Merchant Terms and Conditions Mobile View

2) Rights and Responsibilities of the Parties

2.1 CCL

2.1.1 shall give training (CCL Training) related to permitted Mobile Financial Services Transactions to the Applicant and Applicant’s employees at appropriate time and regular periods.

2.1.2 shall ensure the supply to the Applicant with advertising and promotional things and documents to be able to provide service.

2.1.3 shall operate financial management services with Applicant via the authorized network transactions.

2.1.4 shall stipulate policies, operation procedures, standardizations and instructions at appropriate time which shall be obeyed by Applicants intending to provide the allowance of mobile financial services to customers.

2.1.5 shall request documentations, commitment or agreements from Applicants which may be necessary in regard with existing laws or in order to ask permission

2.1.6 shall have the authorization of Applicant’s deceit, misrepresentation and misinformation, otherwise, shall have right to make decisions in regard with the extension, modification, limitation or termination of Applicant’s rights, whether the whole or the part, in connection with the permitted Mobile Financial Services Transactions without prejudicing any rights of CCL in respect of termination of this application stated in section (3).

2.2 Responsibilities, Warranty and agent services of the Applicants

2.2.1 The Applicant shall provide and fill accurate information on the Application Form.

2.2.2 The Applicant shall open and maintain MFS Account with CCL to offer the permitted Mobile Financial Services Transactions

2.2.3 The Applicant shall provide relevant services to the customer in the manner of professional ways and exerting effort with due diligence, focusing on customers’ necessaries, when giving the permitted Mobile Financial Services Transactions in line with CCL’s training, policies and procedure.

2.2.4 The Applicant shall abide not only the directives, orders and instructions issued by CCL but also the courses ­­given by CCL, and the processes, rules and regulations and policies and shall follow any changes or alterations amended occasionally and any services which had been permitted in accordance with the existing laws and regulations. The Applicant shall keep the confidentiality and follow policies concerning with know your customer and Due Diligence Requirements.

2.2.5 The Applicant, regardless of whatsoever business it may be, if there is no special direct instruction given, regarding the permitted service, he shall discharge his activities with steadfast sincere determination for the benefit of CCL.

2.2.6 Concerning the permitted mobile financial services, the Applicant shall give any information, documents, and reports and other such items to CCL whenever they are demanded.

2.2.7 The Applicant shall have appropriate and enough number of employees who had been given training courses in the shops of Applicants.

2.2.8 The Applicant shall open their shops according to the daily hours regulated by CCL.

2.2.9 In order to fulfill the permitted mobile services regularly and smoothly, the Applicant shall always keep the necessary cash, at all his shops and centers.

2.2.10 In accordance with the rules and regulations of the Central Bank of Myanmar (C.B.M), the Applicant shall abide with the most basic technical standards prescribed and retain the records of the process for a minimum of five years.

2.2.11 The Applicant shall abide with the policies rules, and regulations, laid down by CCL in conformity with the relevant principles of the Central Bank of Myanmar and submit a report according.

2.2.12 Regarding the permitted mobile financial services, the said Applicant shall obey the policies, rules and regulations and directives issued by the Central Bank of Myanmar(C.B.M) concerning crimes such as money laundering and giving financial aid to terrorists, policies regarding aspects, the policies concerning with (Know Your Customer – “ KYC ” ) and Customer Due Diligence-CDD which shall give due respect to Customer and last but not least, shall follow and obey the limited process activities issued by the Central Bank of Myanmar (CBM). Concerning this fact, if there is cause to suspect that there is a certain connection regarding money laundering or giving financial aid to terrorism, then the Applicant shall report that matter immediately.

2.2.13 Concerning the permitted mobile financial services, if the CBM whenever needs to issue certain relevant policies, rules, regulations and work directives, then the Applicant shall obey these orders.

2.214 If the bank, where Applicant had deposited, demanded or if the control group enforcing legal authority in Myanmar, or if the law court demanded to peruse the account and documents of Applicant, then CCL has the authority to disclose this information.

2.2.15 Information concerning valuables, information regarding communication with CCL, and complaints, such acts, needing remedy recourses, all of these information have to be prominently displayed according to the enactment of such information enforced by CCL. When the Applicant opens mobile financial services account to new customers, the Applicant shall also inform the said information at the same time.

2.3. The Applicant must guarantee that he shall not engage in any of these services mentioned below.

2.3.1 The Applicant shall not use any marketing and promotion material which CCL has not granted permission or aided or supported, or done marketing and promotion. The Applicant shall only provide the mobile transactions granted by CCL and shall not process other mobile financial services.

2.3.2 The Applicant shall not use CCL company brand and other intellectual property without the written permission of CCL.

2.3.3 Without any written consent or any authorization or permission made by CCL, CCL shall not responsible for creditor warnings made on behalf of CCL or the act of representing or taking responsibility for CCL.

2.3.4 Concerning the permitted mobile financial services, any argument or lawsuit or defense, or resolving, or an attempt to solve or taking part in an argument and making statements, the Applicant shall abstain from taking part in such activities. If any of the above circumstances occur, the Applicant shall inform CCL immediately and act according to the directives of CCL. Concerning with any costs for any cases arises out for the failure or carelessness of the Applicant, none of the cost of the proceedings will be borne by CCL.

2.3.5 The Applicant shall not directly or indirectly accept any profit other than the profit which is acknowledged and permitted by CCL according to the rights and duties of the Applicant laid down in this Agreement.

