Vattanac Payment Gateway

TERMS & CONDITIONS

Terms and Conditions for Online Payment via Vattanac Bank’s Payment Gateway

1. INTRODUCTION

The following terms and conditions (hereinafter “Terms and Conditions”) apply to or govern the Merchant’s use of Vattanac Bank’s Payment Gateway to receive bill payment or other payments from the Customer. These Terms and Conditions herein constitute an integral part of the Agreement regarding Payment Gateway Service provided to Merchant by Vattanac Bank.

By using Vattanac Bank’s Payment Gateway, you confirm that you have read, understood and irrevocably agreed to all Terms and Conditions herein, and that you agree to be bound by and comply with them and their amendments and/or supplements from time to time. In addition to these Terms and Conditions, you agree to be bound by other terms and conditions governing the services provided by Vattanac Bank. If these Terms and Conditions are inconsistent with other terms and conditions governing other services of the Bank, these Terms and Conditions herein must prevail over those other terms and conditions.

2. DEFINITION AND INTERPRETATION

Unless otherwise stated in these Terms and Conditions, the following terms shall have the following definitions and interpretations:

“Account” shall refer to your bank account(s), opened and held with Vattanac Bank, which can be used to receive or accept a bill payment or other payments through Vattanac Bank’s Payment Gateway.

“Agreement” shall refer to the Agreement form on Payment Gateway between Merchant and Vattanac Bank, Annexure to the Agreement, these Terms and Conditions which jointly constitute the entire Agreement regarding the Service.

“Account Holder” shall refer to a natural person or legal person who opens and holds the Account(s) at Vattanac Bank and in its name the Account is opened and held at Vattanac Bank.

“Authorized User” shall mean the natural person(s) who has/have been appointed or authorized by the Account Holder to operate or conduct the Account(s) of the Account Holder, to affect a transaction and/or to make a payment transaction through Vattanac Bank’s Payment Gateway.

“Customer” shall refer to a natural person or legal person who opens and holds the Account(s) at Vattanac Bank and uses Vattanac Bank’s Payment Gateway to make bill payment or other payments to the Merchant.

“Force Majeure” shall mean any act or event beyond the reasonable control of Vattanac Bank or you, including acts of nature, war, rebellion, civil unrest, terrorist activity, local or national emergency, lock-down or governmental restraint, policy by competent authority, riots, strike, natural disasters, fire, pandemic, epidemic, power failure, power shortage, telecommunication-related failure, computer system breakdown, unexpected system failure, and/or other similar acts or events.

“Merchant” shall refer to a natural person or legal person who is the seller/supplier of goods or services and who opens and holds the Account(s) at Vattanac Bank and have agreed with Vattanac Bank to accept or receive payments from the Customer through Vattanac Bank’s Payment Gateway. As the case may be, Merchant may also refer to governmental organizations (including the General Department of Taxation (GDT)), non-governmental organizations, associations, and/or other entities that have agreed to accept or receive bill payment or other payments from the Customer, Account Holder through Vattanac Bank’s Payment Gateway.

“Merchant’s Mobile App” refers to the mobile application (iOS, Android) of the Merchant where the Customer can buy goods or services from the Merchant. As the case may be, Merchant’s Mobile App may also refer to mobile application of the governmental organizations (including the General Department of Taxation (GDT)), non-governmental organizations, associations, and/or other entities that have agreed to accept or receive bill payment or other payments from the Customer, through Vattanac Bank’s Payment Gateway.

“Merchant’s Website” refers to the website of the Merchant where the Customer can buy goods or services from the Merchant. As the case may be, Merchant’s Website may also refer to website of the governmental organizations (including the General Department of Taxation (GDT)), non-governmental organizations, associations, and/or other entities that have agreed to accept or receive bill payment or other payments from the Customer, Account Holder through Vattanac Bank’s Payment Gateway.

“Vattanac Bank” or “Bank” shall refer to Vattanac Bank, a public limited liability company duly incorporated under the laws of the Kingdom of Cambodia.

