Terms and Conditions

Terms & Conditions – Mobile App

The following terms and conditions apply to your access and the use of the Mobile App and the services provided here in by BIC Bank lao Co., Ltd. By accessing any page of this Mobile App and/or using the services, you agree to be bound by these terms and conditions without limitation or qualification.

If you do not accept these terms and conditions, please immediately discontinue your access to this Mobile App and/or use of the services.

General

The term “BIC Bank” as used in these terms and conditions refers to BIC Bank Lao Co., Ltd. The term BIC Bank refers to BIC Bank Lao Co., Ltd and its branches, service unit either individually and/or collectively as the context requires.

All products and services of BIC Bank herein provided are subject to the terms and conditions of the applicable agreements governing their use. These terms and conditions are meant to regulate your access to the Mobile App and they are to be read together with the applicable terms and conditions governing any transaction(s), product(s) and/or service(s). In the event of conflict between these terms and conditions and the terms and conditions governing the relevant transaction(s), product(s) and/or service(s) provided herein, the latter will prevail.

The information, material, functions and content provided in the Mobile App may be changed from time to time with or without notice at BIC Bank’s absolute discretion. Your continued access or use of the website/Mobile App and/or the services provided herein subsequent to any such change will be deemed as your acceptance to those changes.

Summary of the Terms and Conditions

The Mobile App can be downloaded from the App store or Google play. You need to be an account holder of BIC Bank in order to use the app and please walk-in to any branches/service units to register your mobile number to allow access to the Mobile Apps. Please follow the instructions provided in the App in order to set-up a 6-digit Personal Identification Number (PIN). A PIN has to be set for each and every devise you will use to access your accounts. You will need this PIN each time you log-on or, to set up the Biometric Authentication.

Main Features of BIC BEST

The following are the services available in the BIC BEST as at the date of this document:

• View your account balances, transfer money between your Bank accounts.
• QR Code & Mobile Wallet
• Interbank transfers (IBFT Transfer)
• Transfers money to third-party BIC accounts, Payments to Credit Cards.
• Payment of utility bills, Mobile Top ups, postpaid and prepaid telephone bills.
• New and updated features may be added to the App from time-to-time. Details of any new or added features and how to access such features will be provided on the BIC Bank’s website when these features are launched.

Disclaimer

The materials and information in this Mobile App, including but not limited to services, products, information, data, text, graphics, audio, video, links or other items, are provided by BIC Bank on an “as is” and “as available” basis. References to material and information contained in the Mobile App include such material and information provided by third parties.

BIC Bank does not make any express or implied warranties, representations or endorsements including but not limited to any warranties of title, non-infringement, merchantability, usefulness, operation, completeness, currentness, accuracy, satisfactory, quality, reliability, fitness for a particular purpose in respect of the Mobile App, the material, information and/or functions therein and expressly disclaims liability for errors and omissions in such materials, information and/or functions. Without derogation of the above and or the terms and conditions of the applicable agreements governing all the products and services of BIC Bank, reasonable measures will be taken by BIC Bank to ensure accuracy and validity of all information relating to transactions and products of BIC Bank which originate exclusively from BIC Bank.

Further, BIC Bank does not warrant or represent that access to the whole or part(s) of this Mobile App, the materials, information and/or functions contained therein will be provided uninterrupted or free from errors or that any identified defect will be corrected, or that there will be no delays, failures, errors or loss or transmitted information, that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your computer system.

The materials, information and functions provided in this Mobile App shall not under any circumstances be considered or construed as an offer or solicitation to sell, but, give, take, issue, allot or transfer, or as the giving of any advice in respect of shares, stocks, bonds, notes, interests, or other securities, investments, loans advances, credit or deposits in any jurisdiction.

You shall be responsible to evaluate the quality, adequacy, completeness, currentess and usefulness of all services, content, advice, opinions and other information obtained or accessible through the Mobile App; further, you should seek professional advice at all times and obtain independent verification of the materials and information provided herein prior to making any investment, business or commercial decision based on any such materials or information.

Acceptance of the App Terms

You, as a user, is entitled to use this Mobile App in accordance with what is being established in these App Terms.

Security

• You should make sure you keep your mobile phone/ tablet and your log on details safe and secure.
• You must notify the Bank know as soon as possible for any lost, stolen, misappropriated or use without your authorization.
• The responsibility is on the users for any unauthorized payments made from your accounts if you have not kept your mobile phone/tablet and your log on details safe.
• In case of Biometric Authentication, you should enable Touch ID/Fingerprint if you are the only person who has registered your fingerprints on the device.
• You may be responsible, either in whole or in part for any unauthorized payments made from your accounts if your fingerprints are not the only fingerprints registered on this device.

