These terms and conditions governing digital banking services ("Digital Banking Terms and Conditions") provided by PRINCE BANK PLC. ("Bank") shall be read in conjunction with the General Terms and Conditions governing Account(s), Services and Products, as applicable (“GTC”). The Digital Banking Terms and Conditions shall be read and understood before using any of the services provided under Digital Banking Services. This is a legally binding contract between the Customer/Authorized User and the Bank establishing the terms and conditions under which the Digital Banking Services may be used. First use/transaction/enquiry under the Digital Banking Services implies that the Customer/Authorised User has fully read, understood and accepted the Digital Banking Terms and Conditions. If any particular business relationship between the Customer/Authorized User and the Bank is governed by a separate agreement or specific terms and conditions, that agreement or those specific terms and conditions shall prevail over the Digital Banking Terms and Conditions to the extent that the provisions of that agreement or those specific terms and conditions (as the case may be) conflict with the Digital Banking Terms and Conditions. Any capitalized terms not otherwise defined herein shall have the meaning given to them in the GTC. This is a legally binding contract between the Customer/Authorised User and the Bank.
DEFINITIONS:
The following words and phrases shall have the meanings set out herein below in this document unless repugnant to the context:
Account Balance means the amount of funds available in the Account(s) based on the most recently available information to Digital Banking Services at that time. The Account(s) balance may not include all transactions that have occurred prior to the time of enquiry and may not always represent the number of funds that are actually available for withdrawal at that time (e.g. some funds may not yet be cleared).
Available Funds are the ledger balance plus the overdraft less all the reserve demands of the Account(s).
Application means a physical or electronic application duly signed by the Customer requesting for the Service(s) under the Digital Banking Services by providing details of Customer/Authorised User.
Authentication Credentials mean Username, Password, Personal Identification Number (PIN), Verification Code, One Time Password (OTP), and any other code of the like nature (regardless of what it is called) used to authenticate the Customer/Authorized User when the Customer/Authorized User logs in, logs out, initiates, authorizes any Transaction or Transfer, or any other transactions via Digital Banking Services.
Authorized User means, in relation to the Account(s), any other Account(s) Holder other than the primary Account(s) Holder (as applicable) in the Application and approved by the Bank at its sole discretion.
Bank means PRINCE BANK PLC. and includes the Head Office or any other branches of the Bank including its successors and assigns.
Credit Information means any information regarding the Customer’s/Authorized User’s personal and financial situation, defaults in payments and any other matter related to the Account(s) or any Service(s) or products made available to the Customer/Authorized User by the Bank.
Customer means an individual who is legal person, both Cambodian or foreign national legally residing in Cambodia aged from 18 years old and has maintained Account(s) with the Bank and duly registered for the Digital Banking Services
Digital Banking Services means any or all the digital banking functions and Service(s) provided by the Bank to the Customer/Authorised User from time to time through the Bank’s Mobile App and website, including Digital Banking Services as applicable and instructed by the Bank to the Customer/Authorized User from time to time.
Disclaimer means the Bank's Disclaimer, a copy of which is available on the Website or Mobile App.
Financial Transaction(s) means a Financial Transaction using the Digital Banking Services as provided by the Bank causing movement of funds in the Customer's/Authorized User’s Account(s) which involves prior Bank approval and includes all transactions which involve the deposit, transfer or withdrawal of funds from the Account(s), or any other transaction determined to be a Financial Transaction by the Bank at its sole discretion from time to time.
Funds Transfer means the movement of funds from the Customer's/Authorized User’s Account(s) to its other Account(s) or to a third party account maintained with the Bank.
Instructions mean any request or the electronic instructions to the Bank initiated remotely by Customer/Authorised User and electronically transmitted via Digital Banking Services.
Intellectual Property Rights means any and all intellectual and industrial property rights throughout the world including rights in respect of or in connection with confidential information, copyright (including future copyright and rights in the nature of or analogous to copyright), inventions (including patents), trade-marks, service marks, designs and circuit layouts, whether or not now existing, and whether or not registered or registrable, and includes any right to apply for the registration of such rights and includes all renewals and extensions.