“Vattanac Bank’s Payment Gateway” is an online payment service provided by Vattanac Bank under these Terms and Conditions to enable the Customer, the Account Holder or the Authorized User to make bill payment or other payments to the Merchant. Vattanac Bank’s Payment Gateway is linked from the Merchant’s Mobile App or Merchant’s Website after the Customer has selected the service of Vattanac Bank as a method of payment to the Merchant.

“Vattanac Mobile Banking” shall refer to the application developed and owned by Vattanac Bank, which you install on your Mobile Device to enable you to make payments to the Merchant through Vattanac Bank’s Payment Gateway.

“Mobile Device” shall refer to smartphones for access and use of Vattanac Mobile Banking.

“Service” shall mean Vattanac Bank’s payment service provided by Vattanac Bank as specified in the Agreement that the Merchant can receive or accept the payment made by the Customer through Vattanac Bank’s Payment Gateway, Mobile Banking and/or other services.

“Payment” shall refer to the quick response (QR) code and Deeplink developed and issued by Vattanac Bank to enable the Account Holder to transfer and receive funds, to make and receive payment and/or to perform other Transactions as permitted by Vattanac Mobile Banking.

“Deeplink” shall refer to the dynamic link or universal link used to open Vattanac Bank App to proceed the payment.

“We, us, our, ours” shall refer to Vattanac Bank.

“You, your, yours” shall refer to the Merchant who agrees to use Vattanac Bank’s Payment Gateway through which the Merchant can receive or accept the payment made by the Customer through Vattanac Bank’s Payment Gateway, Mobile Banking and/or other services

3. RESPONSIBILITIES AND LIABILITIES

3.1. Liabilities of Vattanac Bank:

3.1.1 Vattanac Bank will be liable for direct and actual losses incurred to or suffered by you that are:

(a) Caused by fault or error that occurs in our banking system of the Vattanac Bank, or Vattanac Bank’s Payment Gateway; however, Vattanac Bank is not liable for the fault or error that is known to you or advised by us or our system through message or notice on display; or

(b) The results of the fraudulent or negligent conduct of Vattanac Bank’s employees.

3.1.2. Notice regarding unauthorized access: We are not deemed to have received such notice unless our designated contact has acknowledged receipt in writing/verbal via phone call.

3.1.3. You are bound by all transactions arising from instructions which we relied upon before such suspension or termination, or the processing of which we were unable to stop.

3.1.4. You must indemnify Vattanac Bank against any claim, demand, action or proceeding which may be made against Vattanac Bank and any losses, damages, costs or expenses (including legal fees) which we may incur or suffer (directly or indirectly) because of:

(a) Any breach or non-compliance by you of or with any of the Terms and Conditions;

(b) Any use by any other person of your phone, phone number or other security information for the access to your Account(s);

(d) Any information or documents furnished by you to us, which is or proves to have been incorrect or misleading in any material respect when provided;

(e) The exercise of our rights under these Terms and Conditions;

(f) Our acting or relying on your instructions; or

(g) Your use of Vattanac Bank’s Payment Gateway, except if there is fraud, gross negligence or willful misconduct on our part.

3.1.5. Vattanac Bank is not liable for any delay in payment which is caused by the Customer’s negligence or third party’s system or internet service the Customer or you have used to connect to Vattanac Bank’s Payment Gateway.

3.1.6. In case of necessity for maintenance or repairment, security breach, development of Service or any justified reason for an interruption, Vattanac Bank shall have the right to disturb the use of the Service. The Bank gives notice to you for any interruption to the use of the Service.

3.2. Your Liabilities:

3.2.1. You agree to integrate, connect or configure your system with Vattanac Bank’s system to enable you to use the Vattanac Bank’s Payment Gateway.

3.2.2. You shall be responsible for the operation, transaction, and conduct of your Account by your authorized user, employee through the use of Vattanac Bank’s Payment Gateway.

3.2.3. You must give a written notice to the Bank without undue delay of any modification to your information that may affect the Agreement or the Service including justification to your address and telephone number.

