1. Introduction:

    1. These terms and conditions (“Specific Terms and Conditions”) govern the use of MOHANOKOR’s mobile banking application namely “MOHANOKOR Mobile”. As a user of MOHANOKOR Mobile, it is very important for you to read the Specific Terms and Conditions carefully. By registering for and using MOHANOKOR Mobile you agree to be bound by the Specific Terms and Conditions.

      By pressing “Accept” you confirm that you have read, understood, acknowledged, accepted, and given your express consent to the Specific Terms and Conditions.

      Please also note that any other written terms and conditions which relate to your MOHANOKOR 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).

  2. 1. Service Description:

    1. 1.1. MOHANOKOR Mobile uses telecommunication networks of participating mobile telephone network operators ("Mobile Operator(s)”). MOHANOKOR Mobile allows you to access your Account and some of our banking services made available in MOHANOKOR Mobile from time to time in a format that is easier to view and to take effective of transaction on your smartphone.

    2. 1.2. For more detailed information about MOHANOKOR Mobile, please refer to the FAQs available on our website.

    3. 1.3. Key features of MOHANOKOR Mobile include:

      1. a. View your account balances.
      2. b. View all your transactions details.
      3. c. Make Transfer to within MOHANOKOR account, to other local banks and Wallet via Bakong
      4. d. Top Up with Pinless
      5. e. New accounts
      6. f. Bill payments
      7. g. Bakong Wallet
      8. h. Cards
      9. i. Send money to ATM with i-Cash service.
      10. For more details about MOHANOKOR Mobile features and services, please see Mobile App Features.

  3. 2. User Eligibility

    1. 2.1. You are an MOHANOKOR account holder.

    2. 2.2. You have an eligible smartphone/device.

    3. 2.3. You have a valid and active mobile phone number.

    4. 2.4. You have installed MOHANOKOR Mobile on your device using a valid phone number registered with MOHANOKOR saving account.

    5. 2.5. You acknowledge that MOHANOKOR reserves the rights to reject your request for MOHANOKOR Mobile activation without assigning any reason during the activation process.

  4. 3. Fees and Charges

    1. 3.1. MOHANOKOR Mobile is free to use. However, fees and charges may apply when you make certain transactions or use specific products or services available in MOHANOKOR Mobile in accordance with the Specific Terms and Conditions. You authorize MOHANOKOR to debit from your account these fees and other applicable charges as described in the respective Specific Terms and Conditions. MOHANOKOR may introduce additional fees and charges for your use of MOHANOKOR Mobile from time to time, and fees and other charges may also be changed by MOHANOKOR from time to time. Details of MOHANOKOR’s current fees and charges are available at any branch. Before making any transaction, you agree to check the current fees and charges, and you agree to accept these fees and charges by making a transaction.

    2. 3.2. You may incur charges from your mobile service provider for downloading, updating, and using MOHANOKOR Mobile. Any such charges are your sole responsibility and any matters regarding these charges should be raised with your Mobile Operator. You should contact your Mobile Operator for more information on their fees and charges.

  5. 4. Limitation of Services

  6. 4.1. Transaction Limits

    1. 4.1.1. As part of constant risk mitigation measures, MOHANOKOR reserves the right to set and change limitations on the transaction amount, condition, as well as transfer destinations and other matters at any time without giving prior notice. For more details on transaction limits, please see our policies and mobile features.

  7. 4.2. Access Limits

    1. 4.2.1. In order to prevent any possible risks, you will not be allowed to use MOHANOKOR Mobile in order to out of the following condition from National Bank of Cambodia's Prakas and telecom specification:

      1. a. You attempt to record or attempt to take a screenshot while MOHANOKOR Mobile is running on the device.
      2. b. Your device was produced for a specific country with a special OS configuration that does not comply with international standards.

  8. 4.3. Connectivity

    1. 4.3.1. MOHANOKOR shall not be liable to a Customer for any incompleteness, unavailability, failure, interruption, suspension or delay in MOHANOKOR Mobile (including the transmission of any alerts or Notifications or in receipt or execution of any Instructions) due to any factors not under MOHANOKOR's reasonable control. Please refer to clause 9 for more information on the limits of MOHANOKOR's liability.

  9. 4.4. System Maintenance

    1. 4.4.1. MOHANOKOR may add or disable any features or suspend the operation of MOHANOKOR Mobile or any its services at any time:

      1. a. If, in MOHANOKOR's opinion, any threat is posed to any MOHANOKOR Mobile related system or part of any system; or
      2. b. For the purposes of carrying out periodic maintenance and administration tasks.

