Terms & Conditions

Terms & Conditions
User
Merchant
Account Removal
Prepaid Card

Important: Please read these Terms and Conditions carefully.

These Terms and Conditions apply to the Users who have opted to use Pathao Pay.

Pathao Pay, the mobile wallet service of Digital Payments Limited ('DPL', or the 'Company'), provides a secure online payment ecosystem for daily transactions under the Payment Service Provider (PSP) license issued by Bangladesh Bank.

By using Pathao Pay, you ("User") agree that you have read, understood, accepted, and agreed with the terms of use as stated herein (the "Pathao Pay User Terms and Conditions", or the "Terms and Conditions", or the "Agreement").

The Terms and Conditions stated herein constitute a legal agreement between you ("User") and Digital Payments Limited ("DPL" or the "Company", or "We", or "Us"), that governs your use of Pathao Pay Services.

By clicking on the "I agree to Pathao Pay's Terms & Conditions and Privacy Policy" button and/or by downloading and/or installing and/or activating the Pathao Pay mobile software application (the "Application"/"APP") and/or using the Application or Pathao Pay Payment Services ("the Service(s)"), you hereby expressly acknowledge and agree to be bound by the Terms and Conditions, and any future amendments and additions to the Terms and Conditions as published from time to time at https://pathaopay.com/. The amended, added or revised version of the Terms and Conditions shall deem to be effective at once whenever we publish or post it. In the event that the Terms and Conditions are revised in the future, you will be asked to agree to the updated version before continuing to use the Service.

Your continued use of the Service, whether or not reviewed by you, shall constitute your consent to and acceptance of the Terms and Conditions and any addendum or amendments to it. You further agree to the representations made by yourself below.

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

If you have already commenced the use of Service, you may notify the Company of your intention to discontinue the use of the Services in accordance with Clause 15 of this Agreement.

Your account may be suspended or closed or your access to the Services and/or funds may be limited if you breach this Agreement or any other policies you agreed with the Company.

It is your sole responsibility to understand and comply with any and all relevant rules, regulations, and laws of Bangladesh applicable to you in connection with your use of the Service.

You are committed to abiding by the laws, rules, regulations, and guidelines issued by the Government of the People's Republic of Bangladesh, particularly by Bangladesh Bank, and other related regulatory authorities while using the Services provided by the Company. You will be accountable for any unlawful use of your Pathao Pay User Account.

1. DEFINITION

1.1. Add Money shall mean adding funds from their bank accounts/cards to their Pathao Pay account as per Clause 4.2 of this Agreement.

1.2. App shall mean Pathao Pay mobile application through which Users can avail the Payment or Wallet Services Provided by the Company.

1.3. Company shall mean Digital Payments Limited (DPL) which is a licensed Payment Service Provider that provides Payment Services to its Users under the brand name 'Pathao Pay'.

1.4. Linked Bank or Wallet shall mean linking the bank account, bank card or mobile wallet account of the Users to their Pathao Pay User Accounts for processing payment services including Add Money or Withdraw Money as per Clause 4.1 of this Agreement.

1.5. Make Payment shall mean the ability for Users to make payments at merchant points using their Pathao Pay account, as per Clause 4.5 of this Agreement.

1.6. Pathao Pay shall mean the Payment Services of Digital Payments Limited (DPL) which provides Payment and other Payment related Services to its Users.

1.7. Pathao Pay Payment Services/Payment Services/Wallet Services/Service(s) shall mean payment services provided by Pathao Pay including but not limited to Add Money, Send Money, Withdraw Money, Make Payment, Split Payment, Top-up, etc. introduced from time to time under the Payment Service Provider license issued by Bangladesh Bank and subject to the Terms and Conditions stipulated herein.

1.8. Prepaid Card shall mean the 'Pathao Pay-MTB Co-Branded Prepaid Card' issued by Mutual Trust Bank PLC (MTB) through which Users can avail Withdraw Money and Make Payment from their Wallet.

1.9. Send Money shall mean transferring funds from one Pathao Pay account to another, as per Clause 4.3 of this Agreement.

1.10. Split Payment shall mean the ability for Users to split a payment among two or more Pathao Pay Users, as per Clause 4.6 of this Agreement.

1.11. Terms and Conditions/Agreement shall mean terms and conditions stipulated herein including any amendments, additions or alterations made thereto by the Company from time to time which shall be deemed to be a binding agreement between Pathao Pay and any of its Users.

1.12. Top-up shall mean mobile recharge service provided by Pathao Pay to its Users as per Clause 4.7 of this Agreement.

1.13. User shall mean any individual registered with Pathao Pay against a designated mobile number and seeks to receive Payment Services provided by Pathao Pay in consideration of the Service Fee where applicable as specified in this Agreement.

1.14. User Account/Account shall mean any Pathao Pay User Account provided by Pathao Pay to individual Users against their registered mobile number (User Account Number) through which they can use Payment Services provided by Pathao Pay.

1.15. Withdraw Money shall mean the ability for Users to withdraw funds from their Pathao Pay account, as per Clause 4.4 of this Agreement.

2. SCOPE OF THE SERVICE

Payment Services provided by Pathao Pay to its Users shall include but not be limited to Add Money, Send Money, Withdraw Money, Make Payment, Split Payment, Top-up, etc. introduced from time to time and any other services as may be introduced afterwards under the Payment Service Provider license and relevant guidelines issued by Bangladesh Bank and subject to the Terms and Conditions stipulated herein and the Schedule of Charges as published by the Company from time to time subject to relevant guidelines of Bangladesh Bank and other relevant laws of Bangladesh.

