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Terms and Conditions

of using PayGo Service

Last modified date: December 24, 2018

Privacy Statement

By using PayGo Service, or voluntarily providing your information to us, you consent to the collection and use of all information as set forth in this Privacy Statement. If you do not agree to the terms of this Privacy Statement, please do not provide us with any information and do not use PayGo Service. This Privacy Statement is incorporated into and subject to the Terms of Use for PayGo Service.

Via the PayGo wallet, we collect from you personally identifiable information, technical and other information.

• Registration
  - Receive and view SMS messages sent by PayGo *
  - Phone number **

• Know your customer service **
  - Name
  - Surname
  - Date of birth
  - Gender
  - Email
  - Address
  - Document (National ID or Passport or Driver’s License)
  - Selfie with document

• Kiosk map
  - Access your device location *

• Making payments
  - Access your device contacts *

• Pay QR
  - Take pictures and record video *
  - Access photos, media and files on your device *

• Other
  - Device model
  - Device information (do not contain user data)
  - Device OS version

* your permission is required

** information provided by you

All this information is transmitted via a secure channel and PayGo is responsible for the security of the information provided by users.

Our Use of Information. We collect, retain, and use your personally identifiable information for legitimate business purposes only, including, without limitation, the following: to respond to an inquiry from you or address a request submitted by you (including contacting you directly to request additional information to process your inquiry or request); to contact you and to provide you information regarding our services; to operate or improve the PayGo wallet; to comply with applicable laws, regulations and rules, and requests of relevant law enforcement and/or other governmental agencies; to enforce our Terms of Use; and/or to protect the rights, property, or safety of PayGo, our users, and others.

Introduction

Welcome to PayGo (hereinafter referred to as the “PayGo”, “We”, “Us”, “Our”), owned and operated by PayGo SEA (Cambodia) Plc and having its address at No. 144 Delano Building, 1st Floor, Corner of Streets 134 and 169, Phnom Penh, Cambodia.

PayGo is a processing company in the business of innovative payment processing and technology solutions to provide payment collection and accept payments (“Service”).

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By using the Service, you are entering into an agreement with PayGo, you confirm that you have read all the terms and conditions (“Terms”) of the agreement, that you understand them and that you agree to be legally bound by them. If you don’t agree with these Terms, then please don’t use the Service.

PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.

PayGo reserves the right to recover the cost of services, collection charges and lawyers’ fees from persons using the Service fraudulently.

PayGo may at any time revise these terms and conditions by updating the Terms. You agree to be bound by subsequent revisions and agree to review the Terms periodically for changes to the terms and conditions. The most up to date version of the Terms will always be available for your review on www.paygo.com.kh

Definitions

Subject of the Agreement

PayGo shall provide to User the Service in order to carry out User’s settlements in favor of Payee and User agrees with terms and conditions of the Agreement.

Registration

With the purpose to get authorization to use the Service, User should sign up to the PayGo System through the PayGo Wallet application by providing User’s Phone Number.

User Account in the PayGo System is created as follows:

1. Download and install PayGo Wallet from Google Play or AppStore to your smartphone

2. After installation open the app and enter your mobile phone number to register the wallet;

3. You will receive 4-digit security code by SMS. Enter that code into the corresponding field and press OK

4. Set any 4-digits as your personal password

5. Re-type your password

6. Enter Promo Code. (Enter the PayGo Wallet ID of your friend who recommended PayGo Wallet to you). If you don't have Promo Code – press Skip

7. Now your PayGo Wallet is installed and is ready to use

Adding funds to User Account Balance

With the purpose to operate Services provided by PayGo, User should add funds to User Account Balance in the amount chosen at the discretion of User by one of methods as follow:

• payment of the appropriate amount of funds through PayGo Kiosks;

• payment of the appropriate amount of funds through the ABA bank cashier;

• payment of the appropriate amount of funds to the PayGo account by money transfer operation through the other credit organization contracted with PayGo;

• payment of the appropriate amount of funds to the PayGo account by transacting through the bank account of User opened at any credit organization contracted with PayGo.