Charges

BIC Bank (“The Bank”) does not charge for the Mobile App however, your mobile network operator may charge you to access the App. These charges may vary if you access the App from abroad. You are responsible for these charges and you are responsible to review any applicable fees chargeable by your mobile network operator to access and operate this App.

Changes to the Terms

The Bank reserves the right to change the terms of the Mobile App at any time the Bank deem necessary. Where the change is material or relates to new charges, the Bank will notify users on the changes at least 14 calendar days in advance. Where the changes are for your benefit and/or are not material, the Bank will notify users of these as soon as reasonably practicable.

The Bank may change the App Terms (including, but not limited to, introducing new charges and changing the types of payments you can make using the Mobile App) for any of the reasons set out in the Product Terms. The Bank may also change the App Terms for any other valid reason. The Bank will notify users on any material changes or any new charges either by post, by e-mail, by secure e-message, or by placing details of the change/new charges within your or notice boards at branches/Service Units, or publishing on our website at least 14 calendar days before the changes take effect. Where the changes to the App terms are for your benefit and/or are not material we will notify you of these as soon as reasonably practicable.

If the Bank provides you with notice that we are going to make changes to the Terms & Conditions, Users can choose to discontinue using this product before the change takes effect without charge. If users fail to inform the Bank on the discontinuation to end using this product, then the Bank will assume that users have accepted the change and it will take effect automatically once users uses of the App.

Using the Mobile App

• You must be registered for Internet Banking to be able to use the Mobile App.
• The Mobile App can be used on a mobile device running an operating system supported by the Bank.
• Before you can log-in the app, you need to activate the app by inserting the security code or by receiving an activation code (OTP).
• You then need to create a new 6-digit PIN this has to be used whenever you log-in.
• Once the PIN is set, you can use either the PIN or the biometric authentication to log-in the Mobile App.
• The Bank may notify you from time-to-time on changes in the security information.
• The Bank will automatically log you out of the Mobile App if you do not use it for a stipulated amount of time.

Services

The following are the services available through the Mobile App as at the date of this document:

• View your accounts through a single log in
• Check balance of your BIC accounts
• View recent transactions
• Make transfer between BIC accounts
• Interbank transfer to BCEL
• Make payments of utility bills
• Mobile top ups and payment of telephone bills

Other services may be introduced from time-to-time. Details of such other services and any restrictions that may apply will be provided on BIC Bank’s Mobile App when these products/services are launched.

User’s Obligations

• You must not copy or reproduce all or any part of the Mobile App.
• You must not alter, modify or adapt all or any part of the Mobile App.
• You must not remove or tamper with any copyright notice attached to or contained within the Mobile App.
• All ownership in the Mobile App remains with the bank.
• You must not carry out reverse engineering of the Mobile App.

Service Availability

While the Bank make reasonable efforts to provide the Mobile App services, we will not be liable for any failure to provide those services, in part or in full, due to abnormal and unforeseen circumstances beyond our control, the consequences of which would have been unavoidable despite all efforts to the contrary. This includes but not limited to any phone network failures or, in the case of mobile networks, where you are not in an area of mobile coverage.

The Mobile App is provided “as is” with no representation, guarantee or agreement of any kind as to its functionality. The Bank cannot guarantee that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your mobile device. The Bank will not be held responsible for any loss you may incur as a result of this.

The Bank is responsible for the Mobile App and its content. Apple Inc. or Google Inc., do not have any responsibilities or obligations to you in relation to the Mobile App and will not provide any maintenance and support services for the Mobile App.

The Mobile App may only be installed and used by customers of BIC Bank Lao Co., Ltd. only.

Use of location data

Certain services in the app, information about users’ physical location sent from your mobile device (e.g. GPS signals). If you use these services, you consent to us, our partners and licensees, and Google accessing, monitoring, transmitting, collecting, maintaining, disclosing, processing and using your location data. This also means that if you use the services you are consenting to

• the terms and conditions, and privacy policy, of this Mobile App.
• the terms and conditions, and privacy policy, of Google.

You will be asked to consent to the use of location services when you download the Mobile App. You may withdraw this consent at any time by turning off or disallow the location services settings on your mobile device.

