CP BANK MERCHANT APP TERMS AND CONDITIONS

1. Definitions and Interpretation

1.1 Definitions: Referring to the Banking Services Terms and Conditions, unless the context otherwise requires further clarifications:

Account: means, where applicable, each account you open with the Cambodia Post Bank Plc. (CP Bank) in the Kingdom of Cambodia; It includes CP BANK's Savings Account, Current Account, Recurring Account, VIP Account, Fixed Deposit Account or any other types of account in KHR, THB, USD or any other currencies as may be created from time to time at CP BANK branch or via CP BANK Merchant or any other application.

CP Bank Merchant: means the mobile application made available from authorized app stores for the purposes of receiving money by QR Payment (the features of which we may vary from time to time) of the Bank.

ATM :means automated teller machines and such other devices provided by us for the withdrawal or deposit of cash and/or cheques;

Bank: means the Cambodia Post Bank Plc. entity providing the all available Banking services that includes account opening, account services, ATM and Mobile Banking Services to you, as identified in the Registration Form;

Bank Member: means any of the Bank’s branches, subsidiaries, representative offices, agencies or affiliates, the Bank’s head office or ultimate holding company, any corporation in the Bank's group (being a corporation in which an equity interest is held by any of the foregoing entities) or any bank or member of a bank group in any jurisdiction with whom the Bank has entered or may enter into any form of alliance;

Biometric Identifier: includes a fingerprint, facial data and any other means by which a mobile device manufacturer allows a user to authenticate their identity for the purposes of unlocking their mobile device and access to the specific applications including CP BANK Merchant.

CP BANK Mobile Banking: means the mobile banking application made available from authorized app stores for the purposes of accessing the Mobile Banking Services (the features of which we may vary from time to time) of the Bank.

CP BANK Pay: means a mobile based payment facility enabling CP BANK Merchant users to make payments or purchases from their CP BANK Accounts or linked Visa Card (or any other types of Cards Bank issues) at stores or online merchants by scanning compatible Quick Response (QR) code;

Content: means and includes any information, images, links, sounds, graphics, video, software or other materials, including quotes, news and research data, made available through CP BANK Merchant.

Customer:Includes CP BANK account holder and non-CP BANK account holder that acquire one-off services from CP BANK. All Customers are subject to adequate due diligence.

Customer Information:All personal data and information provided to us or compiled by us from time to time in connection with the Bank Services are collectively referred to as "Customer Information".

Mandatemeans all your written authorizations and mandates provided in such form and substance satisfactory to CP Bank;

“Mobile Device”: means a telephone or other device with access to a cellular radio system that allows users to make and receive telephone calls, text messages and utilize data services among other features, that can be used over a wide area without a physical connection to a network and through which a customer may access and use any Mobile Banking Services, such as a mobile smartphone, tablet computer, or similar device;

Mobile Operator: means a mobile telephone network operator;

Notifications: means and includes SMS and in-app push-notifications sent to you on different occasions related to banking transactions or general alerts sent by CP BANK;

Order Information: means any information or data received by us from you via API in relation to any invoice, credit or debit note, purchase order or similar document which you issue or prepare in connection with goods and/or services provided or to be provided by you.

“Person”: includes any (i) individual, corporation, firm, partnership, limited liability partnership, society, association, trade union, institution, business concern, organization; (ii) statutory body, agency or government authority; (iii) quasi-governmental, inter- governmental or supranational body; or (iv) regulatory, fiscal, taxing or other authority or organization, in each case whether local or foreign;

Payment: means a payment order initiated by you through CP BANK Merchant or at any other available channels including the CP Bank branches to make a debit of your eligible Account for any payments; for example, to make a payment to vendors;

Personal Information: refers to the personal information provided by you to CP BANK, including but not limited to name, national identity number (NID), date of birth, phone number, email, address;

PIN: means the unique four (4) digit number (that may or may not change time to time) used to log in to CP BANK Merchant and to confirm any Transaction;

Payment Service Provider (PSP):refers to a legal entity dully licensed by National Bank of Cambodia (NBC) to operate financial services in Cambodia and approved by CP BANK for the connection of services such as payment or transfer under certain legal arrangement;

Scan QR: means a QR code scanning service in CP BANK Merchant that allows users to scan and pay at CP BANK, Bakong enabled or any other sales points or to scan QR codes at other CP BANK’s facilities to process various types of transactions.