2.3.6 Except for the permitted mobile financial services, the Applicant shall abstain from taking part in any activity which might harm or damage CCL’s reputation.

2.3.7 In the acknowledged and thus permitted mobile financial services in this agreement, the Applicant shall not refuse or withhold to perform services to any customer.

2.3.8 The Applicant shall not act which is beyond the permitted Mobile Financial Services Transactions or its powers under this Agreement.

2.4 Management for the complaints of customers

2.4.1 CCL and the Applicant understood that CCL will directly manage the complaints of customers.

2.4.2 When the Applicant receives the complaints of customers, they must inform the complaints to CCL by one of the following ways

(1) by telephone to emergency call- 700 of CCL through the registered No. of the Applicants; or

2) by email address of CCL – care@capitalconnect.com.mm

2.4.3 the Applicant shall not solve the complaints or events by himself or on behalf of CCL without permission in writing of CCL.

3. Starting of Appointment and Legally Appointment

3.1 The Applicant included in this Application form shall be enforceable from the day stated the attached form and shall valid the application until before the termination under the following section (5).

4. Termination of Duties of the Applicants

4.1 CCL may impose penalty to the Applicant in accordance with the given policy, rules and regulations. If CCL is reasonably of an opinion that the conduct or the acts of the Applicant or its employees may harm the business of CCL, it may, without prior notice and without prejudice to any other rights of CCL under this Terms and Conditions, rescind the permission of the Applicant to provide services which is legally permitted under this Application Form.

5. Termination and the Consequence of Termination of the Terms and Conditions

5.1 CCL or the Applicant may terminate the Agreement by giving (5) days prior written notice of termination to the other party.

5.2 In the termination of the Terms and Conditions of this Application Form, the Applicant shall return CCL to all Identification Cards, documents, marketing documents and other information documents or materials which were issued by CCL.

5.3 Upon termination of the Terms and Conditions of this Agreement, any unpaid fees and invoices between CCL and the Applicant shall be paid within (30) days. CCL may, without prior notice to the Applicant, set off the amount of money which is to be paid by the Applicant to CCL under these Terms and Conditions.

5.4 The Applicant shall, in respect of permitted mobile financial services, immediately cease promotional and marketing activities which are performed on behalf of CCL or shall no longer hold itself as an agent of CCL.

6. Warranty and Limitation of Liability

6.1 CCL shall, excepting the direct losses or suffers from customers which may arise out in providing permitted mobile financial services to them, or like damages (including but not limited to loss of profit, loss of income, business loss) or other consequential damages, pay 5,000,000 MMK as damages for each Mobile Financial service account for the breach of this Agreement by CCL or for default, negligence, fraud or intentional misconduct by CCL or its employees. If the Applicant or its employees commit the same act or make negligence or default to follow the rules and regulation or make mistakes or if the Applicant breach this Agreement or commit the misuse of permission, this Agreement shall be rescinded or terminated. But the warranty shall not be rescinded or terminated in this case. The liability of CCL under this Section is contingent liability and liability of CCL shall depend on whether the Applicant follow the following facts or not and whether any claim or attempt to claim made by the third party fall within the Section 6.1 or not shall be considered upon these facts

(a) The claim on CCL shall be in reasonably written detail.

(b) Any commitment, contract, or settlement in respect of such claim shall not be made without prior written permission by CCL.

(c) In respect of the claim, CCL and its employees or consultants are allowed to inspect the claimer’s workplace and related materials, charts, documents and notes with the supervision of the Applicant at a suitable time.

6.2 The Applicant shall indemnify CCL, and keep CCL indemnified, from and against any and all costs, direct or indirect, incurred by the Applicant and any or all loss, damage or liability, suffered by CCL resulting from the following:

1. Breach of agent obligations and warranties under Section 2.2 and 2.3 of this Agreement.
2. Any claim made by the third party on CCL resulting from breach of contract or negligence by the Applicant in respect of permitted Mobile Finance Services.
3. The act of the Applicant which is beyond the permission of this Agreement.
4. Negligence, fraud, intentional misconduct or intentional omission by the Applicant or its employees or any other person appointed by the Applicant.
5. Any act for the entering into force of this Agreement.

7. Prohibition of Assignment

This Agreement, together with all rights and obligations herein are subject only to the Applicant and the Applicant shall not transfer, mortgage, assign, limit, subcontract, or shall not appoint an agent on behalf of the Applicant without prior written consent by CCL.

8. General Provisions

8.1 CCL may modify, amend or alter the Terms and Conditions of this Agreement. Such modification, amendment, alteration and the respective effective dates for these shall be informed to the Applicant by the way of electronic communication or by publishing it on the webpage or social media. The Applicant, according to the nature of the work, accepts such modification, amendment and alteration and understands CCL’s inability to inform each Applicant privately.

8.2 The Applicant, without depending on any writing, representation or relinquishment of CCL or its employee agent, made a promise after reading carefully and fully understanding of the Terms and Conditions of this Agreement.

8.3 If any or all of the provisions of this Agreement become invalid according to the decision of the court of competent jurisdiction or order of the governmental body of competent authority, all other terms, provisions and conditions of this Agreement shall nevertheless remain in full force and effect.

8.4 Failure of CCL for taking effect of one or more provisions of this agreement within a certain period of time shall not be deemed a waiver and the other Terms and Conditions of this Agreement shall remain in effect.

8.5 The Terms and Conditions of this Application Form shall be governed by the Law of the Union of Myanmar.