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Introduction
These Terms and Conditions apply to the users of Pei Beta Services. The Terms and Conditions of this Agreement shall apply to and govern your access and use of making payments through an online payment gateway in connection with Pei Beta Services offered. Copies of the Pei Beta Services Terms and Conditions may be obtained from our website at www.peibeta.com. It is important that you read and understand these Terms and Conditions before using our Pei Beta Services. By using our Pei Beta Services, you agree that these Terms and Conditions apply to you and you will comply with them. If you do not understand any part or if you have any questions, please email your queries to [email protected]. All other Terms and Conditions applicable to your Accounts, including other agreements you have with Pei Beta Services, now or in the future, remain in effect and are made a part of this Agreement by reference unless specifically modified.
- Definitions and Interpretation
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Interpretation
The use of headings are inserted for convenience and ease of reference only and are not to be considered in the interpretation or construction of any provision of these Terms and Conditions
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Definitions
Account/s means any bank account capable of facilitating and conducting financial transaction.
Account Holder means a person or entity who has an account with any bank in their own name or, if in joint names, in respect of which your nominated bank may act on the instructions of any 1 or more of them.
Bank, or nominated bank means a body corporate licenced as a bank under the Banks and Financial Institution Act.
Business Day means any day other than the weekends or a day gazetted as a public holiday throughout Papua New Guinea in which the banks in Papua New Guinea are open for business and are able to effect settlement through the Central Bank of PNG.
Device means any electronic device used to access any of the Bank’s Pei Beta Services (this includes desktop, laptop, tablet and other handheld computers along with mobile phones).
Email Security Code is a system generated code used to activate your account via your registered email.
Force Majeure means any act of nature, war, riot, sabotage, revolution, or any other unlawful act against public order or authority, an industrial or labour dispute, a governmental restraint, civil unrest, power shortages or power failure, sudden or unexpected system failure, or any other event or cause which is not within the reasonable control of or you.
Mobile Device is a device that you have registered for use in connection with Pei Beta services.
Nominated Account means the bank account(s) you hold with any bank that has/have been nominated by you to be accessed via our Pei Beta Services.
Monetary Transactions refers to transfer of funds from your nominated account/s, which are linked to the Beta Pei Service
Non-Monetary Transactions refers to transactions where monies are not withdrawn from your account.
Our, Us, We means Kina Securities Limited trading as Kina Bank.
Password means a confidential password used to prevent unauthorised access to and use of your accounts, used with your Username to give you access to Pei Beta Service.
Payment means monetary transactions from your bank account to an account of a Third Party Service Provider.
Pei Beta, Pei Beta Service, Pei Beta Services means the online payment gateway service offered by us, and are used interchangeably.
Terms and Conditions means these Terms and Conditions as amended from time to time by Pei Beta Services
Unauthorised Transaction means any transaction made without your knowledge or consent.
Username means the unique name that you create to allow you to log in. It must have a minimum of five characters and up to a maximum of thirty characters.
Website means Pei Beta website accessible at www.peibeta.com .
You and Your means the person who has accepted these Terms and Conditions, has an account in his or her own name or in joint names, liable for the use of the account jointly or severally and on whose instructions Pei Beta Services may act.
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Interpretation
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General Information on our Pei Beta Terms and Conditions
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Pei Beta Services
3.1.1. To use Pei Beta Service, you will need to have access to the Internet on a device running a current version of a supported internet browser. You are responsible for acquiring and maintaining any equipment (such as a computer, electronic tablets, mobile phone, or touch tone telephone), which may be necessary for your continued access to and use of the Pei Beta Service. You are responsible for the costs of maintaining your electronic devices and all communication costs. -
Registration
Pei Beta offers self-registration for users via www.peibeta.com. - Access to your Accounts
- You can access Pei Beta Service by creating an account using your existing email address. You must create a User ID and password when you self-register. When you first access Pei Beta Service, you will be required to accept the Pei Beta Service Terms and Conditions, and you will receive a 6-digit activation code via your email. For a strong security password, we recommend that your password comprises of both alpha and numeric characters with a minimum of 8 and maximum of 16 characters.
- Our Pei Beta Services are available 24 Hours, 365 days a year except for downtime to allow for maintenance of the system. We may also rely on third parties to make Pei Beta Services available (like software providers, network service providers and internet service providers). There may be other times when Pei Beta Services are limited or unavailable.
