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Term of Access
PLEASE READ & UNDERSTAND THE FOLLOWING TERMS & CONDITIONS WHICH GOVERN YOUR ACCESS OF THE CIMB MOBILE APPLICATION SYSTEM (HEREINAFTER COLLECTIVELY REFERRED TO AS 'CIMB MOBILE') AND USE OF THE SERVICES AS PROVIDED THEREIN (HEREINAFTER ALSO REFERRED TO AS THE 'SERVICES HEREIN') BY ACCESSING THIS APPLICATION AND/OR USING THE SERVICES HEREIN, YOU AGREE TO BE BOUND BY THESE TERMS & CONDITIONS. IF AT ANY TIME YOU DO NOT ACCEPT ANY OR ALL OF THESE TERMS & CONDITIONS, YOU MUST IMMEDIATELY DISCONTINUE ALL ACCESS OF CIMB MOBILE AND/OR USE OF THE SERVICES HEREIN.
This Application and the Services herein are operated, administered, maintained and developed by CIMB Bank PLC (the "Bank") and its third party vendors. Your access of CIMB Mobile and use of the Services herein are governed by this Terms of Access including any amendments made thereto and any other additional operating policies which the Bank, at our sole discretion, may impose from time to time ("Terms of Access").
Further thereto, the Bank also reserves the sole right and discretion to make any amendments to this Terms of Access from time to time. The Bank shall notify you of such amendments by notice, among others, displayed on this Application or/and on cimbbank.com.kh website at least thirty (30) days before the said amendments come into effect and after which, your continued access of this Application and/or use of the Services herein subsequent to any such amendments made shall constitute your agreement and binding acceptance of the same.
Notwithstanding anything contained herein, you agree and acknowledge that although this Terms of Access regulate your access of CIMB Mobile and use of the Services herein, the said Services shall also be subject to the applicable terms and conditions of any agreements which may govern the subscription and use of the same. As such, this Terms of Access shall be read in conjunction with the terms and conditions of those agreements as may be applicable. Should there be any conflict between this Terms of Access and the terms and conditions of those applicable agreements, the latter shall prevail.
Please direct any questions which you may have concerning this Terms of Access to our Call Center at the Bank.
You agree that your access of CIMB Mobile and use of the Services herein shall at all times be in accordance with all legislations, laws and regulations governing the same and you shall not, at any time whatsoever, attempt or assist any other person to transmit any materials, data, communication and/or information ("Content"), through CIMB Mobile or Services herein, which is abusive, defamatory, infringes another person's rights, constitutes a criminal offence or gives rise to civil liability, encourages racism, promotes hatred, contains pornography or pedophilia, contains any viruses or deleterious files and/or is otherwise objectionable to public morals and decency. You also agree not to hack or attempt to gain unauthorized access into CIMB Mobile and the Services herein, disrupt the security of its resources, provide information, which is inaccurate or false, and/or otherwise abuse and misuse CIMB Mobile and the Services herein. If at any time you discover or suspect the occurrence of any of these activities, you are required to notify the Bank immediately and in failing or delaying to do so, you may also be held liable for the same.
The Bank is not obliged to monitor or review your access of CIMB Mobile or use of the Services herein. However, the Bank may do so from time to time for our own purposes or where the Bank is compelled to do so under this Terms of Access. In doing so, the Bank reserves the right to edit or delete any Content which violates any of the provisions in this Terms of Access without notice and without any liability whatsoever to you for doing so.
Intellectual Property Rights
You hereby agree that the Content including any graphic, text, script, music, sound, photograph, image, art, video and other multimedia work or any combination thereof which is available on our CIMB Mobile and Services herein is at all times protected by copyright, trademarks, service marks, patents and any other applicable intellectual property or proprietary rights, all of which are at all times owned exclusively by the Bank or the relevant third party vendor, advertiser, affiliate or other third person, where applicable.
While you may download one (1) copy of the Content for your personal and non-commercial use (subject to you maintaining all relevant copyright and proprietary notices contained therein intact), you agree that the Content may not otherwise be reproduced, copied, transmitted, published, performed, broadcast, adapted, stored, distributed, disseminated, communicated, displayed, licensed, modified, edited, censored, altered, hyperlinked or used in whole or in part in any manner whatsoever without our prior express consent or that of the Bank, relevant third party vendor, advertiser, affiliate or other third person, where applicable, to the same.
All rights in CIMB Mobile, the Services herein and the Content which are not expressly granted to you under this Terms of Access or otherwise, are at all times expressly reserved by the Bank or the relevant third-party vendor, advertiser, affiliate or other third person, where applicable.
You agree and acknowledge that the Bank reserves the sole right and discretion to levy a charge for the same or any Service(s) which may be provided herein or any portion thereof at any time in the future, subject always to our giving you prior notice of the same.
Further thereto and notwithstanding the same, you also agree and acknowledge that there may be certain services provided herein, whether existing at present or made available in the future, which require you registering with the Bank in order to access and use the same. In such instances, you agree and acknowledge that the Bank reserves the sole right and discretion to levy a charge for your said registration and/or access to and use of the said services or any portion thereof. For these purposes, you shall be duly notified of the relevant charges, if any, upon registration and your completion of the registration process, access to or use of the said services thereto shall constitute your agreement and binding acceptance of the same.
It is our policy to respect the privacy of any information disclosed by you pursuant to your access of CIMB Mobile and use of the Services herein ("Confidential Information"). Accordingly, the Bank will neither edit nor disclose your Confidential Information unless the Bank are required to do so in accordance with any legislations, laws or regulations, to protect our rights and property, enforce any provision in this Terms of Access, to provide you with the Services herein, respond to any claim that the content violates the rights of another person or as otherwise provided herein.
