Mpay Terms and Conditions

GENERAL TERMS AND CONDITIONS OF THE MPAY SERVICE

 

These general terms and conditions of use of the MPAY Service (hereafter, the “General Terms and Conditions”) provide a general overview of the rights, obligations as well as conditions of use of  the cashless payment service offered by Bank (hereafter “MPAY Service”) and constitutes the agreement by and between the Bank and the User.

 

1. DEFINITIONS

 

• Banka – shall mean Raiffeisen Bank Sh.a., with seat at Rr. Kavajës Tiranë, registered with the Subject Unique Identification Number (NUIS) J61911005B;
• Urdhërpagesa – is the process of the request and authorization issued by the User to the Bank, which contains the request and data for the performance of the relevant payment. When the Payment Order has been correctly executed by the User pursuant to the procedure set out in Article 3 of these General Terms and Conditions, such Payment Order shall have the same force as if it were issued in writing and bearing the signature of the User;
• Top Up – is the process of recharging pre-paid mobile telephone cards with airtime;
• User – is the client of the Bank, who owns at least one current account in Lek with the Bank and who having preliminarily signed these General Terms and Conditions as well as the relevant form, can use the MPAY Service pursuant to these General Terms and Conditions;
• Merchant – is any physical and/or legal person, who offers to the public products, prepaid services and/or services, for which services such merchant issues binding bills to the User, and which offers to the User the possibility of paying bills/services through the MPAY Service;
• Personal Identification Number (PIN) – is a code (a series of numbers) which makes possible the unique recognition of the User in the MPAY Service;
• Work Days – shall mean every day of the week from Monday to Friday, with the exception of public holidays;
• USSD Menu or #777# Menu – is the mobile phone menu through which the User shall be able to access and use the MPAY Service;
• MPAY Raiffeisen Application or Application or – is the mobile application, that can be downloaded and used by smartphones or tablets with an Android or iOS operating system, through which the User shall be able to access and use the MPAY Service;
• Bill Alert Service or SMS Alert – is one of the options of the MPAY Service, which can be activated by the User by sending an SMS to 55000 (price of SMS 10 Lek, VAT excluded), via the USSD Menu or via the Application, in order for the User to be notified by the MPAY Service system through SMS for the relevant monthly bill obligation and the User shall be able to pay it by responding to the SMS;
• Account – shall refer to the User’s bank account in Lek at the Bank which shall be connected to the MPAY Service;
• Personal Data – shall have the same meaning as the one used in Law no.9887, dated 10.03.2008 “For the protection of personal data”, as amended.

 

2. SERVICE DESCRIPTION

 

 

The MPAY Service offered by Bank enables the performance of payments and/or purchase of products/services through the USSD Menu/SMS Alert/Application. The User who activates the MPAY Service (“User”) may benefit from this service to pay the bills issued by the Merchants and/or the products/services offered by such Merchants (hereafter, together “Payments”).

 

In order to use the MPAY Service, the mobile phone number of the User shall be connected to the bank account of the latter with the Bank (“Account”). The MPAY Service through the USSD Menu and SMS can be used by all type of mobile phones despite the model or technology, while the MPAY Service through the Application can be used only by smartphones or tablets of the Android or iOS platforms.

 

The User may issue Payment Orders for Payments 24/7. These Payment Orders shall be executed in accordance with the working hours of the Bank. If the User has activated the bill alert system, he can pay the bills through SMS (“Bill Alert Service” or “SMS Alert”). Upon successful execution of the Payment, the User shall receive a confirmation in the USSD Menu, Application and/or an SMS confirming that such Payment has been made.

 

The Bank reserves the right to decide the time in which the Payment Orders shall be executed, without having the obligation to preliminarily notify the User of the execution time of such payments.

 

3. USE OF THE SERVICE AND EXECUTION OF PAYMENT ORDERS

 

Through the MPAY Service, the User authorizes the Bank, by means of Payment Orders, to transfer funds from the User’s bank account to the relevant account of the Merchant(s) for the performance of Payments requested by the User. The MPAY Service can be used through the USSD Menu/SMS and/or through the MPAY Raiffeisen Application.