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Pei Beta Services
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Your Instructions and Processing your instruction
Pei Beta Services may act on instructions from you (including those given by telephone or in any other electronic form). Pei Beta can ask you to prove your identity and also delay or refuse to act on your instructions where it is necessary to comply with the law or to protect our interests. -
General
You must ensure that there are sufficient funds in your bank account(s) in order to process your instruction. You can do the following transactions payment using Pei Beta Services:- View Transaction History;
- EasiPay Top Up;
- Mobile Top Up; and
- Bill Payment.
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Restrictions
Restrictions and other requirements may apply as required by Law or in accordance with our policies. If they do, Pei Beta will notify you of such restriction and requirement. -
Processing
- The processing of your transaction will generally involve the following:
- Transaction between your nominated linked account to the Service Provider in real time the moment your instruction is received by Pei Beta Services; or
- on the same day your instruction is received by Pei Beta ; or
- within the processing times applicable to such transaction at Pei Beta’s discretion.
- Pei Beta will only ensure the transactions are made at the times as above stipulated. Pei Beta does not guarantee that this will immediately show on your nominated beneficiary account..
- International payments made from your Account(s) linked through our Pei Beta Services are subject to:
- Foreign exchange control regulations and restrictions / requirements as applicable under Law;
- Currency exchange rates applicable to the transaction on the day;
- Your nominated bank will notify you of any restriction / requirements regarding foreign currency exchange; and.
- Your nominated bank’s international payments application approval process.
- The processing of your transaction will generally involve the following:
- Limits
- All transactions conducted through Pei Beta Service are subject to:
- Either daily or monthly Limit refers to the maximum allowable cumulative amount for all transaction types initiated through Pei Beta within a 24 hour period; and
- Authorization Limit means the maximum limit which an Administrator may authorise per transaction on nominated beneficiary accounts through Pei Beta Service and is only applicable to a business or entity registered with Pei Beta.
- All transactions conducted through Pei Beta Service are subject to:
- Liability for Instructions
- Pei Beta will treat any instructions given to it using your User ID and Password as an instruction given by you with your authority. Pei Beta is under no obligation to enquire whether an act purporting to be done using your User ID and Password is a proper act in accordance with your authority.
- Pei Beta will not be liable for any loss or damage suffered by you arising from any transactions effected in accordance with instructions given to Pei Beta using your User ID and Password.
- Pei Beta will not be liable for any claims against or sustained by you arising from delays or errors in the execution of or failure to execute any instructions occasioned by fault or negligence of any other banks or financial institutions.
- Pei Beta will not be liable for or in connection with its inability to receive or process instructions as a result of technical failure for any reason.
- Protecting Your Security Identification
- Banks generally employ a range of security measures including firewalls and data encrypting protocol to help provide a secure avenue for your internet transactions. Pei Beta does not guarantee that any data transmission over the internet is totally secure.
- Your password and Security Identification are key to accessing your accounts electronically. The security of your password and security identification are very important.
- Please follow the following advice to help protect your password:
- Inform your Bank immediately if you suspect that your password has become known to persons other than your Authorised Users;
- Change your password regularly;
- Keep your password for our Pei Beta Services different from your other and passwords; and
- If you have difficulties changing your access to Pei Beta, please contact Pei Beta Services at [email protected] .
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Pei Beta Services
- You can use Pei Beta to perform electronic services provided in clause 5.
- To use Pei Beta Services you must have a Mobile Device running a compatible Mobile Operating system.
- You may register with Pei Beta to use the Pei Beta Services and where you will be issued a user name and password.
- The Pei Beta Services will only be used to complete basic monetary and non-monetary transactions including transaction history of your accounts. The types of transactions available may be varied at our discretion.
- You are responsible for acquiring and maintaining any equipment (such as a computer or mobile device) which may be necessary for your continued access to and use of our Pei Beta Service. You are responsible for the costs of maintaining your mobile device.
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Intellectual Property
- Pei Beta Services and its original content (excluding Content provided by You or other Users), features and functionality are and will remain our exclusive property.
- Pei Beta Services is protected by copyright, trademark, and other laws of Papua New Guinea. .
- Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.
