Terms and Conditions

These Terms and Conditions outline the business relationship between users and Myanma Tourism Bank Public Company Limited (MTB) regarding MTB Pay.

1. DEFINITIONS

The following terms when used in these Terms and Conditions or any document referred to herein shall have the following meaning:

  • Account  means a Consumer Account that requires Consumer verification.
  • Agent  means a third-party operator who has an Agreement with MTB bank to perform certain bank related functions on behalf of MTB Bank.
  • Merchant   means an establishment that accepts Mobile Money for the purchase of goods and services or the payment of bills, including online merchants.
  • Agreement  means these Terms and Conditions as amended by MTB Bank from time to time, together with the Customer registration form, as directed by the Central Bank of Myanmar.
  • Business Day means a day other than a Saturday, Sunday, public holiday or bank holiday in Myanmar.
  • CBM means the Central Bank of the Republic of the Union of Myanmar.
  • E-Money means ‘Electronic Money’ and is a value in Myanmar Kyat, held in the Account of Mobile Money the Customers, Agents, Merchants and Myanma Tourism Bank.
  • Fees mean all fees and charges for the use of the Service, as published by MTB and included costs, charges, commissions, and penalties.
  • MTB means Myanmar Tourism Bank Public Company Limited and all branches of MTB, including any branches that shall be set up by MTB in the future.
  • MTB Pay means the Mobile Financial Services offered by MTB Bank offered to the Customers via MTB Pay Application and its appointed Agents.
  • KYC means Know Your Customer and sometimes Know Your Client. KYC or KYC check is the mandatory process of identifying and verifying the client’s identity when opening an account and periodically over time. In other words, banks must ensure that their clients are genuinely who they claim to be.
  • Myanmar Kyat means the official currency of the Republic of the Union of Myanmar.
  • Network Service Provider means the telecommunications and data services provider used by the Customer to communicate and transact with MTB Bank.
  • Non-registered Services / Over the Counter (OTC) means services provided by MTB Bank without requiring Customer registration.
  • Payee means a person who is to receive money.
  • PIN or Personal Identity Number means a 6-digit code used to authenticate Consumer identity when availing of the Service
  • SIM means Customer Registered Identity Module, which is a microchip device used to authenticate a Customer on the mobile network.
  • SMS means short messaging service and is a communication protocol allowing the interchange of short text messages between mobile telephone devices.
  • 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, bill payments, merchant payments, balance inquiry, etc.
    User or Customer means users who are end-customers of MTB Pay.
  • OTP means Customers open MTB Pay Application, click send verification code and then enter 6 digits code via SMS in Customer’s registered mobile number.

2. DESCRIPTIONS OF SERVICES

  • SERVICE OVERVIEW
    • The purpose of MTB Pay is to provide Agent / Merchant Services to customers via MTB designed Agents. MTB Pay users will be able to perform financial or Nonfinancial services electronically via his/her mobile services and/or at MTB appointed Agents/ Merchants.
  • SCOPE OF SERVICE LEVEL
    • Under the scope of this Term & Condition, MTB Pay offers the following products and Services to the Customers.
  • ACCOUNT TYPES
    • Verified Customer Account: The Customer can upgrade to this Account type in accordance with MTB Bank KYC policy at MTB Bank appointed Agents or MTB Bank branches and/or other channels approved by MTB Bank only.
    • Verified Customer must provide the following required information (Registration Information) in order to complete the registration or upgrade process.;
      • Customer Name;
      • Mobile Phone Number;
      • Valid National Registration Card (NRC) or Valid Passport;
      • Gender;
      • Date of Birth;
      • Nationality
      • State/Region;
      • Township;
      • Address;
      • Occupation
      •  Father Name
      • Email Address.
    • Verified Customer: The Customer can link the MTB Pay Account with MTB Bank Account in accordance with the guidelines stated in the Limits & Fees table in MTB Pay Application. The Customer agrees to keep the Registration Information up to date at all times to ensure its completeness and accuracy.
  • TRANSACTION TYPES
    • MTB Pay Customers will be able to perform the following Services with but not limited to:
    • Cash in
    • Cash out
    • Transfer e-money to/from MTB Pay Accounts, MTB Bank Accounts, and other Bank Accounts
    • Bill Payment
    •  Merchant Payment
    •  Mobile Top Up

3. DUTIES AND RESPONSIBILITIES OF THE CUSTOMER

  • The Customer must keep the secret number and code number confidential.
  • Customer guarantees that all the information provided in the complete application form are accurate.
  • Opening and operating this application shall be in line with the laws of the Republic of the Union of Myanmar.