Damage Banknotes

PayGo reserves the right to block User Account in case User inserted damaged banknotes into PayGo Kiosk.

User shall replace all damaged banknotes with proper ones and hand them to a PayGo representative.

In case User refuses to change damaged banknotes with proper ones – PayGo reserves the right to write-off 50 (fifty) percent of each damaged banknote face value from User Account Balance.

Funds on User Account Balance

The rights to funds on User Account Balance are confirmed by submission of the corresponding letter by User with the copy of the agreement concluded between User and mobile network operator attached to provide mobile network services that allow User the privilege to use the mobile phone number specified by User during the registration, and a copy of the passport or any other document to acknowledge User’s identity.

If User fails to submit the documents specified above within Thirty (30) calendar days since the date of the corresponding notification, PayGo is entitled to terminate the Agreement in its sole discretion.

Procedure

As soon as User is signed to User Account and the Account Balance is positive, User can use the Service.

Payment operations are effected by User through making, certifying and allowing PayGo the authorization to make payments in favor of the particular Payee.

The right to make payments on behalf of User is allowed through submission of payment details by User including information on:

• Payee who will receive the payment;

• Payment information which identifies the purpose of Payment (for example, mobile phone number, account number and other information depending on the type of information required to be submitted to make payments);

• Payment amount; and so forth

by one of methods as follow:

1) by completing the appropriate form at PayGo kiosk;

2) by completing the appropriate form in PayGo Wallet app.

PayGo deals with a request from User to make a payment using User’s Account Balance on the Terms, accepted by User at the request in exchange for the corresponding Service provided by PayGo.

PayGo undertakes to record in the electronic register any cases of occurrence, modifications or termination of the mutual rights and obligations of the Parties under the Agreement.

User acknowledges that PayGo obligations to User to execute requests to make payments shall be considered fulfilled in full since the time of debiting funds in the amount of payments from the correspondent User Account in the PayGo System in favor of the Payee in accordance with the detailed information provided by User.

PayGo does not regulate or control the legitimacy of transactions between User and Payee and their terms, as well as the fact and consequences of the mutual agreement, execution and cancellation of transactions, including refunds on such transactions and payment by User and/or Payee of any applicable tax charges. Moreover, PayGo does not consider User claims associated with non-fulfillment (improper fulfillment) by Payee of transaction liabilities, including obligations under the transaction to transfer items purchased by User.

Verification

Cms for mac os x. To better understand our Users and help to manage the safety of their accounts, we require all Users to submit the following information and documents to PayGo KYC system through PayGo Wallet app:

1. User’s questionnaire completed

2. photo of document which certifies User’s identity (National ID or passport)

3. photo of User holding the document (National ID or passport or driving license)

PayGo KYC system will check the User’s information and documents and:

• verify User Account if all documents are correct or

• reject the uploaded documents if they are not correct. User can upload documents again.

In both cases PayGo KYC system will send the corresponding message about the verification status to User.

In case of termination of the agreement concluded between User and mobile network operator followed by annulment of the mobile phone number specified by User during the registration of User Account in PayGo system, User is obliged to stop using the Service based on Authentication data which include the mobile phone number mentioned above and terminate the agreement concluded by User and PayGo.

Limits

PayGo sets the following limits for verified Users:

PayGo sets the following limits for Virtual Card payments:

The limit is 1000 (one thousand) USD for the period from Monday 00:00 to next Monday 00:00.

In case User exceeds any of limits above, PayGo is entitled:

• to reject the User’s request to make a payment;

• to block User Account until all required documents are submitted.

PayGo is not responsible for the consequences caused by exceeding the limits.

Cryptocurrency

Making payments related to cryptocurrency using PayGo Service such as Bitcoins and other is strictly prohibited!

In case User is involved in payments related to cryptocurrency, PayGo is entitled to disable User Account and not to refund to User money kept on that User Account Balance.