 

The User shall be notified through SMS, sent to the User’s mobile phone number, as provided by the latter at the moment of subscription to the MPAY Service, for the Merchants part of the MPAY Service.

 

The User may use the MPAY Service only after he has fulfilled the following conditions:

• Holds at least one current account in Lek with the Bank;
• Holds a mobile phone number with one of the mobile telephony operators supported by the MPAY Service when using the MPAY Service through USSD/SMS;
• Holds a mobile phone number with any one of the mobile telephony operators when using the MPAY Service through the Application;
• Has filled out the subscription form to activate the MPAY Service, has understood and has duly signed the present General Terms and Conditions;
• Is not subject to any legal impediments for using this Service, pursuant to the legislation in power.

 

In any case, the Bank reserves the right to refuse the request of the User to activate the MPAY Service without being obliged to provide any reasons whatsoever for such decision.

 

The User shall provide the Bank with any original document that may be requested by the latter, pursuant to the laws and regulations in power, as well as other documents which are considered as necessary by the Bank for the purpose of offering the MPAY Service.

 

In the MPAY Service subscription form, the User must select the Account from which will be transferred the funds of the Payment Orders. By sending a Payment Order, the User requests the transfer of a definite amount from his Account, and for this purpose authorizes the Bank to debit his Account, when there is enough funds in said account in order to execute the Payment Order. In accordance with the limits defined by the Bank, the User may issue Payment Orders, the amount of which does not exceed the funds available in the Account at the moment of execution.

 

Upon registration for and activation of the MPAY Service, the Users shall have the opportunity to access dhe USSD Menu #777# (the “USSD Menu”) and MPAY Raiffeisen Application.

 

The User shall have the possibility to activate the Bill Alert Service by sending an SMS to 55000 (the price per SMS 10 Leke, VAT excluded), via the USSD Menu or via the Application. Upon activation of the Bill Alert Service, the User shall receive an SMS every time the new bills are uploaded in the relevant Merchant’s system and through which the User shall be notified on the previous month relevant obligation. The notification SMS shall be free of charge for the User. Thereafter, the User may choose to perform the notified Payment by sending an SMS to 55000 (the price per SMS 10 Leke, VAT excluded) or make the Payment through the USSD Menu or through the Application.

 

Besides the limitations placed by the relevant legislation, the Bank reserves the right to place further daily limitations to Payment Orders, as well as limitations for amounts which can be transferred through one Payment Order by the User.

 

The Bank may amend these limitations and ought to preliminarily notify the User electronically by email and/or SMS on such amendments.

 

The User may use the MPAY Service even outside the network coverage of his mobile telephony operator and/or outside the territory of the Republic of Albania. The use of the MPAY Service under these conditions shall be submitted to the tariffs of the relevant mobile telephony operator.

 

The execution of Payment Orders may be directly connected with the working hours of the Bank, institutions and other related systems such as adjustment and clearing systems as SWIFT, AIPS and/or AECH.

 

1. Using the MPAY Service through the USSD Menu  

The USSD Menu #777# is an interactive menu, that enables the placement of Payment Orders and the performance of Payments. In order to access the USSD Menu, the User shall be equipped with an activation code (“PIN”) which shall be used only once to access the USSD Menu for the first time. Immediately after the first access to the USSD Menu, the User shall insert the new, personalized 4-digit PIN, which will be used subsequently every time the User uses the MPAY Service.

 

The USSD Menu shall allow the User to place Payment Orders for Payments offered by Bank. Upon receiving a Payment Order, the USSD Menu shall display a message related to the status of the Payment Order. The User shall receive a confirmation in the USSD Menu and/or SMS for each bill paid through the USSD Menu of the MPAY Service.

 

1. Using the MPAY Service through the Application

The MPAY Raiffeisen Application is an application for smartphones and tablets that enables the placement of Payment Orders and the performance of Payments, by providing the same services and functionalities as the USSD Menu. This application can be downloaded free of charge from the respective online application shops of the respective platform (Android or iOS) and can be used by all Users that have registered for the MPAY Service as follows:

 

1. For the new Users:

After the registration for the MPAY Service, the User will receive the activation code at the Bank. After downloading the Application, the User will open the Application and will be asked to and will put in it his mobile phone number while choosing also the relevant mobile telephony operator to which his mobile phone number belongs to. After this, the User will receive an SMS containing a one-time activation code which the User shall put in the Application. Then, the User shall put the activation code given by the Bank, and thereafter, shall put the new 4 digits personalized PIN, that he can use later, each time he uses the MPAY Service. After inserting the new PIN, the User can access the Application and start using the MPAY Service. The User will be notified via SMS about the authentication of the access of his mobile phone or tablet in the Application.

