• Customer Terms and Conditions of Use

1 DEFINITIONS

Agent means a person or entity that has been contracted by Ooredoo under a valid agency agreement to provide services to Mobile Money Account Holder and other Mobile Money customers of Ooredoo on behalf of Ooredoo.

Agreement means these terms and conditions as amended by Ooredoo from time to time, together with the customer registration form, as directed by the Central Bank of Myanmar.

Dormant Account means a Mobile Money Account that has not been subject to any customer initiated Transaction for a continuous period of [3] months.

E-Money means ‘electronic money’ and is a value in Myanmar Kyat, held in the account of Mobile

Money customers, Agents, Merchants and Ooredoo.

KYC Requirements means any ‘know your customer’ identity and registration requirements issued by the Central Bank of Myanmar from time to time and other regulatory authorities in Myanmar.

Level 1 Account means a type of Mobile Money Account for individuals that requires the presentation of appropriate identification.

Level 2 Account means a type of Mobile Money Account for individuals that requires SIM registration and customer identity verification.

Level 3 Account means a type of Mobile Money Account for business validly registered in Myanmar with appropriate registration documentation.

Merchant means an establishment that accepts Mobile Money for the purchase of goods and services or the payment of bills, including online merchants.

Mobile Financial Services Account or MFS account means a store of value provided by Ooredoo for the purpose of conducting transactions related to the service.

Mobile Money means a service provided by Ooredoo via the Mobile Money Account Holder’s mobile phone to access financial services within Myanmar.

Mobile Money Account means the Mobile Money account held by the Mobile Money Account Holder with Ooredoo for conducting Transactions using his or her authorized Ooredoo SIM.

Mobile Money Account Holder means you, the person named on the account

Mobile Money Contact Centre means the telephone hotline listed on the Ooredoo website for Mobile Money Account Holders to notify Ooredoo of complaints or problems with Mobile Money.

Network Service Provider means the telecommunications and data services provider used by the Mobile Money Account Holder to communicate and transact with Ooredoo.

Ooredoo means Ooredoo Myanmar Fintech Limited.

PIN means a Personal Identification Number, a numeric password set by the Mobile Money Account Holder and used to access their Mobile Money Account including self-authorize and authenticate Transactions.

SIM means a Subscriber Identity Module and is a smart card that stores data for GSM cellular telephone subscriber that is used to identify a Mobile Money Account and authenticate and authorize Transactions.

SMS means short messaging service and is a communication protocol allowing the interchange of short text message between mobile telephone devices.

Transaction means an action of conducting financial or non-financial business activities using a mobile phone and Mobile Money Account including but not limited to loading cash, cash-in, cash-out, sending money or fund transfers domestically, bills payment, purchases of goods or services, balance inquiry, etc.

2 AGREEMENT

2.1 By electronically confirming acceptance during the registration process, the Mobile Money Account Holder acknowledges that the Mobile Money Account Holder has read, understood and agrees to be bound by the provisions of this Agreement.

3 APPLICATION AND IDENTITY

3.1 The Mobile Money Account Holder agrees, represents and warrants that:

  • they shall not use Mobile Money for any abusive, illegal, fraudulent or criminal purpose, including money laundering and terrorist financing;
  • all personal information contained in the customer registration together with supporting identification document(s) provided is true and correct;
  • they will provide Ooredoo with any updated personal information together with supporting documentation if Mobile Money Account Holder’s personal information changes or if requested to do so by Ooredoo in order for Ooredoo to satisfy any KYC Requirements or other legal or regulatory requirements that Ooredoo may be subject to; and
  • they are the owner of a mobile phone and are a legal subscriber of a mobile or similar cellular data service provided by Ooredoo in Myanmar and such subscription has not been suspended or terminated.

3.2 The Mobile Money Account Holder authorizes Ooredoo, its officers, Agents and representatives to conduct independent verification to obtain any and all information in relation to the Mobile Money Account Holder’s application for and use of Mobile Money and for these purposes expressly waives all statutory, legal or equitable rights governing the confidentiality of such information and agrees to hold Ooredoo, its service providers and Agents free and harmless from any and all liabilities, claims and/or damages in respect of such rights.