Limit means the daily limits as set out for usage of the Digital Banking Services for payments and transfer of funds from the Customer's/Authorized User’s Account(s), subject to availability of funds in the Account(s).
Mobile App. means a software application downloaded and installed on Customer/Authorised User’s smartphone device or other electronic devices in order to access Digital Banking Services.
Mobile Notification means the alert messages sent by the Bank through SMS to the Customer/Authorised User’s Mobile Number as provided by the Customer/Authorized User in the Application to the Bank, in writing from time to time.
Mobile Device/Phone means a mobile phone/ device that communicates with the Bank via SMS and includes the handset and the SIM card along with the accessories and necessary software, which is owned or operated by Customer/Authorised User.
Mobile Number means the number of the Customer/Authorised User specified in the Application for the Digital Banking Services and, for the avoidance of doubt, includes any Primary Mobile Number and Additional Mobile Number as defined in the Application.
Month means a calendar month.
Non-Financial Transactions means all transactions, which do not involve any prior Bank financial approval such as Account(s) enquiry, initiation of requests for statement download etc. It means usage of any function or services provided by the Bank under the Digital Banking Services, relating to the Customer's/Authorized User’s Account(s) and/or other business activities with the Bank, which do not create any financial impact on the Customer's/Authorized User’s Account(s).
Password means personal identification numbers (minimum of 4 and maximum of 16 characters with at least 1 alphabet, and 1 number) selected by the Customer/ Authorised User during the online registration process and/or issued by the Bank (which the Customer/Authorized User must change at the first login) when registration is completed through Application, which allows an Authorised User to access the Digital Banking Services.
Personal Information means any information about the Customer/Authorised User provided in the Application and obtained by the Bank in relation to usage of the Digital Banking Services.
Personal Identification Number (PIN) means a 6 to 10 digits numeric password used by the Customer/Authorised User to authenticate on the Digital Banking Services platform provided for setting up Username and Password.
Registration means the enrolment to avail the various Service(s) under the Digital Banking Services provided by the Bank. This may be done by duly completing the Application and submitting the same to the Bank or by entering the Account(s) number, Card number, Verification Codes, One Time Password (OTP) and/or PIN for creating Username and Password to access Digital Banking Services.
Service(s) means any service provided under the Digital Banking offered by the Bank, as amended from time to time.
Statement of Account means the Bank's periodic statement sent to the Customer/ Authorized User, showing particulars of the Transactions conducted under the Account(s) during a certain period, including debits with regards to various payments and transfers including the transactions by using Digital Banking Services.
SMS means short message service.
Software means the application to be downloaded and installed on the Customer’s/Authorised User’s Mobile Device /Phone in order to access the Digital Banking Services.
Transaction means a financial transaction or non-financial transaction relating to an Account(s), which is completed by the Bank for the Customer/Authorized User following Instructions from Customer/Authorised User available through the Digital Banking Services.
Transfers mean fund transfers between the Customer’s/Authorized User’s Account(s) in the Bank.
Username means the valid alphabetical, numerical or combination of both identification code, as set by the Customer/Authorised User during Digital Banking Services online registration or Application, from which the Bank identifies the Customer/Authorised User accessing Digital Banking Services.
Verification Code means a one-time password of 6 to 10 digits code sent to a Customer's or Authorized User’s Mobile Number from the Bank.
Website means the Bank's official website http://www.princebank.com.kh/providing access to Internet Banking Services.
INTERPRETATIONS:
a) References to Articles, Clauses, and Schedules are references to Articles, Clauses, and Schedules of the Digital Banking Terms and Conditions, which shall be construed accordingly and shall constitute an integral part of the Digital Banking Terms and Conditions.
b) The headings in the Digital Banking Terms and Conditions are inserted for convenience purposes only and shall not affect the construction of the Digital Banking Terms and Conditions.
c) Except where the context otherwise requires words denoting the singular shall include the plural and vice versa, words denoting a gender shall include every gender, and reference to persons shall include bodies corporate and unincorporated.
d) Any reference to a person includes any individual, company, corporation, or other legal entity, whatsoever.
