Terms And Conditions

The following Terms of Use (“Terms”) are a binding agreement between you and DataSoft Systems Bangladesh Limited.By downloading for or using the ass or the platform,you agree to be bound by these terams.if you do not accept these terms, please do not use the apps or the platform. As Pay365 is an app/platform owned by DataSoft Systems Bangladesh Limited. Hence all the rights, benefits, liabilities & obligations under the following terms & conditions shall accrue to the benefit of DataSoft Systems Bangladesh Limited.


Condition 1:


Your Agreement to these Terms and Conditions for availing Pay365 App

The Terms and Conditions (as may be amended from time to time, the “Agreement”) is a legal contract between you being, an individual customer, user, or beneficiary of this service and DataSoft Systems Bangladesh Limited (DataSoft) having its registered office at Rupayan Shelford (20th floor), 23/6, Mirpur Road, Shyamoli, Dhaka-1207, Bangladesh. All services are rendered by DataSoft through its platform under the brand name ‘Pay365’. Hence all the rights, benefits, liabilities & obligations under the following terms & conditions shall accrue to the benefit of DataSoft (together with its subsidiaries and other affiliates, “us”, “We” or “Pay365”), regarding your use for payment or such other services which may be added from time to time (all such services are individually or collectively referred as Service or Services as they case may be). Service can be used by you subject to your adherence with the terms and conditions set forth below including relevant policies. Pay365 reserves the right, at its sole discretion, to revise, add, or delete portions of these terms and conditions any time without further notice. You shall re-visit the “Terms & Conditions” link from time to time to stay abreast of any changes that the “App” may introduce.


Condition 2:


Eligibility and Registration to Use the Services

You represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. You shall not impersonate any person or entity, or falsely state or otherwise misrepresent identity, age or affiliation with any person or entity. You agree to provide accurate, current and complete information about yourself or your company as prompted by our registration form and maintain and update your information to keep it accurate, current and complete. We reserve the right to terminate any account or your use of the App or the Platform/Network if any information provided by you is false, fictitious, inaccurate, not current or incomplete, with or without notice to you.

You will be issued a user id and temporary password to access your account. You must change and input 6 digits Password, keep it confidential and not share it with any other person. You are responsible for all activity on your account, whether or not you authorized it. However, if you become aware of any unauthorized use of your account or your user id and password, please contact us immediately.


Condition 3:


Documentation

Pay365 reserves the right, at any time, to take steps necessary to ensure compliance with all relevant and applicable requirements. Pay365 reserves the right to discontinue services/ reject applications for Pay365 Apps at anytime if there are discrepancies in information and/or documentation provided by you.

Any information provided to Pay365 with the intention of securing Pay365 Apps shall vest with Pay365, and may be used by Pay365, for any purpose consistent with any applicable law or regulation, at its discretion.


Condition 4:


General Conditions of Pay365

• User can pay or redeem rewards from Pay365 merchants only.
• User must earn required points to promote to next status (Expenditure of tk.100=1point).
• User must inform to merchant for using reward program and claim for reward/gift for redemption and must have to redeem reward/gift before expiration from merchant as directed by pay365/merchant.
• Pay365 would never charge user for payments.
• User can’t cancel order or ask for refund after the order has been proceeded or reward/gift redeemed.
• User can’t transfer balance from one account to another.


Condition 5:


Customer Obligations

Pay365 Apps availability is subject to the maintenance of an active mobile phone or internet connection with an associated telecom provider. Pay365 Apps availability is subject to the maintenance of a mobile phone handset and other application on which Services run and the Customer is solely responsible for all liability arising from the unavailability of Services due to a mobile handset or internet service provider not supporting any Pay365 Apps channel or application.

Payment

You must ensure the availability of sufficient funds before executing any Transaction from your Pay365 Apps.

You shall be solely responsible for the confidentiality, safety and security of the Password and PIN. You shall be the sole owner of the Password and shall be responsible for the consequences arising out of disclosure of the Password and/or the unauthorized use of Pay365 Apps.
In case the Password/PIN is lost or misplaced, you shall tap Forget Password icon at Login page and a new temporary Password will be issued to you after necessary validation through mail.
In case the mobile phone associated with your Pay365 Apps is lost/stolen/misplaced/ no longer in your control, you shall promptly inform Pay365 through calling/mailing/user web panel within 24 hrs. Pay365 will upon receipt of such information block the relevant account after necessary validation.

