Terms & Conditions

Important information about our serivces.
 

Customer Terms and Conditions for WING Payment Services

 

Wing may at its sole discretion deny any registration of any subscriber who has used and enjoyed or intended to use and enjoy the M-Wallet Services under this Terms & Conditions of WING (CAMBODIA) LIMITED SPECIALISED BANK (hereinafter referred to as “WING”)

1. Meanings of Words

In these Terms and Conditions:

1.1 “AML” means anti-money laundering as defined by the National Bank of Cambodia (“NBC”) and the Prakas on Anti-Money Laundering and Combating of Financing Terrorism.

1.2 “Available Balance” means the balance in the M-Wallet Account in the System which shall be in USD or equivalent to Khmer riels value, and can be used at any given time subject to the limits herein imposed.

1.3 “Bank” means a bank or financial institution licensed by the National Bank of Cambodia to carry out banking operations in Cambodia that has appointed WING as its agent to undertake specified activities (which include certain WING-payment services) on its behalf.

1.4 “Bank Account” means an account in WING’s name with a Bank.

1.5 “Card” or “M-Wallet” means a card issued by WING, at its discretion, to you which can be execute at authorised Merchant or Automatic Teller Machines.

1.6 “Card-PIN” means the four digit confidential code you use with your Card and includes the temporary Card-PIN first issued to you by WING.

1.7 “CFT” means combating of financial terrorism as defined by the NBC and the Prakas on Anti-Money Laundering and Combating of Financing Terrorism.

1.8 “Daily Transaction Limits” means the maximum aggregated value of the M-Wallet that can be transacted in any one (01) calendar day or any other limit to be introduced from time to time.

1.9 “Deposit Funds” means the funds that, under these Terms and Conditions, you authorise WING to deposit into a Bank Account.

1.10 “WING Account” means your available balance of funds recorded on WING’s systems.

1.11 “Loss” suffered by a person means any claim, demand, action or proceeding brought against that person and any loss, expense, liability or damage suffered or incurred by that person.

1.12 “MSISDN” means the Mobile Subscribers Integrated Services Digital Network (mobile number).

1.13 “PIN” means the four digit confidential code you use to access and operate your WING Account on your mobile phone and includes the temporary PIN first issued to you by WING.

1.14 “Starter Kit” means the Card, WING User Guide and other printed material provided to you at the time of registration. At WING’s discretion, it may also include a Card and Card-PIN.

1.15 “WING”, “we” and “us” means WING (Cambodia) Limited Specialised Bank.

1.16 “WING Number” means the eight digit number issued by WING to you which enables WING to identify you when you access your WING Account on your mobile phone.

1.17 “WING Cash Xpress outlet” means a retailer or any other person appointed by WING under agreement to facilitate the WING Payment Services.

1.18 “You” and “your” means the subscriber of the WING Payment Services.

 
2. What are WING Payment Services?

WING Payment Services are mobile phone enabled payment services offered by WING which allow you to carry out transfers, deposits, withdrawals, bill payments, mobile airtime top up, account balance enquiries and other enquires and transactions within Cambodia (“WING Payment Services”). By subscribing to these services, you authorise WING to deposit your funds (the current balance of which is shown in your WING Account) into a Bank Account.

 
3. How do these Terms and Conditions apply?

These Terms and Conditions govern the operation of the WING Payment Services. It is important that you read and understand these Terms and Conditions. Please contact WING if you do not understand, or are unsure about any aspect of these Terms and Conditions.

 
4. When do these Terms and Conditions take effect?

When you first access your WING Account, you will be required to:

(a) accept these Terms and Conditions, following which these Terms and Conditions will constitute a legally binding agreement between you and us; and

(b) change the temporary PIN first issued to you by WING and select a new PIN of 4 digits long.

 
5. Eligibility for WING Payment Services

You may subscribe for the WING Payment Services if:

(a) you are the registered owner of the MSISDN number of:

i. an individual over eighteen (18) years of age; or

ii. an individual under eighteen (18) years of age and you have provided WING with proof of consent from your legal guardian permitting you to subscribe for the WING Payment Services;

(b) you meet WING‟s customer identification and verification requirements; and

(c) you operate a mobile phone that meets the requirements specified by WING from time to time. Please note that not all mobile phones will be capable of utilising the WING Payment Services. We will not be responsible or liable for any inability of your mobile phone to access and utilise the WING Payment Services, or for any loss or damage to your mobile phone resulting from your access or use, or attempted use or access, of WING Payment Services.