 

2. For the extisting Users of the MPAY Service through the USSD:

After downloading the Application, the User will be asked and will put his mobile phone number while choosing also the relevant mobile telephony operator to which his mobile phone number belongs to.  Then, the User puts his existing PIN of the MPAY Service, to receive the SMS with the one-time PIN. After inserting the one-time PIN, the User can access the Application with his existing MPAY Service PIN and start using the MPAY Service. The User will be notified via SMS about the authentication of the access of his mobile phone/tablet and MPAY Service in the Application.

 

Through the Application, the User can place Payment Orders for the Payments provided by the Bank. Upon receiving the Payment Order, the Application shall display a message regarding the status of the Payment Order. For each payment executed through the Application, the User shall receive a confirming SMS, confirming the execution of the payment.

 

The User can use the Application only from one mobile phone or tablet at the same time. In case the User wishes to use the Application from a new mobile phone or new tablet, then he will perform the authentication process SMS-one-time PIN in the Application of this new mobile phone or tablet, by being given access in this new mobile phone or tablet, and by removing access from the previous one.

 

4. USER’S APPROVAL FOR THE USE OF THE MPAY SERVICE  

Upon activating the MPAY Service, the User is considered to have accepted and is submitted without any exception to all laws and regulations as well as the General Terms and Conditions for the use of the Service, whether present or future.

 

With  the  activation  of  the  MPAY Service,  the  User agrees  and gives his consent to  receive,  from  time  to  time, communications from the Bank, where the User is informed regarding the MPAY Service.

 

5. RESPONSIBILITY

The User of the MPAY Service:

• Must keep safe the PIN rendering access to the MPAY Service, not provide such PIN to third parties, by thus being fully responsible for any damage caused by third unauthorized parties;
• Must immediately notify the Bank for any irregularity or malfunctioning of the MPAY Service;
• Must abide by these General Terms and Conditions as well as any other instructions of the Bank;
• Must notify the Bank for any change in Personal Data of the User, as have been declared by the latter in the subscription form;
• Authorizes the Bank to execute every Payment Order issued by the User through his mobile phone or tablet.

 

The Bank:

• Guarantees the quality and functionality of the MPAY Service in compliance with the applicable laws and regulations in force;
• Shall inform the User through any of the notification methods predicted in these General Terms and Conditions and/or MPAY Service subscription formfor any amendment to the General Terms and Conditions before such amendments come into force. If the User does not  object  in  writing  to  these  amendments within  5  (five)  Work  Days  following  this notification, such amendments shall be considered to be accepted by the User, otherwise the User shall be entitled to request the termination of the MPAY Service;
• Shall be responsible only for the execution of the Payment Orders sent through the MPAY Service if the User’s Account has sufficient funds to execute the Payment Order and if the Payment Order does not exceed the limits placed by the Bank, if any. The latter shall be responsible to the User, in the event of a malfunction of the MPAY Service due to technical issues that may  arise  out of  the  interaction of  the MPAY Service system with the mobile telephony operators’ systems, to  the  extent  controlled  by  the MPAY Service system.  The mobile telephony operators shall not be responsible to the User for sending Payment Orders to the Bank, in the event of malfunction of equipment or electronic communication networks. The Bank shall not be responsible for the malfunction of equipment and telecommunication networks falling outside its direct control and responsibilities, which may affect in any way the submission of Payment Orders to the Bank. Furthermore, the Bank shall not be responsible of electronic or mechanical defects, inability to download data, viruses, defects and/or other problems connected to the User’s mobile phone or tablet. The Bank shall not be responsible of products and services offered by the Merchants, the payment of which is offered through the MPAY Service;
• Shall consider as valid and final any Payment Order sent pursuant to the detailed procedure of Article 3 of these General Terms and Conditions. The Bank is not obliged to undertake additional actions to verify the validity of the Payment Order or the identity of the User, besides the standard procedures set out in these General Terms and Conditions. The Payment Orders shall be considered valid, irrevocable and binding as soon as they have been received by the Bank. The User is fully responsible for the accuracy of the Payment Orders;
• The Bank shall execute these Payment Orders only if  the conditions for the execution of Payment Orders set out in these General Terms and Conditions are fulfilled;
• In the event of a considerable risk for the security, the Bank reserves the right to interrupt the MPAY Service at any time, in order to protect the User until the risk has been eliminated, by notifying the User through SMS.