Security Credential: means and includes passwords, personal or log-in identification numbers, One-Time-Pin (OTP) and other codes and access procedures including short messaging service (SMS) for access to and use of services in CP BANK Merchant and other services provided by us from time to time.

Security Mechanism: refers to any security token, security application, ATM card or such other device, equipment or method which is used to generate a Security Code or which is used in connection with access to and/or use of the Electronic Banking (EB) Services;

System: means the hardware, software and telecommunication links or any part thereof used from time to time for the purpose of providing, supporting, accessing and/or otherwise referable to the Mobile Banking Services;

Third Party Provider: means and indicates any person (individual or entity) with whom CP BANK has a relationship for distributing services either directly through CP BANK Merchant or through third party sites or applications.

Transfer: refers to fund transfer whereby CP BANK becomes a paying or receiving bank on behalf of you to take effect any payment order made to/from you. Transfers include both intra-bank transfer and inter-bank transfer, for example a transfer from you to another beneficiary within CP BANK or to beneficiary in other financial institutions such as banks or PSPs.

Transaction: means any financial activity or operation made or performed, processed or effected through the Electronic Instructions or otherwise through the Mobile Banking Services by you or any person purporting to be you, or any person purportedly acting on your behalf, with or without your consent, including any payment/ fund transfer to/from your Account; any other banking transaction that may be made available through CP BANK Merchant from time to time (including bill payments); and any banking transaction carried out through any CP BANK branch;

Transaction History: indicates list of all the Transactions entered into or performed within CP BANK Account within a specific period;

User Guide: means such user guide or document issued or prescribed by us, through any medium, setting out instructions on the use of the Mobile Banking Services;

Username: : an identification of you for accessing to CP BANK Merchant.

Vendor: means any third-party service provider establishing relationship with CP BANK to which payments can be made to vendor from your Account using CP BANK Merchant.

Virtual Card:means a VISA Card or any other virtual debit / credit card issued via CP BANK Mobile.

“We”,“our”or“us”mean the Cambodia Post Bank Plc. and any Bank Member who provides services to you under these Mobile Banking Services Terms and Conditions, and their respective successors, assigns and transferees;

‘You’, ‘your’, ‘yours’mean a Person(s) who signs up for the Account Opening, Account and Mobile Banking Services, and such Person’s successors and permitted assigns;

1.2 References to “Regulation”: : In these Account and Mobile Banking Services Terms and Conditions, a “regulation” includes any regulation, rule, official directive, request, code of practice or guideline (whether or not having the force of law) of any governmental, inter-governmental or supranational body, agency, department or regulatory, self-regulatory or other authority or organization and “regulatory” shall be interpreted accordingly.

1.3 Time Periods: : If any period of time specified in these Account and Mobile Banking Services Terms and Conditions for a given act or event ends on a non-business day, then that time is deemed to only end on the next business day. A “business day” means any day on which the Bank is open for business in the relevant Jurisdiction.

1.4Additional and Supplementary Terms and Conditions: . For the avoidance of doubt, the additional terms and conditions set out in Part B of these Account and Mobile Banking Services Terms and Conditions and any supplementary terms and conditions, including the supplementary terms and conditions set out in Part C of these Account and Mobile Banking Services Terms and Conditions, constitute part of these EB Services Terms and Conditions. We may from time to time add to, remove or change such additional or supplementary terms and conditions.

1.5Indemnities.A reference in these Account and MB Services Terms and Conditions to you indemnifying us in respect of an event or circumstance shall include indemnifying and keeping us and each Bank Member harmless, on an after tax basis, from all actions, claims and proceedings from time to time made against us and each Bank Member and all losses, damages, liabilities, payments, costs or expenses suffered, made or incurred by us and each Bank Member as a consequence of or in connection with that event or circumstance.