You shall only use Pay365 App for all Transactions with the specific Merchant Establishment for the products/services available therein. The list of Merchant Establishments is available in the App and is subject to change at Pay365’s discretion without prior intimation.

You acknowledge and understand that Pay365 Apps are linked to your mobile phone and you shall be solely responsible for any liability arising out of the loss/ theft / misuse of the mobile phone or deactivation of mobile connection by the concerned telecom service provider, in respect of the Services.

Information submitted by you for availing Pay365 Apps and/or information submitted while using Pay365 Apps may be shared with third parties by Pay365, inter alia, to facilitate the provision of Pay365 Apps.

You shall ensure that the Services are not used for Transactions in foreign currency. Pay365 Apps is issued & shall be valid only in Bangladesh and shall be used at Merchant Establishments only in Bangladesh.

Without limiting the foregoing, you agree that you will not use the Pay365 App to undertake any of the following actions or to display, upload, modify, publish, distribute, disseminate, transmit, update or share any information that:

Is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

Infringes any patent, trademark, copyright or other proprietary rights;

contains viruses, corrupted files, or any other similar software or programs that is designed to interrupt, destroy or that may limit the functionality of any computer source or that may damage or adversely affect the operation of another person’s computer, its web-sites, any software or hardware, or telecommunications equipment;

Advertises or offers to sell any goods or services for any commercial purpose;

is in the nature of promotional services, products, surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;

Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;

Violates any law for the time being in force;

Belongs to another person to which you do not have any right to;

Interferes with or disrupts Pay365’s websites, servers, or networks;

Impersonate any other person;

Harm minors in any way;

Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through its websites or to manipulate your presence on its websites;

Engage in any illegal activities;

Threatens the unity, integrity, defense, security or sovereignty of Bangladesh, friendly relations with foreign states, or public order, or causes incitement to the commission of any cognizable offence, or prevents the investigation of any offence or insults any other nation

If you want to disable your Pay365 associated device (in case of selling, lost or changing the device), you shall promptly inform Pay365 through calling/mailing/user web panel. Pay365 support representative will disable the device after proper validation.

If a new user requests to join Pay365 in a disenabled device, Pay365 will contact with the old user via e-mail/phone. If the user doesn’t reply within 15 days of receiving the mail, Pay365 will consider the account as void and it will automatically get deleted.

Condition 6:


Reward Redemption

Reward redemption is purely subjected to standard and specified terms and conditions mentioned by Pay365. Rewards are offered by both Pay365 and respective retailer.Hence, any damage,injury, loss incurred by the end user by using the reward is not the responsibility of Pay365. No order or redemption can be cancelled. This main T&C of Pay365 supersedes any offer related to Pay365.

If you want to redeem any reward offer, you should redeem reward from that particular merchant before expiration date.
Reward offer may subject to change without prior notice.

Condition 7:


Communication Policy

a) By accepting the terms and conditions the user accepts that Pay365 may send alerts through App/Email/to the mobile phone number provided by the customer while registering for the service or to any such number replaced and informed by the customer. The user acknowledges that the alerts will be received only if the mobile phone is in ‘On’ mode to receive the SMS or check mails. If the mobile phone is in ‘Off’ mode then the customer may not get / get after delay any alerts sent during such period and if mails not checked then will not get/get after delay any emails sent during such period.

b) Pay365 will make best efforts to provide the service and it shall be deemed that the customer shall have received the information sent from Pay365 as an alert through App/Email or on the mobile phone number provided during the course of payment or else.

c) The customer acknowledges that the SMS service provided by Pay365 is an additional facility provided for the customer’s convenience and that it may be susceptible to error, omission and/ or inaccuracy. In the event the customer observes any error in the information provided in the alert, Pay365 shall be immediately informed about the same by the customer and Pay365 will make best possible efforts to rectify the error as early as possible. The customer shall not hold Pay365 liable for any loss, damages, claim, expense including legal cost that may be incurred/ suffered by the user on account of the SMS facility.

d) The user acknowledges that the clarity, readability, accuracy, and promptness of providing the service depend on many factors including the infrastructure, connectivity of the service provider. Pay365 shall not be responsible for any non-delivery, delayed delivery or distortion of the alert in any way whatsoever.

e) Customer also agrees to receive information regarding what Pay365 perceives to be of their interest based on usage history via SMS, email & phone call. This includes offers, discounts and general information.

f) By accepting the terms and conditions the customer acknowledges and agrees that Pay365 may call the mobile phone number provided by the customer while registering for the service or to any such number replaced and informed by the customer, for the purpose of collecting feedback from the customer regarding their experience or suggestions regarding Pay365.

g) Grievances and claims related to payments or else need to be informed within 10 days of occurrence.