3. ACCOUNT REGISTRATION

3.1. In order 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:

  1. Mobile Number;
  2. Date of Birth;
  3. A valid identification document (National ID);
  4. Live/in-app selfie image.

3.2. Subject to proper and accurate information provided by the User, User Account Registration shall be completed and the User shall be notified by an SMS. The User shall need to create a unique PIN and be allowed to access/log in to the User Account by entering the PIN.

3.3. Any and all information provided by the User at the time of registration is self-declaration and shall be binding on the User. Pathao Pay shall operate as per the information given to it by the User. Pathao Pay shall not bear any responsibility nor shall be held accountable for wrong or misinformation provided by the User at the time of registration or subsequent update of relevant information. Subsequent changes to account information can be made through the app and re-verification shall be required for such changes.

4. GENERAL RULES FOR PAYMENT SERVICES

4.1. Add Funding Source/Link Bank

4.1.1. For certain Services including but not limited to Add Money or Withdraw Money, the Users shall need to add their Funding Source, i.e., enlist their linked Bank/MFS/Wallet on the App.

4.1.2 To link the bank/wallet/MFS account with the User Account, the User shall be required to select their bank/MFS/mobile wallet from the bank/MFS/wallet list available on the App and insert their bank account/MFS/wallet information correctly.

4.1.3. By initiating the request of "Link Bank/MFS/wallet" and providing the KYC (Know Your Customer) information required by the bank/MFS/wallet, the User selects and thereby authorizes the Company to share User's KYC information with the bank/MFS/wallet they have selected so that their information can be verified with that of the bank/MFS/wallet Account. Without such verification, the process of linking the bank/MFS/wallet with the User Account will not be completed.

4.1.4. During the process of linking the bank/MFS/wallet, an OTP (One Time Password) will be sent to the User's mobile number registered with the bank/MFS/wallet for the purpose of authentication and User shall enter the OTP in the App to complete the linking of the bank/MFS/wallet.

4.1.5. By linking the User's bank/MFS/wallet account to the User Account, the Users hereby also authorize the Company to debit or credit their linked bank/MFS/wallet account through the designated payment processor of Pathao Pay.

4.1.6. Once the link is established, the Users shall be able to add money from their linked bank/MFS/wallet account to their User Account or can transfer money/withdraw money from the User Account to the linked bank/MFS/wallet account.

4.1.7. Pathao Pay shall not be held liable if the 'Link Bank/MFS/Wallet' request is failed due to incorrect bank/MFS/wallet or KYC information. In case of non-delivery of OTP, pending Add Money, or any other issue associated with User's bank/MFS/wallet account or service, the Users are required to contact their bank/MFS/wallet.

4.2. Add Money

4.2.1. For Adding Money, the Users need to tap on the 'Add Money' option from their Pathao Pay Accounts, then choose between the 'Connect Debit/Credit Card/Wallet/MFS' or 'Connect My Existing Bank/MFS/Wallet Account' options, and key in the linked bank account/card/MFS/wallet number and the amount to be added. Then the User shall need to enter the account/card/MFS/wallet credentials i.e. account/card/MFS/wallet number, expiry date, CVN/CVV number (The 3 or 4-digit number behind the card), etc., and enter the One Time Password (OTP) sent to his designated mobile number or email address to successfully complete the transaction. The User will be able to conduct transactions strictly within the transactional limits mentioned inside the app, or as otherwise specifically prescribed in limits page to the relevant feature. The Company reserves the right to determine or change the maximum and minimum limit as to the amount and the number of transactions of Add Money per day at its own discretion with a prior notice to the User.

4.2.2. It is the User's responsibility to check all their details before submitting the final entry for 'Add money'. In case of any problem in availing the Add Money including but not limited to failure or delay in transaction, the User shall communicate with Pathao Pay within 03 (three) working days, and Pathao Pay shall resolve the issue within 15 (fifteen) working days of such communication or refer the User to the issuing bank/MFS/wallet when appropriate.

4.2.3. For 'Add Money' from a credit card, extra charges may be imposed by the relevant Bank.

4.3. Send Money

4.3.1. For Send Money, the User shall tap on the 'Send Money' option from the App, then key in the Pathao Pay user account number of the intended receiver and the amount to be sent. Then the User shall need to enter the One Time Password (OTP) sent to their designated mobile number or email address to successfully complete the transaction. It is the Customer's responsibility to check all their details before hitting the 'Send' option. The User will be able to conduct transactions strictly within the transactional limits mentioned inside the app, or as otherwise specifically prescribed in limits page to the relevant feature. The Company reserves the right to determine or change the maximum and minimum limit as to the amount and the number of transactions of Send Money per day at its own discretion with prior notice to the User.

4.3.2. It is the User's responsibility to check all their details before submitting the final entry for 'Add money'. In case of any problem in availing the Send Money including but not limited to failure or delay in transaction, the User shall communicate with Pathao Pay within 03 (three) working days, and Pathao Pay shall resolve the issue within 15 (fifteen) working days of such communication or refer the User to the issuing bank when appropriate.

4.4. Withdraw Money

4.4.1. For Withdrawing Money, the User shall tap on the 'Cash Out' button from their Pathao Pay User Account and choose between 'Withdraw from ATM' or 'Withdraw through Bank' or 'Withdraw through Prepaid Card'.

