Spring Development Bank

Terms & Conditions

This document delineates the terms and conditions governing your Spring Development Bank (SDB) Account and associated services. These terms and conditions, along with any other applicable terms, constitute a binding legal agreement (“the Agreement” or “the Terms”) between you as the Account Holder, and SDB, the Bank.

1. Definitions

For the purposes of these Terms and Conditions, the following definitions shall apply:

  • “Account” – Refers to the virtual or physical account held by a Account Holder with Spring Development Bank (SDB), including all associated services.
  • “Account Holder” – The individual or entity in whose name an account is maintained with the Bank.
  • “AML (Anti-Money Laundering) Regulations” – Refers to laws and regulations designed to prevent money laundering and financial crimes, including but not limited to the UK Money Laundering Regulations 2017.
  • “Authorised Transaction” – Any payment, withdrawal, or transfer made with the valid consent of the Account Holder.
  • “Basel Core Principles” – International banking supervision guidelines ensuring financial stability and risk management compliance.
  • “Business Day” – Any day on which the Bank is open for business, excluding weekends and public holidays.
  • “Chargeback” – A reversal of funds requested by the Account Holder due to an unauthorised or disputed transaction.
  • “Account Holder “ – The individual or entity holding an account with the Bank and bound by these Terms and Conditions.
  • “Digital Money” – Electronic monetary value stored in an SDB account, which can be used for transactions but does not constitute physical cash.
  • “Dispute Resolution Process” – The formal procedure for addressing complaints and disagreements between the Account Holder and the Bank.

2. Provision of Services

Our primary method of delivering services is through the SDB mobile app, although we also extend our services through various web interfaces. These Terms govern your access to our services regardless of the platform or method used, applicable across all possible service access points as described within these terms.

3. Account Description

Your account with SDB is categorised as a ‘virtual’ account designed to store digital money in multiple currencies. Digital money serves as an electronic alternative to traditional cash. Upon receipt of funds in any currency, we will credit your account with an equivalent amount of digital money in that same currency, which can then be utilised for transactions and is accepted as payment by others.

Utilising Your Account Once your account is credited with digital money, you are enabled to use it for various services, including:

  • Direct and RM-assisted transfers to and from other SDB accounts.
  • Currency exchange among 11 available currencies, including gold, which may be subject to change.
  • Investment in fixed-term deposits ranging from one month to twelve months, with interest rates variable by currency.
  • Investments in gold savings.
  • Operations for payment and cash withdrawal through RMs, along with the capability to manage and view account information. Notifications regarding new features or services will be provided through the SDB app.

4. Account Opening

You must be at least 18 years of age to open an SDB account. We will collect personal and financial information to verify your identity and the source of your funds in compliance with legal and regulatory obligations. Our Privacy Policy, accessible via the SDB app and website, further explains our use of your information.

5. Updating Your Information

It is imperative to maintain the accuracy of the information you provide to us and notify us immediately of any changes. Should any discrepancies be discovered, we will update your information accordingly. We may occasionally request additional information to comply with legal and regulatory requirements, which should be provided promptly to avoid any disruptions.

6. Monitoring Transactions

You can monitor all transactions through the SDB app. This information will remain accessible as long as you are a Account Holder . Should you require historical data post-account closure, it must be downloaded while the account remains active.

7. Rectification of Erroneous Transactions

SDB reserves the right to correct any erroneous transactions due to system errors, user input mistakes, or other discrepancies. The Bank will make reasonable efforts to notify affected Account Holder through official communication channels. Corrective actions may include reversing incorrect debits or credits and reallocating funds to the correct account.

7.1 General Policy

Spring Development Bank (SDB) reserves the right to correct any erroneous transactions that may occur due to system errors, user input mistakes, or any other transactional discrepancies. The Bank may, without prior consent, adjust affected accounts to rectify such errors in compliance with applicable banking regulations.

7.2 Account Holder Notification

In cases where an erroneous transaction is identified and rectified, the Bank will make reasonable efforts to notify affected Account Holder through official communication channels, including email, SMS, or any other means deemed appropriate. Such notifications will include details of the error, corrective actions taken, and relevant timelines for adjustments.