Condition 8:


Use of App

You understand that except for information, products or services clearly indicated as being supplied by the Pay365, we do not operate, control, or endorse any information, products or services on the Internet in anyway. You are responsible for implementing procedures to satisfy your particular requirements and for accuracy of data input and output.

Condition 9:


Refund Policy

User can’t claim any refund after placing an order, redeeming reward or sending a gift. If you are over charged/less charged or have other complication then you may inform us by sending an email /filling -up a dispute form through Pay365 user panel to our customer services mentioned on the Contact Us page. Please include in the email/phone call the following details – Transaction date, amount, Order Number, User id, Card type (Debit/Credit/Visa/Master) and merchant name. Pay365 shall investigate the incident and if it is found that you are over charged/less charged or have other complication then Pay365 would refund the money within 21 working days from the date of receipt of your email/dispute form. All Refunds will be credited to your account.

Condition 10:


Termination;Agreement Violations

You agree that Pay365, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate your account (or any part thereof) or your use of the Services and remove and discard all or any part of your account, your user profile, or your recipient profile, at any time. Pay365 may also in its sole discretion and at any time discontinue providing access to the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services or any account you may have or portion thereof may be effected without prior notice, and you agree that Pay365 will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Pay365 may have at law or in equity. Upon termination for any reason, you agree to immediately stop using the App.


Condition 11:


Indemnity

You agree to indemnify, defend and hold Pay365 and/or related parties harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including and without limitation legal fees and expenses, arising out of or related to your use or misuse of the Pay365 Wallet, any violation of these Terms and Conditions, or any breach of the representations, warranties, and covenants made by you.


Condition 12:


Additional T&Cs

When you acquire goods, software or any other services from a Merchant Establishment through any of Pay365’s Services, you understand and agree that, Pay365 is not a party to the contract between you and the Merchant Establishment. Furthermore, Pay365 is under no obligation to monitor the Merchant Establishment’s service used by you; the Merchant Establishment alone will be responsible for all obligations under the contract including (without limitation) warranties or guarantees. Any dispute with or complaint against any Merchant Establishment must be directly resolved by the Customer with the Merchant Establishment. It is clarified that Pay365 shall not be responsible or liable for any deficiency in goods and/or services purchased using Pay365 Wallet. This exclusion of liability shall apply even for goods and/or services made available by Pay365 under promotional schemes. You are instructed to satisfy yourself regarding the quality, quantity and fitness of any good and/or service before purchasing the same.

In the event of any dispute, Pay365 records shall be binding as the conclusive evidence of the Transactions carried out through use of Pay365 Wallet.

Pay365 shall send all customer communications by Notification through App/SMS and/or email and the Notification/SMS shall be deemed to have been received by you after they have been submitted for delivery by admin/to the mobile phone operator.

You agree to receive all commercial message including transactional messages from Pay365.

Condition 13:


Amendment of Terms, Platform

Pay365 reserves the right to amend, modify, change, add or terminate (collectively “Changes”) the Terms, the Site or the Platform/Network at any time in its sole discretion. Your continue use of the Site or the Platform/Network shall be deemed your acceptance of any such Changes. You should make sure you view these Terms periodically to make sure you are familiar with the most recent version of them.

Pay365 may modify, terminate and/or suspend Pay365 Wallet to the Customer anytime with or without prior notice, due to any changes in internal policies, rules, regulations and laws set by relevant authorities/regulators.

Any amendment of these Terms & Conditions proposed by you shall not be effective unless it shall be reduced to writing through amendment form and accepted by Pay365. Amendments made under this clause shall be deemed to be a part of these Terms & Conditions and in case of any contradiction the amendment form shall prevail. The terms and conditions herein shall be subject to the notifications/ guidelines issued by Central Bank of Bangladesh, from time to time.

Condition 14:


Compliance with Law

The Pay365 Apps is governed by per Central Bank of Bangladesh direction on Issuance and Operation of electronic Payment Instruments in Bangladesh (Central Bank) Directions, 2009 (as amended and supplemented from time to time) and is also subject to directions / instructions issued by the Central Bank of Bangladesh from time to time in respect of redemption, repayment, usage etc.Pay365 will not be responsible or liable for any violation by you of applicable law, regulation, or guideline. You hereby declare that your name does not, at anytime, appear in the consolidated list of terrorist Individuals/ organizations as circulated by the Bangladesh Central Bank from time to time.