    2. 4.4.2. MOHANOKOR Mobile is a constantly evolving application that will have frequent releases in order to bring new features and improvements, as well as updated operating systems. You must update and use only the most up-to-date version of the MOHANOKOR Mobile.

    3. 4.4.3. From time to time, MOHANOKOR may force its users to update MOHANOKOR Mobile to the latest version for security and compatibility reasons. You might not be able to continue using an old version of MOHANOKOR Mobile unless you update to the latest version.

  10. 5. Security

  11. 5.1. General Precautions

    1. 5.1.1. You will take responsibility for and use your best endeavors to prevent any unauthorized use of, and access to MOHANOKOR Mobile on your mobile and/or other device and to protect your Personal Information and Security Credentials at all times. For example, you must:

      1. a. Not let any other person use your Security Credentials to access your account(s) or MOHANOKOR Mobile on your mobile device.
      2. b. Not let any other person unlock your mobile device or store their Biometric Identifier on MOHANOKOR Mobile; and/or
      3. c. Not leave your mobile device unattended while you remain logged in to your account(s) or MOHANOKOR Mobile.
      4. d. Ensure that your Security Credentials to access MOHANOKOR Mobile remain confidential to you alone and that you take all reasonable steps to prevent them from being disclosed. For example, you must: memorize your Security Credentials; not write down or save your Security Credentials anywhere in any form, including electronically, for example, in your mobile phone or device;
      5. e. Not disclose your Security Credentials to anyone (including the police, MOHANOKOR staff or your loved ones); and/or
      6. f. Take care to ensure that no-one else can see you enter your Security Credentials.

    2. 5.1.2. You must lock your mobile device or take other steps necessary to stop unauthorized use of MOHANOKOR Mobile.

    3. 5.1.3. You must notify MOHANOKOR immediately by calling 1800 20 6666 / 023 8888 79 upon being aware that:

      1. a. Your mobile device is lost or stolen;
      2. b. Your PIN code has become known or may be known by another person;
      3. c. Another person may be able to unlock your mobile device and/or store their fingerprint(s) and other Biometric Identifiers on your mobile device if you have fingerprint identification enabled on MOHANOKOR Mobile; or
      4. d. There has been unauthorized access to your account(s) accessible via MOHANOKOR Mobile.
      5. e. You notice that MOHANOKOR Mobile is requesting you to re-activate the application (which may indicate that MOHANOKOR Mobile is being activated with your Security Credentials on another device).

    4. 5.1.4. You must install only approved applications on your mobile device and you will not override the software lockdown on your mobile device.

    5. 5.1.5. You must promptly update, and keep updated, the operating system and security software for your mobile device when released by your mobile device manufacturer or mobile device operating system provider.

    6. 5.1.6. You must not allow any other person to store their Biometric Identifier on your mobile device.

    7. 5.1.7. Before you sell or permanently give your mobile device to any person, you must delete the MOHANOKOR Mobile and all your Biometric Identifiers (e.g., Touch ID or Face ID) registered in the device.

  12. 5.2. Security Credentials

    1. 5.2.1. MOHANOKOR Mobile and its services require the use of Security Credentials that consist of Username and 4-digit PIN code and secret word with between 8 to 15 digits by requirement of capital letter, small letter, signal and numbers.

    2. 5.2.2. During the first activation of MOHANOKOR Mobile, you must set up a secure and memorable Username and secret 4-digit PIN code that will be used to log on to MOHANOKOR Mobile.

    3. 5.2.3. Your secret 4-digit PIN must not be unsuitable by including any:

      1. a. Birth dates, months, or years.
      2. b. Sequential numbers (e.g., 3456).
      3. c. Number combinations that may be easily guessed (e.g.,1111and 1112).
      4. d. Other easily accessible personal data (e.g., driver’s license number, locker number or other numbers easily connected with you).
    4. 5.2.4. In addition, you should consider using different codes to unlock your mobile device of MOHANOKOR services or equipment. We recommend you change your secure PIN on a regular basis.

    5. 5.2.5. Requirements to joint-account holders:

      1. a. Joint account holders of MOHANOKOR using MOHANOKOR Mobile are not permitted to share an MOHANOKOR Mobile PIN. If each joint account holder wishes to use MOHANOKOR Mobile, each of you must have their own CIF (Client Information) number and register separately for MOHANOKOR Mobile.
      2. b. Joint-account holders can use their own profiles with joint-account details to activate MOHANOKOR Mobile. The access rights on the joint-account will follow the joint-account mandate.
      3. c. During registration, each joint account holder will be required to enter their unique CIF number respectively.