 
6. Authority

You acknowledge and agree that use of the WING Payment Services, together with your WING Number and PIN or Card-PIN as the case may be depending on the transaction in question provides sufficient authority for us to process transactions on your WING Account. We may act on this authority and will not be liable for any Loss suffered by you resulting from us acting on this authority and we are not required to make further enquiries.
You authorise WING to deduct or add to the balance standing in your M-Wallet, without notice, for the purposes of this Agreement, which shall include but not limited to the following:

(a) any amount that is or may become owing by you to WING and vice versa pursuant to the Agreement;

(b) any commissions payable by WING to you under this Agreement;

(c) all fines, penalties or other charges incurred by WING as a result of any act or omission by you;

(d) to give effect to the Transactions submitted by you on the WING Menu System; and

(e) any amount that is owing by you to WING under the indemnities provided by you in favour of WING in accordance with Condition 15 of this booklet.
WING reserves the right to require you to maintain a minimum credit balance in your m-wallet during the term of the Agreement. Any such minimum credit balance will be notified by WING to you from time to time.

 
7. Fees and Charges

WING may charge fees and charges for your use of the WING Payment Services and WING Cash Xpress outlets may charge fees and charges in connection with WING Payment Services they facilitate. Details of such fees and charges will be provided to you on registration and are available at WING Cash Xpress outlets. These fees and charges may include government taxes and charges as applicable.

You agree to pay these fees and charges and agree that WING may deduct these fees and charges directly from the Deposit Funds.

You may also incur charges from your mobile service provider. Any such charges are your sole responsibility and any queries regarding these charges should be raised with your mobile service provider.

 
8. Interest

No interest will be paid to you on the Deposit Funds.

 
9. Operation and Details of the WING Payment Services

9.1 Withdrawals / Transfers / Mobile Recharge

Provided that sufficient funds are recorded in your WING Account:

(a) Withdrawals: you may withdraw funds by:

(i) using your WING Number and PIN at authorised WING outlets; or

(ii) using your Card and Card-PIN (if these have been issued to you by WING) at authorised Automatic Teller Machines (ATMs) in Cambodia;

(b) Transfers: you may transfer funds by using your mobile phone, together with your WING Number and PIN:

(i) to registered WING retailers;

(ii) to registered WING billers;

(iii) to other registered subscribers of the WING Payment Services; and

(iv) to individuals who are not registered subscribers of the WING Payment Services; and

(c) Mobile Recharge: you may buy mobile phone air time for Cambodian mobile network operators which have registered with WING by using your mobile phone, together with your WING Number and PIN. The terms and conditions of the use of such air time will be as agreed between you and the applicable network operator.

9.2 Deposits

You may instruct WING to collect additional funds and deposit those funds into a Bank Account:

(a) by arranging an automatic payment of your salary or other income from your employer into your WING Account if your employer has entered into an agreement with WING;

(b) at any authorised WING outlet.

9.3 Information about your funds

You may:

(a) check the current balance of your funds recorded in your WING Account by using your:

(i) Card together with your Card-PIN (if these have been issued to you by WING) at any authorised ATM in Cambodia; or

(ii) mobile phone together with your WING Number and PIN; and

(b) view a mini statement of your last five (5) transactions by using your mobile phone, together with your WING Number and PIN.

You may also contact the WING Call Centre to receive information about your funds verbally or in writing.
The balance recorded in your WING Account will be the current balance as at the time you make the enquiry. However, there may be circumstances, for example, systems failures and technical difficulties, which mean that your WING Account balance information is not reported on a real time basis.

 
10. Processing Instructions and Limits

WING is under no obligation to accept any instructions (including instructions in relation to transfers, withdrawals and other transactions relating to your WING Account) and may, in its absolute discretion, accept or act on (or decline to accept or act on) any instruction. WING is not required to, and does not, check that the details provided by you and/or received by WING are correct. WING is not responsible for any inaccuracy in instructions given by you and/or received by WING and WING is not liable to you for any Loss suffered by you arising from such inaccuracy in instructions.

WING reserves the right to pay transactions presented for payment in any order that WING chooses. Where the transactions presented for payment exceed the balance recorded in your WING Account, such instruction will not be acted upon by WING. WING will not partially pay a payment.

An instruction given by you through using the WING Payment Services cannot be cancelled, altered or changed.
Generally, all value transactions made via the WING Payment Services (for example a withdrawal, deposit or transfer) will be processed in real time, and will be issued with an electronic receipt by WING via Short Message Service (SMS). However, as noted in clause 9.3, there may be circumstances which mean that your WING Account balance information is not reported, and/or receipts may not be issued by SMS, on a real time basis.
If you conduct a transaction at a WING Cash Xpress outlet, you also have the right to ask the WING Cash Xpress outlet for a written receipt. It is your responsibility to retain this transaction receipt with other details for any future reference.

WING may also impose limits on the amount of funds that will be made available for certain transactions conducted through the WING Payment Services, or limits on the total amount of funds that may be deposited by you over any specified period of time. Details of these limits are specified in your Starter Kit and may be amended from time to time by WING.