4.4.2. If the User opts for 'Withdraw from ATM', they shall enter their Pathao Pay Account PIN to place the request and shall receive an OTP (One Time Password) code valid for 3 minutes to their designated mobile number through SMS. Then the User shall press the 'Cash Withdrawal' button on the ATM screen, and enter the PIN and OTP code within the stipulated time. Now, the User has to enter the amount and press the 'correct' button. (If any wrong amount is given, the User may press the incorrect button for a fresh entry). Now the User shall get a USSD (Unstructured Supplementary Service Data) or Push/IVR (Interactive Voice Response) call to input their account PIN number. If the PIN is correct, the User shall see the 'transaction is being processed' screen on the ATM. The User shall collect cash and a receipt and will receive a confirmation SMS from Pathao Pay.

4.4.3. For 'Withdraw through Bank', the User shall select from the linked banks on Pathao Pay, provide the required information relating to the bank account or card if not saved earlier, and enter the amount. Then the User shall key in the OTP code sent to their designated mobile number to successfully complete the transaction. The User shall receive a confirmation SMS from Pathao Pay. Withdrawal through the Bank may require some time as per Bangladesh Bank BEFTN Guidelines.

4.4.4. 'Withdraw through Prepaid Card': the User who has availed the 'Pathao Pay-MTB Co-Branded Prepaid Card' will be able to withdraw from any ATM subject to applicable charges. MTB reserves the right to cancel or suspend the Card in case of misuse, fraudulent activity, or false information, and all relevant terms and conditions of Mutual Trust Bank PLC (MTB) as published by them from time to time shall be applicable to the User.

4.4.5. It is the User's responsibility to check all their details before submitting the final entry for 'Withdraw money'. In case of any problem in availing the Withdraw Money including but not limited to failure or delay in transaction, the User shall communicate with the relevant bank for resolution.

4.5. Make Payment

4.5.1. For Making Payment through Pathao Pay, the User shall choose the 'Make Payment' option from their User Account, enter the User Account Number or scan the QR code displayed at the premises of the Merchant. Then the User shall enter the amount of payment, enter a reference number against the payment, enter the counter number (displayed at the counter or the salesperson at the counter will tell the number) and enter User Account PIN to confirm the payment. Upon successful payment, the User shall receive a confirmation SMS from Pathao Pay.

4.5.2. For online 'Make Payment', the User shall select Pathao Pay as the payment method on the Merchant Marketplace/Website. Upon verification of the respective User & Merchant Account through OTP, the transaction will be approved by Pathao Pay and funds will be disbursed to the Merchant Account less the service fees as determined by Pathao Pay.

4.5.3. It is the User's responsibility to check all their details before submitting the final entry of 'Make Payment'. In case of any problem in availing the Make Payment including but not limited to failure or delay in transaction, the User shall communicate with Pathao Pay within 03 (three) working days, and Pathao Pay shall resolve the issue within 15 (fifteen) working days of such communication.

4.5.4. For 'Make Payment through Prepaid Card', the User shall swipe or use their Prepaid Card at the point-of-sales (POS) terminals, e-commerce sites. Upon verification of the Card and User details, the transaction will be approved by MTB and funds will be deducted from Pathao Pay wallet. MTB reserves the right to cancel or suspend the Card in case of misuse, fraudulent activity, or false information, and all relevant terms and conditions of Mutual Trust Bank PLC (MTB) as published by them from time to time shall be applicable to the User.

4.5.5. For every Make Payment transaction through Pathao Pay, the User shall be liable to pay a certain amount of every transaction as the Service Fee to the Pathao Pay which shall be displayed on the screen before the final tapping for Make Payment. In case of a 'Make Payment' from a credit card, extra charges may be imposed on the User/Customer by any specific bank.

4.6. Split Pay

4.6.1. Users can split their payments among other Pathao Pay Users by generating requests from their Pathao Pay User Account. If other Users accept the split pay request, only then the split payment transaction shall be processed by the Company.

(For example - 4 Users went to a restaurant, and they ordered food price worth BDT 200. Each of them wanted to pay BDT 50. User 1 generated a split pay request from his/her App. Users 2, 3 & 4 get the request pop-up in their Pathao Pay App. If they accept the request then the amount will get deducted from the User Accounts of Users 2, 3 & 4 and transferred to User 1 Account, and User 1 will make the payment to the restaurant.)

4.6.2. Users shall be charged for split payment as determined by the Company.

4.7. Mobile Top-up

For mobile top-up through Pathao Pay, the User shall go to the 'Mobile Recharge/Top-up' option from the Pathao Pay App, choose the mobile operator, select the SIM type (prepaid or postpaid), enter the 11-digit mobile number (or select the desired number from the Contact list) and the top-up amount and finally enter the Account PIN to confirm the transaction. Once the top-up is completed, the User shall receive a confirmation SMS to their designated mobile number.

5. USER ACCOUNT: GENERAL RULES AND UNDERTAKINGS

5.1. The User hereby declares that they have attained the required legal age, operate their business within Bangladesh, make transactions or receive payments only in BDT currency, and are legally permitted to enter into any agreement.

5.2. The User must own and possess only one Pathao Pay User Account against a designated mobile number registered under their own NID, and make transactions on their behalf only. As the Account is non-transferable, letting any other individual have access to their Account shall render the User Account ineligible and the Account shall be subjected to further actions as the Company thinks fit and appropriate.