Notwithstanding the above, the Bank may from time to time disclose your Confidential Information (only in aggregate or demographic form) to our third-party vendors, advertisers, affiliates or other relevant parties for their records. Further information on how the Bank safeguards your Confidential Information is provided for in our Privacy Notice.
All Content which is available on CIMB Mobile and the Services herein are provided on an "as is" and "as available" basis and are strictly meant for your reference and information only, and shall not, at any time whatsoever, be assumed or deemed to be intended for any business or commercial purposes or to constitute an offer or solicitation and/or the giving of advice in respect of investment, financial or banking services by the Bank. You are therefore advised to obtain independent professional advice at all times and verification of the said content before making any decisions based on the same.
While the Bank shall use our best efforts to ensure that the Content herein or any portion thereof are, as far as possible, accurate, complete, current and true, you acknowledge and agree that certain contents transmitted or made available through the CIMB Mobile may be provided by third parties, therefore, the Bank does not warrant the same and further, we expressly disclaim all liability for any errors, omissions or inadequacies in the Content herein or any portion thereof. Further, the Bank does not give any kind of warranty, whether express, implied or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement or freedom from viruses. The Bank also does not warrant that CIMB Mobile, the Services herein and the Content will meet your requirements, be uninterrupted, timely or secure.
You are solely responsible for making your own assessment when accessing and using CIMB Mobile, the Services herein and the Content and you agree that your access and use thereof shall be at all times at your sole risk.
Notwithstanding the generality of this Terms of Access, the Bank shall not, at any time whatsoever, be liable to you or any other person for any damage or loss suffered (including all direct, indirect, special or consequential damages, economic loss, loss of profits or loss of opportunity) arising from any interruption or unavailability of CIMB Mobile, the Services herein and/or the Content and/or your access to and use of the same for whatever reason other than a failure in the system where such failure is due to our direct actions, gross negligence or omission or fraud, or such failure is caused by the case where the Bank is in breach of any applicable laws or where the Bank has been duly informed of its possibility; or from any delay or error in any transmission or communication pertaining to your access and use of CIMB Mobile, the Services herein and the Content.
You hereby agree to fully indemnify, defend and hold us, our officers, directors, employees, agents and servants harmless against all damages, losses, expenses and costs (including legal costs and disbursements) which the Bank may have suffered or incurred, whether directly or indirectly, in connection with or as a result of your breach of any of the provisions under this Terms of Access.
In the event that the Bank fails or neglects to enforce any provision or remedy under this Terms of Access for whatever reason, the Bank shall neither be construed as having waived our rights to enforce the same nor as having waived our rights to any continuing, succeeding or subsequent breach of the same or any other provision in this Terms of Access.
The Bank reserves the right and sole discretion to modify (including limit, replace or delete) CIMB Mobile, the Services herein and the Content or any portion thereof as well as to terminate or restrict your access and/or use of the same at any time. Pursuant thereto, where Bank believes that such modifications are substantial or materially affect your access and use of the same, the Bank shall notify you of such modifications by notice, among others, displayed on CIMB Mobile or/and on cimbbank.com.kh website at least thirty (30) days before the said modifications come into effect, except where circumstances beyond our control limit our ability and efforts to do so.
Governing Law & Jurisdiction
Notwithstanding from where you gain or attempt to gain access to CIMB Mobile and/or the Services herein, you agree that this Terms of Access, your performance and conduct under it, your access to CIMB Mobile and use of the Services herein and/or Content and any disputes arising thereunder shall, at all times, be governed by and construed in accordance with the laws of Cambodia. Further, you agree to submit and be bound by the exclusive jurisdiction of the Courts of Cambodia.
The performance of our obligations under this Terms of Access are subject always to existing legislation, laws and regulations governing the same and nothing contained in this Terms of Access is in derogation of our rights to comply with and conform to any governmental requests or legal requirements relating to the access of CIMB Mobile and use of the Services herein or in respect of the Content or any portion thereof which is provided to or acquired by us for your use.
A printed version of this Terms of Access and of any notice, message or communication given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Terms of Access, to the same extent maintained in its printed form.
CIMB Mobile Agreement
This CIMB Mobile Agreement (hereinafter referred to as "Agreement") sets out the terms and conditions governing your use of CIMB Mobile, which is a service provided by the Bank to its eligible customers, in order to enable them to access and use their accounts and other banking facilities, products and services as made available by the Bank.
Unless otherwise expressly stated herein, your use of CIMB Mobile is governed by the terms and conditions of this Agreement which are in addition to the prevailing terms and conditions applicable to any accounts, facilities, products and services you may subscribe to or have with the Bank, and any other facilities, products and services you may hereafter obtain from the Bank.
This Agreement is to be read in conjunction with the Bank’s Terms of Access and any instructional material or User Guide(s) provided by the Bank to you as well as any other terms, conditions and provisions which the Bank may prescribes from time to time. Should there be any conflict between this Agreement and any other agreement you may have with the Bank or any of its subsidiaries, affiliates and/or business partners, the terms and conditions of this Agreement shall prevail to the extent that it relates to your use of CIMB Mobile.
“Access Credentials” collectively refer to Account Number, Mobile Phone Number, ATM PIN, Mobile PIN, OTP, Registered Smartphone, and Face ID/Fingerprint scanning, used for the purpose of validating your access to CIMB Mobile and/or authorizing transactions.
“Account” means one or more of your savings, current, deposit, or any other account(s) as may be accessed through Mobile App as may be determined by the Bank from time to time or other account(s) that you open in the future.
“Agreement” means the terms and conditions of the CIMB Mobile Agreement herein, as may be varied from time to time.