Access to Google Maps/Google Earth APIs through the Mobile App is subject to the separate Google terms and conditions available at

http://maps.google.com/help/terms_maps.html and http://www.google.com/enterprise/earthmaps/legal/ universal_aup.html

You should review meticulously these conditions before using the services. The Bank will not be responsible for the content of the terms and conditions of Google and the Bank will not be held liable in any way for any losses resulting from any terms and conditions of Google or other losses otherwise related to their services.

Users’ Security Obligations

Users must take all reasonable precautions to keep safe and prevent fraudulent use of your mobile device, Personal Identification Number or any other security information.

These precautions include:

• never in any circumstances, write down or otherwise record your Personal Identification Number in a way that can be understood by someone else;
• not choosing a Personal Identification Number that may be easy to guess;
• taking extra care to ensure that no one hears or sees your Personal Identification Number when you use it;
• keeping your Personal Identification Number unique to the Mobile App;
• not disclosing your Personal Identification Number to anyone, including the police and the Bank under any circumstances;
• changing your Personal Identification Number immediately and telling us as soon as possible in accordance with clause if you know, or even suspect, that someone else knows your security details, or if we ask you to;
• keeping your Personal Identification Number and mobile device safe;
• complying with all reasonable instructions we issue regarding keeping your Personal Identification Number safe;
• once you have logged onto the Mobile App do not leave your mobile device unattended or let anyone else use your mobile device;
• logging out of the Mobile App once you have finished using the Mobile App services, and in particular not leaving the Mobile App running in the background whilst logged in (e.g., whilst multi-tasking, or running other apps);
• follow all security measures provided to you by the manufacturer of your mobile device operating system that apply to your use of the Mobile App or your mobile device (although you should never disclose your security details to them or information about your accounts with us);
• undertake reasonable and adequate precautions to scan for mobile phone or other destructive properties;
• if you activate Biometric Authentication method you must ensure that only your fingerprints are registered on the device.

You shall be responsible for any unauthorized payments made from your accounts if you have not kept your mobile device and your security details safe, and/or if yours is not the only fingerprint registered on the device and you have activated fingerprint logon.

You must not use the Mobile App on any device or operating system that has been modified outside the mobile device or operating system vendor supported or warranted configurations. This includes devices that have been “jail-broken” or “rooted”. A jail broken or rooted device is a device that has been freed from the limitations imposed on it by your mobile service provider and the phone manufacturer without their approval.

After initial registration the Bank will never contact you (or ask anyone to do so on our behalf) with a request to disclose your log in details. If you receive any such request from anyone (even if they are using the name and logo of the Bank and appear to be genuine) then it is likely to be fraudulent and you must not divulge your log in details to them in any circumstances. Additionally, you should report any such requests to us immediately.

You will be responsible for all instructions given by you or anyone acting with your authority between when you log onto the Mobile App until you log off the Mobile App and/or the whole duration the Mobile App is active.

You are responsible for making sure information shown or stored on your mobile phone is kept secured.

Users must advise the Bank of any changes made to your mobile phone number without delay.

Breach of Security

If you know or suspect that someone else has information of your log in details, or has used or tried to use them, or if your mobile device is lost or stolen you must inform the Bank immediately without delay by calling us on Hotline Number. Lines are open 24 hours a day, 7 days a week. We may ask you to co-operate with us and the police into the actual or suspected misuse of your security details, the Mobile App or your Account(s).

Unauthorized transactions

Please refer to the Product Terms for details about unauthorized transactions. You will be responsible for all losses arising from unauthorized transactions on your Account as a result of;

• You acting fraudulently, or
• You intentionally or with gross negligence failing to use the Mobile App in accordance with the App Terms (including keeping safe your Mobile Banking security details), or
• You intentionally or with gross negligence fail to notify us in accordance with the above para (Breach of Security), if you know or suspect someone else knows your Mobile Banking security details or has used or tried to use your security details.

Abnormal and Unforeseen Circumstances

The Bank will not be responsible if the Bank do not comply with any of the App Terms:

• Due to abnormal and unforeseeable circumstances beyond our control, the consequences of which would have been unavoidable despite all efforts to the contrary;
• or
• Where our failure to comply is due to our obligations under the Law of Lao P.D.R, and/or International law.

Termination

The Bank reserves the right to terminate and/or suspend your access to the Mobile App and/or your use of the Mobile App at any time, for any reason. In particular, and without limitation, The Bank may terminate and/or suspend your access should you violate any of these terms and conditions or violate the rights of BIC Bank of any other user, or of any third party.