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Liability for Unauthorised Transactions
- You will be liable for any loss of funds arising from any unauthorised transaction on your Account if the loss occurs before you notify Pei Beta that your user name and password has been misused, or become known to someone else and if:
- You fail to look after and keep your password and username secure in accordance with these Terms and Conditions; or
- You unreasonably delay notifying Pei Beta of the misuse, loss or theft of your password and username or of it becoming known to someone else and the loss occurs between the time you did, or should reasonably have become aware of these matters, and the time you notify Pei Beta; or
- You voluntarily disclose your user name and password; or
- You kept a record of your user name and password without making a reasonable attempt to disguise it; or
- You otherwise fail to protect the security of your password and username.
- You will be liable for any loss of funds arising from any unauthorised transaction on your Account if the loss occurs before you notify Pei Beta that your user name and password has been misused, or become known to someone else and if:
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Other Liability
- Subject to clause 18 and to the extent permitted by law:
- You agree that we will not be responsible for any liability, damage, loss including legal costs, whether consequential or not, whether directly or indirectly from any error, delay, failure in performance, inability to use the Pei Beta Service or of any of its obligations caused by circumstances beyond Pei Beta's control (including, but not limited to, the unavailability of the Pei Beta Service or any delay, error or failure to carry out an Instruction for any reason), except for wilful default on the part of Pei Beta, or a breach of a condition or warranty implied by statute in contracts for the supply of services which cannot be excluded, modified or restricted.
- You will be liable for and agree to indemnify us against any loss or damage we may suffer because you did not observe your obligations under these Terms and Conditions or acted negligently or fraudulently when using the Service.
- We shall not be liable if you do not have sufficient available funds in your designated Account to complete the transaction you initiate or if the account is closed or suspended.
- We shall not be liable if you have not given Pei Beta proper instructions.
- We shall not be liable if the funds in your designated account are subject to legal process or other encumbrance restricting such payment or transfer.
- We shall not be liable if you or anyone you permit to utilise Pei Beta Services and your user name and password commits any fraud or violates any law or regulation.
- Subject to clause 18 and to the extent permitted by law:
- Indemnity
- You agree to release and keep indemnified from all actions, suits, proceedings, claims, costs and demands that may be brought or incurred by or against us arising from the following:
- From failure to provide or any unauthorized or incorrect instructions, confirmations, notifications or requests to by person using your security identification;
- By indirectly or directly not complying with the terms and conditions.
- You agree to release and keep indemnified from all actions, suits, proceedings, claims, costs and demands that may be brought or incurred by or against us arising from the following:
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Variation of these Terms and Conditions
- We reserve the right to amend, modify, revoke, or cancel the Terms and Conditions that apply to our Pei Beta Services. We may also change and upgrade our Pei Beta Service at any time. We will notify you of the changes at least 7 days before we make any changes in any one of the following ways:
- Writing to you or send you an email;
- Putting up information on our website;
- Advertising the changes in the daily newspaper.
- Your continued use of these Service (s) following a change or amendment constitutes your acceptance of any changes or amendments to this Agreement.
- We reserve the right to amend, modify, revoke, or cancel the Terms and Conditions that apply to our Pei Beta Services. We may also change and upgrade our Pei Beta Service at any time. We will notify you of the changes at least 7 days before we make any changes in any one of the following ways:
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Governing Law
You acknowledge that these Terms and Conditions are governed by and shall be construed in accordance with the laws in force in the Independent State of Papua New Guinea and you submit to the non-exclusive jurisdiction of the courts in the Country. - Force Majeure and Schedule Down Times
We will not be liable for any loss or damage suffered by you if the loss or damage resulted from a force majeure event including during scheduled downtime. -
Money Laundering and Counter Terrorism Financing
- You acknowledge that we are subject to the anti-money laundering and counter terrorism laws in Papua New Guinea and overseas which may prohibit us from entering or concluding transactions involving certain persons, entities or jurisdictions. Our obligations mean that:
- We may be required to obtain additional information from you to assist us in compliance obligations or where required by any law in Papua New Guinea or any other country;
- We may also disclose any information provided to us or any other information where required by law in Papua New Guinea or any other country;
- Your transactions may be delayed, blocked or frozen if we believe on reasonable grounds that making a payment may in breach of the law in Papua New Guinea or any other country.
- We will incur no liability to you if we delay or block any transaction or refuse to pay any money in the reasonable belief that a transaction or payment would contravene any law in Papua New Guinea and or any other country.
