SHWE Eait
CUSTOMER TERMS & CONDITIONS
This Agreement contains the complete terms and conditions that apply to your participation in SHWE Eait agent banking services. These terms & conditions take effect on the date of publication. By participating in or continuing to use the SHWE Eait service you shall be deemed to be making an affirmative statement of your acceptance of these terms and conditions.
DEFINITIONS
The following terms when used in these terms and conditions or any document referred to herein shall have the following meaning:
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SHWE Eait means the Agent banking services offered by SHWE BANK offered to the Customers via its appointed agents.
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Account means an arrangement with the Bank that allows the User to keep the money at the Bank.
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The Bank means Shwe Rual and Urban Development Bank, SHWE Bank.
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Agent means a third-party operator who has an agreement with SHWE bank to perform certain bank related functions on behalf of SHWE Bank.
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KYC means any “Know Your Customer” identity registration requirements issued by the Central Bank of Myanmar to time and other regulatory authorities in Myanmar.
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User or Customer means users who are end-customers of SHWE BANK agent banking.
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Transaction means an action of performing financial or non-financial business activities using a mobile phone including, but not limited to cash in, cash out, transfer domestically/internationally, bill payments, merchant payments, balance inquiry, etc.
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Agreement means these terms and conditions as amended by SHWE Bank from time to time, together with the Customer registration form, as directed by the Central Bank of Myanmar.
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PIN or Personal Identity Number means a numerical password set by the Customer and used to authorize and authenticate Transactions.
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Service means the mobile financial services, and in particular the provision of payments and financial services through the use of mobile technology infrastructure including electronic terminals.
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Merchant means an establishment that accepts Mobile Money for the purchase of goods and services or the payment of bills, including online merchants.
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E-Money means ‘electronic money’ and is a value in Myanmar Kyat, held in the account of Mobile Money the Customers, Agents, Merchants and SHWE Bank.
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Verification Code means users open SHWE Eait application, click send verification code and then enter 6 digits code via SMS in your registered mobile number.
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Network Service Provider means the telecommunications and data services provider used by the Mobile SHWE Eait account Holder to communicate and transact with SHWE Bank.
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Fees mean all fees and charges for the use of the Service, as published by SHWE and included in the Schedule of Fees.
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Mobile Financial Services Account or MFS Account means a store of value provided by SHWE BANK for the purposes of conducting transactions related to the Service.
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Non-registered Services / Over-The-Counter (OTC) means services provided by SHWE BANK without requiring the Customer registration.
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SIM means Subscriber Identity Module, which is a microchip device used to authenticate a subscriber on the mobile network.
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SMS means short messaging service and is a communication protocol allowing the interchange of short text message between mobile telephone devices.
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POS/Agent or Point-of-Sale/Agent means a person or entity who enters into an agency agreement with SHWE Bank to provide the Service directly to the Customers on behalf of SHWE Eait.
DESCRIPTIONS OF SERVICES
SERVICE OVERVIEW
The purpose of SHWE Eait is to provide Agent Banking Services to the Customers via SHWE BANK designed Agents. SHWE Eait User will be able to perform financial services electronically via his/her mobile services and/or at SHWE BANK appointed Agents.
SCOPE OF SERVICE LEVEL
Under the scope of this Term & Condition, SHWE Eait offers the following products and services to the Customers.
ACCOUNT TYPES
SHWE Eait offers the following three types of accounts.
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Level 1 Customer Account: The Customer can self-register for SHWE Eait via his/her mobile phone
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Level 2 Customer Account: The Customer can do self-onboarding to this account type in accordance with SHWE Bank KYC policy.