5.3. 03 (Three) consecutive wrong Account name/number or PIN inputs or failed login attempts may cause blocking the User Account temporarily and will be reopened only after the User contacts Pathao Pay for a PIN reset. The Company may require some information from the User to verify their identity before proceeding to unblock the User and guide them through the reset process. .

5.4. The Company reserves the right to close any User Account without prior notice having zero balance without any transaction for 01 (one) year.

5.5. The Company reserves the right to close any User Account without assigning any reason thereof subject to relevant laws of Bangladesh.

5.6. User Account on which any legal or regulatory notice prohibiting the operation of the User Account has been received will be closed and no further operation will be allowed till such prohibition order is removed.

5.7. The Company may refuse to proceed with any transaction if it suspects any fraud or illegal activities therein and the decision of the Company as to whether any transaction is or is likely to involve fraud or illegality shall be final, conclusive, and binding on the User.

5.8. The User shall be able to see the account statements from the App and be solely responsible for the prompt examination of all entries in the statement and must notify the Company in writing within 07 (seven) days of the statement date, either via email or by contacting the Call Center in case of any discrepancies, failing which shall serve as the conclusiveness of the statement.

5.9. The User shall have an SMS notification and email notification showing the transaction amount as well as the final balance after execution of any transaction to the User Account Number after every transaction or entry is taken place in the User Account. The Company shall not be responsible or liable for any delayed, incomplete, inaccurate, or non-delivery of the SMS Notifications for the technical failure of the concerned mobile operators or for any other reason beyond the control of the Company.

5.10. The Company shall make its best endeavor to make the Payment Service operative for all time but shall not be liable for any interruption due to maintenance downtime, system failure or Force Majeure.

5.11. The User Account and PIN are issued to the User entirely at their sole risk, and the Company shall bear no liability whatsoever for any losses, damages, or expenses arising, whether directly or indirectly, from any unauthorized transaction using Pathao Pay, including those resulting from the User sharing their account/card details or OTP with others, and shall be indemnified by the User against any such loss or damage.

5.12. The User shall be solely responsible for all financial transactions through their Pathao Pay account/wallet. Transactions or fund transfers including but not limited to Add Money, Withdraw Money and Make Payment can be made from the Pathao Pay User Account to another account held with Banks or FIs with the help of BEFTN, NPSB or RTGS. Therefore, Bangladesh Bank rules & regulations for BEFTN, NPSB and RTGS shall be applicable. For fund transfers to accounts maintained with other banks or FIs, the Company shall send the fund transfer request through the chosen method- BEFTN, NPSB or RTGS. The time taken to process the transfer will depend on the beneficiary Bank or FIs.

5.13. The User shall be fully responsible for putting in the correct inputs including the account number, transaction amount and other credentials for any transaction/fund transfer request. The Company shall not be liable for any erroneous transactions arising out of or relating to the User entering wrong inputs.

5.14. When the User gives any authenticated instruction (verbal or written) to be carried out on its Account, the Company will carry out the instruction accordingly. The Company will not be liable for the consequences of the actions on those instructions as those were delivered by the User.

5.15. The Company shall operate as per the information given to it by the User and shall not bear any responsibility nor shall be held accountable for any wrong information provided by the User at the time of registration or subsequent update of relevant information. In case of any subsequent changes in the business modality, ownership, or location of the User, the User shall notify the Company in writing of the changes with immediate effect and provide any additional information and documents as and when required by the Company.

6. DEVICE REQUIREMENTS AND SECURITY

6.1. The Users must take all reasonable precautions to keep safe and prevent fraudulent use of their devices and security information. The precautions include:

  • Not writing down or otherwise recording your security details in a way that can be understood by someone else;
  • Not choosing security details that may be easy to guess;
  • Taking care to ensure that no one hears or sees your security details when you use it;
  • Keeping your security details unique to security details you set for other (Online or Physical) bank or financial institutions;
  • Not disclosing your security details to anyone without proper authorization;
  • Changing your security details frequently;
  • Keeping your security details and mobile device safe;
  • Once you have logged onto the Pathao Pay App, do not leave your mobile device unattended or let anyone else use your mobile device
  • Logging out of the Pathao Pay App once you have finished using the App services, and in particular not leaving the App running in the background whilst logged in (e.g. whilst multi-tasking, or running other apps);
  • You will be responsible for all instructions given by you or anyone acting with your authority between when you log in to and log out of the Pathao Pay App.

6.2. If the User suspects someone else of knowing their User ID and/or Password or other security details, they must change the password immediately and notify the Company without any delay. The same applies in the case of lost or stolen Passwords or devices. If the User fails to do so, they may be liable for any and all unauthorized transaction(s) on their Account that may take place and the company shall not be held liable for such negligence on the part of the User. It is recommended that the User does not save their Pathao Pay password in any of their devices or web browsers for future use.

6.3. The User hereby acknowledges that smartphones and tabs as well as web browsers used to access Pathao Pay Services are subject to the same security risks as computers and agrees that it is their responsibility to install and maintain updated anti-virus and anti-spyware programs on their device(s) to stay protected against unwanted cyber threats and to ensure privacy.

6.4. The User agrees to exercise adequate caution when using the Pathao Pay Services on their devices. Any losses, charges and unauthorized transactions involving their account(s) that are incurred through the loss of their device or failure to safeguard their security credentials (such as user name, password, fingerprint) to access the Pathao Pay Service on their device will remain their responsibility.