1.6 Binding Nature.

These Account and MB Services Terms and Conditions apply to the Bank accounts and MB Services provided to you and are binding on you

2. Preface

The terms and conditions shall act as the main governing guidelines for the use of CP BANK’s Account services and mobile banking application named as “CP BANK Merchant”. As a customer and user of CP BANK Merchant, we feel the importance of reading this terms and conditions and request you to read the Specific Terms and Conditions carefully. We understand that by signing this and/or registering for, pressing “Accept”, you confirm that you have read, understood, acknowledged, accepted, and given your express consent to the Specific Terms and Conditions and you agree to be bound by the Specific Terms and Conditions.

Every customer shall fulfill the terms and conditions of account services, mobile banking services and ATM/Debit Card in compliance with the Bank’s policy​​ and procedure and applicable laws and regulations of Cambodia including the required documents.

By applying for the account services and mobile banking services and ATM/Debit Card, the customer acknowledges and accepts this Terms and Conditions and acknowledges that he/she/they are require to follow them at all times.

Please also note that any other written terms and conditions which relate to your CP BANK accounts and services will continue to apply. To the extent such other terms and conditions are inconsistent with the Specific Terms and Conditions, the Specific Terms and Conditions shall prevail (unless such other terms and conditions are expressed to apply instead to the Specific Terms and Conditions).

3. Service Description

3.1 Account Opening

Customer shall ensure that all provided information​ and documents (filled in account opening application form) are accurate and true​ and those are in compliance with the policy and laws and regulations of Cambodia.

Customer must promptly notify in writing for any changes in account information that not limited to address, contact number, email address that Bank use to communicate. Customer must also send the Bank any documents that needs to support those changes.

Customer shall be fully liable for any damage, cost and loss resulting from those changes.

3.2 Account Closure

Account closure can be done at any time both by customer and the Bank. Customer must provide formal request to effect any account closure in compliance with the Bank’s policy. During account closing, customer must pay us promptly all amounts customer(s) owe us, including overdrawn amounts (if any), interest, costs, expenses, commission and any other charges customer owe on the account. Any credit balance in the account will be paid (after deducting any amount customer owe the Bank) by cashier’s order or a banker’s draft and send to the address we have for the customer in Bank’s records; or transfer to the account as requested by the customer or in any other alternate method the Bank decide.

Bank will not pay any interest on unclaimed balances of any closed accounts.

Any Premature withdrawal of any agreed term deposits will be subject to zero interest.

Saving Passbook, Certificate of Fixed deposit, cheque Book(s), ATM/Debit Card and​​ / or Credit Card must be returned; otherwise, customer shall be fully liable for any cost or loss incurred.

The Bank reserves the right to close any customer’s account with​ a nil balance for the period of 6 months and dormant accounts with no financial transaction (even with any balance) for more than 12 months without any prior notice.

Bank reserves the right to close the account or terminate any agreement if it is found that the account holder does not follow the Bank policy, procedure or laws of the Cambodia without any prior notice.

Bank reserves its right to freeze or block account(s) or cheque(s) of customer in case there have a request from competent authorities as required by laws and regulations of Cambodia.

3.3 Term Deposit Account Roll Over

Customer may request the Bank to renew or non-renew the fixed deposit account by providing a notice at least 15 working days prior to the maturity date to the Bank​ and that renewal/non-renewal shall be in compliance with the Bank’s procedure and policy.

Bank will automatically renew the term deposit with Rollover option “Yes” with the terms and conditions and interest applicable during the time of any such renewal.

Any Auto rollover will automatically change the interest rate to the default prevailing interest rate of that time of roll over unless it is specifically agreed at the time of rolling over.

3.4 Interest Payment

The interest payment shall be made and calculated in accordance with the Bank’s policy. Bank reserves the right to change any such interest without any prior notice to the customer. The interest earned is subject to withholding tax determined by the General Department of Taxation. The amount of withholding tax is automatically deducted from the accountholder at the time of crediting the interest earned.

3.5 Fees and Charges

The account holder (s) agree to pay all service fees and charges in compliance with the Bank’s policy. The service fees and/or other services fee will be automatically charged/debited from customer’s account directly. The Bank reserves the right to change any such service fees & charges from time to time without any prior notice.