“ATM PIN” means six (6) digit personal identification number associated with your existing CIMB ATM Card, which is to be keyed by you during the first-time registration process on CIMB Mobile in order to allow the Bank to identify you as part of the registration procedure.
“Bank” means CIMB Bank PLC and includes its subsidiaries and its successors in title and assigns and where applicable any of them.
“Banking Services” refers to the facilities, products and services as identified herein or as may be provided by the Bank.
“Business day” means a day in which the Bank is open for business in Cambodia.
“CIMB Mobile” means the Banking Services offered by the Bank, the services of which may be accessed by you via the mobile application.
“Instructions” means any request, application, authorization or instructions in whatever form given or transmitted through CIMB Mobile to the Bank by you or any other persons purporting to be you, whether authorized or unauthorized.
“Loss” means any and all losses, damages (financial and otherwise), injuries, embarrassments, costs, charges and/or expenses of whatsoever nature, including legal fees on a full indemnity basis.
“Mobile PIN” means the six (6) digit personal identification number selected and confirmed by you during the first-time registration process on CIMB Mobile. Mobile PIN is used for subsequent login into CIMB Mobile, to authorize financial transactions and to authorize changes to your account.
“Officer” means any director, officer, employee or servant of the Bank
“One-time Password” (OTP) is a security feature that has been implemented to provide second layer of protection for application enrolment. It is a unique, 6-digit code that needs to be entered during first-time enrolment.
“Payment” means the payment by you of any bills or any other payment demands received by you.
“Registered Smartphone” means your iOS or Android smartphone device that you have registered with CIMB during the first-time registration process. Only one Registered Smartphone is permitted per user. Changing to a new smartphone requires re-registration, and will automatically de-register the existing Registered Smartphone.
“Transfers” means the transfer of funds within your own Bank Account or a third-party Account maintained by the Bank or any other transfers as maybe made available by the Bank from time to time.
“You”, “your” or “yourself” means the Bank's customer in whose name one or more Account is held by the Bank and each person who uses or is authorized to use a PIN, password and a User ID or other means of access as may be established or approved by the Bank.
1. Application and Enrolment to CIMB Mobile
1.1. Subject to the terms and conditions herein, CIMB Mobile is made available for application and enrolment to customers completing eighteen (18) years of age, having one or more existing Accounts with the Bank.
1.2. Accounts which require two or more signatories to make transfers, withdrawals and other transactions will not be eligible for CIMB Mobile.
1.3. To enroll for CIMB Mobile, you would be required to have a phone number and an account with ATM facility with the Bank. You will access CIMB Mobile using your account number, phone number and ATM PIN. And when there is an error, you are required to come to any CIMB branch for a new registration.
1.4. Existing customers who do not have a CIMB Mobile can download and use their account number, phone number and ATM PIN to register.
1.5. Any application to enroll for CIMB Mobile and access thereto, will be subject at all times to the Bank's sole and absolute discretion and the Bank reserves the right to accept or reject an application, to deny your ability to access CIMB Mobile, to limit your access or transactions or to revoke your access to CIMB Mobile without being obliged to provide any reason of such rejection or to respond to any request for information from yourself.
2. Procedure for Enrolment and Access to CIMB Mobile
2.1. The first-time enrolment is the onboarding procedure performed by you after you first launch the CIMB Mobile, or after you completely sign out from the CIMB Mobile. This process allows the Bank to identify you as the Account holder and register your device as the Registered Smartphone. The process requires you to input existing Account number, Cambodian mobile phone number registered with the Bank, OTP sent to your mobile number, and existing ATM PIN.
2.2. To enroll for CIMB Mobile, you would be required to enter your account number and phone number, you will obtain a One-time Password (OTP) PIN from the Bank to key in. Then, you would be asked to key in your existing ATM PIN.
2.3. Upon successful validation of your account, you will be required to create and key in your Mobile PIN that will enable your continued access and use of CIMB Mobile. Your Mobile PIN must have six-digit long.
2.4. After completion of the steps in 2.2 and 2.3 above, your access to CIMB Mobile will, subject to Clause 1.5 above, be activated.
2.5. Subsequent to your successful enrolment to CIMB Mobile pursuant to Clause 2.3 above, you will be given the option to enable Face ID or Fingerprint scanning for quick and secure log in or key in your Mobile PIN.
2.6. You agree and acknowledge that the Bank has the right to invalidate your access without prior notice and without being obliged to provide any reason for such invalidation or to respond to any request for information from yourself. Further you agree and acknowledge that you shall not hold the Bank for any Loss, which you may suffer as a result of such invalidation.
3. Acceptance of Terms and Conditions
3.1. You acknowledge that the first time you apply to enroll for CIMB Mobile, you shall be deemed to have read, understood and agreed to be bound by the terms and conditions of this Agreement and you further acknowledge and accept all inherent risks associated in conducting any transactions over the Internet or such other electronic medium approved by the Bank.
3.2. You agree to abide by the terms and conditions of this Agreement in your access and use of the Bank's CIMB Mobile.
4. Responsibility for Your Account and Mobile PIN
4.1. You agree and acknowledge that you shall at all times keep your OTP, ATM PIN, Mobile PIN confidential and shall not share or disclose to any person whatsoever, including any officers of the Bank.
4.2. You shall, at all times, observe all security measures as may be prescribed by the Bank in relation to your Access Credentials and further, you shall take all reasonable precautions necessary to ensure that no other persons have or will be granted access to your Registered Smartphone, OTP, ATM PIN, Mobile PIN and such precautions may include, among others, immediately memorizing the ATM PIN, Mobile PIN and destroying any envelope or document on which it is stated (if any), not retaining the ATM PIN, Mobile PIN in any form and ensuring that others do not see your entering of the ATM PIN, Mobile PIN upon access to CIMB Mobile as well as ensuring you properly log off from CIMB Mobile upon completion of your use thereto.