6.5. If the User is required to modify their device specifications due to any upgradation of the Pathao Pay App or Services, the Company shall in no way be responsible for the resultant costs and any such resultant costs will be borne by the User.

6.6. In the event that the User faces problems with regard to connectivity or other access-related difficulties relating to their device, web browser and/or network operator, it is their responsibility to liaise with the concerned service provider and attempt to find a solution to the relevant problem prior to communicating with the Company.

6.7. The User agrees that the Service may require the use of their device data, location, and text messaging capabilities and that standard data and text messaging charges apply in accordance with their service agreement with the relevant mobile service provider. The User hereby consents to the Company the transmission, collection, maintenance, processing, and use of location data and queries to provide and improve location-based products and services. The User may withdraw this consent at any time by turning off the location services settings on their device.

6.8. The User hereby acknowledges that there may be a time lag in the transmission of instructions, information or communication via Smartphone/Tab/Web/Internet.

6.9. The User must not access the Services from any device connected to a local area network (or LAN), or internet connectivity through WIFI network in public places such as an office environment or restaurant without first making sure that no one else is able to observe or copy access of the User or obtain access to the Services pretending to be the User.

6.10. The User understands that the Company has implemented a security procedure for the purpose of verifying the authenticity of the payment instructions transmitted to the Company by the User, and not for the purpose of detecting errors in such instructions. The User agrees that this procedure constitutes a commercially responsible method of providing security against unauthorized instruction. The User agrees to be bound by any instruction issued, received and verified by the Company in accordance with such security procedure, and the User shall indemnify and hold the Company harmless from and against any loss suffered or liability incurred by, or arising from, the execution of any instruction in good faith and in compliance with such security procedure.

6.11. The User hereby understands, acknowledges, and confirms their awareness of the numerous risks inherent and associated with conveying Instruction to the Company through the internet and Pathao Pay Services (including but not limited to damages incurred as a result of viruses within the machine or terminal, lack of clarity in the instruction and any risks associated with the Company processing a forged/tampered instruction in good faith) and hereby confirm their acceptance of all risks and unconditionally agrees that all risks shall be fully borne by them and the Company will not be liable for any losses or damages arising as a consequence the Company acting (without being obliged to) on any instruction by them or purporting to be from them received by the Company provided the Company has acted in good faith.

6.12. The User must comply with any other requirements designed to protect the security of their use of the Services which are notified by the Company to him/her in any other way.

6.13. In order to comply with Payment Card Industry Data Security (also known as PCI DSS) and ISO compliance requirements the company reserves the right to make changes to the App as required.

7. ACCOUNT BALANCES

The balance the User holds in its User Account will be maintained with the highest level of integrity. The Company reserves the right to decide whether the balance in the User Account will be maintained with or without any interest and whether any interest is to be shared with the User or not on the balance in the User Account, as the case may be. The balance in the User Account shall remain indemnified from any irregular transaction carried out by any other Pathao Pay User.

08. PROHIBITED ACTIVITIES

8.1. The User shall not abuse the Pathao Pay Services by conducting any illegal, prohibited or unlawful activities or transactions.

8.2. The User hereby agrees, while using the Pathao Pay Services, not to engage in the following activities including but not limited to:

  1. Breaching this Agreement, privacy policy or any other agreement it has entered into with the Company;
  2. Violating any relevant law or regulation including the Anti-Money Laundering Act 2012, Counter Terrorism Act-2009 as amended in 2012, 2013 and other such acts/regulations to be issued from time to time in future by the relevant authorities;
  3. Violating the copyright, trademark, or patent of the Company Pay or any other third party;
  4. Engaging in potential suspicious or fraudulent activity or transaction;
  5. Refusing to confirm or provide your identity or any other information requested for any investigation;
  6. Providing misleading or false information;
  7. Using Pathao Pay Services in a way that may result in disputes, complaints, fines, penalties, or any other liability to Pathao Pay or its users or any third party;
  8. Distributing or disclosing User's information for marketing purposes without the explicit consent of the User;
  9. Collecting unsolicited payments through Pathao Pay;
  10. Using the Pathao Pay system in a manner that imposes an unreasonable or disproportionately large load on the Company infrastructure;
  11. Using the Pathao Pay system with an aim to harm or reverse engineering this App in any way whatsoever or access the App in order to build a competitive product or service, build a product using similar ideas, features, functions, or graphics of the App, or copy any ideas, features, functions, or graphics of the App;
  12. Facilitating any virus, worm or Trojan horse, or any other malware that is damaging and interfering with the Company system or data;
  13. Undertaking any action that might hamper the services that the Company receives from its payment processors, Banks, internet providers or other suppliers;
  14. Monitoring or copying the Company website using a proxy, robot, or manual process without prior written permission of the Company.
  15. Not to make any restricted trade and transactions.

9. ACTIONS AGAINST PROHIBITED ACTIVITIES

If the Company has reason to believe that any User has engaged in any of the prohibited activities mentioned in Clause 11, the Company shall have the right to take any or all of the following actions:

  1. Suspend, close, or limit the User access to its User Account or specific Pathao Pay Service at once without any prior notice, or
  2. Refuse to provide Pathao Pay Services to the User at the time of detection of the prohibited activity or anytime in the future, or
  3. Place the User funds or specific transactions on hold for suspicion of an illegal transaction, fraudulent activity, etc.
  4. Investigate to resolve any dispute or complaint regarding any Prohibited Activities, call for the complainant and alleged User or their representatives, suspend or cancel the relevant Pathao Pay Account and take any other corrective or legal action as deemed appropriate by the Company.