  13. 5.3. Biometric Authentication

    1. 5.3.1. You as a user with an eligible mobile device may choose to enable biometric authentication to log on to MOHANOKOR Mobile using a Biometric Identifier registered on your mobile device. MOHANOKOR Mobile does not collect or store this Biometric Identifier, and it is stored on your mobile device.

    2. 5.3.2. If you enable or use a Biometric Identifier to access MOHANOKOR Mobile, you must ensure that your Biometric Identifier is the only Biometric Identifier stored on the mobile device you use to access MOHANOKOR Mobile. However, if another person has stored their Biometric Identifiers on the mobile device you used to access MOHANOKOR Mobile, it is in breach of the Specific Terms and Conditions, and you acknowledge that they will be able to access your Accounts including to view and conduct certain transactions on MOHANOKOR Mobile and these transactions will be treated as having been authorized by you and conducted with your knowledge and consent.

  14. 6. Users Acknowledgement

  15. 6.1. Transfers

    1. 6.1.1. When initiating any fund transfers, you will be required to provide certain information of the recipient, which will vary depending on the type of transfer.

    2. 6.1.2. When making a transfer to a recipient with an MOHANOKOR Account or PSP's wallet, MOHANOKOR Mobile will display the name of the recipient for the sole purpose of assisting you in identifying the recipient of the transfer only, and you agree not to share or disclose the recipient's name to any third-parties. In the event that you share or disclose the receipt's name to any third parties, you agree that you will be liable for any damage or loss suffered by us (including consequential loss and regulatory fines) which results from your sharing or disclosure of the recipient's name and Account number to any third party in accordance with clause 8.3.

    3. 6.1.3. You provide your express consent that MOHANOKOR can disclose your name to any person attempting to initiate a fund transfer to you from their MOHANOKOR Account or PSP's wallets to your MOHANOKOR Account at that point in time that they input your Account number, even when the transfer may not be completed.

  16. 6.2. Payment/ Purchase

    1. 6.2.1. For any payment / purchase transaction made via MOHANOKOR Mobile, you agree that we can disclose your name and payment details you made to Vendor or merchant through Bakong Transaction in order to notify and assist them in identifying the transaction.

    2. 6.2.2. We may cancel or suspend a payment at any time without notice to the recipient. Under certain circumstances, MOHANOKOR might not be able to cancel a payment or purchase immediately as requested by payer. As required by applicable law or under legal arrangements, you will be informed through different means (including Notification) of payment failure or cancellation in different stage of reconciliation. You are obliged to review and acknowledge such cancellation.

  17. 6.3. MOHANOKOR Pay/Transfer

    1. 6.3.1. You agree to have your Account listed and displayed when you scan a QR code with MOHANOKOR Mobile installed on your device within MOHANOKOR account and Bakong Operation. With certain validation, certain ineligible Accounts are not displayed for choosing.

  18. 6.4. Exchange Rate

    1. 6.4.1. You agree that the exchange rate and calculation presented in MOHANOKOR Mobile is for general reference only, and you understand that the exchange rate in MOHANOKOR Mobile may not be presented in real-time, and the exchange rate applied to you in your actual transaction may be different than exchange rate presented in MOHANOKOR Mobile.

  19. 6.5. Notifications

    1. 6.5.1. Application Notification (APN)

      1. a. You agree that, by registering for MOHANOKOR Mobile, MOHANOKOR may send or be requested to send an APN to your mobile device.
      2. b. MOHANOKOR is not liable for any loss or damage you suffer as a result of any person other than you accessing those APN and their content as a result of your negligence.
      3. c. You may incur charges from your Mobile Operator as a result of using MOHANOKOR Mobile or APN. Any such charges are solely your responsibility.

    2. 6.5.2. In-App Push Notification

      1. a. You agree to receive alerts or Notification for your MOHANOKOR Account for certain Transaction or for marketing communications or announcements from MOHANOKOR.

  20. 7. Your Obligation

    1. 7.1. You must not use MOHANOKOR Mobile for any purpose other than to undertake legitimate banking enquiries or Transaction on accounts you are legally entitled to operate in accordance with the Specific Terms and Conditions and the terms and conditions applicable to you.

    2. 7.2. You must not use MOHANOKOR Mobile for prohibited business activities.

    3. 7.3. You must not act fraudulently or maliciously in relation to MOHANOKOR Mobile or software. As examples, you must not copy, modify, adversely affect, reverse engineer, hack into or insert malicious code into MOHANOKOR Mobile or software.