3.6 Special Conditions

The account holder(s) must immediately notify Bank in writing in case of any loss or damage of Certificate of Fixed Deposit, Savings Passbook and/or Bank cheque Book, ATM/Debit Card of the account holder(s).

The Bank shall not be liable for any transaction(s) in the account or cheque(s) resulting from such damage and loss prior to any written notification to the Bank in this regard.

Every request of new certificate of Fixed Deposit or Savings Passbook, cheque Book, ATM/Debit card and process to make any stop payment of any cheque shall be subject to the fees and charges as determined by the Bank time to time.

Right of Set-off– Upon default of the Customer in the payment of any purchases and/or related interest charges, penalties or fees, any money, deposit or other property of any kind whatsoever of the customer in the custody of the Bank, in transit or in its possession, may without notice, be applied at its sole discretion, to the full or partial payment of the customer’s and/or Co-Borrower / or Supplementary Cardholder/s or Guarantor credit obligations. The Customer irrevocably constitute/s and appoint/s the Bank as attorney-in-fact with full power and authority for the Customer’s name and behalf but without the necessity of prior notice, apply monies, deposits or other property of any kind whatsoever, to the payment of the indebtedness of the Customer.

3.7 CP BANK Merchant Banking

This allows you to access your Account and some of our banking services made available in CP BANK Merchant from time to time in a format that is easier to view and to take effective of transaction on your smartphone. For more detailed information about CP BANK Merchant, please refer to the FAQs available on our websitehttps://www.cambodiapostbank.com/banks/other-services.

Key features of CP BANK Merchant include:

a. View all your transaction details;

b. Generate Static and Dynami QR;

c. Void/Refund

d. Dashboard

e. User Management

f. Push Noitification

Customer(s) agree that the Bank has full accessibility and authority to customer’s information and account(s) for enabling banking and/or other transaction(s) services of the customer through the Mobile Banking services.

Customer agrees that Bank may delay, block or refuse to process any transaction(s) without incurring any liability if the Bank suspects that: (i) the transaction(s) may breach any law in Cambodia or any other country (ii) the transaction(s) may directly or indirectly involve the proceed of or applied for the purpose of unlawful conduct.

The Mobile Banking Service, scope, feature and functionality may be varied, added to, altered, suspended or removed any part of or all of the Mobile Banking service by the Bank from time to time.

The customer agrees that the Bank shall be entitled at any time, at the Bank’s sole discretion and without any prior notice to suspend the operation of the Mobile Banking service for updating, maintenance, and upgrading purpose or any other purpose whatsoever the Bank deems fit, and such event the bank shall not be liable for any loss, liability or damage which may be incurred as result by customer or any third party.

3.7.1 User Eligibility Criteria:

To use CP BANK Merchant Banking service, you must

3.7.2 Fees, Charges and Taxes:

3.7.3 Limitations of Services:

3.7.4 Security:

3.7.4.1 General Precautions: You will take all commercially reasonable precautions to preserve the integrity and confidentiality of information relating to you and your mobile banking Account(s) (where applicable) provided to you pursuant to these Marchant Services Terms and Conditions.

3.7.4.2 Security Credentials

3.7.4.3 Biometric Authentication (including but not limited to fingerprint and face)

3.7.5 Assignment and Transfer

3.7.6 Suspension or Termination of CP BANK Merchant

3.7.7 Additional Specific Terms and Conditions

3.10 CP BANK Pay (QR)

You agree to have your Account listed and displayed when you scan a QR code with CP BANK Merchant installed on your device. With certain validation, certain ineligible Accounts are not displayed for choosing.

4. Users Acknowledgement

4.1 Payment/ Purchase

4.2 Refunds

4.3 Exchange Rate

4.4 Notifications

5. Obligations, Liability and Indemnity

6. Disputes and Resolutions

7. Disclosure of Account Information and Personal Data

8. Intellectual property rights & confidentiality

9. Amendments

CP BANK has privileges to revise this Terms and Conditions at any time without any prior notice to customer. However, CP BANK will always give you a reasonable notice period required by applicable law and communicate these changes, either by direct communication, by display in CP BANK's branches, by notice in the media (including public notices), by notice on CP BANK’s website or any other method of electronic communication used by you.