4.3. You agree that you shall, at all times, be responsible for all access and/or use of CIMB Mobile made via your Access Credentials whether it was in fact made by you or by any other person(s) purporting to be you.
4.4. If you discover or have reasonable grounds to believe that your Access Credentials have been compromised in any way and/or you have received any statement, data or information which indicates that an unauthorized transaction has taken place or is otherwise not intended for you, you shall immediately notify the Bank or via telephone at its Call Center specified in Clause 12.1. For the avoidance of doubt, all telephone calls made to the Bank's Call Center shall be logged and/or recorded by the Bank.
4.5. Subject to Clause 4.7, until the Bank receives and logs such notification under Clause 4.4 above, you shall be liable for all such transactions, which are conducted through CIMB Mobile via your Access Credentials whether or not the same were conducted or authorized by you. For the avoidance of doubt, you shall be liable for all such transactions conducted through CIMB Mobile up to the point of time notification is made and logged pursuant to Clause 4.4 above, or otherwise, up to the point of time notification is supposed to be made, which for the avoidance of doubt, is immediately upon you discovering or having reasonable grounds to believe that your Access Credentials have been compromised in any way and/or you have received any statement, data or information which indicates that an unauthorized transaction has taken place or is otherwise not intended for you. Where such notification is delayed for any reason, you shall in addition to being liable for all transactions conducted up to the above referred point in time, be liable for the actual loss which occurred after the said point in time, until the actual notification made by you is received and logged by the Bank subject to Clause 4.8 below.
4.6. Upon the Bank's receipt of your notification made pursuant to Clause 4.4 above, you agree and acknowledge that the Bank may, at its sole right and discretion, suspend your access to CIMB Mobile until a new OTP, ATM PIN, Mobile PIN is issued or applied for, and/or another smartphone is successfully registered, and/or such reported/unreported discrepancies are resolved by the Bank.
4.7. Notwithstanding anything contained herein and for the avoidance of doubt, where the unauthorized use of your Access Credentials is due to your actions, fraud, disclosure, abuse or misuse, which are deliberate, you shall be liable for such use even if a notification is made pursuant to Clause 4.4 above.
4.8. Further and notwithstanding Clause 4.5 above, where you have contributed to a loss resulting from an unauthorized transaction by delaying notification under Clause 4.4 above, you shall, subject to Clause 4.7, be liable for the actual loss which occurred during the period of such delay, except for
4.8.1 that portion of the loss incurred on any one day which exceeds the daily transaction limit applicable to the relevant Account; or
4.8.2 that portion of the total loss incurred which exceeds the amount of funds standing in your Account.
4.9. In addition, you are responsible for security measures to prevent unauthorized access to your transactions and Accounts via the Service. You must follow any other security rules prescribed by us whether in the Application, under any other agreement with us, or otherwise notified to you by us in any way.
5. Instructions and Authorisations
5.1. You shall, at all times, be responsible for all Instructions transmitted to the Bank via your Access Credentials regardless of whether they were made by you or someone purporting to be you and you hereby agree and acknowledge that the Bank would be entitled to rely on and treat any Instructions made, submitted or effected pursuant to the use and entry of your Access Credentials as having been made, submitted and effected by you and accordingly, the Bank shall not be responsible or liable for any Losses which you may suffer, whether directly or indirectly, as a result of the same.
5.2. All Instructions transmitted to and/or received by the Bank through your Access Credentials shall be deemed as regular and genuine Instructions made by you. For the avoidance of doubt, the Bank is under no obligation to verify the said Instructions with you to determine its authenticity but the Bank may, at its sole right and discretion, do so for its own purposes.
5.3. Subject to Clause 5.6 below, all Instructions transmitted via your Access Credentials shall be irrevocable and binding on you upon transmission.
5.4. You hereby authorize the Bank to accept and act upon any Instructions made by you in respect of CIMB Mobile including but not limited to withdrawal(s), transfer(s) or to otherwise deal with your Account(s) without any further authority. Further, you agree and acknowledge that subject to the Bank having received notification from you pursuant to Clause 4.4 herein, the Bank will be deemed to have been duly authorized by you to accept and act upon Instructions to the Bank made via your Access Credentials whether or not such Instructions were in fact made by you or any other person(s) purporting to be you.
5.5. Subject to Clause 5.6 below, if you discover or have reason to believe that the Instructions transmitted to or received by the Bank is neither accurate nor complete, you shall inform the Bank immediately via telephone at its Call Center specified in Clause 12.112.1 herein. For the avoidance of doubt, all telephone calls made to the Bank's Call Center shall be logged and/recorded by the Bank.
5.6. The Bank shall not be obliged to act on any request to cancel, revoke, reverse or amend any Instructions for Payment or Transfer or any other Instructions after the Bank receives your Instruction. The Bank, however, may at its sole discretion, cancel, revoke, reverse or amend an earlier Instruction if such request for canceling, revoking reversing or amending is received and effective before the earlier Instruction is executed. The Bank may levy a charge upon the Customer for doing so.