3.2.4. You must be responsible for the accuracy and completeness of the information supplied to Vattanac Bank.

3.2.5. You shall be solely responsible for the accuracy of all information and/or validity of the prices and any other charges and/or other information, which are displayed and offered on Merchant’s Website or Merchant’s Mobile App.

3.2.6. You shall take all precautions as may be feasible or as may be directed by Vattanac Bank to ensure that there is no breach of security and that the integrity of the link between Merchant’s Website or Merchant’s Mobile App and the Bank is maintained at all times.

3.2.7. Vattanac Bank is not responsible for the quality of goods, products or services offered or provided by you. Moreover, Vattanac Bank is not under any obligation to ensure that you have performed your obligations under any contract or agreement entered into by and between you and the Customer. It is your sole responsibility to resolve any dispute or disagreement arising from or in relation to sale-purchase contract, service contract or other agreements/arrangement entered into by and between you and the Customer.

4. REPRESENTATIONS & WARRANTIES

You represent and warrant at all times that:

(a) All information that you provide to us in connection with Vattanac Bank’s Payment Gateway (including your particulars) is complete, true and accurate;

(b) You are solvent; and legally capable of entering into and performing your obligations under these Terms and Conditions and any applicable laws; and

(c) You have satisfied all conditions and performed all actions required to be taken in order to enable you to lawfully enter into and perform your obligations under these Terms and Conditions and any applicable laws; and to ensure that those obligations are valid, legally binding and enforceable.

5. SUSPENSION OR TERMINATION OF YOUR ACCESS TO VATTANAC BANK'S PAYMENT GATEWAY

Vattanac Bank may suspend or terminate your use of Vattanac Bank’s Payment Gateway with or without prior notice to you if:

You violate any of the Terms and Conditions;
There is an error, malfunction or unavailability for use incurred in Vattanac Bank’s systems or equipment;
Vattanac Bank is required to suspend or terminate your access and use of Vattanac Bank’s Payment Gateway in order to protect the Bank’s system from harm, including from any forms of denial of service or attack from viruses/malicious codes;
Vattanac Bank is required to do so by Law, by the National Bank of Cambodia, court, and governmental authorities;
We suspect that you or the Authorized User has committed fraudulent transaction or has committed any action which is in our opinion is an illegal, immoral or inappropriate manner;
The Bank believes that the use of your account number or phone number may cause harm or loss to you or to the Bank;
The Bank suspects that the security of your mobile phone or the Bank’s systems or equipment may have been compromised or that other person has fraudulently used, or attempted to use your account number, phone number to access and use Vattanac Bank’s Payment Gateway; and
The Merchant failed to pay the fee for the Service. Vattanac Bank shall be entitled to suspend the use of Vattanac Bank’s Payment Gateway until the fee has been fully paid. Vattanac Bank shall be entitled to charge a fee for restoring the Service from the Merchant.

In the event that Vattanac Bank exercises its right contemplated in this clause, it shall not be responsible for any damage, loss or penalty which you may suffer or have suffered as a result.
6. COMPLIANCE WITH LEGAL OBLIGATION

We can act in compliance with any order of court, judgment or arbitral award served upon us in relation to any transaction, without your approval. We may act pursuant to the advice of counsel with respect to any matter relating to the Terms and Conditions and are not liable for any action taken or omitted in accordance with such advice.

In addition, we are not liable for any loss, liability, delay or cost incurred by you because of us taking such action as it is necessary to comply with legal or regulatory obligations in Cambodia or other jurisdictions.