- You acknowledge that we are subject to the anti-money laundering and counter terrorism laws in Papua New Guinea and overseas which may prohibit us from entering or concluding transactions involving certain persons, entities or jurisdictions. Our obligations mean that:
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Termination and Suspension
- You may stop your use of our Pei Beta Service at any time. We may also terminate the Pei Beta Service at any time without any notice subject to our discretion.
- We may suspend or terminate your use of our Pei Beta Service at any time without giving you notice where we reasonably believe the access should be suspended or terminated, for example where we believe that there is a risk of fraud or security breach, or where you have not accessed the Pei Beta Service for a lengthy period.
- If we consider a security issue has arisen for which further inquiries are desirable we may suspend access to our Pei Beta Service to you with or without notice to you.
- In the event we exercise our rights contemplated in this Clause, we shall not be liable for any losses, which you may suffer or have suffered as a result. In the event that your access to our Pei Beta Service is:
- terminated, any unprocessed transactions including Future-dated and Recurring Transfers will be cancelled;
- suspended, any unprocessed transactions including Future-dated and Recurring Transfers will be processed subject to available funds in your Funding Account.
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Fees and Charges
You are responsible for all charges by an internet service provider and mobile or telephone operator when you access any Pei Beta Service. -
Refund
- When you perform electronic services provided in clause 5 and the transaction is ultimately refunded, the money will typically be refunded to the original paying method you used for the transaction.
- If international payment(s) is made from your account(s) linked to our Pei Beta Services and a refund is issued, different rate is applied for the refund.
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Privacy
- When you register for Pei Beta, you acknowledge that we are likely to collect and use some of your information including details about your transactions, your financial conditions, and your account relationship with us (collectively referred to as "Information").
- We may collect your Information for the following:
- To assist in providing information about a product or service;
- To consider your request for a product or service;
- To enable us to provide a product or service;
- To tell you about other products or services that may be of interest to you;
- To assist in arrangements with other organizations (such as subsidiary companies) in relation to the promotion and provision of a product or service;
- To perform other administrative and operational tasks (including risk management, systems development and testing, credit scoring, staff training, and market or customer satisfaction research);
- To prevent or investigate any fraud or crime; and
- As required by relevant laws, regulations, codes and external payment systems inside and outside Papua New Guinea.
- You can seek access to the personal information we hold about you, subject to certain exceptions. If the information we hold about you is inaccurate, incomplete, or out of date, please inform us so we can correct it. If you do not provide some or all of the Information requested, we may be unable to provide you with a product or service including access to Pei Beta Services.
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Confidentiality
- When you register for Pei Beta, you consent to us:
- Collecting your information to enable it to provide the service or product applied for; and
- Disclosing your information to:
- Any service provider engages to carry out or assist its functions and activities;
- Any third party providing you with a product or service in relation to your account;
- Credit reporting or debt collecting agencies, and any credit provider to help you avoid a default on your obligations, or to inform them of your default to participants in the payments system (including financial institutions, merchants and payments organizations);
- Any of its branches, subsidiaries, affiliate or agent , including its employees, auditors and legal advisors;
- Other parties which is authorized, required by law or compelled by court order to disclose information to Your authorized agents or executor, administrator or legal representative;
- Any person where in our view the disclosures are necessary or desirable for the purpose of allowing to perform its duties and exercise its powers and rights under the Terms and Conditions.
- When you register for Pei Beta, you consent to us:
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Assignment
- You shall not transfer and / or assign any or all or part of your rights, benefits and / or obligations under these Terms and Conditions or any document related thereto without the prior written approval of Pei Beta.
- If Pei Beta transfers or assigns under this Clause, you acknowledge that it is authorized to disclose any relevant information to such subsidiary or affiliate and you agree to take such actions and sign such documents as Pei Beta may reasonably require to complete any approval, filing or registration formalities which are necessary for such transfer and / or assignment.
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Complaint and Dispute Resolution
- If for any reason you register a complaint, you can do so by emailing through Pei Beta’s website at www.peibeta.com .
- Pei Beta Services will make every effort to answer your query or resolve your complaint quickly and fairly. If you think your enquiry has not been dealt with properly, email at [email protected] .
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Disclaimer of Warranties
You expressly understand and agree that use of the Pei Beta Service is at your sole risk subject to these Terms & Conditions. Subject to these Terms & Conditions, we expressly disclaim all warranties of any kind, whether expressed or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.