7.3 Account Adjustments

Upon identification of an error, SDB may take the following corrective actions:

  • a. Reverse incorrect debits or credits;
  • b. Reallocate funds to the correct account in cases of misdirected transfers;
  • c. Conduct any other necessary adjustments to ensure the accuracy and integrity of Account Holder accounts.

7.4 Account Holder Responsibilities

Account Holder are responsible for regularly reviewing their account statements and promptly reporting any discrepancies to the Bank. Failure to report transaction errors within a reasonable period may limit the Bank’s ability to investigate and rectify the issue.

7.5 Legal Compliance

All rectifications will be conducted in accordance with applicable laws and regulations, including but not limited to:a. Principles of Good Faith and Fair Dealing to ensure fairness in all adjustments;b. Basel Core Principles for banking integrity and risk management;c. Anti-Money Laundering (AML) regulations to prevent financial system abuse.

7.6 Dispute Resolution

If an Account Holder disputes an adjustment, they may contact the Bank’s Account Holder service or escalate the matter to the Compliance Team. Disputes will be handled in accordance with SDB’s internal procedures.

7.7 Amendments and Review

SDB reserves the right to review and amend this policy as necessary to align with evolving legal and regulatory requirements. Any changes will be communicated to Account Holder in a timely manner.

8. Communications

We will typically communicate with you via email, online Account Holder service chat, the Telegram user community, and RMs. These methods will be employed for sending account updates, fraud alerts, and security notifications. It is vital to regularly engage with the SDB app to receive this information promptly.

9. Account Closure

You may terminate this agreement and close your account at any time through the SDB app or by contacting us at [email protected]. Upon closure, any outstanding charges must be settled. A 30-day period for fund withdrawal will be provided post-closure, during which standard transaction limits will remain in effect. Should you require conversion of funds into a different currency, it will be performed at the prevailing rate plus applicable fees.

10. Account Freezing Due to Suspicious or Illegal Activities

SDB reserves the right to freeze, restrict, or suspend an Account Holder’s account without prior notice if there is reasonable suspicion of illegal activities, including but not limited to fraud, money laundering, terrorist financing, unauthorised transactions, or any other financial crime.

The Bank may initiate such action based on internal risk assessments, regulatory directives, or reports from relevant authorities. Account freezing shall remain in effect until a thorough investigation is completed, and SDB shall not be liable for any losses or inconveniences resulting from such measures. If the investigation confirms fraudulent or unlawful activity, SDB reserves the right to close the account and take further action, including reporting to relevant authorities and recovering any associated funds.

11. Protection of Funds

Upon receipt of funds, the equivalent value in digital money is credited to your account immediately and safeguarded until utilised.

12. Account Security

We employ robust measures to secure your funds and request that you maintain the security of your account credentials. Immediate contact should be made via the SDB app if you suspect any unauthorised use of your account or security details. Account freezing and unfreezing can be managed through the app or by contacting Customer Service.

13. Usage Restrictions

The account must not be utilised for illegal purposes or in any manner that could impede the functionality of our services. Respectful interaction with our staff is required at all times.

14. Financial Responsibilities

Should your account incur a negative balance, you are required to correct it immediately. Failure to address a negative balance may lead to recovery actions including legal proceedings or debt collection.

15. Complaints Handling

If you are dissatisfied with our services, please raise your concerns through the SDB app. We are committed to addressing complaints efficiently.

16. Data Protection and Confidentiality

16.A Data Protection

6.A.1. Compliance with Applicable Laws

Spring Development Bank (“the Bank” or “SDB”) is committed to protecting the privacy and security of personal data in accordance with international data protection principles, including but not limited to the OECD Privacy Guidelines, the United Nations Guidelines for the Regulation of Computerised Personal Data Files, and other globally recognised data protection frameworks.

SDB operates under the regulatory framework set out by the Interim Central Bank of Myanmar, the Ministry of Planning, Finance and Investments, and the National Unity Government of Myanmar.