5.7. The Bank reserves the right to refuse and or suspend any of your request to carry out any of your Instructions or transactions for any period of time and or request for further verification and or authentication from you before determining whether to carry out any of your Instructions or transactions (‘the Bank’s actions’) based on any reason whatsoever including but not limited to (i) where your Instructions or transactions are in violation of any laws or any terms and conditions herein (ii) where your Instructions or transactions are inconsistent with any of the Bank’s policies or rules and regulations
5.8. In the event that the Bank decides to act upon and/or carry out any Instructions or is otherwise under an obligation to act upon and/or carry out any Instructions, the Bank shall be allowed such amount of time to act upon and implement any Instructions as may be reasonable having regards to the systems and operations of the Bank and any other circumstances then prevailing and accordingly, the Bank shall not be responsible or liable for any Loss arising from any delay on the part of the Bank in acting upon and/or carrying out any such Instructions.
5.9. Where any Instruction is ambiguous and/or inconsistent with any other Instructions, the Bank shall be entitled to rely and act upon such Instruction in accordance with any reasonable interpretation thereof which any Officer believes in good faith to be the correct interpretation of the same or refuse to act until the Bank receives a fresh Instruction(s) in such form and manner as is required by the Bank.
5.10. Any Instructions received from one Account holder of a joint Account which can be operated by a single signing authority will be deemed to be genuine and regular Instructions pertaining to that joint Account and the Bank shall be entitled to act on, rely upon and execute such Instructions without any liability to the other Account holder(s) or to any other persons, in relation thereto.
5.11. Without prejudice to Clause 5.10, where prior to acting on Instructions from any of the Account holder(s) of a joint Account as referred to in Clause 5.10 above, the Bank receives contradictory or inconsistent Instructions from any other Account holder, the Bank shall be entitled (but not obliged) to thereafter only act on the mandate of all the Account holders in relation to the Account in question notwithstanding that any relevant existing Instructions specify otherwise.
5.12. All Instructions given and transactions effected or made by you on any day after the time stipulated by the Bank as the latest time by which such Instructions or transactions should be effected or made may, at the election of the Bank, be treated as Instructions or transactions given, effected or made on the next Business day immediately following that day.
6. CIMB Mobile Application
6.1. Subject to the terms and conditions of this Agreement and any other terms and conditions as may be relevant to a particular Banking Services, and subject to you having and maintaining the relevant Account(s) pertaining to any transactions made through CIMB Mobile, the Bank offers you with the following Banking Services (as applicable):
6.1.1. Account Information;
6.1.3. Payments; and
6.1.4. Any other new Banking Service(s) as maybe offered by the Bank or its subsidiaries, affiliates or other third parties from time to time. By using these new Banking Service(s) as they become available, you agree to be bound by this Agreement in relation to these new Banking Service(s) in so far as it is applicable.
6.2. Where new Banking Service(s) are introduced pursuant to Clause 6.1.4 above, you agree and acknowledge that by utilizing such new Banking Service(s) you shall be bound by the terms and conditions in force governing such new Banking Service(s).
6.3. For the avoidance of doubt and notwithstanding anything contained in this Agreement, you agree and acknowledge that the Bank reserves the sole right and discretion to limit, cancel or suspend any or all of the Banking Services herein in whole or in part at any time without giving any reason or explanation of the same and without incurring any liability whatsoever to you for doing so. Further thereto, the Bank may also add, withdraw or change the types of transactions that may be available or carried out through these Banking Services.
7. Account Information
7.1. You agree and acknowledge that any information pertaining to your Account(s) as reported through CIMB Mobile may not necessarily reflect or indicate transactions that are yet to be processed and updated and therefore, should not be taken as conclusive of your Account balance and transaction history with the Bank.
8. Transfers and Payments (Including Fund Transfer, Bill Payment)
8.1. You agree and acknowledge that Transfers and Payments are not final upon receipt of your Instructions.
8.2. The Bank may, at its sole right and discretion, requests for any additional verification and/or information prior to the execution of any Transfer or Payment Instructions. For the avoidance of doubt, the Bank shall not be responsible for liable or any loss which you may suffer, whether directly or indirectly, as a result of the Bank's action pursuant to your information.
8.3. You acknowledge that the Bank may specify limits on the number of transactions you may make using CIMB Bank App's Transfer and Payment services and the amounts to be so transferred or paid under the same.
8.4. The Bank shall endeavor to execute any Transfer and Payment Instructions promptly in accordance with your Instructions subject always to the Payments and Transfers being made on a Business day, regardless of this Transfer and Payment being made online real time or scheduled as a recurring Transfer and/or Payment.
8.5. You agree and acknowledge that the Bank may, at its sole right and discretion, convert the payment to other currencies, if any and necessary, at the Bank's prevailing rate of exchange.
8.6. The Bank shall not be liable for any Transfers or Payments or any failure to complete or execute a Transfer or Payment Instruction where:
8.6.1. You have an insufficient balance in your Account(s) to transfer or pay the relevant amount(s) or to transfer or pay for any fees, charges, expenses and interests that may be imposed by the Bank from time to time for the use of CIMB Mobile and/or any of its Banking Services;
8.6.2. Your relevant Account(s) is/are to be made subject to any legal process or other otherwise claim restricting such transactions or where the same is/are otherwise frozen, closed or suspended for any reason whatsoever;
8.6.3. The payee do/does not process your Payment promptly and/or correctly;
8.6.4. You have provided the Bank with inaccurate or incomplete Instructions or information relating to, among others, the amount(s) to be paid or transferred and the details of the beneficiary Account(s) or payee to which such monies are to be transferred or paid to; or the status of the beneficiary account is invalid and/or is covered under item 8.6.2;
8.6.5. There is an error in the information or Instructions given by you, during the course of transmission through CIMB Mobile;
8.6.6. You fail, neglect, omit or otherwise choose not to follow the latest or current instruction, procedures and directions for using CIMB Mobile or the particular Banking Services offered there under; or
8.6.7. The Bank knows or has reasons to believe that a fraud, criminal act, offence, or violation of any law or regulation has been or will be committed.