3.3 Ooredoo may, in its reasonable discretion, refuse to accept the Mobile Money Account Holder’s application for Mobile Money and may cease providing Mobile Money to the Mobile Money Account Holder.

4 Rights and obligations of the customer

4.1 The Mobile Money Account Holder is responsible for the security of their Mobile Money Account, including the SIM and the PIN and undertakes to keep both the SIM and PIN confidential and not share the SIM or PIN with any other person.

4.2 If the Mobile Money Account Holder suspects the possibility of unauthorized use of their Mobile Money Account or that the security of their Mobile Money Account, SIM or PIN has been compromised, Mobile Money Account Holder must immediately:

  • change their PIN; and
  • call the Mobile Money Contact Centre and provide relevant details of the affected SIM or Mobile Money Account to Ooredoo.

Any loss of E-Money value due to Transactions using Mobile Money Account Holder’s Mobile Money Account prior to the Mobile Money Account Holder completing the steps set out in paragraphs (a) and (b) above shall be conclusively presumed to be made and authorized by the Mobile Money Account Holder.

4.3 Ooredoo will link any replacement SIM after the Account Holder details have been authenticated and verified.

4.4 The Mobile Money Account Holder shall have the right to redeem the value of the E-Money held in their Mobile Money Account at any time, with or without terminating this Agreement or their Mobile Money Account. This redemption may be subject to a fee as advertised by Ooredoo at Agent locations and online.

5 USING MOBILE MONEY

5.1 All Transactions in relation to Mobile Money must be made in Myanmar Kyats.

5.2 The Mobile Money Account Holder may open a Level 1 Account to use Mobile Money by presenting their identification documents with preference given to national ID and then drivers’ licenses.

5.3 The Mobile Money Account Holder may open a Level 2 Account if they register their SIM card and provide sufficient identification documents to provide satisfactory proof of their identity with preference given to national ID and then drivers’ licenses.

5.4 The Mobile Money Account Holder may avail themselves of Over the Counter Service (OTC) services by providing their MSISDN with sufficient documents to satisfy proof of identity in accordance with the criteria set by Ooredoo.

5.5 The Mobile Money Account Holder may use Mobile Money to perform Transactions and expressly authorizes Ooredoo to carry out such Transactions and instructions that are authorized by this Agreement, including by the two way authentication process. Ooredoo is expressly authorized to regard all such Transactions and instructions as valid and duly authorized by the Mobile Money Account Holder.

5.6 The Mobile Money Account Holder may load E-Money onto their Mobile Money Account through:

  • any authorized Ooredoo Agent;
  • fund transfer from other Mobile Money Account holder(s); and
  • any other secured and regulated channel that may be permitted by the Central Bank as Regulator and offered by Ooredoo in the future including, but not limited to, transfers from bank accounts, ATM machines, mobile banking, remittances, etc.

5.7 The Mobile Money Account Holder must ensure the availability of sufficient funds (including any applicable taxes, service charges or tariffs that Ooredoo, Merchant or other third parties may levy) before initiating any Transaction and agrees:

  • to bear all such fees, taxes, charges and tariffs; and
  • that Ooredoo may automatically debit such fees, taxes, charges and tariffs from Mobile Money Account Holder’s Mobile Money Account.

5.8 Once a Transaction is completed, such Transaction will not be reversed by Ooredoo or its Agents or third parties. However, Ooredoo will reverse a wrongful Transaction as a result of the Mobile Money Account Holder’s error or mistake, subject to proper validation checks and authentication in accordance with Ooredoo’s internal control policy.

5.9 Ooredoo will make the Mobile Money Account Holder’s Transaction records for the previous 60 days available in hard copy at any authorized Ooredoo showroom provided that the Mobile Money Account Holder has provided such Agent with all necessary authentication and proof of their ownership of the Mobile Money Account.

5.10 The Mobile Money Account Holder must not use Mobile Money or E-Money for any illegal or fraudulent activities or any purpose that is contrary to any Myanmar law or regulation.