    4. 7.4. If you use photos to personalize your accounts that can be accessed using MOHANOKOR Mobile, you warrant that:

      1. a. The photos used by you do not contain content which is offensive or illegal, or would be considered unacceptable for viewing by a person under 18 years old; and
      2. b. You took the photo (or are the owner of the copyright in the photo).

    5. 7.5. You acknowledge that you are responsible for and must take all reasonable care to ensure that information you supply via MOHANOKOR Mobile is true, complete, accurate and up-to-date.

  21. 8. Liability and Indemnity

  22. 8.1. MOHANOKOR Liability

    1. 8.1.1. MOHANOKOR will not be liable for any loss arising from your use of MOHANOKOR Mobile, including loss arising from any security breach, if you have acted fraudulently (either alone or together with any other person), if you have installed applications on your mobile device other than those available from the Apple App Store or Play Store market, or if you have caused or contributed to that loss, for example, by failing to comply with any of the Specific Terms and Conditions or other applicable terms and conditions. It is your choice to download and install MOHANOKOR Mobile. To the extent permitted by law, MOHANOKOR accepts no liability for any loss or consequences to you whatsoever that result from this decision, including in the event MOHANOKOR refuses or fails to process a transaction request or delays in doing so.

  23. 8.2. Limitation of MOHANOKOR Liability

    1. 8.2.1. To the extent permitted by law, we will not be liable to you for any direct or indirect costs, losses, damages or other liabilities resulting from:

      1. a. Your use of any service provided through MOHANOKOR Mobile;
      2. b. Your failure to comply with the Specific Terms and Conditions;
      3. c. Any delay or loss of access to, or use of any Mobile Operators at any time;
      4. d. Any fault or error in the design, content or engineering of any Mobile Operators that is reasonably beyond our control.
      5. e. Malfunction of any equipment or system, or any telecommunications link failure; or
      6. f. Any cause or event reasonably beyond our control.

    2. 8.2.2. MOHANOKOR has no authority to act for or to incur any obligation on behalf of any Mobile Operator;

    3. 8.2.3. MOHANOKOR is at no time acting as an agent or partner of any Mobile Operator in providing any mobile service and no representation is made or given by MOHANOKOR that any such relationship exists.

  24. 8.3. Your Liability

    1. 8.3.1. You acknowledge that any unauthorized reproduction by you of any proprietary information provided or available via MOHANOKOR Mobile or any portion of it may result in legal action being taken.

    2. 8.3.2. You will be liable for any loss suffered by us (including consequential loss) which results from your fraud or negligence, or your violation of the Specific Terms and Conditions. You will be liable for any loss suffered by us which results from the unauthorized access to or use of any service available in MOHANOKOR Mobile and to which you have contributed by your failure to comply with the Specific Terms and Conditions. This includes if you:

      1. a. Select an unsuitable PIN code;
      2. b. Fail to reasonably safeguard your PIN;
      3. c. Fail to disable biometric authentication on MOHANOKOR Mobile when you know or suspect another person can unlock your mobile device or has stored their Biometric Identifier(s) on your mobile device;
      4. d. Fail to verify the recipient information before completing any transfer or payment to which lead to either direct or indirect loss; or
      5. e. You unreasonably delay notifying us of: (i) the loss or theft of your mobile phone or device or Security Credentials; (ii) the actual or suspected disclosure to any other person of your PIN code; (iii) when you know or suspect that another person may be able to unlock your mobile device and/or store Biometric Identifier(s) on your mobile device and you have biometric authentication enabled on MOHANOKOR Mobile; or (iv) that there has been, or you suspect there has been unauthorized access or activity through MOHANOKOR Mobile.

  25. 8.4. Limitation of Your Liability

    1. 8.4.1. You will not be liable for any loss caused by:

      1. a. Us acting fraudulently or negligently; or
      2. b. A fault occurring in the machines or systems used as part of the MOHANOKOR Mobile system unless such fault is obvious, or you have been advised of such fault by a message or notice on display and the loss occurred after such notification.

  26. 9. Disputes with Merchants or Vendors:

    1. 9.1. MOHANOKOR has no liability for any purchases or payments made by Scan QR service or other payment options presented in MOHANOKOR Mobile if:

      1. a. There is any defect or deficiency in the provision of the goods or services; or
      2. b. You decide you no longer want the goods or services.

    2. 9.2. Any such dispute is to be resolved between you and the merchant or Vendor directly.