 
11. Your Relationship with the Bank

The Deposit Funds will be deposited by WING into a Bank Account. The Bank will recognise you as a customer of the Bank having a deposit with the Bank equal to the balance of your WING Account. However, you have no legal or beneficial interest in the Bank Account and only WING may issue instructions to the Bank in relation to the Bank Account, including in relation to transfers, deposits, withdrawals, account balance enquiries and other enquires and transactions on the Bank Account. The Bank will guarantee and pay to you the balance of your WING Account if WING becomes insolvent, to the extent that your claim is not satisfied from the proceeds of liquidation.

 
12. Privacy and Confidentiality

WING is collecting your personal information, instructions and transaction details on your WING Account (collectively referred to as “Information”) to enable WING to provide the WING Payment Services to you. Without this Information, WING may not be able to provide you with such services. By subscribing and utilising the WING Payment Services, you agree that WING may use and disclose your Information to:

(a) any service provider engaged by WING to carry out or assist its functions and activities;

(b) to WING‟s agents, contractors, advisers and to other persons authorised or required by law to disclose Information to;

(c) to WING‟s parent company and subsidiaries for internal administrative and operational purposes or to any service providers engaged by them;

(d) the Bank to enable the Bank to hold your funds and carry out its banking operations;

(e) the Bank’ss parent company or subsidiaries for internal administrative and operational purposes or to any service providers engaged by them.

You authorise these people to have access to your Information to the extent permitted above.
WING and the Bank may also use your Information to help them plan, research, market and promote their products and services.

 
13. Anti-Money Laundering and Sanctions

You agree that WING may delay, block or refuse to process any transaction without incurring any liability if WING suspects that:

(a) the transaction may breach any law in Cambodia or any other country; or

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

You agree to provide all information to WING which WING reasonably requires in order to manage money-laundering or terrorism financing risk or to comply with any laws in Cambodia or any other country and you agree that WING may disclose any information concerning you, your transactions and your WING Account to the Bank in which your funds are deposited, any law enforcement, regulatory agency or court where required by any such law, in Cambodia or elsewhere.

Unless you have disclosed that you are acting in a trustee capacity or on behalf of another party, you warrant that you are acting on your behalf in utilising the WING Payment Services, entering into this agreement, and conducting any transactions on your WING Account.
You declare and undertake to WING that the acceptance and/or payment of monies by WING in accordance with your instructions will not breach any laws in Cambodia or any other country.

 
14. Security

14.1 Card Validity and Expiry

If you have been issued with a Card by WING, such Card remains WING‟s property at all times. The Card must only be used within the „valid from‟ and „until end‟ dates shown on the Card.

14.2 Cancellation of Card or Electronic Access

If you have been issued with a Card by WING, WING may cancel or limit your Card, Card-PIN or electronic access through authorised ATMs without prior notice and without any liability if:

(a) WING suspects that use of your Card, Card-PIN or electronic access may cause Loss to you or to WING;

(b) WING suspects you of being fraudulent or engaging in inappropriate behaviour;

(c) your WING Account which the Card may access has been closed;

(d) WING‟s systems or equipment malfunctions or are otherwise unavailable for use;

(e) WING believes that the security of your electronic access or WING‟s systems and equipment may have been compromised; or

(f) WING is required to do so by law.

14.3 WING Number, Card, PIN and Card-PIN Security

You must keep your WING Number and PIN confidential and secure. If you have been issued with Card by WING, then you must also keep your Card and Card-PIN confidential and secure. You will be liable for any Loss suffered by you resulting from your failure to do so.

You must:

(a) on the expiry of your Card, destroy your Card by cutting it diagonally in half;

(b) not let anyone use your WING Number or Card;

(c) not disclose your PIN or Card-PIN to any person;

(d) not allow any other person to see you entering your PIN or Card-PIN;

(e) not choose a PIN or Card-PIN which has an easily retrieved combination, for example repeated numbers;

(f) not choose a PIN or Card-PIN that is easily identified with you for example your birth date or telephone number;

(g) not record your PIN or Card-PIN on your Card or mobile phone or on any paper or article carried with your Card or mobile phone.

If your PIN, Card or Card-PIN is lost or stolen, or if your PIN or Card-PIN has become known to someone else, you must notify WING immediately.

 
15. Liability

You are liable for all transactions conducted when you utilise the WING Payment Services, except where there has been fraud or negligence directly caused and/or committed by WING, its employees, or agents or any mobile network operators which have registered with WING.

Notwithstanding any other provision of this TERMS, Wing shall not be liable to You for damages for loss of revenues or profits, loss of goodwill or any incidental, consequential, indirect or special damages in connection with the performance or non-performance of the Service provided herein .

