Terms & Conditions

Welcome to Pathao Pay, the mobile wallet service of Digital Payments Limited provides a secure online payment ecosystem for daily transactions under the Payment Service Provider (PSP) license issued by Bangladesh Bank. These are the terms and conditions when using our Pathao Pay System.

1. ACCEPTANCE OF TERMS

1.1 By browsing, using, or accessing the Pathao Pay and its Services, you have read, understood, accepted, and agreed with and are bound by the following terms and conditions.

1.2 The Terms and Conditions stated herein constitute a legal agreement between you (“User”) and Digital Payments Limited, that governs your use of Pathao Pay Services.

By clicking "I Accept" or by using the Pathao Pay mobile app and its services, you agree to the Terms and Conditions found on www.pathaopay.com and any other Pathao Pay platform, including any future updates. Any changes to these terms will be effective immediately upon publication.

1.3 If you do not agree to the Terms and Conditions, please do not proceed to use the Services.

2. ACCOUNT REGISTRATION

2.1 To use Pathao Pay Services, any User shall be required to create a Pathao Pay User Account against a designated mobile number (User Account Number) by providing the following information and documents:

• copy of a valid identification document (National ID);
• live/in-app selfie image; and
• other required information as and when required.

The User shall need to create a unique PIN and be allowed to access/log in to the User Account by entering the PIN.

2.2 The user's provided information during registration is considered self-declaration and binding. Pathao Pay operates based on this information and is not responsible for any inaccuracies provided by the user during registration or updates.

2.3 You agree to use the Site and Services as permitted by these terms, laws, and Pathao Pay's guidelines. You're solely responsible for any breaches, with Pathao Pay with Pathao Pay bearing no responsibility to you or any third party for such breaches.

3. USER ACCOUNT: GENERAL RULES AND USER UNDERTAKINGS

3.1 Users of Pathao Pay must comply with several general rules and undertakings. Firstly, users must be of legal age, operate within Bangladesh, and conduct transactions exclusively in BDT currency. Additionally, users are required to have only one Pathao Pay account associated with a designated mobile number. Sharing access to the account with others renders it ineligible and subject to further actions by the company.

3.2 The company imposes security measures, such as temporary account blocks after three consecutive wrong PIN inputs, to safeguard user accounts. Accounts with zero balance and no transactions for a year may be closed by the company. Moreover, the company reserves the right to close any account without providing a reason, subject to relevant Bangladeshi laws. Accounts subject to legal or regulatory notices prohibiting operation will also be closed until the order is lifted.

3.3 Users are responsible for scrutinizing account statements promptly and reporting discrepancies within seven days. SMS notifications are provided after each transaction, but the company is not liable for delivery failures. Users bear the risk of unauthorized transactions and must ensure the accuracy of all inputs for fund transfers. Instructions given by users are executed by the company, which assumes no liability for the consequences.

3.4 Users must provide accurate information during registration and promptly update any changes. Failure to do so may result in the company not being held responsible for any erroneous information provided. Additionally, users must notify the company of any changes in business modality, ownership, or location, and provide necessary documents as required.

4. DEVICE REQUIREMENTS AND SECURITY

4.1 Users of Pathao Pay must take reasonable precautions to prevent fraudulent use of their devices and security information. This includes safeguarding security details, avoiding easily guessable passwords, and not disclosing security information to unauthorized individuals. Additionally, users should log out of the app when not in use and promptly report any suspected security breaches or lost passwords to the company.

4.2 Users consent to the use of their device data and location by Pathao Pay and acknowledge the inherent risks associated with internet-based transactions. They agree to indemnify the company for losses resulting from the execution of instructions in accordance with security procedures. Users must also comply with any additional security requirements communicated by the company.

4.3 Users consent to use “Quick Authentication” or biometric authentication for their transactions from their device. Acknowledgement with their own liability that device may have multiple saved biometric recognition and for any transaction resulting from the execution of instructions in accordance with security procedures.