    3. 9.3. You are responsible for exercising reasonable care and be aware of the risks of paying for goods and services in advance of receiving them. You should consider the standing of the person or entity you are doing business with, including when purchasing goods or services that are not face-to-face.

    4. 9.4. Even if you have a dispute with a merchant or vendor, you must still pay all amounts due to us.

  27. 10. Suspension or Termination of MOHANOKOR Mobile

    1. 10.1. You may cancel MOHANOKOR Mobile usage at any time by notifying MOHANOKOR in writing or by phone. You will remain responsible for any transactions made on your account/s using MOHANOKOR Mobile up until the time at which such cancellation becomes effective.

    2. 10.2. MOHANOKOR may withdraw access at any time without giving prior notice, suspend and/ or terminate your access to MOHANOKOR Mobile or to any its services for any reason, including (but not limited to) where MOHANOKOR is of the opinion that you have acted in breach of the Specific Terms and Conditions.

    3. 10.3. In case you change mobile device and wish to continue using MOHANOKOR Mobile, you must download MOHANOKOR Mobile on your new mobile device and follow the registration process. You may uninstall MOHANOKOR Mobile from your existing device prior to, or during, the registration process for your new device.

  28. 11. Privacy Terms

    1. 11.1. In accordance with Cambodia's regulatory requirements and MOHANOKOR's internal policies, you provide your express consent and agree that:

      1. a. As part of satisfying MOHANOKOR's KYC (Know Your Customer) requirements, MOHANOKOR Mobile may collect Personal Information from you; you provide warrantee and assurance that Personal Information disposed by you through MOHANOKOR Mobile are true, complete, and up to date. Further, you acknowledge and agree that failure to provide up-to-date Personal Information required by MOHANOKOR Mobile will result in certain inconveniences and restrictions of access to MOHANOKOR Mobile's features.
      2. b. Personal Information collected as part of your identity can be held by MOHANOKOR for the purpose of enabling you to use the services provided by MOHANOKOR.
      3. c. MOHANOKOR can collect any information on your usage behavior for the purpose of security enhancements and user experience improvements.
      4. d. MOHANOKOR may require that location tracking be enabled on your mobile device so that some specific features in MOHANOKOR Mobile can work.

    2. 11.2. MOHANOKOR may also be required under certain legislation to disclose your Personal Information and confidential information relating to the operation of your Account, and you expressly consent to and agree to such disclosure.

    3. 11.3. You provide your express consent and agree that MOHANOKOR may share your Personal Information with third parties to comply with a legal obligation, when MOHANOKOR believes in good faith that an applicable law requires it, at the request of governmental authorities pursuant to applicable law, to verify or enforce our contractual rights or other applicable policies, to detect and protect against fraud, or any technical or security vulnerabilities, to respond to an emergency, and/or so that third parties, such as third party payment processors, can provide services necessary for MOHANOKOR to provide any services under the Specific Terms and Conditions. If there is any breach of your information by a third party, you agree to release MOHANOKOR from any liability and pursue any legal action against such third party.

  29. 12. Additional Specific Terms and Conditions

    1. 12.1. Other functions like deposit, create a card, MOHANOKOR PAY, and other services you access using MOHANOKOR Mobile, and each transaction made in account, remains subject to its specific terms and conditions governing those functions respectively

  30. 13. Intellectual Property

    1. 13.1. MOHANOKOR owns or has obtained a valid license to use all intellectual property used in connection with the provision of MOHANOKOR Mobile. Information provided to you as part of MOHANOKOR Mobile may only be used for personal use and reference only and may not be reproduced, distributed or transmitted to any person or incorporated into any other document without MOHANOKOR's prior written consent.

  31. 14. Amendments

    1. 14.1. MOHANOKOR may change the Specific Terms and Conditions at any time. If so, MOHANOKOR will always give you a reasonable notice period required by applicable law and communicate these changes, either by direct communication, by display in MOHANOKOR’s branches, by notice in the media (including public notices), by notice on MOHANOKOR's website or any other method of electronic communication used by you.

  32. 15. Dispute Resolution and Governing Law

    1. 15.1. Any dispute arising out of or in connection with the Specific Terms and Conditions, including any question regarding its existence, validity, performance or termination, shall be referred to and finally resolved by arbitration in the Kingdom of Cambodia in accordance with the Arbitration Rules of the National Commercial Arbitration Center (“NCAC Rules”) being in force at the time of commencement of arbitration and by reference in this clause the NCAC Rules are deemed to be incorporated as part of this contract. The Tribunal shall consist of one arbitrator. The language of the arbitration shall be English. The Specific Terms and Conditions are governed by the laws of Cambodia.