8.6.8. The Bank has informed the transferor of unavailable services in advance or during providing services.
8.6.9. You breach any of the Bank Service’s terms or conditions.
8.6.10. Any force majeure events or events which is beyond the Bank's reasonable control, including but not limited to fire, earthquake, flood, lightning, riots, strikes, lockouts, government action, war, disruption of electrical or power supply.
8.7. Where it is found that you have insufficient funds for the transactions, you acknowledge that the Bank may, at its sole right and discretion and without notice, reserve the transaction or offset the shortage with funds from any other Account(s) you may have with the Bank.
8.8. You may cancel the Transfer or Payment service pursuant to Clause 18 herein. Any unprocessed Transfers or Payments will be cancelled on the Business day your cancellation request is received. If you close any relevant Account pertaining to any such Transfers or Payments, any unprocessed Transfers or Payments scheduled from that Account or to be paid into that Account will also be cancelled on the day that Account is closed.
9. Fees and Charges
9.1. Notwithstanding your obligations to pay any fees and charges under any other terms relating to your Account, you shall pay to the Bank all fees, commissions and any other relevant charges at such rates and in such manner as the Bank may impose and/or stipulate from time to time with respect to CIMB Mobile and/or any of the Banking Service(s) provided thereunder.
9.2. The Bank may inform you of such fees, charges and/or any variations thereof by giving thirty (30) days prior notice in writing or in any manner deemed applicable by the Bank. Your continued use and access of CIMB Mobile or the particular Banking Service to which such fees, charges and/or variations relate to shall be deemed as your agreement and binding acceptance of the same.
9.3. You agree and acknowledge that the Bank reserves the right to debit your relevant Account for the payment of any fees, charges and/or penalties imposed pursuant to this Agreement including any Government charges, stamp duties or taxes payable as a result of the use of CIMB Mobile and the Banking Services provided thereunder.
9.4. You agree and acknowledge that all fees and charges including but not limited to telephone and telecommunication charges, relating to your access and connection to CIMB Mobile including any fees and charges imposed by any network service provider shall be borne solely by you, and the Bank shall neither be responsible nor liable in relation thereto.
10. Disclosure of Information
10.1. You hereby expressly authorize and permit the Bank to divulge, reveal and/or otherwise disclose any and all particulars and information relating to yourself or your Account or any transactions or dealings between you and the Bank:
10.2. You authorize the Bank to procure any information from any person, organization, authority, company, corporate or unincorporated body or any other entity as the Bank may in good faith deem fit in connection with your Account(s) or the Banking Services and authorizes the disclosure by such person of any information required by the Bank.
10.3. You, in submitting to the Bank any application, Instructions or in continuing with the Account(s) or the use of CIMB Mobile, shall be deemed to have conferred upon the Bank in such application or by such conduct as the case maybe, your due authorization and permission for such disclosure in accordance with the terms hereof.
10.4. In transactions relating to the use of the Internet medium through CIMB Mobile thereby you agree to accept the associated risk or any loss that may occur, the Bank does not make any warranties in respect thereof though the Bank shall endeavor to ensure the security of the information transmitted through CIMB Mobile.
11. Your Responsibility and Undertaking
11.1. You shall, at all times, be responsible for obtaining and using any hardware and/or software necessary including any new and recent versions thereof, which is necessary to obtain access to CIMB Mobile at your own risk and expense.
11.2. You shall be responsible for the maintenance of any account that you may have with a network service provider for your access to CIMB Mobile and you hereby agree, acknowledge and understand that such access will, to that extent, be subject to the terms and conditions of your network service provider.
11.3. You agree and acknowledge that the Bank will not be held liable for your inability to access CIMB Mobile or any part thereof, the rejection of your transactions, the incorrect processing of your transactions as a result of your failure to maintain your account with the network service provider or your failure to obtain or use the necessary hardware and/or software including but not limited to any failure to upgrade the relevant software or to use the new and recent versions of the same as may be required by the Bank.
11.4. You agree to observe all security measures in relation to your Account(s) and the access to and use of CIMB Mobile as specified in this Agreement and any other rules and regulations, policies or guidelines as may be in force in relation thereto.
11.5. You shall furnish the Bank with complete, accurate and timely data, information and Instructions in relation or in connection with any transactions and performance of any transactions made through CIMB Mobile.
11.6. You shall not initiate any claims, actions or suits against the Bank, for any unauthorized use of CIMB Mobile whether as a result of your Registered Smartphone, Mobile PIN, and Face ID/Fingerprint being compromised or otherwise.
11.7. You shall, at all times, observe and abide by the terms and conditions of this Agreement and any other relevant agreement between the Bank and you and any other rules, regulations, policies and guidelines currently in force.
11.8. You shall not interfere with the access to and use of CIMB Mobile or Banking Services by other customers and you shall not use CIMB Mobile for any purpose other than conducting authorized transactions pertaining to your Account(s). You shall also not hack, attempt to hack or gain unauthorized access, whether directly or indirectly, into CIMB Mobile, any other customer's account(s) and/or the Banking Service(s), for any purpose whatsoever.
11.9. You shall observe all reasonable propriety and etiquette in your communications with the Bank and shall not communicate any obscene or defamatory information to the Bank whether through CIMB Mobile or otherwise.
11.10. You shall keep yourself informed and updated of the Bank's relevant and applicable policies and practices and other terms applicable to your Account(s), the Banking Services and CIMB Mobile as provided by the Bank to you.
11.11. You agree that the Terms of Access and Terms and Condition of this Agreement shall, at all times, bind and be applicable to any Banking Service(s) performed by you with respect to your Account (s) through CIMB Mobile.