5. ERRORS

5.1 The company promptly rectifies any errors detected in Pathao Pay transactions. If an underpayment occurs, the company adds the shortfall to the user's account, while excess payments are deducted. Users are notified after any rectification is made.

5.2 Users are responsible for any errors resulting from incorrect transactions, such as mistyped amounts or transfers to unintended recipients. The company does not provide safeguards for user errors and users must resolve such issues independently. Investigations into reported unauthorized transactions or errors are conducted by the company, with the decision on eligibility for safeguards deemed final. Users are promptly notified of investigation outcomes, with applicable reimbursements provided for errors or unauthorized transactions.

6. PROHIBITED ACTIVITIES

6.1 Users are prohibited from engaging in illegal or fraudulent activities while using Pathao Pay services. This includes violating agreements with the company, breaking laws and regulations, infringing on intellectual property rights, engaging in suspicious or fraudulent transactions, and refusing to provide necessary information for investigations. Additionally, users must not distribute unauthorized marketing materials, collect unsolicited payments, or use the system in a manner that disrupts Pathao Pay's infrastructure.

7. ACTIONS AGAINST PROHIBITED ACTIVITIES

7.1 Pathao Pay reserves the right to take swift action against users found engaging in prohibited activities. This may include suspending or closing user accounts, imposing fines for each prohibited transaction, refusing services, placing funds on hold for investigation, and taking legal action if necessary. The company also conducts investigations to resolve disputes or complaints related to prohibited activities, taking appropriate corrective measures as deemed necessary.

8. AUTHORIZATION AND ACTIONS

8.1 The User authorizes the Company to act on instructions given through Pathao Pay and debit or credit the appropriate account without further authentication. The Company may take necessary steps to verify linked bank accounts and process payment services within legal limits. If instructions contradict the terms, the Company may refuse, reverse, or suspend the account without notice. However, upon the User's request, the Company may attempt to reverse instructions, with the User bearing any resulting costs. If the Company suspects unauthorized instructions, it may take steps to reverse actions without notifying the User, with no liability for resulting losses.

9. REMOVAL/ DEACTIVATION OF PATHAO PAY USER ACCOUNT

9.1 As per regulatory requirements, we are unable to provide a direct mechanism for users to delete their accounts directly. Nevertheless, we are committed to respecting your privacy and will process requests for account removal manually upon request.

9.2 If a user wants to remove their account from the system, they will need to contact the support team at [email protected] with the subject line "Account Removal Request." The support may request necessary information to verify your identity and facilitate the manual removal process as it seems fit. Users can close their Pathao Pay User Account at any time without cost but remain liable for any obligations related to their account even after closure.

9.3 Upon closure, any scheduled or incomplete transactions will be canceled, and users must withdraw or transfer any funds held in their account. Certain circumstances, such as pending investigations or disputes, negative balance, or account holds, may restrict the closure of an account.

9.4 The Company reserves the right to terminate the Agreement immediately if the user breaches it, with the user remaining liable for any incurred fees or charges. Upon termination, users must fulfill any outstanding payment obligations, cease the use of Pathao Pay materials, and lose access to the service.

10. REPRESENTATION AND WARRANTIES

10.1 Each party affirms that it possesses all necessary statutory and regulatory approvals, permits, and licenses for the operation of its business and fulfillment of obligations under this Agreement. Furthermore, each party warrants that executing this Agreement and fulfilling its obligations herein do not breach any existing agreements with third parties or violate any laws or regulations.

11. DATA PRIVACY AND PERSONAL DATA PROTECTION POLICY

11.1 Our users' privacy and security are paramount to us. By using our services, users explicitly consent to the collection, storage, and use of their personal information for the sole purpose of facilitating our services. We adhere to all relevant data privacy laws in Bangladesh and have robust security measures in place to safeguard user data.

11.2 We collect and process personal data, including but not limited to names, phone numbers, and business information, to fulfill our contractual obligations and provide a seamless user experience. Users have the option to provide this data voluntarily, but failure to do so may limit their access to our services.