7. SYSTEM OR EQUIPMENT ERROR OR MALFUNCTION

Vattanac Bank does not represent, warrant or guarantee that Vattanac Bank’s Payment Gateway will be uninterrupted. In addition to the scheduled or unscheduled unavailability of our service due to restricted Internet service or our internal administrative purpose as informed to you from time to time, our service may be affected by outages, faults or delays, which may be caused by factors including, but not limited to, technical difficulties with the performance or operation of Vattanac Bank or another person’s software, equipment or systems, traffic or technical difficulties with the Internet, or infrastructure failures such as damaged phone lines or interference with digital signals

8. FORCE MAJEURE

Vattanac Bank is not liable for any loss or damage incurred to or suffered by you if the loss or damage resulted from a Force Majeure event, including during the scheduled or unscheduled unavailability of service

9. INFORMATION AND ADVERTISEMENT

9.1. The information or advertisement available or provided to you through Vattanac Bank’s Payment Gateway is only for information purposes. We do not warrant the accuracy, suitability, adequacy, currency, availability, reliability or completeness of any information or advertisement, and are not liable to you or anyone else for any decision made or action taken by you in reliance on any information or advertisement for direct, indirect, incidental, special, consequential, punitive or any other losses, damages, costs or expenses whatsoever.

9.2. You must not rely on any information or advertisement to make any specific investment, business, financial or commercial decision, unless you independently confirm or verify the information or advertisement before relying on such information.

9.3. You are aware that all information or advertisement is subject to change at any time without prior notice, and that we are not obliged to update or correct any information or advertisement.

10. HARDWARE AND SOFTWARE REQUIREMENTS

We may inform you of the preferred hardware and software requirements (including updates and/or patches that need to be installed) for accessing and using Vattanac Bank’s Payment Gateway from time to time (the “Requirements”). We will not be responsible for your failure to access or use Vattanac Bank’s Payment Gateway if your device, equipment, mobile phone, computer or other facilities do not satisfy the Requirements.

11. CHANGES IN REQUIREMENTS

We may at any time upgrade or change the Requirements by giving you notice. You will, at your own cost and expense, make any necessary upgrade or change to your own device, equipment, mobile phone, computer or other facilities to ensure your continued access to and use of Vattanac Bank’s Payment Gateway. We may at your request inspect your device, equipment, mobile phone, computer or other facilities to ascertain whether you satisfy the Requirements, and you will be responsible for any costs reasonably incurred as a result.

12. PREVENTION OF MONEY LAUNDERING AND OTHER OFFENSES

12.1. You acknowledge and agree that Vattanac Bank may delay, block or refuse to process any transaction without incurring any liability if Vattanac Bank suspects that:

(a) The transaction of the Account may breach any Law of Cambodia or any other country;

(b) The transaction of the Account may directly or indirectly involve the proceeds of, or be applied for the purposes of unlawful conduct; or

12.2. You must disclose all information reasonably required by the Bank in order to prevent money-laundering or terrorism-financing risk or to comply with any Law of Cambodia or any other country, or to comply with other prohibitions that may be applicable to the Bank with respect to any transaction; and you agree that the Bank may disclose any information concerning you to:

(a) Any law enforcement, regulatory agency or court of law where required by any such Law of Cambodia or elsewhere; or

(b) Any correspondent bank which Vattanac Bank uses to make the payment for the purposes of compliance with any such Law.

12.3. You declare, agree and undertake to Vattanac Bank that the payment transaction through Vattanac Bank’s Payment Gateway will not breach any Law of Cambodia or any other jurisdiction

13. ERROR OR DISPUTE RESOLUTION

13.1. You must retain complete records of the completed instructions conducted through Vattanac Bank’s Payment Gateway, and maintain the accuracy and integrity of such records. Vattanac Bank will keep records conducted through Vattanac Bank’s Payment Gateway as required by Law and in accordance with Vattanac Bank’s document retention policy.

13.2. You must check your Account records carefully and promptly. If you believe that an error has occurred in any transaction or there has been an unauthorized transaction, you must contact or visit any Vattanac Bank’s branch promptly.

13.3. To assist the Bank’s investigations, you are required to provide us with the following information:

(a) Your name;

(b) Mobile ID, Customer Name, or Customer ID;

(d) The amount of the suspected error or disputed or unauthorized transaction. Vattanac Bank may also ask you to supply further information.

13.4. If you tell the Bank about the suspected error or disputed transaction verbally, we may request you to send details of the dispute or error in writing. However, this will not delay the commencement of our investigations, provided that you have been able to give the information listed above.