Service Fee

Top up/bill payments and money transfer

PayGo determines the service fee charge to complete User's request to make a payment. PayGo informs the User about the service fee charge of each service at the time User forms the request to make a payment.

Card payments

PayGo set the following service fee for card payments:

• 0.10 USD for all card payments lower in the amount than 5 USD

• 2% of the payment amount for all card payments higher in the amount than 5 USD

Correction of Payments

In case User made a payment and would like to change Payee details, User shall submit the request to PayGo support team not later than 14 (fourteen) days after the payment is made.

PayGo is entitled not to check requests submitted later than 14 (fourteen) days after the payment is made.

PayGo may change Payee details in case the payment was notcompleted successfully.

If the payment was completed successfully, PayGo can not change any details of the payment.

In case User transferred money to the wrong PayGo Account and provided proof of that incorrect payment, PayGo reserves the right to block this wrong PayGo Account until the clarification of the dispute.

Refunds of Virtual Card Payments

In case User made a successful virtual card payment and received funds return from merchant, User shall submit the corresponding request to PayGo support. PayGo will check it and if the request details are correct, PayGo will refund money in the amount not higher than original payment amount to User Account Balance during 2 working days.

In case User made a successful virtual card payment but merchant has not sent a withdrawal request to PayGo, PayGo is entitled to deduct the payment amount from User Account Balance and keep it on PayGo bank account during 32 (thirty-two) days after the payment is made. After this period User shall submit the corresponding request to PayGo support and PayGo will refund the payment amount to User Account Balance during 2 working days if merchant has not withdrawn the payment amount from PayGo bank account.

User’s Rights and Responsibilities

User has the right to use Service in full dealing with payment transactions through appropriate operations specified by this Agreement in the sequence defined by PayGo. Description of the range of services provided by PayGo is published in mass media and appears permanently on PayGo website.

User is entitled to use the Service at its sole discretion based on Authentication data. Use of PayGo services is limited by the obligation imposed to User not to reproduce, replicate or copy, sell or transfer, as well as not to use for any commercial purposes any elements of the PayGo System, as well as not to allow any access to third parties.

The right to use the Service upon signing up to the system and using User Account is exclusive and nontransferable.

In case if User allows access to its Authentication data to third parties, User shall bear the responsibility to the full extent for operations made by such third parties using the Service as well as for the damage caused by such third parties to service providers, to PayGo and to User Account.

User has the right to refuse from the Service provided by PayGo at any time.

User is obliged to keep its Authentication data away from third parties. Picasa google for mac.

In case of loss of Authentication data, User is obliged to notify PayGo on an immediate effect.

In case of failure to notify and/or undue notification sent by User to PayGo on the loss of Authentication data, PayGo shall commit to no responsibility for the damage caused to User Account.

Moreover, User is obliged to reimburse PayGo for the damage caused to services providers and/or the PayGo when User’s Authentication data was used.

User is entitled to submit a request to get a payment history of his/her User Account for payments made within 6 (six) calendar months preceding the request date. PayGo provides such information within 2 (two) working days since the date when the appropriate request is received from User.

User is notified and agrees with that all operation related to the system services are possible with correctly entered Authentication data.

By entering into this Agreement, User agrees on processing of his/her personal data by PayGo, and in particular, on the following actions to be done: compilation, classification, integration, safe keeping, adjustment (upgrading, modifying), use, dissemination (as well as transfer), impersonation, commitment, annulment, as well as to fulfill requirements of regulatory acts aimed to counteract legalization of monetary assets acquired illegally. The procedures stated above may be performed automatically.

User agrees that PayGo has the right to transfer User's personal data to third parties to be able to make payments providing there is duly concluded agreement between PayGo and such third parties.

User agrees that PayGo has the right to transfer User's personal data to authorized bodies in case of overuse of rights of User

User confirms the availability of the current agreement on provision of mobile network services with the mobile network operator that is certified to provide such services executed on behalf of User and certifying User’s right to use the mobile phone number specified by User when signing up User Account and is obliged to submit the said agreement at short notice from PayGo to identify User and certify its rights to operate User Account.