11.3 Additionally, we may use personal data for internal administrative purposes, compliance with regulatory requirements, and marketing communications, provided users have consented to such communications. Users have the right to access and update their data through our customer care services. We are committed to maintaining compliance with data protection laws and ensuring the security of our users' information at all times.

12. COOKIES

12.1 Our website does not employ cookies. Nonetheless, we cannot be held accountable for any third-party websites linked within our site and their use of cookies.

13. AGREEMENT SURVIVAL AND AMENDMENT

13.1 If any section/provision of the agreement is rendered invalid, it will be changed or removed while the remaining sections/provision will stay valid. The Company holds the right to make any amendment to the terms of services from time to time. These modified amendments will be effective at once whenever the Company posts them to its websites or mobile application.

13.2 The Company at its sole discretion, reserves the right to terminate this agreement or any of its Services for any reason at any time by refunding all unrestricted funds in the User Account.

14. LIMITATION OF LIABILITIES

14.1 You are responsible for verifying the authenticity of recipients and transaction details before proceeding with any transaction. Exercise caution when entering sensitive information such as 'Receiver Pathao Pay Account Number', 'Merchant Pathao Pay Account Number', 'Agent Pathao Pay Account Number', 'Amount', 'Pathao Pay PIN', 'Security Code', 'Secret Code', and other transaction-related data. Never share your 'Pathao Pay PIN', 'Security Code', 'Secret Code', or any other sensitive information with anyone. Pathao Pay provides a secure transaction platform; however, we are not liable for human errors, misrepresentation, or fraudulent activities arising from the use of our products and services.

14.2 Your use of information or materials on the Pathao Pay platform is at your own risk. It is your responsibility to ensure that any products, services, or information obtained through our platform meet your specific requirements. We are not liable for any consequences arising from your use of information or materials on our platform.

14.3 Pathao Pay shall not be liable for any loss of use, access, profits, or data, or for any direct, indirect, special, or consequential damages or losses, whether arising in contract, negligence, tort, or otherwise. This includes damages or losses related to:

1. Your use of, reliance upon, or inability to use the Pathao Pay platform, services, or content;
2. If you are dissatisfied or disagree with any part of the Pathao Pay platform, services, content, or these terms and conditions, your sole remedy is to discontinue your use of our platform, services, and content.

15. GENERAL TERMS AND CONDITIONS

15.1 Pathao Pay provides its services according to the terms outlined in the Pathao Pay Terms and Conditions available on the company's website or app. Users agree to comply with these terms, including any updates or modifications made by Pathao Pay within the bounds of relevant laws and regulations.

15.2 Users acknowledge reading and understanding the terms and conditions, accepting responsibility for all transactions made through their User Account and any associated fees.

15.3 Any changes to the terms will be considered notified once published on the company's website or app, regardless of individual notifications to users.

15.4 If any provision of these terms and conditions is found invalid, the remaining provisions remain valid and enforceable.

15.5 Pathao Pay's rights and remedies under these terms are cumulative and not exclusive. Failure to enforce any provision does not waive Pathao Pay's rights.

15.6 Pathao Pay is not liable for delays or failures caused by events beyond its control, such as acts of God, terrorism, or strikes.

15.7 Users may not assign these terms to a third party. Pathao Pay reserves the right to assign these terms at its discretion.

15.8 By using Pathao Pay, users agree that these terms constitute the entire agreement between them and Pathao Pay, replacing any prior statements or agreements.

15.9 In the event of Pathao Pay permanently withdrawing its services, Pathao Pay is not liable for any resulting loss or damage to users. Termination does not affect any accrued liabilities.

16. COMPLAINT MANAGEMENT

16.1 Users can lodge complaints via Pathao Pay's call center, email [email protected], or by calling +8809610003036. The Company will address complaints promptly and remain indemnified from claims. If false allegations are found, penalties may include fines, account suspension, or closure, with prior notification to the account holder.