The Bank can also suspend the App for reasons related to certain upgrades or new features, for system maintenance issues or when contracting new providers. The Bank will within reasonable measures try to notify users in advance but may not always be able to do on time due to the nature of the system maintenance.

Termination/suspension of service will be done if the Bank feels it is reasonably necessary due to the following (non-exhaustive) reasons:

• The Bank have concerns about the security of the Mobile App; or
• The Bank suspect that your Mobile App or has been used fraudulently or in an unauthorized manner; or
• There is a significantly increased risk that you will be unable to meet your obligations to the Bank; or
• There are system maintenance issues which need to be addressed promptly; or
• New upgrades or features are being introduced to the Mobile App;
• The Mobile App or provider is being changed; or
• There are legal obligations the Bank have to meet be it local or International.

The Bank, on normal circumstances, will give users advance notice of any suspension with reason. However, we will not do so if this would compromise our reasonable security measures or it is unlawful to do so.

If users entered incorrect log in details for three consecutive times, the Bank will suspend the access to the Mobile App. Users will need to call the Bank on the Bank’s HOT LINE NUMBER to re-establish access. Alternatively, you can request for a PIN reset through the Mobile App, by requesting for an OTP or visit any of our Branches and/or Service Units.

Users Right to Terminate

User can cease using the Mobile App at any time by contacting us via telephone or by visiting any of our branch/Service Units. No charges will be levied for cancellation of this product. In this case, users should delete the Mobile App from your mobile device.

The Bank’s Rights & Obligation

The Bank reserves the right to discontinue providing this service to users immediately and without any advance notice for the following (non-exhaustive) situations;

• If you have not used the Service and Mobile App for a period of time as stipulated by the Bank’s T&C on dormant status. Users must visit any of BIC branches/service units to re-activate the status of your account to normal in order to access the Mobile App again; or
• If the user has seriously or persistently broken any of the App Terms or the Product Terms including but not limited to where; or
• Users are, or the Bank reasonably suspect users may be, using or obtaining, or allowing someone else to use or obtain, an account, service or money illegally; or
• The Bank reasonably suspect your account is, being used for an illegal purpose; or
• The Bank reasonably suspect you may be, acting fraudulently; or
• Users act in an unacceptable way, for example you act in a threatening or violent manner towards staff; or
• Users were not entitled to download the App for reasons the Bank deem to have reasonable grounds; or
• The Bank have reasonable grounds to suspect that your Personal Identification Number was not kept safe; or
• The Bank have reasonable grounds for believing you have committed or are about to commit a crime in connection with your account; or
• Users do not satisfy the anti-money laundering requirements; or
• There has been or the Bank suspects there has been fraud involving any of your accounts or any transactions on any of your accounts maintained with BIC Bank; or
• If there has been or the Bank suspect there has been suspicious activity on your account; or
• The Bank have reasonable grounds to suspect unauthorized or fraudulent use of your security details; or
• If the Mobile App is withdrawn by the manufacturer of your mobile device operating system or, any intermediary; or
• If the Bank stop supporting the Mobile App on your mobile device or the operating system it runs; or
• If you stop holding any account, product or service in respect of which the Mobile App may be used; or
• The Bank may be in a situation where it is deemed to be non-compliant in accordance to any laws, regulations, codes, court orders or other duties; or
• The Bank may be exposed to risk or action/sanctioned by any government, regulator or law enforcement agencies.

The Bank, to the best of its ability will notify users after the Bank terminates the Mobile App. Notification can be either via SMS, post, e-mail, or in any other method that will be sent to you individually and/or via publishing on the Bank’s website.

The Bank may in any case should the need arise to end offering this product to any of its users, for any reason whatsoever, the Bank will do so by giving users (individually or collectively) at least three weeks’ notice. This may happen if, for example, the replace the Mobile App.

Should the termination of this Mobile App be applicable to any of the user(s) for any reason, the following actions must be taken by the user(s);

• User must remove the Mobile App from your mobile device;
• destroy all copies of the Mobile App including all components of it in your possession; and
• All rights you have in respect of the Mobile App will immediately be terminated.
• User must delete the Mobile App from your mobile device if you change your mobile device or dispose of it.