User allows the right to PayGo make voice calls, send text messages to User, using User’s phone number and email for the following purposes:

• to increase the safety level of the Service, including cases of payment effect in favor of payment recipients;

• to inform Users on new products, services and operations provided by PayGo;

• to forward messages of commercial and informative nature, including information on products and services provided by third parties;

• to issue information inquiries on confirmation of requested operation completion;

• to address to User with additional information as instructed by the payment recipient in favor of which the payment was effected through PayGo.

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Not Active Users

In case User has not made any payment during 3 (three) months, PayGo is entitled to disable User Account without possibility to enable it. Also all User's personal data and transaction history will be removed from PayGo System and Account Balance will be annulled.

Confidentiality and Safety

The Parties shall undertake to take any necessary measures as to the safety and protection of information and documents, that are exchanged within the Service or that are available to the Parties regarding Use of Service.

User shall undertake to independently take all necessary measures to keep confidential, prevent any unauthorized use and to protect his/her Authentication data from any unauthorized access by third parties. User shall undertake not to inform his/her Authentication data to any third parties.

With the purpose to prevent from any unauthorized use and to protect own Authentication data from any unauthorized access by third parties using any remote access channels, User shall undertake to independently install on technical devices used by him/her to access the Service an antivirus software and to maintain its timely updating. If non-use by User of any antivirus software, use of unlicensed (illegally purchased) antivirus software or late updating of threat signatures result in acquiring by third parties of an unauthorized access to User’s Authentication data, PayGo shall not be responsible for any damage caused to User Account through the Service using User’s Authentication data.

PayGo shall undertake to observe the confidentiality regarding personal details of User as well as other information on User became known to PayGo in connection with the Use of Service by User, except when:

• such information is public;

• information has been disclosed at the request or with permission of User;

• information is subject to be presented to User’s contracting parties in the volume necessary to fulfill the Agreement concluded on terms of this Agreement;

• information requires to be disclosed on the grounds stipulated with legislation or suspected treaties or relative requests of court or of authorized state bodies have been received.

The Parties shall undertake:

• Not to carry out through the Service any illegal financial transactions, illegal trade, operations on legalization of incomes obtained criminally, and any other operations in violation of the law;

• To prevent any efforts of illegal trade, illegal financial transactions, transactions purposed to legalization (laundering) of income obtained criminally.

PayGo reserves the right to refuse User to make payments using the Service, including in case of any reasonable doubts in the lawfulness of such actions of User. In such case PayGo is entitled to require from User:

• to provide additional information on User’s activity (documented on paper); in case of refusal or failure to present such information within 15 (fifteen) days, PayGo shall block User Account;

• To present documents, specifying data, identifying User;

• To present a service agreement made with cellular communication operator, entitling User to use Customer number specified by User at registration of User Account in the Service.

PayGo shall undertake to permanently control over the confidentiality of personal details of User. PayGo shall undertake neither make use of nor disclose any information identifying User with the purpose not related to the execution and issuance of documents, making requirement or making settlement with User. Disclosure of any information may only be in such cases previously notified to User at the moment of obtaining of such information from User or with User’s consent. At that PayGo shall be entitled to give other persons an access to information on User only if User has directly expressed his/her interest in their goods, works or services.

If there are suspicious about any unauthorized access by third parties to User Account, PayGo is entitled to block User Account until the details are clarified.

PayGo is entitled at any time without any additional address notice to User, to develop and introduce additional safety measures to the use of Service. PayGo shall place a notice at the PayGo Website about introduction of such safety measures and actions of Users in connection with introduction of such measures (if applicable).

License Terms of Use of Service

A right holder of the Service is PayGo. Regulations of this section of the Agreement shall be the terms and conditions of License Agreement between PayGo and User (hereinafter referred to as “the Agreement”) User is a person using the Technology Solutions with such purposes stipulated by PayGo, including those not related to Use of Service.