 

6. CUSTOMER CARE

The User may submit complaints for irregularities noticed in the course of using the MPAY Service within 5 (five) Work Days from the date such irregularity was noticed. Complaints may be sent in the following alternatives:

• By sending a written letter at the Bank’s offices, through mail to the address: “Raiffeisen Bank sh.a, ETC, Kati 6, BLV Bajram Curri, Tirane”;
• By sending an email to the address: [email protected];
• By completing the respective form at the official website www.raiffeisen.al.

 

The Bank shall make all efforts to solve the problem, object of the complaint, as soon as possible.

 

If the User requires assistance for the usage of the MPAY Service or any questions arise during its use, the User may contact the Bank in one of the following alternatives:

• By sending an email to: [email protected];
• By calling the number: 35542381381.

 

7. COLLECTION AND PROCESSING OF PERSONAL DATA

The Bank collects and processes the User’s Personal Data (“Personal Data”) only for the purpose of using the MPAY Service.

 

Upon signing these General Terms and Conditions, the User shall be deemed to have understood and willingly and explicitly authorizes the Bank to collect and process the personal data of the User, which are submitted in the subscription form attached to these General Terms and Conditions, and to transfer such data to its subcontractor, to the extent necessary for the completion of the Bank’s obligations pursuant to these General Terms and Conditions and ensuring that the subcontractor maintains high standards of security, storage and processing of personal data.  

 

Upon signing these General Terms and Conditions, the User shall be considered to have understood and willingly and explicitly authorizes the Bank to obtain all the necessary information from the Merchants, and that these Merchants transmit the data connected with the amount of the relevant bill to be paid by the User only for the purposes of and through the channels of the MPAY Service.

 

Upon signing these General Terms and Conditions, the User shall be considered to have given his clear and explicit consent for the processing of his Personal Data in the context of using the MPAY Service.

 

Personal Data shall be processed further exclusively for the purposes of activating, providing and using the MPAY Service.

 

The User is responsible of informing the Bank for any and all amendments to the Personal Data which affect the use of the Service. The User must visit in person one of the Bank branches to notify such amendments.

 

By signing these General Terms and Conditions, the User gives his explicit consent to receive communications from the Bank regarding the MPAY Services or offers related to this Service, mainly in the form of SMS. The User has the right to revoke such consent at any time.

 

The Bank and the User undertake to apply high level security, technical and organizational measures, which shall render possible the minimization of unauthorized interventionsin the system, changes or loss of data.

 

The Bank is responsible for the fulfillment of all the obligations provided in the legislation for personal data protection. The User has all the rights provided in this legislation, including, but not limited to:

• Right for access;
• Right to request the blocking, rectification or erasure;
• Right not to be subject to automated decision-making;
• Right to object;
• Right to complain;
• Right to compensation for damages.

 

8. TERMINATION OF MPAY SERVICE

 

The MPAY Service shall be terminated immediately if the User’s mobile telephony operator is no longer connected with the MPAY Service system, if the Bank does not offer anymore the MPAY Service or if the User does not have a current account in ALL anymore with the Bank. In any case, the User shall be notified in connection to the above electronically through email or SMS at least 15 (fifteen) days prior to the termination of the Service. Upon signing these General Terms and Conditions, the User agrees and gives his irrevocable consent that in any case the Bank shall hold no responsibility towards the User for the termination of the Service.

 

The User may request at any moment the termination of the MPAY Service by visiting the Bank branch and by completing the relevant form for the termination of the MPAY Service.

 

The Bank may terminate the MPAY Service for the User for the below reasons:

• When the General Terms and Conditions as well as the instructions of the Bank are not followed;
• If the User closes his Account with the Bank;
• If the Service has not been used by the User for a period of 6 (six) months;
• User’s death.