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Level 3 Customer Accounts: The Customer can link the SHWE Eait account with SHWE Bank account in accordance with the guidelines stated in the Limits & Fees table in SHWE Eait application
TRANSACTION TYPES
SHWE Eait Customers will be able to perform the following services
- Cash in
- Cash out
- Transfer funds to/from SHWE Eait Accounts, SHWE BANK accounts and others
- Bill Payment
- Merchant Payment
- Mobile Top Up
OBLIGATIONS OF CUSTOMER AND SHWE BANK
OBLIGATIONS OF SHWE BANK
SHWE Eait Customers will be able to perform the following services
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SHWE Bank shall ensure that SHWE Eait service is available to the Customer at all time unless the service is interrupted due to technological difficulties beyond SHWE Bank’s control.
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SHWE Bank reserves the right to obtain such additional information as reasonably necessary to ensure that the Customer is not using SHWE Eait Services in violation of law, including, but not limited to, laws and regulations designed to prevent ‘money laundering’, counter terrorism financing or the transfer of funds to accounts that are blocked under regulations of the Central Bank of Myanmar and other regulators.
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SHWE Bank reserves the right to add, change, move services offered to the Customers at its own discretion.
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SHWE Bank shall set any fees, charges, transaction limits associated with SHWE Eait and will collect according to the prescribed rate. SHWE Bank reserves the full right to change/modify fees, charges, commission and transaction limit at its own discretion at any time.
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The Customer must not exceed the daily or monthly cumulative transaction limit set by SHWE Bank in accordance with the rules and regulations of CBM. SHWE Bank shall either prohibit any excess transactions or close the account for any transaction of all types that exceed the transaction limit.
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SHWE Bank reserves, at its own discretions, the right to decline SHWE Eait Services application of the Customer or cease providing the services to the Customer.
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SHWE Bank shall from time to time amend the terms and conditions related to the use of SHWE Eait. The Customer will be notified of changes only within a reasonable period of the changes to the Service or its terms and conditions of use.
OBLIGATIONS OF CUSTOMER
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The Customer acknowledges that all personal information contained in the Customer registration together with supporting identification documentations is true and correct.
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The Customer shall provide SHWE Bank with any updated personal information together with supporting documentations if the Customer’s personal information changes or if SHWE Bank requests to satisfy KYC requirements or other legal/regulatory requirements.
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“Any requests to change the mobile phone numbers or changing any information of SHWE Eait Account by the Customers themselves are not allowed. The Customers shall call the SHWE Eait Call Center and are to follow the instructions.”
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SHWE Bank identifies the Users by their unique mobile number and Transaction PIN. All transactions initiated with the mobile number and transactions will be attributed to the User. If a Transaction PIN/ number is received, and the mobile phone and the registered SHWE Eait Account are able to be accessed, it shall be deemed that the Customer himself or the authorized person is making the transaction. SHWE Bank shall not reverse any transaction once completed if such transaction is attributed by the User.
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“The Transaction PIN of the Customer shall be kept secret, and it is the sole responsibility of the Customer to prevent the act of unscrupulous person to ensure safety. Any consequences arising from disclosing of the Transaction PIN of the Customer or illegally using of it by someone is the sole responsibility of the Customer.”
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The Customer agrees not to give or make available transaction PIN to any other individuals, including anyone claiming to represent SHWE Bank. The Customer acknowledges that SHWE Bank will never ask the User for your Transaction PIN and that SHWE Bank employees do not need the User Transaction PIN.
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The Customer shall not assign, or transfer his rights and obligations to his/her SHWE Eait account without the express and prior approval from SHWE Bank.
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SHWE Bank has no responsibility to make remedies for loses or revoking arising out of money exchange with a certain person through SHWE Eait Account and other financial service applied by Customers.
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Before making transaction, the Customer shall thoroughly check the information of the receiver, and SHWE Bank has no responsibility for any loss or harm caused by transaction errors.
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The Customer shall notify SHWE Bank immediately in case the Customer’s mobile phone or SIM is stolen/lost in order for SHWE Bank to block the Customer’s SHWE Eait account so that the Service is suspended and unauthorized transactions are prevented.