PayGo shall free of charge and nonexclusively transfer to User the rights mentioned therein to the Technology Solutions provided that User shall observe any liabilities specified therein.

Agreement shall not mean the transfer to User of whatsoever rights to the Technology Solutions, save as explicitly listed therein or belonging to User in compliance with legislation of Cambodia. Other rights of PayGo to the Technology Solutions shall be protected with legislation of Cambodia as well as with other laws and agreements regulating any relations which may arise regarding the Technology Solutions.

The Agreement shall express User’s and PayGo’s good will, shall bear noncommercial nature and shall not be the grounds for money settlements or transfer of other material values. User shall undertake not to use any trade marks related to the Technology Solutions as well as neither use nor copy nor change nor amalgamate nor transfer copies of the Technology Solutions on any terms and conditions.

The Agreement shall become effective as of its approval. The beginning of Use of Service (confirmation) by User shall mean User’s agreement with all the terms and conditions of the Agreement.

The Agreement shall be terminated:

• On User’s initiative to stop Using Service;

• On PayGo’s initiative if User breaches the Agreement.

The Technology Solutions shall be submitted to User without any guarantees. PayGo shall not bear responsibility for any damage or loss of User or of third parties related to the use of the Technology Solutions in contravention of the Agreement or description of works of the Technology Solutions presented by PayGo, including but not limited to, any negative consequences for User’s software, equipment and Internet connection.

User shall not have the right to make use of the Technology Solutions to create any derivate therefrom or use such derivate without consent of PayGo.

If User intends to terminate the Agreement on his/her initiative or User receives a notice from PayGo on termination of the Agreement, User must stop using the Technology Solutions within 1 (one) day.

It shall be prohibited to break and decompile the Technology Solutions. The said prohibition shall be purposed to secure the safety of Users and continuity of the Service functioning.

Settlement of Disputes

All the disputes that may arise between the Parties during their fulfillment of their liabilities under this Agreement must be settled in the Court of Arbitration at place of registration of defendant.

Other Provisions

PayGo is entitled to bilaterally make any amendments to the Agreement by publishing at the PayGo website of the text of this Agreement containing such amendments (actualization of this Agreement). Amendments shall become effective as of their publishing, if other term of coming into force of such amendments has not been determined additionally upon publishing of actual text of this Agreement.

PayGo is entitled to terminate the Agreement if User infringes its terms and conditions or on other grounds stipulated with effective legislation.

User shall guarantee that all the terms and conditions of the Agreement are clear to him/her and User shall unconditionally and completely accept such terms and conditions.

User shall guarantee that he/she will not make use of the Service in other purposes than those stipulated in this Agreement.

For all User’s actions performed when Using Service, the time of their performance shall be determined under the server time of the system. As a language of this Agreement as well as a language used when any coordination of the Parties (including correspondence, making requests/notices/explanations, submission of documents and etc.) the Parties shall determine English. All the documents subject to be submitted in compliance with this Agreement must be executed in English or have translation into English certified in established order.

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Inaction of PayGo if User violates this Agreement shall not disentitle PayGo to protect its interests later, and also it shall not mean PayGo’s waiver of its rights if User executes such or similar breaches in the future.

The Agreement shall be deemed concluded on terms of this Agreement from the moment User has done actions purposed to register user account in the Service by any way whatsoever stipulated with this Agreement.

The Agreement may be terminated by User sending a written notice to PayGo. The Agreement shall be deemed terminated at the expiration of 30 (thirty) calendar days after PayGo has received the said notice. Refund of money to User, which are kept on User Account Balance at the moment of termination of the Agreement, shall be carried out by PayGo within 20 (twenty) bank days as of receipt of corresponding written request of User. At that, User’s written request must specify bank account details where cash assets must be returned, and must be presented documents confirming User’s right to such cash assets available on User Account Balance.

Contacts

If you have any questions related to the Service, please contact us

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