16.A.2. Collection and Processing of Personal Data

SDB collects, processes and stores personal data at its sole discretion for the purposes of:

  • (a) Providing banking services, including account management, transactions and Account Holder support;

  • (b) Complying with legal and regulatory obligations, including anti-money laundering (AML) and fraud prevention;

  • (c) Enhancing security and preventing unauthorised access to accounts;

  • (d) Conducting market research, improving services and offering tailored financial products; and

  • (e) Any other purpose that SDB deems necessary for its legitimate business interests. By using SDB’s services, Account Holder explicitly consent to the collection and processing of their personal data as outlined above.

16.A.3. Confidentiality and Security Measures

While SDB implements reasonable security measures, the Bank does not guarantee absolute protection against unauthorised access, data breaches or cyberattacks. SDB shall not be held liable for any loss, damage or disclosure resulting from such incidents, except where required by law.

16.A.4. Data Sharing and Third Parties

SDB does not sell, rent or share personal data with third parties for marketing purposes. However, the Bank reserves the right to disclose Account Holder data when necessary for:

  • (a) Regulatory compliance, including requests from government authorities and financial regulators;

  • (b) Fraud prevention, credit risk assessment or debt recovery services;

  • (c) Legal proceedings, including enforcement of the Bank’s rights; and

  • (d) Banking operations, such as processing transactions through third-party service providers, subject to appropriate confidentiality safeguards. Account Holder acknowledges that SDB shall not be liable for disclosures made in accordance with the above conditions.

16.A.5. Communication of New SDB Products and Services

SDB may use Account Holders’ contact details for any essential service-related communications. Additionally, SDB may contact Account Holder to provide information on new banking products, services and promotional offers.

16.A.6. International Data Transfers

SDB may transfer Account Holder data across jurisdictions as required for operational efficiency. The Bank shall ensure that appropriate safeguards, such as contractual clauses or recognised data transfer mechanisms, are in place. Account Holder acknowledges that SDB shall not be liable for any differing data protection standards in foreign jurisdictions.

16.A.7. Bank’s Limitation of Liability

  • (a) No Absolute Security Guarantee: While SDB takes reasonable steps to protect Account Holder data, it does not guarantee absolute security.

  • (b) Third-Party Breaches: The Bank shall not be responsible for data breaches resulting from third-party actions beyond its control.

  • (c) Account Holder Responsibility: Account Holder are responsible for safeguarding their login credentials, personal data and financial information. The Bank shall not be liable for unauthorised access due to Account Holder’s negligence.

16.A.8. Account Holder Rights

Subject to applicable laws, Account Holder may:

  • (a) Request access to, correction or deletion of their personal data;

  • (b) Object to certain processing activities; and

  • (c) Withdraw consent where processing is based on consent. All requests shall be reviewed at SDB’s discretion and processed within a reasonable timeframe. SDB reserves the right to deny requests where not such requests are not required legally.

16.B Confidentiality

16.B.1. Obligation of Confidentiality

SDB shall maintain confidentiality of all Account Holder information and shall only disclose such information where:

  • (a) Required by law, regulatory authority or court order;

  • (b) Necessary to protect the Bank’s interests, including fraud prevention and risk management;

  • (c) Authorised by the Account Holder in writing; or

  • (d) In accordance with the terms set out in Clause 15.A.4.

16.B.2. Employee and Third-Party Confidentiality Obligations

SDB ensures that employees, contractors and third-party service providers are subject to strict confidentiality obligations. However, SDB shall not be liable for unauthorised disclosures made by third parties beyond its reasonable control.

16.B.3. Retention of Confidential Information

SDB shall retain Account Holder’s data and confidential information for as long as necessary to fulfil the purposes outlined in these Terms and Conditions, comply with legal obligations or protect the Bank’s interests. Upon expiration of the retention period, the Bank may securely delete, anonymise or archive such data at its discretion.

16.C Amendments to the Data Protection and Confidentiality Clause

SDB reserves the right to update this Data Protection and Confidentiality Clause at any time without prior notice. Any changes shall be published on Bank’s website or official communication channels, and continued use of SDB’s services constitutes acceptance of the revised terms.