10. AUTHORIZATION

10.1. The User is hereby authorizing the Company:

  1. to act on all instructions given or apparently given through the Pathao Pay access to the Account in the name of the User;
  2. to debit or credit the appropriate Account or Card accordingly without taking any further steps to authenticate the instruction;
  3. to take any necessary steps and request additional information and/or document from the User or its linked bank for verifying the credibility of its Linked Bank accounts;
  4. to take any further actions and steps to process the Payment Services under the permissible limits of law and within the scope of this Agreement.

10.2. If the User gives instructions contrary to these Pathao Pay Terms or otherwise, the Company may at its discretion without advance notice to the user and without affecting other rights of the Company:

  1. refuse those instructions,
  2. reverse bill payments or inter-Account transfers made on those instructions,
  3. suspend or stop the Account for any period of time.

10.3. However, if the User asks the Company to reverse the instruction after the User has given it, the Company may at its discretion try to do so to the extent that this is possible under the rules and practices of the Company and subject to these Terms and Conditions. The User agrees that they will be responsible for any costs the Company incurs as a result.

10.4. If the Company comes to believe that an instruction may not have been properly authorized by the Customer, the Company shall be entitled, after making reasonable efforts to check whether it was properly authorized, to take steps to reverse any action taken on the basis of that instruction without notifying the Customer. The Company shall not be responsible for any loss to the Customer that results from such a reversal.

11. COMPLAINT MANAGEMENT AND REFUND POLICY

11.1. Any claims from the User shall be acceptable only when-

  1. The User's account has been incorrectly credited or debited because of an error on the part of Pathao Pay;
  2. There's a product/service-related issue from the merchant's end. Such as, unavailability of product/service, damaged or wrong product/service etc.;
  3. The User has paid successfully through his Pathao Pay wallet but the Merchant's system hasn't updated accordingly;
  4. The transaction is not completed due to an error on the part of Pathao Pay;
  5. The User claiming refund has shown/proven sufficient cause in favor of his claim.

11.2. Any claims from the User shall NOT be acceptable when-

  1. The User makes any wrong data input or account credentials (i.e. A/C No, amount, routing number, etc.);
  2. The User directly or indirectly discloses to any person the security access code of his card or any electronic device used to make an electronic fund transfer or give electronic consent;
  3. The User fails to take reasonable care to keep the security access code or other electronic device secrets;
  4. The failure to carry out an electronic transaction caused by or resulted from Force Majeure or other circumstances beyond the control of Pathao Pay, provided that Pathao Pay had exercised reasonable care and diligence;
  5. The User sends an incorrect amount of money to any person or makes a transaction with any individual other than the intended person, due to a typing mistake, haste, or any other reason, the User will be solely responsible for the error and will have to settle with that person without requesting any involvement from Pathao Pay;
  6. The User shall be liable for actual loss resulting from an unauthorized transaction caused by his failure to notify Pathao Pay on time of the loss, misuse, or theft of the card, or someone else knowing the security access code of the card or other electronic device except for:
    1. that portion of the loss incurred on any one day that exceeds the daily transaction limit applicable to the card, other device, or account; or
    2. that portion of the total loss incurred which exceeds the amount of funds standing in the customer's account.
  7. The User is trying to unfairly exploit this refund policy, for example; by making repetitive refund requests in respect of the same transaction;
  8. The User is using the service fraudulently or the user account is being used by a third person fraudulently;
  9. The User is in breach of the General Terms & Conditions or the Privacy Policy of Pathao Pay.

11.3. Complaint/Refund Claim and Resolution Timeline:-

  1. Requests of Refund/Complaints by the User must be made-

    1. within 15 (fifteen) business days of the transaction
    2. by providing the transaction number and payment receipt (if any);
    3. by calling +88 0961 0003036 (support center); or emailing to the following address: [email protected];
    4. by making a complaint to the Merchant where the refund claim arisen out of service or product-related issues.

  2. Requests of Refund/Complaints shall be settled (refund or justification provided)-

    1. upon getting approval/confirmation from the Merchant's end, subject to the availability of sufficient balance in the Merchant's Pathao Pay wallet;
    2. fully or partially (after deducting any service charge) depending on the Merchant's agreement with the Customer;
    3. only through the Pathao Pay wallet of the customer;
    4. within 15 (fifteen) business days of receiving such refund request/complaint;
    5. which may in some cases be extended to 180 (one hundred eighty) days.

11.4. Complaint/Refund Claim Steps:

  1. In case of a Pathao Pay Error, the Customer requests Pathao Pay for dispute resolution for their particular transactions by giving information like Transaction ID, Transaction Date, Merchant Name, Payment Amount, and reason for the disputes, etc.;
  2. Pathao Pay receives the customer's complaint/refund claim and shares the same with the merchant to get their feedback;
  3. Based on Merchant confirmation, the Merchant and Pathao Pay will take necessary initiatives to refund the amount to customers (if the product/service is not delivered);
  4. If the Merchant says that the claim is invalid as they have delivered the product/service, then they need to share the delivery receipts and/or any other supporting documents to Pathao Pay and Pathao Pay after the necessary investigation, provide feedback to customers accordingly.
  5. For Merchants initiating refunds from their Pathao Pay portal, the merchant requests Pathao Pay with the necessary details. Pathao Pay after getting the request, executes the refund from their end.