6 ACCOUNT TYPES AND LIMITS

6.1 Ooredoo offers the following account types for its Mobile Money customers with the applicable balance limits and transaction limits set out in the table below which is in accordance with the limits set out under the Mobile Money regulations governed by the Central Bank of Myanmar.

Account type

Daily cumulative

Transaction limit

Monthly cumulative

Transaction limit

Maximum balance

limit

Level 1 Account

50,000 Kyat

1 million Kyat

200,000 Kyat

Level 2 Account

200,000 Kyat

5 million Kyat

1 million Kyat

Level 3 Account

1 million Kyat

50 million Kyat

10 million Kyat

6.2 Mobile Money Account Holder must not exceed the daily or monthly cumulative Transaction limit or the maximum balance limit for their applicable account type as set out in the table in clause 6.1. The Ooredoo Mobile Money Service and all related platforms and IT systems have been designed to and will refuse to process any Transactions (or may correct or adjust any completed Transactions) or refuse to follow any instructions that would breach the applicable account limits.

6.3 Ooredoo reserves the right (a) to change the transaction limits set out in clause 6.1 from time to time in accordance with any directive issued by the Central Bank of Myanmar; (b) limit the number of SIMs per Mobile Money Account Holder at any one time which Ooredoo may issue (whether or not under separate customer registration forms); and (c) where a Mobile Money Account Holder holds multiple SIMs for Mobile Money, to apply the Transaction limit set out in clause 6.1 on a collective basis across all SIMs and Mobile Money Accounts as governed by the

Mobile Money regulations issued by the Central Bank of Myanmar.

7 AUTHORITY TO IMPOSE CHARGES

7.1 The Mobile Money Account Holder agrees that Ooredoo, may impose service charges and fees as advertised at Agent locations and online, on your use of Mobile Money and may automatically debit your Mobile Money Account to recover such fees and charges.

7.2 Ooredoo reserves the right to amend any of the fees referred to in clause 7.1 effective upon publication on the Ooredoo website or any other date specified by Ooredoo.

8 FRAUDULENT OR INCORRECT TRANSACTIONS

8.1 If the Mobile Money Account Holder has probable cause to believe that they have been the victim of a fraud involving unauthorized and/or suspicious use of their Mobile Money Account, the Mobile Money Account Holder shall immediately report such incident to Ooredoo through their nearest Agent or call the Ooredoo Contact Centre to orally report the incident.

8.2 The Mobile Money Account Holder shall cooperate with Ooredoo and the proper authorities in conducting any investigation and/or preparing any report of the alleged fraud or breach of law.

8.3 If: (a) after investigation, Ooredoo and/or the authorities find that a case of fraud in connection with the Mobile Money Account was in fact committed without the fault or negligence on the part of the Mobile Money Account Holder; and (b) such fraud occurred despite compliance by the Mobile Money Account Holder with the safety and security measures specified and provided by Ooredoo in the use of the Mobile Money service and the Mobile Money Account Holder complies with this Agreement, then Ooredoo will reimburse any E-Money losses suffered by the Mobile Money Account Holder as a result of such fraud.

8.4 The Mobile Money Account Holder shall provide all necessary information to Ooredoo which Ooredoo reasonably requires in order to manage cases of fraud, money-laundering or terrorism financing risk or to comply with any laws in Myanmar and the Mobile Money Account Holder agrees that Ooredoo may disclose any information concerning the Mobile Money Account Holder where required by law.

8.5 Ooredoo is authorized to close or suspend a Mobile Money Account and hold any remaining EMoney balance in the Mobile Money Account without prior notice to the Mobile Money Account Holder when the account is suspected of involvement in fraud or other criminal or illicit activities or breach of law, and to report such closure or suspension and reason(s) to any governmental agency or regulators, including the Central Bank of Myanmar, authorities, monitoring entities or authorized associations.

9 PROMOTIONAL MATERIAL AND MOBILE MONEY INSTRUCTIONS

9.1 Ooredoo has the right to change or amend the characteristics, benefits, transaction limits, charges and other features of Mobile Money services at any time subject to notification to the Mobile Money Account Holder through the Ooredoo website, mobile alerts, SMS, posters, flyers and other written and published materials before such change takes effect.