12. Error Reporting and Enquiries
12.1. Should you wish to report any error or make any queries or complaints in relation to CIMB Mobile, you may write in, e-mail or call the Bank Call Center at the following address and contact number:
CIMB Cambodia Call Center
PHONE: 023 988 388
For the avoidance of doubt, all telephone calls made to the Bank's Call Center shall be logged by the Bank.
12.2. Subject to Clause 12.3, you may be required to disclose to the Bank all relevant information relating to any report, query or complaint including but not limited to your name, the relevant Account(s) number(s), a description of any such error, query or complaint, an explanation on why you believe it to be an error or why you require more information and the amount(s) involved in the suspected error, query or complaint, as maybe relevant. Notwithstanding this, you shall not, at any time and under any circumstances whatsoever, disclose your ATM PIN, OTP and Mobile PIN to any the Bank staff or representative.
12.3. Where any communication involves your sensitive or confidential information whether in relation to your Account(s) or any transactions made in relation thereto or otherwise, you agree and acknowledge that should you proceed with using electronic-mail ("e-mail") as the mode of communication in relation to such information, you shall undertake all inherent risks associated with such mode of communication and shall not, at any time whatsoever, hold the Bank responsible or liable for the security of such information or any loss suffered in relation thereto.
12.4. In the event that the Bank requests you to make such report, complaint or query in writing to the Bank, you shall do so within ten (10) Business days thereafter. If no such written report, complaint or query is received by the Bank within the said period, the Bank will not be under an obligation to conduct any investigation and answer any such query or complaint.
12.5. Subject to Clause 12.6, the Bank shall endeavor to investigate the complaint, answer the query or inform you of the results of its investigation as soon as practicable or in any case within two (2) Business days of receipt of a verbal report, query or complaint or where a subsequent written report, query or complaint is requested by the Bank pursuant to Clause 12.4, within thirty (30) Business days of receipt of such subsequent written report, query or complaint.
12.6. If the Bank requires more time to conduct its investigation, the Bank shall extend the period stated in Clause 12.5 above to such reasonable period as it deems necessary in its sole discretion which shall as far as reasonably possible not exceed thirty (30) days from the date of receipt of such report, query or complaint or where a subsequent written report, query or complaint is requested by the Bank pursuant to Clause 12.4, within thirty (30) days of receipt of such subsequent written report, query or complaint.
12.7. You shall as far as possible co-operate and assist the Bank in the conduct of its investigations.
12.8. Subject to the provisions of this Agreement, upon the completion of an investigation, the Bank shall make reasonable endeavors to correct any error promptly and to make the necessary adjustments to your Account(s) and notify you of the adjustments made pursuant thereto.
12.9. In any case, the Bank shall inform you of the results of the investigation within seven (7) Business days of the completion of the Bank's investigations in Clause 12.5 or 12.6, as the case may be.
12.10. Where you are not satisfied with the outcome of the investigation or of your complaint, you may appeal against such to the Senior Management of the Bank in writing to the address as specified in Clause 12.1 above;
13. Statements, Confirmation and Advice
13.1. Where the Bank sends or delivers to you a statement, confirmation or advice, you shall verify each and every such statement, confirmation or advice and shall give the Bank written notice of any such error or omission in any such statement, confirmation or advice within sixty (60) days from the date of the said statement, confirmation or advice in accordance with Clause 12 above. Where no such notice is received by the Bank within the said sixty (60) days, such statement, confirmation and advice shall as against you be deemed as true, correct and accurate as regards all transactions and amounts stated therein and shall be conclusive evidence of the transaction and your liability to the Bank.
14. Updating of Customer's Particulars
14.1. You shall promptly notify the Bank in writing or by such other means as the Bank deems acceptable of any changes or variations in your personal particulars and the Bank shall be entitled to assume that there have been no changes or variations until the Bank has received notice thereof given by you. Provision of such particulars during the enrollment process in CIMB Mobile does not deem automated updating of your personal particulars.
15. Liability/Execution of Liability
15.1. The Bank shall use all reasonable efforts to ensure the operation and provision of CIMB Mobile and the Banking Services. However, you agree and acknowledge that the Bank does not make any warranties or representations of any kind whatever with respect to CIMB Mobile and the Banking Services provided by the Bank whatever arising in the contract or indemnity, in relation to the provision of CIMB Mobile and the Banking Services whether suffered by you or any other person with the exception of Losses which, subject to Clause 5.8, are caused by the fraudulent or gross negligent conduct of the Bank's officers.
15.2. Notwithstanding to the generality of Clause 1.1 above, the Bank shall not be liable for any Loss caused by or arising from one or more of the following events:
15.3. So long as the Bank acts in good faith in acting upon or carrying out any Instructions, the Bank shall neither be responsible nor liable to you in any respect for any Loss caused by or arising from the Bank's execution or implementation of such Instructions or any matter arising therefrom.
15.4. Without prejudice to the generality of the foregoing and notwithstanding any provision to the contrary in this Agreement or in any other agreement between the Bank and you, the Bank shall not in any event be responsible or liable to you for any indirect or consequential Loss, or for punitive damages, whether arising from any breach of the Bank's obligations to you or otherwise.
16.1. The Bank reserves the right to change, modify, delete, amend, add or vary the terms and conditions of this Agreement from time to time but the Bank will, subject to Clause 16.4, give notice of any such additional or amended terms and conditions for at least thirty (30) days. If such change or amendment causes you to bear more expenses or responsibility, you agree on and accept to such change at all times.