4. OBLIGATIONS OF CUSTOMER AND MTB BANK

  • OBLIGATIONS OF MTB BANK
    • Opening and operation this Pay shall be in line with the laws of the Republic of the Union of Myanmar.
  • OBLIGATIONS OF CUSTOMER
    • The Customer shall make an MTB Pay registration with their own full legal name as described in NRC or passport.
    • MTB Pay Application usage is limited to only personal purposes and any other purposes are strictly prohibited. Any non-personal name in the name field shall be rejected by MTB Bank.
    • Customer may not assign or transfer in any way any of his or her rights and obligations under this Agreement or the use of the Service without the express and prior consent of MTB Bank.
    • Customer shall not use the Wallet Services for any abusive, illegal, fraudulent or criminal purpose, including money laundering and terrorist financing.
    • MTB Pay may reject your application at its discretion if any of the Wallet Account opening requirements are not met or if you fail to provide complete KYC Information.
    • Customer can edit their name, email, address and profile picture under “My Profile” in MTB Pay application.
    • Customer needs to go the nearest branch if his/her wants to edit NRC, DOB & Wallet registered Phone number.
    • The Customer warrants that all personal information contained in the Customer MTB Pay registration together with ID Card (NRC or Passport) is correct, accurate and up to date.
    • The Customer shall provide MTB Bank with any updated personal information together with ID Card (NRC or Passport) if the Customer’s personal information changes or if MTB Bank requests to satisfy KYC requirements or other legal/regulatory requirements.
    • Any requests to change the mobile phone numbers or changing any information of MTB Pay Account by the Customers themselves via application are not allowed. The Customers shall call the MTB Pay Call Center and are to follow the instructions.
    • MTB Bank identifies the Customers by their unique mobile number and Transaction PIN. All transactions initiated with the mobile number and transactions will be assigned to the Customer. If a Transaction PIN/ number is received, and the mobile phone and the registered MTB Pay Account can be accessed, it shall be considered that the Customer or the authorized person is making the Transaction. MTB Bank shall not reverse any transaction once completed if such transaction is assigned by the Customer.
    • The Transaction PIN of the Customer shall be kept secret, and it is the unique responsibility of the Customer to prevent the act of an unethical person to ensure safety. Any consequences arising from disclosing the Transaction PIN of the Customer or illegally using it by someone is the unique responsibility of the Customer.
    • The Customer admits not to give or make available transaction PIN to any other individuals, including anyone claiming to represent MTB Bank. The Customer is to be aware of MTB Bank will never ask the Customer for Customer’s Transaction PIN and that MTB Bank employees do not need the Customer Transaction PIN.
    • MTB Bank has no responsibility to make remedies for losses or reversing arising out of money exchange with a certain person through MTB Pay Account and other financial services applied by Customers.
    • The Customer agrees and acknowledges that MTB Bank is required to provide Customer data and transaction information to any Court or government authorities. When requested.
    • Before making Transactions, the Customer shall check the information of the receiver in detail, and MTB Bank has no responsibility for any loss or harm caused by transaction errors.
    • The Customer shall notify MTB Bank immediately in case the Customer’s mobile phone or SIM is stolen/lost / destroyed in order for MTB Bank to block the Customer’s MTB Pay Account so that the Service is suspended and unauthorized Transactions are prevented.
    • The Customer shall not be permitted by the MTB Pay in any of the following conduct/activities including, but not limited to, in connection with the use of the Customer’s MTB Pay Account.