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If the Customer has reasonable cause to believe that he/she has been a victim of fraudulent activities including unauthorized or suspicious use of his/her SHWE Eait account, the Customer shall immediately contact SHWE Eait Call center to report the incident.
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After making investigation by officials of SHWE Bank, the Customer shall cooperate in finding necessary information. SHWE Bank will inform the Customer on the progress of investigation through the respective department enabling the Customer to know the latest development.
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If the Customer is suspicious of getting involved in fraud case, he or she has to cooperate with the appropriate persons in the investigation of SHWE Bank. The Customer must be in a position to submit firm evidence that he or she is not getting involved in the fraud case. If not, the customer shall follow the sole discretion of SHWE Bank.
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The Customer agrees that he/she will provide/disclose necessary information to SHWE Bank to manage fraudulent cases, AML/CFT or to comply with any other laws in Myanmar, and SHWE Bank will disclose any information of the Customer to relevant authorities when required by law.
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The Customer agrees that the Customer gives SHWE Bank consent to collect, use, disclose and retain his/her personal information and other information. By using the Service, the Customer agrees to SHWE Eait Terms and Conditions.
DIRECT DEBIT AUTHORIZATION
The Customer hereby agrees and irrevocably authorizes SHWE Bank limited to debit the relevant amount, by means of payment service procedure, from the Customer’s bank account for any disputes arising out from the access and usage of SHWE Eait. Furthermore, if dispute case occurs and if there is no or not enough fund in the Customer’s account, the Customer agrees to credit the amount and other relevant amounts to their account.
LANGUAGE
This Agreement is made in English and Myanmar language only. No translation of this agreement into any other language except English and Myanmar shall be of any force or effect.
AMENDMENT
SHWE Bank, at its own discretions, maintains the right to amend any aspect of this term and conditions at any time without any prior notice.
LIMITATION OF LIABILITY
SHWE Bank will process and complete all Agent Banking transactions initiated which comply with this terms and conditions. However, SHWE Bank shall not be liable if SHWE Bank is unable to complete any transaction initiated by the User because of the existence of one or more of the following circumstances:
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The User account does not contain sufficient funds to complete the payment;
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The Agent Banking Service, the communication line, the mobile device, or modem was not functioning properly, and the User knew about the malfunction or was advised of it by SHWE Bank when the User started the transaction;
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The Customer did not properly initiate transaction or provide SHWE Bank with the correct names and account information for those Payees to which the Customer wishes to direct payment;
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Circumstances beyond SHWE Bank’s control (such as, but not limited to, fire, power outage, equipment or technical breakdown, flood, or other outside force) prevent the proper execution of the transaction;
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The User instructs SHWE Bank to make a type of payment, such as tax payment or court-ordered payment, which SHWE Bank cannot make;
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The funds are subject to legal process or other hold or encumbrance restricting such transfer.
SHWE Bank will not be liable to the other for any loss of profits, loss of data, loss of use, cost of cover, business interruption or other special and incidental, indirect punitive or consequential damages. However, caused, under theory of liability, arising from the performance or relating, to this agreement, unless the party causing loss did so willfully, negligently or without the due care and skilled required for someone in the position of that party.
TERMINATION
SHWE Bank may suspend or terminate the Service at any time, with or without cause and without affecting your outstanding obligations under this terms and conditions. SHWE Bank may immediately take this action if the user breaches this or any other agreement with SHWE Bank; SHWE Bank has reason to believe that there has been or may be unauthorized or illegal use of the User account or the Service; or there are conflicting claims to the funds in the User account.
SECURITY
SHWE Bank is committed to protecting the security and confidentiality of information about the Customer account and use of Agent Banking. SHWE Bank has taken reasonable and appropriate measures to ensure that any personal information is always secure in SHWE BANK Agent Banking system. However, SHWE Bank cannot guarantee that then on public personal information that may have previously been provided will not be intercepted by others and unencrypted or compromised. SHWE Bank will not be held liable for any security breach that occurs for reasons outside of its control.