17. Intellectual Property

All intellectual property related to SDB services and products is owned by us and is protected under applicable laws. Unauthorised use of our intellectual property is strictly prohibited.

18. Legal and Contractual Rights

The Agreement is personal to you and non-transferable. We reserve the right to novate or assign rights and obligations under the agreement as necessary to comply with legal or regulatory requirements. Enforcement Failure to enforce any provisions of this Agreement does not waive our right to enforce them later.

19. Enforcement

Failure to enforce any provisions of this agreement does not waive our right to enforce them at a later time.

20. Limitation of Liability

20.1. Exclusion of Indirect and Consequential Damages

SDB shall not be liable for any indirect, incidental, special, or consequential damages, including but not limited to:

  • Loss of profits, revenue, or anticipated savings;
  • Loss of data or corruption of data;
  • Loss of business opportunities or reputational damage;
  • Any non-monetary or punitive damages.

20.2. Specific Liability Exclusions

SDB shall not be held responsible for any loss, damage, or unavailability of services resulting from:

  • Any temporary or permanent suspension of services, including but not limited to maintenance, upgrades, or regulatory compliance;
  • System failures, cybersecurity incidents, hacking, malware, or force majeure events (including but not limited to natural disasters, wars, riots, and government-imposed restrictions);
  • Account Holder negligence, including but not limited to failure to maintain account security, safeguard login credentials, or report suspicious activities in a timely manner;
  • Actions taken by regulatory authorities or financial institutions impacting account access, service availability, or funds.

20.3. Maximum Liability Cap

In all circumstances, the Bank’s total liability to any Account Holder for direct losses shall not exceed the total fees paid by the Account Holder over the preceding 12 months.

20.4. No Guarantee of Uninterrupted Service

While SDB employs reasonable efforts to maintain service availability and security, the Bank does not guarantee that services will be uninterrupted, secure, or free from errors. The Account Holder acknowledges that banking services may be subject to technical disruptions beyond SDB’s control.

20.5. Account Holder Responsibilities and Risk Acknowledgement

The Account Holder acknowledges that:

  • They are solely responsible for the security of their devices, passwords, and account access credentials.
  • They assume full risk of unauthorised transactions if they fail to take reasonable security measures.
  • The Bank shall not be liable for losses resulting from phishing attacks, unauthorised access, or fraud conducted via the account due to the Account Holder’s negligence.

21. Indemnification

21.1. Account Holder’s Duty to Indemnify

The Account Holder agrees to indemnify and absolve the Bank, its directors, employees, agents, and affiliates from any claims, liabilities, losses, damages, costs, or expenses (including legal fees) arising from:

  • Violation of these Terms and Conditions or any breach of banking regulations by the Account Holder;
  • Unauthorised access to or use of the account, including any third-party access resulting from the Account Holder’s negligence;
  • Any fraudulent, illegal, or improper activity conducted via the account, whether directly or indirectly attributable to the Account Holder;
  • Failure to provide accurate and up-to-date account information, leading to misdirected payments or service disruptions;
  • The Account Holder’s engagement in financial crimes, including money laundering, financing of illicit activities, or regulatory non-compliance.

21.2. Third-Party Claims

If a third party makes a claim against SDB due to the actions, omissions, or negligence of the Account Holder, the Account Holder shall be solely responsible for resolving such claims at their own cost. The Bank reserves the right to recover any losses or expenses incurred due to such claims.

21.3. Bank’s Right to Set-Off

SDB reserves the right to deduct amounts owed under this Indemnification Clause from the Account Holder’s account without prior notice, to the extent permitted by applicable law.

21.4. Amendments to this Clause

SDB reserves the right to update, modify, or amend this Limitation of Liability and Indemnification Clause at any time, without prior notice, in accordance with regulatory requirements and operational needs.

22. Regulatory Compliance and Reporting Obligations

The Bank reserves the right to:

  • Disclose account information to regulatory authorities as required by applicable laws and anti-money laundering regulations;
  • Monitor transactions to prevent financial crime and fraudulent activities; Freeze, restrict, or close accounts in response to suspicious activities, regulatory requests, or policy breaches; and
  • Block or delay payments suspected to be linked to financial crime until due diligence is completed.

