any third party involving in the agreement acknowledge that the balances in the eMoney Account doesn’t earn interest, eMoney does not pay interest on the balances held in the eMoney Account.
8.1 eMoney may also terminate / suspend the service regardless of notice to the Customer in case of:
- The Customer breaches these rules.
- The Customer is dead or missing or lost or limited capacity for civil acts or is subject to liquidation (not because of reasons such as: merging, restructuring which have been accepted by the party who wish to terminate) bankruptcy, failure in liquidity or confiscation and blockade of asset. If similar arising events indicates that one party is unable to continue the Contract or the party who wish to terminate proves that these events are imminent.
- The Customer or the recipient uses the service for illegal, unlawful or fraudulent purposes.
- eMoney state that it is necessary to protect eMoney, its customers or its systems or any recipient or third party.
- There is fraud or suspected fraud by the Customer or the recipient or any other person in relation to the eMoney. eMoney is required to do so by law.
8.2 Any termination of this Agreement shall not affect nor prejudice any right on action or remedy of eMoney against the Customer which shall have accrued up to the date of termination. In addition to the real and direct compensation paid to eMoney, the Customer must pay an amount of hundred percent (100%) of the total compensation for eMoney for breaking the Agreement.
8.3 If an eMoney account is compromised because of fraud, the Customer agrees that eMoney may freeze all moneys sent to a eMoney from that account and returned to the account holder, subject to an investigation.
8.4 When the Agreement terminates or expires (or at any time before termination or expiry date of the Agreement due to written request from eMoney) all amounts owed under this Agreement shall be due and paid as provided in this Agreement. eMoney and Customer will cooperate to solve the disputes or complaints relating to the eMoney service (if any) between two Parties.
9.1 If the recipient’s Cellphone number is illegally swapped and fraudulently used, eMoney will not be liable for any loss or damage The Customer or the recipient or any third party suffers.
9.2 The Customer will use this service at the Customer’s own risk. eMoney makes no warranty about the service to the Customer or the recipient or any third party.
9.3 eMoney will not be liable to the Customer or recipient or any third party for any loss or damage arising because of service, unless such loss or damage arose because of eMoney’s gross negligence or intentional misconduct.
Note: Information sent over public networks may be subject to unlawful monitoring and interception.
9.4 eMoney is not liable for any unauthorized transactions occurred by any person other than recipient, unless the Customer can prove that the recipient did not lose or disclose the eMoney secret information and secured the eMoney with an eMoney PIN and such unauthorized person obtained the eMoney PIN as a direct result of eMoney’s negligence or fraud.
9.5 eMoney will not be responsible to the Customer or recipient if the recipient loses or accidentally discloses any eMoney information, including the private code.
9.6 The Customer must give eMoney correct information in the required manner when creating an eMoney Account or using any of the service available on eMoney. If the Customer don’t do so eMoney will not be legally responsible to the Customer or the recipient for any loss or damage.
9.7 eMoney will try to do a reversal or compensate to the customers’ damages in case of:
- The money from eMoney Account of the Customer sent to the wrong cellphone number or a duplicated transaction;
- The recipient may not be legally entitled to the Money for any reason, or if the Customer have a dispute with the recipient.
9.8 For avoidance any doubt, eMoney always recommend that the Customer should confirm the identity and truthfulness of the recipient and check the goods and services before making payment using the eMoney service. eMoney merely provides a payment mechanism and does not check the identity of recipients when they claim money or when the Customer send money to any recipient.
9.9 eMoney cannot guarantee that the recipient will immediately receive the notification message since this depend on the service the Mobile network operators. eMoney is not liable for any loss or damage caused to any person (directly or indirectly) because of the operation of, failure, or malfunction of third party systems or communication devices.
The Customer shall indemnify fully for all loss or damage of the recipient or any third party suffers because of the Customer’s use of the service or because the Customer did not fulfill the Customer obligations under this Agreement.
Any information or communication about the service may be sent to the Customer using the eMoney or eMoney service channels or SMS or updated on the official website of eMoney: http://emoney.com.kh.
12.1 Please refer the Customer complaints to hotline Customer Care Center of eMoney.
12.2 When making a complaint the Customer must follow our published complaint resolution procedure. A copy is available on http://eMoney.com.kh.
12.3 If the Customer’s complaint falls within the jurisdiction of the NBC, the Customers have the right to refer any dispute that eMoney cannot resolve within a reasonable period of time, to the office of the NBC.
13.1 The Customers have already read, understood, agreed, and committed to follow the terms this Agreement. Other issues not stipulated in this Agreement shall be implemented in accordance with the relevant laws (including its amendments, supplementations, replacements (if any), guidance of the competent state authority and/or other valid agreement/commitment between the parties).
13.2 This Agreement is made into original sets of equal validity, each party keeps original set.