Links

Links from or to websites outside this Mobile App are meant for convenience only. Such linked websites are owned and operated by third parties and as such are not under the control of BIC Bank. Therefore, BIC Bank shall not be responsible and makes no warranties in respect of the contents of those websites, the third parties named therein or their products and services. Furthermore, the links provided in this website shall not be considered an endorsement or verification or approval as such linked websites or the contents therein. Linking to any other site is at your sole risk and BIC Bank will not be responsible or liable for any damages in connection with linking. It is advisable for you to read the privacy policy statements (if any) of any websites which are linked to this website.

Copyright

Unless otherwise indicated, the copyright in this website/Mobile Apps and its contents, including but not limited to the text, images, graphics, sound files, animation files, video files, and their arrangement, are the property of BIC Bank, and are protected by applicable Laos P.D.R and International copyright laws. No part or parts of this website/Mobile App may be modified, copied, distributed, retransmitted, broadcast, displayed, performed, reproduced, published, licensed, transferred, sold or commercially dealt with in any manner without the express prior written consent of BIC Bank Lao Co., Ltd.

You also may not, without BIC Bank’s expressed prior written consent, insert a link to this website/Mobile App on any other website, frame or “mirror” any material contained on this website on any other server.

Any such unauthorized reproduction, retransmission or other copying or modification of any of the contents of BIC Bank website/Mobile App may be in breach of statutory or common law rights which could be the subject of legal action.

BIC Bank disclaims all liability which may arise from any unauthorized reproduction or use of the contents of this BIC Bank’s website/Mobile App.

Trademarks

All trademarks, service marks, and logos displayed in this website/Mobile Apps are the property of BIC Bank and/or the respective third-party proprietors as identified in the website.

Unless the prior written consent of BIC Bank or the relevant third-party proprietor of any of the trademarks, service marks or logos appearing on the website/Mobile Apps has been obtained, no license or right is granted to any party accessing this website/Mobile Apps to use, download, reproduce copy or modify such trademarks, services marks or logos. Similarly, unless the prior written consent of BIC Bank or the relevant proprietor has been obtained, no such trademark, service mark or logo may be used as a link or to mark any link to BIC Bank website/Mobile Apps or any other site.

Exclusion of Liability

BIC Bank and/or its partners herein shall in no event be liable for any loss or damages howsoever arising whether in contract, tort, negligence, strict liability or any other basis, including without limitation, direct or indirect, special, incidental, consequential or punitive damages, or loss profits or savings arising in connection with your access or use or the inability to access or use this website/Mobile Apps (or any third-party link to or from BIC Bank website/Mobile Apps), reliance on the information contained in the website/Mobile Apps, any technical, hardware or software failure or any kind, the interruption, error, omission, delay in operation, computer viruses, or otherwise.

This exclusion clause shall take effect to the fullest extent permitted by law.

Indemnity

You hereby irrevocable agree to indemnify and keep indemnified BIC Bank from all liabilities, claims, losses and expenses, including any legal fees that may be incurred by BIC Bank in connection with or arising from (1) your use or misuse of this website/Mobile App and the services provided herein, or (2) your breach of these terms and conditions howsoever occasioned, or (3) any intellectual property right or proprietary right infringement claim made by a third party against BIC Bank in connection with your use of this website/Mobile Apps.

Miscellaneous

If any part of these terms and conditions is determined to be invalid or unenforceable pursuant to applicable law, then the invalid and unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the provisions of the terms and conditions shall continue in full force and effect.

The failure of BIC Bank to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision.

Any rights not expressly granted herein are reserved.

Users’ Statutory Rights

Nothing in these Terms will reduce users’ statutory rights including your rights relating to miss-described accounts or services, the fairness of terms on which they are provided to you, any rights you may have to close your account and/or claim compensation.

Governing Law and Jurisdiction

These terms and conditions are governed by and are to be construed in accordance with the laws of Lao P.D.R. By accessing the App and/or using the services provided herein by The Bank, you hereby consent to the exclusive jurisdiction of the Lao P.D.R courts in all disputes arising out of or relating to the use of this App.

The Bank, makes no representation that the materials, information, functions and/or services provided on this Apps are appropriate or available for use in jurisdictions other than Lao P.D.R.

Data Sharing

The Bank at any point of time may use services provided by a third party on behalf of the Bank which may include the sharing of some of users’ information with them.

The Bank will take reasonable measures to ensure that there would not be any data sharing to be allowed.

Agreed on this Term and Condition

• By checking this box means you agreed with this term & condition.

Please discontinue the access if you are not agreed with this term & condition.