23. Account Holder Due Diligence (CDD) and Enhanced Monitoring

Account Holder may be required to provide valid identification and documentation as part of the Know Your Account Holder (KYC) process. The Bank reserves the right to request updated documentation periodically. The Bank may refuse transactions or account openings if:

  • Incomplete or inaccurate documentation is provided;
  • The Account Holder appears on any sanctions list or is flagged under anti-money laundering checks.

24. Dormant Account Policy and Unclaimed Funds

24.1. Dormant Account Status

24.1.1 If an account remains inactive for a continuous period of 12 months, it shall be classified as a dormant account. Inactivity is determined by the absence of Account Holder-initiated transactions, including deposits, withdrawals, or other account activity.

24.1.2 The Bank shall make reasonable efforts to notify the Account Holder before classifying an account as dormant. However, failure to receive such notification shall not affect the Bank’s rights under this policy.

24.2. Consequences of Dormancy

24.2.1. Once an account is classified as dormant:

  • Transactional capabilities may be restricted or suspended until reactivation;

  • The Account Holder may be required to provide additional verification or formally request reactivation in accordance with the Bank’s procedures.

24.2.2 The Bank reserves the right to apply administrative fees for the maintenance of dormant accounts, as specified in the Bank’s Schedule of Fees and Charges.

24.3. Unclaimed Funds and Account Closure

24.3.1. If an account remains dormant for a period of five (5) consecutive years, the Bank may, at its sole discretion:

  • Transfer the balance to a designated holding account for safekeeping;

  • Report and remit unclaimed funds in accordance with applicable laws, including regulations set by the Interim Central Bank of Myanmar, the Ministry of Planning, Finance and Investments, and the National Unity Government of Myanmar.

24.3.2. Where funds are transferred to a designated holding account or remitted as unclaimed funds, the Account Holder may be required to submit a formal request and provide satisfactory proof of ownership to reclaim the balance.

24.4. Reactivation of Dormant Accounts

24.4.1. A dormant account may be reactivated upon submission of a formal request by the Account Holder, along with any required identification or documentation as determined by the Bank.

24.4.2. The Bank reserves the right to refuse reactivation if the account has been closed or if funds have been remitted as unclaimed in compliance with legal or regulatory requirements.

24.5. Amendments to the Dormant Account Policy

The Bank reserves the right to amend this Dormant Account Policy at any time, in line with regulatory changes or operational requirements. Any such amendments shall be communicated through the Bank’s official channels.

25. Changes to Fees and Interest Rates

The Bank may introduce, modify, or remove fees and charges applicable to transactions, account maintenance, or other banking services. Account Holder will be notified of any changes in advance via website updates, or in-app notifications.

26. Service Suspension and Termination

The Bank reserves the right to suspend or terminate services to an Account Holder under the following conditions:

  • Breach of these Terms and Conditions;
  • Engagement in unlawful activities, including fraud or money laundering;
  • Repeated chargebacks or disputes indicating potential abuse of banking services; and
  • Failure to comply with regulatory requirements or KYC obligations.

27. Dispute Resolution and Arbitration

Any dispute arising under these Terms and Conditions shall first be addressed through the Bank’s internal dispute resolution mechanism.

If the dispute remains unresolved, it shall be referred to arbitration under the rules of Interim Central Bank of Myanmar. The arbitration process shall be binding, and decisions rendered shall be enforceable in a court of law.

28. Governing Law and Jurisdiction

Spring Development Bank (SDB) operates under the authority of the Interim Central Bank, which adheres to the laws established by the Ministry of Planning, Finance and Investments, National Unity Government (NUG) of Myanmar.

These Terms and Conditions shall be governed by and construed in accordance with the financial regulations enforced by the Interim Central Bank of Myanmar. Any disputes arising under this Agreement shall be subject to the exclusive jurisdiction of the relevant regulatory authorities and arbitration mechanisms recognised under the NUG legal framework.

By continuing to use SDB services, you agree to these Terms and Conditions, which constitute our entire agreement regarding your use of the account and associated services.