9.2 The Mobile Money Account Holder agrees and authorizes Ooredoo (and its nominated third parties) to send promotional, instructional and informational messages of its products and services, including Mobile Money, through any electronic or other communication and agrees to comply with and be bound by, the instructions and/or procedures or guidelines of the Mobile Money service communicated to them.

9.3 The Mobile Money Account Holder shall have no claim against Ooredoo, its affiliates and their officers, employees, representatives, Merchants, Agents for any loss, damage and expense that the Mobile Money Account Holder incurs arising from their non-compliance with such instructions and/or procedures or guidelines.

10 DORMANT SIMS

10.1 If the Mobile Money Account Holder’s SIM becomes dormant it will not be possibleto carry out a Transaction using their Mobile Money Account and the E-value will be archived by Ooredoo.], Ooredoo may designate such account as a Dormant Account.

10.2 Mobile Money Account Holder can access the archived E-value by opening a new account and requesting a balance transfer.

11 INTELLECTUAL PROPERTY RIGHTS

11.1 All intellectual property in or related to Mobile Money belong solely to Ooredoo or its licensors. Nothing in this Agreement grants the Mobile Money Account Holder any license in or right to use any intellectual property in relation to Mobile Money without the prior written consent of Ooredoo or its licensors.

12 INFORMATION AND CONFIDENTIALITY

12.1 Ooredoo agrees to keep the confidential information and personal information of the Mobile Money Account Holder confidential and Ooredoo may use customer information to:

(a) monitor the quality and security of the Ooredoo network and test and maintain Ooredoo’s IT systems;

  • disclose information to police or law enforcement authorities as required by Myanmar or any other law.

13 INDEMNITY AND LIABILITY

13.1 To the maximum extent permitted by law, the Mobile Money Account Holder indemnifies and holds Ooredoo, its affiliates, its Agents, and their employees, contractors, officers free and harmless from and against any and all losses, claims, liabilities, costs (including legal costs), damages, expenses, actions and proceedings arising out of or related to the Mobile Money Account Holder’s use of Mobile Money or breach of any provision of this Agreement.

13.2 The Mobile Money Account Holder shall be liable for any unauthorized transaction that has been debited from the Mobile Money Account Holder’s Mobile Money Account using the relevant PIN, except to the extent caused by the negligence of Ooredoo.

13.3 The Mobile Money Account Holder agrees to use the Mobile Money service at their own risk and Ooredoo shall not be held liable for any loss or damage whatsoever, except to the extent such loss or damage arises from Ooredoo’s direct gross negligence.

13.4 Ooredoo, its affiliates and its Agents are not liable to the Mobile Money Account Holder for any losses, claims, liabilities, costs (including legal costs), damages, expenses, actions and proceedings arising out of or related to:

  • the acts or omissions of any third parties, including third party licensors, suppliers and Merchants (except to the extent expressly authorized by Ooredoo and such Merchants are acting within their authority and Ooredoo instructions and in accordance with applicable law);
  • any act or omission taken by Ooredoo, its affiliates or its Agents to meet any legal or regulatory obligations.

14 In any event, Ooredoo and its Agents will not be liable for more than the E-

value of any relevant transaction or account. DISPUTES AND ERRONEOUS

TRANSACTIONS

14.1 The details in the SMS/text confirmation message(s) or hardcopy receipt provided by Ooredoo to Mobile Money Account Holder after every Transaction are presumed to be true and correct unless the Mobile Money Account Holder notifies Ooredoo of any dispute or discrepancy within fifteen (15) days from the date of the relevant Transaction.

14.2 Disputed Transactions shall only be credited back to the Mobile Money Account Holder’s account once the dispute has been properly processed, investigated, and resolved in favour of the Mobile Money Account Holder in accordance with the provisions of this Agreement.