16.2. Such notice may be provided to you either in writing addressed to the last address given by you to the Bank or in the form of a notice displayed at the Bank's branches or in the form of a notice displayed on the screen when accessing CIMB Mobile or in such other manner as may be prescribed by the Bank from time to time.
16.3. If you continue to use CIMB Mobile after the effective date of any additional or amended terms and conditions, or where no effective date is specified, after a period of thirty (30) days upon your receipt of such notice, whether actual or deemed in accordance with Clause 18.2, then you shall be deemed to have accepted such additional or amended terms and conditions and agreed to be bound by the same.
16.4. You agree and acknowledge that where the changes or amendments made are necessitated by an immediate need to restore or maintain the security of a transaction your Account, CIMB Mobile, the Bank may proceed with making such changes and amendments without notice to you.
17.1. Unless otherwise specified herein to the contrary, all notices and communications by the Bank in relation to CIMB Mobile maybe given by the Bank in any one of the following manners:
17.2. All notices and communications sent by the Bank to you, shall, unless otherwise specified herein or in the said notice or communication, be deemed to have been received and effective, as follows:
17.3. All notices and communications to the Bank shall unless specified herein, be in writing, signed by you and sent to the Bank, at the Bank's address as specified herein or any other address as may be notified to you from time to time.
17.4. Subject to anything herein to the contrary, all notice(s) from you to the Bank shall take effect only upon the Bank (as the case may be) duly recording the same in its records.
18.1. Subject to Clause 18.3, you agree and acknowledge that the Bank reserves the sole right and discretion to suspend, terminate or restrict your access to CIMB Mobile or any part thereof for any reason, and without any liability whatever to you or any other third party for doing so.
18.2. Notwithstanding the generality of Clause 18.1, the Bank may terminate, suspend or restrict your access to CIMB Mobile immediately upon giving you notice, if:
18.3. You may terminate your access to and use of CIMB Mobile or any particular Banking Services at any time, by giving prior written notice to the Bank. The notification will not be effective until the Bank has received your notice, acknowledges it and proceeds to terminate your access to and use of CIMB Mobile or the relevant portions thereof.
18.4. You agree and acknowledge that termination does not affect your liability or obligations in respect of Instructions received by the Bank prior to such termination that have been processed or are being processed by the Bank.
18.5. You further agree and acknowledge that where an Instruction was received by the Bank prior to such termination herein but has not been processed, and your access to CIMB Mobile is thereafter terminated, you shall neither hold the Bank responsible nor liable for any failure to process the said Instruction.
18.6. Any rights and obligations under this Agreement which by their term and sense would survive the termination of this Agreement in any way, shall continue to be in full force and effect thereafter.
19. General Indemnity
19.1. In addition and without prejudice to any other right or remedy of the Bank, whether under this Agreement or otherwise, you shall indemnify and hold the Bank harmless from and against any and all Loss suffered or incurred by the Bank as a result of any of the following:
19.2. You agree and acknowledge that your obligation to indemnify the Bank herein shall survive the termination of this Agreement or CIMB Mobile.
20. General Lien
20.1. In addition and without prejudice to any right which the Bank may have under law or otherwise, all funds, instruments and other property belonging to you in the possession or control of the Bank shall be subject to a general lien in favor of the Bank in respect of all sums or other liabilities now or at any time hereafter due, owing or incurred by you to the Bank on the Account(s), CIMB Mobile or on any of the Banking Services, or otherwise in any manner whatsoever, in any currency, whether actual or contingent, joint or several and the Bank may apply the proceeds thereof in settlement of those sums and liabilities.
21.1. You agree and acknowledge not to dispute the validity, accuracy or authenticity of any evidence of your Instructions and/or communications transmitted between the Bank and you, including but not limited to any evidence in the form of the Bank's computer records which may take the form of, among others, telephone logs, transaction logs, magnetic tapes, cartridges, computer printouts of any communication and any other form of information and data storage, all of which having been produced by the Bank's computers in the course of their ordinary use.
21.2. Pursuant to Clause 21.1, you further agree and acknowledge that it shall refer and at all times, treat all of the said computer records of the Bank therein as conclusive evidence of your Instructions and/or communications received or sent by the Bank.
21.3. Notwithstanding anything contained in this Agreement, you agree and acknowledge that all your said Instructions and/or communications which are sent to the Bank and meet the operating standards and requirements of the Bank shall be deemed to be as good as, and given the same effect as, written and/or signed documentary communications.
22.1. The failure or delay on the part of the Bank in exercising any right, power, privilege or remedy under this Agreement upon any default on your part shall not impair any such right, power, privilege or remedy or be construed as a waiver thereof or any acquiescence in such default. No waiver shall be valid unless made in writing by the Bank. Any waiver by the Bank shall not operate as a waiver of any subsequent default by you.
22.2. If any provision of this Agreement is held to be illegal, invalid or unenforceable under present or future laws, such provision shall be fully severable and this Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part hereof and the remaining provision shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by its severance here from.
22.3. Notwithstanding from where you access CIMB Mobile, you agree and acknowledge that this Agreement shall be governed by and construed in accordance with the prevailing laws of Cambodia and subject to Clause 22.4, the Cambodian courts shall have exclusive jurisdiction to hear and determine all actions and proceedings arising out of this Agreement and accordingly, you also agree and acknowledge to be subject to the same.
22.4. Notwithstanding anything herein, you agree and acknowledge that you shall use all reasonable efforts to negotiate with the Bank in good faith and settle amicably any dispute that may arise out of or in relation to this Agreement.
This link is provided for your convenience only and shall not be considered or construed as an endorsement or verification of such linked website or its contents by CIMB Bank.
CIMB Bank makes no warranties as to the status of this link or information contained in the website you are about to access.
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