Condition 15:


Confidentiality

Privacy of communication is subject to the terms of the certificate of authorization granted by the Central Bank of Bangladesh and Central Bank of Bangladesh notifications/directives etc. You specifically agree that in order to facilitate the provision of Pay35 Apps, Pay365 may be required to disclose any information or particulars pertaining to you to any authority, statutory or otherwise.


Condition 16:


Assignment

DataSoft shall have the right to assign/transfer these presents to any third party including its holding company, subsidiaries, affiliates, associates group companies.


Condition 17:


Intellectual Property Rights

We, or our licensors, own all right, title and interest, including, but not limited to all copyright, trademark, patent, trade secret or other proprietary rights (“IP Rights”), in and to the App, the Platform, the Usage Data. You shall not reproduce, distribute, transmit, modify, create derivative works, display, perform or otherwise use the App, the Platform or any of the IP Rights, or attempt to reverse engineer, decompile, disassemble, or derive the source code for the Platform or use the Platform or App to create a competing product. Pay365 is owned by DataSoft Systems Bangladesh Limited. Unauthorized use is strictly prohibited. All rights are expressly reserved to Pay365.


Condition 18:


Disclaimer

WE MAKE NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE APP, THE PLATFORM/NETWORK AND SERVICES OFFERED. WE EXPRESSLY DISCLAIM THE IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE. We provide the App, the Platform/Network and any other technology and services on the App on an “as is”, “where is”, “with all faults” basis. We do not warrant that the App or the Platform any products and services shown or described on the App, or other technology and services will be uninterrupted, error-free, available or operational at any particular time, or that any known defects will be corrected.


Condition 19:


Consent to Electronic Communications and Transactions

By registering to use the App, below, you consent to conduct transactions and receive communications, notices and information from us electronically, whether sent by App notification or other electronic means. Electronic communications shall be deemed to have been received by you when We send the electronic communication to the App/email address/mobile number that as per our records, or when We post the electronic communication on the Pay365 Site. The requirements for such electronic


transactions and communications following: you must have access to the Internet, mobile web, applications,Pay365 app and a valid e-mail address. You can withdraw your consent at any time by contacting us, but We reserve the right to terminate your account upon such withdrawal. Withdrawal of your consent will not affect the legal validity and enforceability of any notice, statement or disclosure previously received electronically. You agree to notify us promptly if your email address or other contact information changes by updating your account information or contacting us.


Condition 20:


Limitation of Liability

Not withstanding anything to the contrary contained herein, neither Datasoft, nor its affiliated companies , subsidiaries, officers , directors, employers or any related party shall have any liability to user or any third party for any indirect, incidental , special or consequential damages or any loss of revenue or profits arising under or relating to these terms , the app or the offerings, even if any of said parties had been advised of, knew of, or should have known of the possibility of such damages.

To the maximum extent permitted by law, our maximum aggregate liability to you for any cause whatsoever , and regardless of the form of action (whether liability arises due to negligence or other tort, breach of contract, violation of statute, misrepresentation or for any other reason ), will at all times be limited to BDT one hundred(BDT 100)


Condition 21:


Choice of Law and Dispute Resolution

These Terms shall be governed by, and construed in accordance with, the laws of Bangladesh, without reference to principles of conflicts of law. The parties agree that the courts of Bangladesh shall have exclusive jurisdiction over any dispute arising from or relating to these Terms, the Platform/Network or the App. You expressly consent to the personal jurisdiction of said courts and waive any objection to such personal jurisdiction based on forums non convenience or any other basis.


Condition 22:


Ownership

You must be the owner of the Account, and conduct business on behalf of yourself only. Letting any other individual have access to your account shall render your account ineligible and the account shall be subjected to further penal procedures as per policy of Pay365


Condition 23:


Transaction Limits

We may, at our discretion, impose limits on the amount of money you can pay through the app. We may increase your transaction limits in tiers according to the extent your account is verified and the activity of your Pay365 account.


Condition 24:


Tax

It is your responsibility to determine the taxes applicable to your transactions in Pay365 and you should pay the taxes to appropriate authority at your own responsibility. Pay365 is not responsible for determining, collecting or reporting taxations arising from your transactions. Pay365 shall remain.
indemnified from any claim of tax,VAT or any other public charges applicable on any of your transaction.