15 COMPLAINTS PROCEDURE

15.1 If Mobile Money Account Holder has a complaint in relation to Mobile Money or an Agent, they may lodge such complaint with Ooredoo in accordance with the Ooredoo Complaint Procedure available on the Ooredoo website or by calling the Mobile Money Contact Centre.

15.2 Ooredoo’s customer care staff shall investigate the complaint (and where possible, attempt to resolve the compliant) within five (5) working days of receipt of the Mobile Money Account Holder’s complaint under clause 15.1, after which Ooredoo’s customer care staff shall use reasonable endeavors to inform Mobile Money Account Holder of the cause or attempt to resolve the same within a subsequent ten (10) working days.

16 FORCE MAJUERE

16.1 If Ooredoo is prevented from carrying out any obligation in this Agreement by reason of any fire, flood, torrential rain, storm or other extreme weather conditions, riot, insurrection, civil commotion, strike, sanctions, boycott, embargo, failure of electricity, equipment failure, including your equipment or equipment of a third party, interruption or disruption of the Ooredoo and/or affiliate telecommunications network or the networks of other service providers, termination or suspension of Ooredoo’s mobile money financial service operator license or any other circumstance beyond Ooredoo’s reasonable control, Ooredoo will try to advise Mobile Money Account Holder of the existence of the circumstances and the expected duration of and the obligations affected by the circumstances. Ooredoo’s performance of this Agreement will, to the extent that it is prevented, hindered or delayed by such circumstances, be suspended until such circumstances cease to exist. Ooredoo will not be liable to Mobile Money Account Holder or any other party or be considered in breach of this Agreement for a failure to perform, or delay in

performing, any such obligation set out in this Agreement while those circumstances continue.

17 GENERAL

17.1 Assignment. The Mobile Money Account Holder enters into this Agreement on their own behalf and for their own benefit and may not assign, transfer or otherwise grant any third party any legal or equitable interest in this Agreement or Mobile Money Account Holder’s Mobile Money Account.

17.2 Amendments. Ooredoo may not without the prior approval of the Central Bank, vary, modify or amend these terms and conditions, provided that such amended terms and conditions are displayed on the Ooredoo website. Mobile Money Account Holder’s continued use of Mobile Money shall be taken as agreement to be bound by and comply with any such amendments.

17.3 Governing law. This Agreement is governed by the laws of the Republic of the Union of Myanmar.

17.4 Dispute resolution and arbitration.

(a) Any dispute, complaint, controversy or claim arising out of or in connection with this Agreement that cannot be resolved amicably within a period of fifteen (15) working days’ of written notice by one party to the other shall be referred to and finally resolved by arbitration proceedings in Myanmar, according to the provisions of the ARBITRATION LAW, Pyidaungsu Hluttaw Law No. 5/2016 the 10th Waning Day of Nadaw 1377 M E 5th January, 2016 as from time to time modified, re-enacted or replaced after the date of this

Agreement (the "Arbitration Law”).

(b) The arbitration will be conducted by one (1) arbitrator appointed in accordance with the provisions of the Arbitration Law. The place of the arbitration shall be in Yangon, Myanmar and the language of the proceedings shall be Myanmar. The decision of the arbitrator shall be final and binding on the parties, with no right of appeal on a point of law. This clause 17.4 shall not prevent either party from obtaining injunctive or other

interim relief from a court of competent jurisdiction to preserve the status quo, while it seeks to enforce its rights under this clause 17.4. Unless otherwise agreed in writing, the costs of the arbitration and the responsibility for payment thereof shall be fixed by the arbitrator.

17.5 `Waiver. No waiver by Ooredoo of any of its rights or remedies under this Agreement is valid unless in writing.

17.6 Survival. Clauses 11, 12, 13, 17.3, 17.4, 17.6 and Error! Reference source not found. Survive the termination of this Agreement or the termination or suspension of Mobile Money services.

17.7 Entire agreement. This Agreement constitutes the entire agreement between Ooredoo and the Mobile Money Account Holder and supersedes all previous correspondence, representations, explanations, statements or promises.

Ooredoo Mobile Money

Email –

Mobile Money Contact Centre –

Website -

 

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