13.5. If the Bank is unable to resolve a dispute or error immediately to your satisfaction, the Bank will provide you with a written notice setting out the steps that the Bank will follow to investigate the dispute or error and to provide the suggestion for the solution of such dispute or error.

14. FEES AND CHARGES

You shall pay the Fee for the Service and other charges as agreed under the Annexure of the Agreement as amended from time to time. You agree to pay the applicable fees and charges and also authorize Vattanac Bank to debit these fees and charges directly from your Account(s)

15. VARIATION OF THESE TERMS AND CONDITIONS AND FEES AND CHARGES

The Bank may from time to time amend the Terms and Conditions and the fees and charges applicable to Vattanac Bank’s Payment Gateway

16. PRIVACY AND CONFIDENTIALITY DISCLOSURE

16.1. We may collect, use, keep and disclose your information (“Information”) on/in relation to/attached to Vattanac Bank’s Payment Gateway. This Information includes but is not limited to your transaction(s), financial condition(s), and account relationship with Vattanac Bank and/or your Account(s).

16.2. We may collect your Information for various purposes including the following:

Administrative and operational purposes including but are not limited to communicating to you about our product and/or service; providing you with product and/or service; sending you information and marketing materials about product and/or service. The collection of your information is also for the purpose of system development, maintenance, support and testing; credit assessment; risk management and control; training of our members or staff; and other operational and business purposes; and
Legal purpose including but is not limited to protecting and enforcing the rights of the Bank; resolving any dispute/claim/demand; preventing and/or investigating illegal action, unauthorized transaction or access to account, fraud or crime that may occur or has been committed, suspected or alleged. The collection of your information is also for the purpose of complying with requirements and orders of the National Bank of Cambodia, courts and governmental authorities and complying with national and international applicable laws and regulations.

16.3. You are supposed to provide sufficient relevant information requested by the Bank, failing which we may not be able to provide you with a product/service.

16.4. Subject to the Bank’s general guidelines on confidentiality toward our customers and with applicable laws, you agree that Vattanac Bank may use and disclose your information to:

National Bank of Cambodia, regulators, law enforcement bodies, courts, governmental authorities, and credit reporting company or agency;
Your legal representative, authorized agents, and/or administrator;
Any subsidiary, affiliate, branch and office of the Bank;
Other banks and financial institutions as well as other parties as necessary in order for us to provide you our service and/or product; and
Any person (either natural or legal person) to which we are of the view that it is necessary or essential to disclose your information in order for us to provide service and/or product, to perform our duties and exercise our powers/rights under the Terms and Conditions of Vattanac Bank’s Payment Gateway or any other terms and conditions of services provided by the Bank.

17. INTELLECTUAL PROPERTY RIGHTS AND CONFIDENTIALITY

17.1 Confidentiality of data transmitted: Any data, information or message transmitted to you through our system and/or via Vattanac Bank’s Payment Gateway is confidential and intended for the sole use of the intended recipient. If you are not the intended recipient, you should immediately notify us and delete or destroy such data, information or message (and all copies).

17.2. Confidentiality of other Information: You must keep confidential all information about the Vattanac Bank’s Payment Gateway, our system, the security code, any content and the user’s guide.

17.3. Restriction on copying: You must not permit any person to make copies of all or any part of any user’s guide other than for the purpose of your own access or use of or Vattanac Bank’s Payment Gateway

18. CONTACT INFORMATION

You may contact us or at certain times you will be instructed to contact us to resolve an issue, or to answer any questions.

Call Center: 023 999 900
Email: cardcenter@vattanacbank.com

19. NOTIFICATION

We may from time to time send you notifications regarding your Account and transactions, or for marketing communications and announcements

20. LANGUAGE

These Terms and Conditions are written in Khmer and English and may be translated into other languages. Its Khmer version shall prevail over the English version and other translation versions in the event of any inconsistency or contradiction

21. GOVERNING LAW AND JURISDICTION

The Terms and Conditions are governed by and shall be construed in accordance with the Laws of Cambodia. Any dispute arising from or in connection with these Terms and Conditions shall be submitted to the competent court(s) of Cambodia.