5. Mobile Financial Services Fraud

  • In case customer has probable cause to believe that he has been a victim of a fraud involving unauthorized and/or suspicious use of his /her Wallet Account, Customer shall immediately report such incident to MTB Bank through the nearest Branch or Agent and file a written report or call the MTB Bank hotline to report the incident.
  • Each Customer agrees that he/she will provide/disclose necessary information to MTB to manage fraudulent cases and requirements relating to anti-money laundering and/or counter financing of terrorism or to comply with any other applicable laws, and that MTB will disclose any information of the Customer to relevant authorities when required by applicable law.
  • The goods and/or services purchased using the MTB Service but supplied by a third party shall be sold under the terms and conditions of the relevant third-party network service provider. For the avoidance of doubt, MTB nor any of its representatives shall not be held liable under any circumstances for the terms and conditions and/or any contractual relationship between the user and the third party.
  • After making investigations by officials of MTB Bank, the Customer shall cooperate in finding the necessary information. MTB Bank will inform the Customer on the progress of the investigation through the respective department enabling the Customer to know the latest development.
  • 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 MTB 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 MTB Bank.
  • The Customer agrees that he/she will provide/disclose necessary information to MTB Bank to manage fraudulent cases, AML/CFT, or to comply with any other laws in Myanmar, and MTB Bank will disclose any information of the Customer to relevant authorities when required by law.
  • The Customer agrees to give MTB Bank to collect, use, disclose and retain his/her personal information and other information. By using the Service, the Customer agrees to MTB Pay’s Terms and Conditions.

6. HOURS OF OPERATION

The Customer transaction available time is 24/7 at the moment. However, this may be subject to change according to unforeseen situations in the future and the Customer agrees to check from time to time. The Customer understands that MTB Bank will have to perform periodic maintenance to the hardware and software used to provide Services, which may cause temporary service interruptions. The Customer acknowledges that MTB Bank has no obligation whatever to provide any maintenance and support services with respect to the MTB Pay.

7. DIRECT DEBIT AUTHORIZATION

The Customer hereby agrees and certain authorizes MTB Bank limited to debit the relevant amount, through payment service procedure, from the Customer’s Bank Account or Wallet Account for any disputes arising out from the access and usage of MTB Pay. Moreover, if a dispute occurs and if there is no or not enough money in the Customer’s Account or Wallet Account, the Customer agrees to credit the amount and other relevant amounts to their Account.

8. General Provisions

MTB Bank shall have the right to transfer and assign this Agreement at any time.

These Terms (including the Policies and Procedures as amended from time to time) contain the entire agreement between MTB and Customer with respect to the subject matter of these Terms.

MTB Bank will 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, pandemic, strikes or lab our 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.  MTB’s performance of these Terms will, to the extent that it is prevented, delayed by such circumstances, be suspended until such circumstances cease to exist.

So far as any time, date or period is mentioned in these Terms, time will be of the essence.

This Agreement and the provision of the Services shall be governed by Myanmar law.

9. ANTI-MONEY LAUNDERING AND SANCTIONS

MTB is subject to anti-money laundering laws in the Republic of the Union of Myanmar and certain countries, which may disallow MTB from entering or concluding transactions involving certain persons or entities.

The Customer must provide all information required by MTB in order to manage its anti-money laundering or counter-terrorism financing and risks from the economic trade sanctions or to comply with any other laws and regulations of the Republic of the Union of Myanmar.

The Customer declares and undertakes that the process of any transactions by MTB will not breach any of the laws in Myanmar or any other country.

10. LIMITATION OF LIABILITY

MTB Bank will process and complete all Transactions initiated which comply with this Terms and Conditions. However, MTB Bank shall not be liable if MTB Bank is unable to complete any Transaction initiated by the Customer because of the existence of one or more of the following circumstances:

  • The Customer Account does not contain sufficient funds to complete the payment;
  • The MTB Pay Application Service, the communication line, the mobile device, or modem was not functioning properly, and the Customer knew about the malfunction or was advised of it by MTB Bank when the Customer started the Transaction;
  • The Customer did not properly initiate Transaction or provide MTB Bank with the correct names and account information for those Payees to which the Customer wishes to direct payment;
  • Circumstances beyond MTB 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;
  • The Customer instructs MTB Bank to make a type of payment, such as tax payment or Court-ordered payment, which MTB Bank cannot make;
  • The funds are subject to legal process or other hold or encumbrance restricting such transfer.
  • MTB 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 Terms and Conditions, unless the party causing loss did so willfully, negligently or without the due care and skill required for someone in the position of that party.