11.5. General Terms:

  1. In the event of refund claims arising out of the transaction/payment to any third-party merchant/service provider by the customer, the customer needs to place his/her refund request directly to the merchant/service provider.
  2. As soon as the merchant/service provider approves such request and initiates the refund, the amount shall be credited back to the customer account;
  3. Refunds can be either the full amount or a part of the transacted amount. It depends on the merchant's policy. During the full refund process, Pathao Pay shall reimburse the TDR (transaction processing fee) deducted against the transaction as well;
  4. Merchants may or may not deduct any charges from the refund amount pursuant the agreement between the merchant and the customer;
  5. Pathao Pay will not refund any amount without confirmation of the Merchant.

12. TERMINATION/CLOSING PATHAO PAY USER ACCOUNT

12.1. The User may close their Pathao Pay User Account and terminate this Agreement with Pathao Pay at any time without cost, but shall remain liable for all obligations related to their User Account even after the account is closed. The user can put in a request to close their account by calling +88 0961 0003036 (support center) or emailing to the following address [email protected].

12.2. When the User closes their User account, Pathao Pay will cancel any scheduled or incomplete transactions.

12.3. Users must withdraw or transfer any funds held in their Account before closing their Pathao Pay account. Any bonus balance or offer associated with your account will no longer be available after the closure of the Account or termination of the Agreement.

12.4. In certain cases, the User shall not be allowed to close a Pathao Pay account, including:

  • an investigation is pending;
  • If you have a pending transaction or an open dispute or claim.
  • If your Pathao Pay account has a negative balance.
  • If your Pathao Pay account is subject to a hold, limitation, or reserve.

12.5. If the User attempts to close its Account while the Company is investigating, the Company may hold the User funds to protect Pathao Pay, Affiliates, or a third party against the risk of fees, fines, penalties, and other liabilities. The User shall remain liable for all obligations related to its Account even after the Account is closed.

12.6. Without prejudice to any other rights or remedy it may have, the Company may terminate this Agreement with immediate effect with a prior notice if the User is in breach of this Agreement and, in the case of a breach capable of remedy the breach is not remedied within the 30 (thirty) Days of the Company receiving notice specifying the breach and requiring it to be remedied

12.7. The Company shall not be liable to you for compensation, reimbursement, or damages of any kind, direct or indirect, including damages on account of the loss of prospective profits, anticipated sales, goodwill, or on account of expenditures, investments, or commitments in connection with the use of the Service by the User, or in connection with any termination or suspension of the Service.

12.8. Upon termination of this Agreement for any reason:

  1. you will remain liable for all fees, charges and other payment obligations that have been incurred through the date of termination with respect to the Service;
  2. all license or other rights granted to you under this Agreement will immediately terminate;
  3. you will return or destroy and cease use of all Pathao Pay Materials and Trademarks;
  4. And
  5. your access to the Site will be terminated.

12.9. In addition to any payment obligations under this Agreement, obligations relating to intellectual property and confidentiality shall survive and remain in effect in accordance with the Terms and Conditions.

13. INTELLECTUAL PROPERTY

13.1. All logos, custom graphics, trademarks, URLs, etc. related to Pathao Pay Services, all contents included in this App including but not limited to its code, UX design, texts, graphics, logos, button icons, images, audio clips, digital download, data compilations, and software (Intellectual Property Rights) are the exclusive property of Pathao Pay and protected by local and International Copyright Laws.

13.2. All Intellectual Property Rights owned by Pathao Pay shall not be copied or used without the written consent of the Company.

13.3. Unless expressly stated herein, nothing in this agreement shall be deemed to confer any assignment or license of the intellectual property rights of the Company to the User and all the intellectual property rights of the parties shall remain the property of the respective parties and the other party is only permitted to use the intellectual property rights in the manner specified in this Agreement or contained in the written instructions issued by the respective parties, or as agreed by the parties in writing.

13.4. The Parties shall comply with all specific instructions from the other party and procedures pertaining to the intellectual property rights prescribed by the Parties from time to time, and shall obtain written approval of the other Party in the manner set out herein for all advertisements, publications and communications including or referring to the intellectual property rights.

14. REPRESENTATION AND WARRANTIES

14.1. Each Party represents and warrants that it has all necessary statutory and regulatory permissions, approvals, permits and license(s) for the running and the operation of its establishment and for the conduct of its business, more particularly, for performing its obligations under this Agreement;

14.2. Each Party represents and warrants in relation to the other Parties that:

  1. The execution of this Agreement and the performance of its obligations under this Agreement and the implementations of the terms and conditions contemplated hereby do not constitute a breach of any agreement, arrangement or understanding, oral or written, entered into by it with any third party;
  2. The execution of this Agreement and the performance of its obligations under this Agreement and implementation of terms and conditions contemplated hereby are not a violation of any statute, regulation, rule, order, decree, injunction, or any other restriction of any government agency or court of law or of any regulations authority to which it is subject or of any of the provisions of its constitutional documents.

15. FORCE MAJEURE

15.1. The term 'Force Majeure' as employed herein shall include but not limited to acts of God, acts of the public enemy, wars, riots, epidemics, pandemics, civil disturbances, changes of law, and any other similar events, not within the control of either party and which by the exercise of due diligence neither party is able to overcome.