Last updated: 17 February 2025

Anti Money Laundering (AML) Policy

Revised April 2024

Introduction

Spring Development Bank is committed to preventing the use of its services for money laundering and terrorism financing. The following Anti-Money Laundering policy and procedures are designed to comply with the regulatory requirements and obligations set out by the interim government, NUG.

Policy Statement

Spring Development Bank shall conduct its business in accordance with the principles of the Anti-Money Laundering (AML) regulations and shall take proactive steps to detect, prevent, and report activities that may involve money laundering or terrorism financing.

AML Procedures

1. Deposits holding period requirement

  • Parameters: 30 days holding period requirement applies to fixed deposits and all currencies (SGD, THB, AUD, EUR, GBP, MYR, JPY, KRW, USD) except MMK. (Gold deposits subject to review).
  • Restriction: Aforementioned deposits with holding period less than 30 days are subject to the following AML Rules 2 to 4 with Exceptions set out under Rule 5.

2. Weekly USD/USDT withdrawal limit

  • Parameters: Withdrawal requests above $5,000 within a single week.
  • Restriction: Withdrawal requests above $5,000 in a single lump sum transaction or various smaller requests made up to such amount with less than 30 days holding period will be rejected.
  • Exceptions:
    1. Transactions involving MMK to USD exchanges are excluded.
    2. Transactions involving USDT deposits and withdrawals are exempt, except in cases where the withdrawal exceeds 10,000 USDT (weekly), which should be escalated to the AML team for review.

3. Daily USD/USDT withdraw limit

  • Parameters: Withdrawal requests above $1,000 in a single day.
  • Restriction: Withdrawal requests above $1,000 in a single lump sum transaction or various smaller requests made up to such amount with less than 30 days holding period will be rejected.
  • Exceptions:
    1. Transactions involving MMK to USD exchanges are excluded.
    2. Transactions involving USDT deposits and withdrawals are exempt in aligned with Rule 2B above.

4. USD deposits and USDT withdrawals limit

  • Parameters: Patterns of USD deposits followed by USDT withdrawal.
  • Rejection: A single withdrawal request above 500 USDT.
  • Exception:
    1. Transactions involving MMK to USD exchanges are excluded.
    2. Transactions involving USDT deposits and withdrawals are exempt in aligned with Rule 2B above.

5. Exceptions to Rules 1 to 4

  • Withdrawal requests via Bond cashed in (up to two users, i.e Bond cashed in from RM to user A, user A then transferred to user B, user B then request withdrawal). Any withdrawal requests beyond this chain will be subject to review. Settlement team to share the details in USDT space.
  • Nway Oo Hti winnings in MMK currency are not subjected to AML. Note: this exception only applies to winnings in MMK currency.
  • Priority banking
  • MOD withdrawal up to $10,000 USDT. (check the email address org. format)
  • USD swap from GOLD requires AML review.
  • Any currencies and/or fixed deposits holding period more than 30 days. (see Rule 1)
  • Any withdrawal request of USDT for the same/or less value of USDT deposit within 24 hours.
  • Any discretionary base transactions (i.e urgent request for the on-ground requirements or emergency aids) that are verified by trusted source.
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*** Please note that AML officers will coordinate with the legal department to conduct a thorough examination of any policy violations. They will also communicate directly with the affected customers to clarify the reasons for any transaction rejections and inform them about the duration of any imposed restrictions.

Compliance and Reporting

SDB will maintain and regularly update systems and controls to ensure compliance with AML regulations. This includes training staff, conducting regular audits, and reporting suspicious activities to the relevant authorities.

Review and Amendments

This policy and its procedures will be reviewed annually to ensure relevance and compliance with current laws and regulations. Amendments will be made as necessary to reflect changes in legislation or bank operations.

Conclusion

Spring Development Bank’s AML policy and procedures reflect our commitment to upholding the highest standards of compliance and integrity. By adhering to these guidelines, we protect our customers, our Relationship Managers, Agens, our bank, and the digital financial system from being exploited for money laundering and terrorism financing.

Contact us

AML Officers can be contacted at [email protected] for any questions in relation to account restrictions, rejections, or transactions rectification process.