1. REGISTRATION ELIGIBILITY AND USAGE OF DIGITAL BANKING SERVICES
a) Digital Banking Services will be available for mobile and data connections, which meet the required specifications, and configurations as may be specified by the Bank from time to time. The Customer/Authorised User agrees to procure and maintain a mobile and data connection, which meets these requirements at the Customer’s/Authorised User’s own expense.
b) The Customer/Authorised User must follow all relevant guidance whenever accessing or operating the Digital Banking Services.
c) Use of Digital Banking Services is permitted only upon the Bank allowing access to the Customer/Authorised User. The Bank reserves the right to require further documentation prior to allowing such access.
d) The Bank may at its sole discretion, on a case-by-case basis, agree to provide any or all Service(s) under the Digital Banking Services to the Authorised User/Customer aged at least 18 years old.
e) As a condition of using the Digital Banking Services, the Customer/ Authorised User warrants to the Bank that it will not use the Digital Banking Services for any purpose that is unlawful or is unpermitted, expressly or implicitly, by the terms of the Digital Banking Terms and Conditions or by any applicable law or regulation.
f) The Customer/Authorized User further warrants and represents that it will not use the Digital Banking in any manner that could damage, disable, overburden, or impair the Digital Banking Services or interfere with any other party's use and enjoyment of the Digital Banking Services.
g) Neither the Customer nor any Authorized User may obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Digital Banking Services.
h) The Customer/Authorized User warrants and represents that the Customer/Authorized User will act in good faith on any and every Transaction Instruction received by the Bank from the Customer/ Authorized User and in the utilization of the Digital Banking Services.
i) The Customer/Authorized User agrees that these warranties and representations will remain in full force and effect even if the Digital Banking Terms and Conditions terminate for any reason.
2. NON-ELIGIBILITY FOR DIGITAL BANKING SERVICES
The following are not eligible for Digital Banking Services:
a) Any Account(s) held in the name of a minor under guardianship or Account(s) under the minor's control.
b) Any person authorized by the Customer/Authorized User to access his/her Account(s) through Digital Banking Services who has not accepted the Digital Banking Terms and Conditions, as amended from time to time.
c) Joint accounts where the mode of operation for the Account(s) is only with joint signatures is not eligible for transaction access or such other related Services (although an account holder will be able to view details of the Account(s) for which it is expressed to be an account holder).
3. CONDITIONS RELATING TO MOBILE NOTIFICATIONS
a) Upon Application duly submitted by the Customer/Authorized User, the Bank may at its absolute discretion provide Mobile Notifications to the Customer/Authorised User.
b) The Bank reserves the right to amend, supplement, suspend or withdraw Mobile Notifications or any or all of the Service(s) provided as part of these notifications at any time, in its sole discretion without giving notice. Each such change is deemed to be binding whether or not the Customer/Authorized User has received specific notice of it.
c) The Customer/Authorised User gives his/her unconditional consent (i.e. opt-in) for the Bank to send any marketing/promotional Mobile Notifications to the Authorised User’s Mobile Number between 7.00 AM to 09.00 PM. The Customer/Authorized User agrees that they shall contact the Bank, in case the Customer or the Authorised User requires the Bank to remove/opt-out of their Mobile Number from the database for received any marketing/promotional Mobile Notifications to the Authorised User’s Mobile Number if they wish to do so.
d) The Bank shall not be responsible for any network failure by the GSM network provider or any transmission error or any failure of a Mobile Notification to reach the Customer/Authorised User.
e) Charges for receiving Mobile Notifications will be completely borne by the Customer/Authorized User even if the Mobile Number has a roaming facility and the foreign operator charges for Mobile Notifications. The Customer/Authorised User agree to receive any number/multiple messages/SMS of Mobile Notifications at any time.
f) The Customer/Authorised User agrees to fully indemnify the Bank and hold the Bank harmless against any and all actions, proceedings, liability, costs, charges, losses or damages (including legal costs) it may suffer in connection with the provision of Mobile Notifications to the Customer/Authorized User or as a result of any transmissions over the GSM network in connection with Mobile Notifications.
g) The Customer/Authorized User shall immediately notify the Bank of any loss or theft of the Mobile Number, hacking or unauthorized usage of Mobile Phone and provide the requisite information to the Bank in regards to the Mobile Notifications service to that Mobile Number.