 
16. Discrepancies / Errors, Questions and Complaints

Please contact WING‟s Call Centre if you believe that a discrepancy or error has occurred in any transaction, or if you have any questions or complaints.

To assist with WING‟s investigations, you will need to provide the following information:

(a) your name and WING Number;

(b) details of the transaction in question; and

(c) the amount of the suspected error or disputed transaction.

WING will not be responsible for any Loss suffered by you if you do not request WING to dispute the transaction within thirty (30) days.

 
17. Notices and Changes to Fees and Charges, Terms and Conditions

WING may change these Terms and Conditions, and Fees and Charges at any time. WING will give you at least thirty (30) days-notice of any change before it takes effect by:

(a) notice displayed on WING‟s website at www.wingmoney.com or Facebook or by advertisement in major daily or national newspapers; or

(b) contacting you on your mobile phone via SMS notification or electronic notices generated within the WING menu system.

WING may also use the methods outlined above as a means of providing you notices or other correspondences, or by contacting you in writing at your address recorded in WING‟s records.

 
18. Change in Details

You must notify WING immediately if there is any change in your personal details which you have previously provided to WING for the purposes of subscribing to and utilising the WING Payment Services. WING will not be responsible or liable for any errors or Losses suffered by you associated with the changes where WING has not received prior notice.

 
19. Disruption to Service

You agree that WING will not be liable for any Loss suffered by you where the service is temporarily unavailable or where a system or equipment fails to function in a normal or satisfactory manner, regardless of how this may have been caused.

 
20. Currency

You must nominate a currency for your WING Account during registration, from a currency in which we allow WING Accounts to be held.
You agree to use WING‟s nominated exchange rates whenever you transact in a currency other than your nominated currency.

 
21. Amounts Owing

You agree that WING may deduct from the Deposit Funds any amount you owe to WING.

 
22. Suspension or Termination

22.1 By You

You may terminate your access to the WING Payment Services (which includes the closure of your WING Account) at any time by giving written notice to WING or by contacting WING’s Call Centre.

22.2 By WING

If there is a nil balance recorded on your WING Account, and you have not utilised the WING Payment Services for six (6) months, then WING may, at its discretion, suspend or terminate your access to the WING Payment Services and close your WING Account.

WING may also exercise its discretion to suspend or terminate your access to the WING Payment Services and close your WING Account for whatever reason including but not limited to, unsatisfactory conduct or where required by law or for any other reason WING considers appropriate.

In the event that WING exercises its right contemplated in this clause, WING will promptly inform you but need not notify you in advance and WING shall not be responsible or liable for any Loss which you may suffer as a result.
In the case that you have not utilised your WING Account for twelve (12) months, then WING may, at its discretion, charge your account USD 0.50$ or KHR equivalent for account maintenance fee.

Notwithstanding Clause 22.2 above, WING reserves the right, at their absolute discretion and at anytime, to immediately suspend / terminate the use of the WING Account by the Customer for any reason, including but not limited to the following circumstances:

22.2.1 In the opinion of WING, the Customer has indulged in any dishonest, fraudulent, illegal and/or criminal conduct or misrepresentation;

22.2.2 The Customer is in breach of any of the provisions of the Terms and Conditions or has engaged in any conduct prejudicial to WING;

22.2.3 The Customer is in breach of any acts, statutes, laws, by-laws, rules and / or regulations imposed by any party, regulatory body or government agency;

22.2.4 The Customer has submitted false documents or has declared false information during the application for the WING Payment Services by the Customer;

22.2.5 The Customer has acted with bad or malicious intent; and / or

22.2.6 WING is of the opinion that the act of the Customer is prejudicial to the interest of WING.

22.3 What happens if Termination occurs

If your access to the WING Payment Services has been terminated (including as a result of the closure of your WING Account), WING will arrange payment of the balance of funds recorded on your WING Account at the closing date to you at the address shown in its records. In the event that WING is unable to contact you at your address shown in its records to arrange payment, WING will use reasonable endeavours to arrange payment to you by other means.

 
23. Indemnity

You agree to indemnify WING against any Loss that WING may suffer arising directly or indirectly because you:

(a) did not observe your obligations under these Terms and Conditions; or

(b) acted negligently or fraudulently in connection with your use of the WING Payment Services, including your access and operation of your WING Account.

You voluntarily agree to assume the risk of all Losses for which you are or may be liable under these Terms and Conditions.

 
24. Assignment

WING may, without telling you or obtaining your consent assign or transfer all or any part of its rights and obligations under this agreement to any third party. You agree to do any act or execute any document as WING may direct to effect any assignment or transfer contemplated by this clause.

 
25. Governing Law

These Terms and Conditions are governed by laws of the Kingdom of Cambodia.