11. USE OF APPLICATION

Subject to customer’s compliance with these Terms, MTB Pay grants customer a limited non-exclusive, non-transferable license to download and install a copy of the Application on a mobile device that customer own or control and to use the Application and the content made available in it for customer’s commercial purposes.

12. INTELLECTUAL PROPERTY

MTB Bank is an owner of all intellectual property rights, whether in contents or wording, pictures, signs, logo, trade service marks, trade name as well as all design works, in all documents, websites of MTB Bank, and MTB Pay Application. The Customer must not exploit the intellectual property rights of MTB Bank or make any advertisement without receiving prior written consent from MTB Bank. The Customer shall not perform or allow any third party to perform any action that might cause damage to the image, trademark, trade name, or other intellectual property right of MTB Bank.

13. TERMINATION

MTB Bank may suspend or terminate the Service at any time, with or without cause and without affecting the Customer’s outstanding obligations under these Terms and Conditions. MTB Bank may immediately take this action if the Customer breaches this or any other agreement with MTB Bank; MTB Bank has reason to believe that there has been or may be unauthorized or illegal use of the Customer Account or the Service; as instructed by CBM or respective regulatory authorities; ၊ there are conflicting claims to the funds in the Customer Account.

MTB Bank will check all Customer’s Accounts information with MTB Bank and has the right to deduct the accrued amount on any Accounts Customers hold with MTB Bank.

14. SECURITY

The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

15. FORCE MAJEURE

Neither Customers nor MTB Pay shall be in breach of its obligations under these Terms if it is unable to perform its obligations under these Terms and Conditions (or any part of them) as a result of occurrence of a Force Majeure. MTB performance of these services will, to the extent that it is prevented, hindered or delayed by such circumstances, be suspended until such circumstances cease to exist. MTB shall not be liable to the Customer or any other party or be considered in breach of these Terms and Conditions for a failure to perform, or delay in performing, any such obligation set out in these Terms and Conditions while those circumstances continue.

The Customer understands that MTB shall not be liable for any failure of or delay in the performance of this services 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.

16. COMPLIANCE

The Customer shall comply with the Anti-Money Laundering Law and the Counter Terrorism Law and related rule and regulations promulgated by the Republic of the Union of Myanmar. As a condition of the use of services, the Customer warrants to MTB that the Customer shall not use services for any unlawful purpose. The Customer agrees to abide by all applicable laws, rules, regulations, and statutory requirements regarding the use of services.

17. AMENDMENT

These General Terms shall be amended and updated by MTB from time to time, and shall take effect upon the date of notice or publication, or as otherwise specified by MTB. Notice of such amendment or update to the General Terms shall be provided to the Customers in any reasonable manner as determined by MTB, and includes posting to the MTB website.

18. WAIVERS

Failure by MTB to complain of any action, non-action, delay, neglect or default on the Customer shall not constitute a waiver of any of MTB’s rights. Any waiver by MTB of any of its rights under a Customer Agreement shall be signed in writing by MTB and shall not be a waiver of or release of any of its other rights of the Customer Agreement in the future.

19. SEVERABILITY

MTB reserve the right to make changes to site, policies, Service Terms, and these Conditions of use at any time. If any provisions of this of these Terms and Conditions shall be determined to be invalid, void or unenforceable, the remaining provisions of these Terms and Conditions shall remain in full force and effect.

20. NO RELATIONSHIP

Nothing in these Terms and Conditions shall be construed as to create the relationship of employer-employee, partners, collaborators, joint-venture, or principal-merchant between the parties hereto. The parties shall be independent contractors and neither party shall bind the other by its acts, deeds, or omissions.

21. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms and Conditions shall be governed by, and construed in accordance with, the laws of the Republic of the Union of Myanmar, and the Courts in Myanmar shall have exclusive jurisdiction to solve any dispute arising from or under these Terms and Conditions.

22. LANGUAGE

These Terms and Conditions are made in both English and Myanmar and both versions shall be equally authentic and effective. In case of any discrepancy between the two versions, the Myanmar version shall prevail.

23. CONTACT INFORMATION

Call Center: 09685682682
Website: www.mtbpay.com.mm
If you have any question about this privacy policy, please contact us by email: customerservice@mtbpay.com.mm