SEVERABILITY
If any provision of this terms and conditions is adjudged illegal or inoperable for any reason, the rest of this terms and conditions will remain in full force and effect and only that portion of this Terms and Conditions that is specifically adjudged illegal or inoperable shall cease to govern the relationship between us and you.
JURISDICTION
Any respective courts shall have jurisdiction in respect of any dispute regarding the use of the SHWE Eait service or your SHWE EAIT account, including the interpretation and execution of these Terms and Conditions or any other document executed by you or us with respect to the SHWE Eait service.
FORCE MAJEURE
A party shall not be liable for any failure of or delay in the performance of this agreement for the period that such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes or labor disputes, embargoes, government orders, fire, flood, torrential rain, storm or other extreme weather conditions, riot, insurrection, civil commotion, sanctions, boycott, failure of electricity, equipment failure, or any other force majeure event. SHWE Bank performance of this Agreement will, to the extent that it is prevented, hindered or delayed by such circumstances, be suspended until such circumstances cease to exist. SHWE Bank will not be liable to SHWE Eiat Account Holder or any other party or be considered in breach of this Agreement for a failure to perform, or delay in performing, any such obligation set out in this Agreement while those circumstances continue.
DISCLAIMER
To the fullest extent permitted by law, the Bank makes no representations or warranties of any kind in respect of the Service, either express or implied, statutory or otherwise, including but not limited to implied warranties of merchantability or fitness for a particular purpose, and the Bank hereby disclaims any such representations, warranties and conditions of any kind. The Bank shall not be liable for any authorized transactions occurring through the use of the facility and the Customer hereby fully indemnifies and holds the Bank harmless against any action, suit, proceeding initiated against it or any loss, cost or damage incurred by it as a result thereof.
GOVERNING LAW
This Agreement is to be governed by, construed and enforced in accordance with the laws of Republic of the Union of Myanmar.
CONTACT INFORMATION
Call Center: +95 1470 6677
Website: www.shwebank.com
App Promotion
We don’t allow apps that directly or indirectly engage in, or benefit from promotion practices (such as ads) that are deceptive or harmful to users or the developer ecosystem. Promotion practices are deceptive or harmful if their behavior or content violate our Developer Program Policies.
Examples of common violations:
Using deceptive ads on websites, apps, or other properties, including notifications that are similar to system notifications and alerts.
Using sexually explicit ads to direct users to your app’s Google Play listing for download. Promotion or installation tactics that redirect users to Google Play or download apps without informed user action.
Unsolicited promotion via SMS services.
It is your responsibility to ensure that any ad networks, affiliates, or ads associated with your app comply with these policies.
Metadata
We don’t allow apps with misleading, improperly formatted, non-descriptive, irrelevant, excessive, or inappropriate metadata, including but not limited to the app’s description, developer name, title, icon, screenshots, and promotional images. Developers must provide a clear and well-written description of their app. We also don’t allow unattributed or anonymous user testimonials in the app’s description.
Your app title, icon, and developer name are particularly helpful for users to find and learn about your app. Don’t use emojis, emoticons, or repeated special characters in these metadata elements. Avoid ALL CAPS unless it is part of your brand name. Misleading symbols in app icons are not allowed, for example: new message dot indicator when there are no new messages and download/install symbols when the app is not related to downloading content. Your app title must be 30 characters or less.
In addition to the requirements noted here, specific Google Play Developer Policies may require you to provide additional metadata information.
User Ratings, Reviews, and Installs
Developers must not attempt to manipulate the placement of any apps on Google Play. This includes, but is not limited to, inflating product ratings, reviews, or install counts by illegitimate means, such as fraudulent or incentivized installs, reviews and ratings. Incentivized installs, reviews, and ratings include using text or images in your app title, icon, developer name that indicate price or other promotional information.
Developers must not add text or images that indicate store performance or ranking, or suggest relations to existing Google Play programs in the app title, icon, or developer name.