h) By applying for and receiving the Mobile Notification from the Bank, the Customer/Authorized User is deemed to have read, understood and agreed to be bound by the Digital Banking Terms and Conditions.
i) The Bank will not in any way be responsible or liable for any loss, damage or other consequence arising from:
- non-delivery of a Mobile Notifications as result of the Customer/Authorized User's Mobile Number being switched off, lost, or stolen;
- delivery of a Mobile Notification to a party other than the Customer/Authorized User if the Mobile Phone/Number or SIM Card is not in the possession or control of the Customer/Authorized User for any reason whatsoever (whether with or without the consent of the Customer/Authorized User), or
- delivery of a message to another mobile phone/number due to the act or omission or error of the Bank, its employees, officers or agents or any third party (including without limitation any service provider), or the use and provision of the Mobile Notifications in any way.
j) The Bank accepts no liability for any loss or damage arising directly or indirectly from actions taken or not taken by the Customer/Authorized User or any third party in reliance on material or information contained in a message sent to the Customer/Authorized User by Mobile Notifications.
k) The Customer/Authorized User acknowledges that any Account Balance given to the Customer/Authorized User through the use of Mobile Notifications shall not for any purpose whatsoever be taken as a conclusive statement of the Customer's/Authorized User’s Account(s) with the Bank. The Bank may, in its absolute discretion, post all Mobile Notifications to the Mobile Number of a Customer/Authorized User. The Customer/Authorized User acknowledges that in the future, the Bank may send Mobile Notifications and triggers via additional mediums of communication. The Bank may from time to time, change the features of any trigger or Mobile Notifications. It is the Customer's/Authorized User’s responsibility to check all available Mobile Notifications or triggers, which will be notified by the Bank on the Website and/or to an Customer’s/Authorized User’s Mobile Number. The Bank may from time to time and in its absolute discretion, add, delete, and/or modify the Mobile Notifications and triggers without giving any notice to the Customer/Authorized User. Each such change is deemed to be binding whether or not the Customer/Authorized User has received specific notice of it.
l) Mobile Number is intended to be available 7 days a week, 24 hours a day but there is no warranty that Mobile Notification will be available at all times. Instructions received after the Bank’s normal working hours will be processed in accordance with the Bank’s policy.
4. DAILY LIMITS ON FUNDS TRANSFER
a) Transactions on Digital Banking Services must not exceed the Customer's/ Authorized User’s available balance in the Account(s) on the day the transaction is made. The Customer/Authorised User will not be able to transact in excess of the daily Limit (in same and/or cross currency transfers) as determined by the Bank from time to time. The daily Limit is the cumulative total of any number of Transactions. The Bank reserves its right to change these Limits, and may amend them upon the request of the Customer/Authorized User and subsequent approval of the Bank. The Bank also reserves its right to solely determine the relevant exchange rate for any determination as to whether a daily Limit has been breached in relation to a cross currency transfer. If the Customer/Authorised User tries to transfer funds that exceed the daily Limit, the Bank will decline the Transaction request and the Customer/Authorised User will receive a message stating that the entered amount exceeds the daily Limits.
b) The Customer/Authorised User accepts that any Transaction will be completed as and when the process is successfully concluded, provided all other requirements are met and without any further reference, authentication, written notice or verification.
c) The Customer/Authorised User shall ensure the sufficiency of funds in Account(s) prior to issuing Instructions to the Bank to make a transfer from that Account(s). If for any reason Account(s) is overdrawn by use of the Digital Banking Services, the Customer/Authorized User shall be required to immediately pay to the Account(s) or Funds Transfer from another Account(s) to remedy the deficit and to pay all relevant interest and charges.
d) The Customer/Authorized User hereby acknowledges all debits to Account(s) and other liabilities arising from the use of the Digital Banking Services by the Customer/Authorised User and considers that the Bank’s books, entries and registers shall be final and conclusive evidence of the correctness of any Instructions or Transaction.