 

The MPAY Service may be temporarily suspended to preserve the security of the User:

• If the User enters 3 (three) consecutive times a wrong PIN. In this case, the User must visit a branch of the Bank to obtain a new PIN; or
• If the User notices that his protective elements have been lost, stolen or there has been unauthorized access in them, he must immediately notify the Bank in one of the ways mentioned in Article 6 above.

 

The MPAY Service may be interrupted temporarily due to maintenance, modification, amendments or other interventions in the electronic communication networks, or in the relevant platforms of the Bank, or for any other reasons outside the control of the Bank.

 

1. TEMPORARY INTERRUPTION OF THE PAYMENTS

 

The Bank reserves the right to interrupt temporarily the payments to specific Merchants. In such case, the User will not be allowed to initiate a Payment Order by being notified preliminarily by the USSD Menu and/or Application.

 

9. UNAUTHORIZED USE

The User is responsible for the safety of his mobile phone/tablet, and maintaining the confidentiality of the PIN code. The User must not to give the PIN code to any unauthorized person and shall take any and all necessary steps to prevent unauthorized persons to learn his PIN. The User shall notify the Bank as soon as possible if he suspects that an unauthorized person has come to know the PIN code or that the latter has been stolen and has been used to perform unauthorized transactions, by visiting in person any branch of the Bank to request a new PIN.

 

If the User fails to notify the Bank immediately upon noticing the abusive action/s with his mobile phone/tablet and/or PIN code, or the theft of them, then the User shall be responsible for all unauthorized transactions until the moment the Bank has been notified by the User.

 

10. LIMITATIONS OF LIABILITY

 

The Bank shall not be liable as to the below:

• Mistaken Payment Orders issued by the User;
• Mistaken or unauthorized use of the MPAY Service by the User;
• Losses or damages caused by the use of the MPAY Service when the latter is forbidden, limited, delayed or affected in any way or form by the laws and regulations in force in the country where the User uses of the MPAY Service, when this Service is used outside the territory of  the Republic of  Albania and/or by the conditions of  the mobile telephony operator of the User located outside the territory of the Republic of Albania, which allows the User access to the USSD Menu or offers the User internet service;
• Losses or damages caused by actions or omissions of the User, under the provision of the MPAY Service;
• Inability or delays to access or use the USSD Menu, SMS or the Application;
• Internet service costs, weak or missing internet signal in the mobile phone or tablet during the use of the Application;
• Inability to download the Application, or incompatibility of the Application with the mobile phone or tablet of the User;
• Mistakes in the information transmitted by User through Payment Orders;
• Mistakes in the amounts billed to the User by Merchants, which are paid through the MPAY Service;
• The quality of the services and products purchased by using as a payment method the MPAY Service;
• Abusive use by unauthorized third parties of the User’s PIN due to the fault or negligence of the User.

 

If the Bank, due to its own actions or omissions for any reason whatsoever, is responsible for causing loss to the User, the responsibility of the Bank shall be limited only to the amount of the transaction which is the subject of conflict between the Bank and User.

 

The User understands and accepts that mobile telephony operators make possible only the use of the MPAY Service by their respective subscribers who have requested the MPAY Service by signing the relevant subscription form and these General Terms and Conditions. For the avoidance of doubt, the mobile telephony operators shall not be responsible of the functioning of the MPAY Service system, the MPAY Service and the success of payments performed through this Service. Consequently, the User shall not refer to the mobile telephony operators any complaints related to the MPAY Service use.

 

11. PROOF OF PAYMENT

The Bank shall not provide printed proof of payment for transactions performed through the MPAY Service. Confirmation for the successful performance of the Payment shall be given through the USSD Menu, Application and/or SMS. Transactions performed through the MPAY Service shall be listed also in the transaction list of the User’s Accounts issued by the Bank

 

12. APPLICABLE LAW AND DISPUTE RESOLUTION

These General Terms and Conditions have been drafted and shall be implemented pursuant to the Albanian legislation. In the event of disputes which may not be resolved amicably between the Bank and the User, the exclusive court for the resolution of disputes shall be the Tirana District Court.