5. CONDITIONS GOVERNING FUNDS TRANSFER
a) The Bank may agree to provide the Customer/Authorised User with Funds Transfer. It is understood that the Funds Transfer will be sent entirely at the Customer's/Authorized User’s own risk. The Customer/Authorized User agrees to hold harmless and indemnify the Bank against any loss, costs, damages, expenses, liability or proceedings which the Customer/Authorized User may incur or suffer as a result of the Bank acting, delaying or refraining from acting upon the Customer's/Authorized User’s instruction(s). The Bank or the Bank's correspondent shall not be liable for any loss, delay, error or omission in transmission of the message or its misinterpretation when received, or for any delay caused by the clearing system in which the payment is to be made. In no event shall the Bank under any circumstances be liable for any loss of profits, contracts or special, indirect or consequential loss or damages.
b) The Bank reserves the rights to send Funds Transfers through a place other than the one specified by the Customer/Authorized User if operational circumstances make this necessary.
c) Encashment of the remittance sent by Funds Transfer is subject to any exchange control or other restrictions which may be imposed by the rules and regulations of Cambodia. Neither the Bank, nor its correspondents, or agents shall be liable for any loss or delay caused by any such rules and regulations.
d) Funds Transfers will be affected with exchange rates as determined by the Bank from time to time updated in the Digital Banking Services. If the Customer or the Authorised User requests Funds Transfer between Accounts held with the Bank, the Bank may effect such transfers on receipt of instructions by applying the most recent exchange rate available to the Bank for the relevant currency.
6. SERVICE(S) UNDER DIGITAL BANKING SERVICES
The Bank may at its sole discretion amend or cancel any of the following Services at any time without giving notice to the Customer/Authorised User:
6.1 Bank Account(s) Services:
a) Obtain operating Account(s) balances; make service requests for new checkbooks and duplicate statements.
b) All operating Account(s) in the Customer's/Authorized User’s name will automatically be linked to the Digital Banking Services.
c) Obtain term deposit Account Balance, make service requests for opening new deposits, premature closure of term deposit accounts, renewal of deposits, and maturity payment Instructions corresponding to the Customer's/Authorized User’s Account(s). Any payment or transfer of term deposits to a third party's Account(s) is prohibited through the use of Digital Banking Services.
d) Online applying for loan account; Create new Current & Savings Account;
e) Obtain loan Account Balance/finance statements and loan statements.
f) Review Account Balance and transaction histories for a specified duration. Account(s) balances and transaction histories are reflected until the time of making the online inquiry.
g) All Service requests made by the Customer/Authorized User will be processed offline (unless otherwise specified), and will be approved at the sole discretion of the Bank. The Customer/Authorized User is able to see the current status of their service request as pending, completed or declined.
h) Online term deposit booking and managing the Account(s).
6.2 Funds Transfer Services:
a) Transfer of Funds to own account and to other beneficiary's Account(s) held at the Bank:
a) Own account transfer allows the Customer to transfer funds from their Account(s) to any other Account(s) held at the Bank in their name.
b) The Funds Transfer Service to other beneficiary's Account(s) held at the Bank allows the Customer/Authorized User to transfer funds from their Account(s) to any other beneficiary's Account(s) held at the Bank.
c) The Customer/Authorized User must register with the Bank's Digital Banking Services to be able to use the Transfer of Funds Service or Services. The Customer/Authorized User can see the current status of their service request as pending or completed.
d) The Customer/Authorized User agrees not to transfer funds to Account(s), which are not permitted under the Digital Banking Terms and Conditions and/or in violation of any rules, regulations and laws as applicable.
e) The Bank reserves the right to decline any Funds Transfer requests as well as requests to amend or cancel a previous request.
f) If Instructions identify a beneficiary by name and Account(s) number, the Bank may execute those Instructions by reference to the Account(s) number only, even if the Account(s) number does not correspond with the name provided by the Customer/Authorized User.
g) The Customer/Authorized User understands and agrees that the funds are transferred online upon Funds Transfer request made via the Digital Banking Services. The Funds Transfer will be subject to the daily Limits stipulated above.
h) The Funds Transfer service to other banks within Cambodia offered by the Bank allows the Customer/Authorized User to remit funds from their Account(s) to a beneficiary's Account(s) with the Bank.