15.2. If either party is temporarily unable by reason of force majeure to meet any of its obligations under the agreement, and if such party gives to the other party written notice of the event within fourteen (14) days after its occurrence, such obligations of the party shall be suspended as it is unable to perform by reason of the event as long as the inability continues for a maximum period of 90 (ninety) days.

15.3. Neither party shall be liable to the other party for loss or damage sustained by such other party arising from any event or delays arising from such event.

16. INDEMNIFICATION

16.1 The User agrees, understands and undertakes to protect, defend, hold harmless, indemnify and keep the Company and its shareholders, directors, employees and officers fully indemnified of, from and against any and all claims, losses, damages, liabilities, obligations, demands, penalties, actions, causes of action, proceedings, judgments, suits, costs and expenses of any kind (including attorneys' fees and costs and/or regulatory action) and howsoever arising which are imposed or may be imposed on, incurred or that may be incurred, asserted or which may be asserted against, suffered or that may be suffered by the Company or be required to be paid by reason of or as a result of the Company's compliance with the use of the Pathao Pay Services by the User and to fully, irrevocably and forever waive, release and discharge and relieve the Company from any and all claims, obligations and rights whatsoever and howsoever arising, that the User may have against the Company (if any) by reason of or as a result of the Company's compliance with your use of the Services.

16.2. The User hereby further undertakes that it shall defend, indemnify and hold the Company and its affiliates, directors, members, officers, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs and/or regulatory action) arising out of or in connection with its:

  1. use of the Service
  2. violation or breach of any of the Terms and Conditions or any applicable law or regulation, whether or not referenced herein;
  3. violation of any rights of any third party; and
  4. misuse of the Service.

16.3. The User undertakes to indemnify the Company against all losses, claims, actions, proceedings, demands, damages, costs, and expenses incurred or sustained by the Company of whatever nature and howsoever arising out of or in connection with the rendering the Payment Services, provided the Company acts in good faith.

17. AGREEMENT SURVIVAL AND AMENDMENT

17.1. 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 of making 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. The users are requested to periodically check the Company website to get notified if there's any amendment done to this agreement or not.

17.2. 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.

18. ASSIGNMENT OF RIGHTS

The User may not assign or transfer any rights and obligations that it has entered into by signing/agreeing with this Agreement to anyone else without the Company's written permission. The Company reserves the right to assign or transfer this Agreement or any obligation or right under this Agreement at any time.

19. DATA PRIVACY AND PERSONAL DATA PROTECTION POLICY

19.1. The User explicitly and unambiguously consents to the collection, storage, use, and transfer, in electronic or other forms, of their personal information as collected during the Registration Process or at any subsequent stages of the Service for the exclusive purpose of the smooth completion of the Service required by them.

19.2. In connection with the collection, storage, transfer, and use of their personally identifiable information, the Company complies with all applicable laws relating to data privacy in Bangladesh along with its Privacy Policy available at https://pathaopay.com/privacy-policy. The Company has commercially reasonable physical, technical, organizational, and administrative security measures and policies in place including ISO and PCI DSS certifications to protect all personal information collected by it or on its behalf from and against unauthorized access, use, and/or disclosure and is committed to full compliance with the provisions of the personal data protection laws of Bangladesh.

19.3. The User agrees and consents to the Company collecting, storing, using, disclosing and processing its Personal Information/Data for the purposes and in the manner as identified hereunder.

19.3. For the purposes of this Agreement, "Personal Data/Information" means information about the User, from which the User is personally identifable, directly or indirectly, including but not limited to its name, photo, identification card (NID), Phone number, device (mobile/desktop/laptop) specifications, location data, Company account details, business information, or any information about the User which it has provided to the Company by any means that has been or may be collected, stored, used and processed by the Company.

19.4. The provision of Personal Data is voluntary. However, if the User does not provide its Personal Data, its application/request to use the Pathao Pay Services may be incomplete and the Company shall not be able to process the Personal Data of the User for the Purposes outlined below and may cause the Company to be unable to allow the User to use the Service.

19.5. The Company may collect, store, use, disclose, and process Personal Data provided by the User for the services under this Agreement which shall include, without limitation the following (the "Purposes"):

  1. to perform the Company's obligations under this Agreement with you;
  2. to provide you with any services pursuant to the Terms and Conditions herein;
  3. process, manage or verify your application for the Service pursuant to the Terms and Conditions herein;
  4. to validate and/or process payments pursuant to the Terms and Conditions herein;
  5. to process any refunds, rebates and or charges pursuant to the Terms and Conditions herein;
  6. to facilitate or enable any checks as may be required pursuant to the Terms and Conditions herein;
  7. to develop, enhance and provide what is required pursuant to the Terms and Conditions herein to meet your needs;
  8. to conduct due diligence checks, credit assessment, or evaluation with regulatory agencies;
  9. for internal administrative purposes, such as auditing, data analysis, and database records;
  10. for purposes of detection, prevention and prosecution of crime including in relation to its obligations under any applicable laws, regulations, guidelines or notices issued by any government or regulatory authority (whether in Bangladesh or overseas);
  11. for the Company to comply with its obligations any applicable laws, regulations, guidelines or notices issued by any government or regulatory authority (whether in Bangladesh or overseas including disclosing such Personal Data to Bangladesh and overseas law enforcement agencies or courts);
  12. to respond to questions, comments, and feedback from you;
  13. in accordance with any applicable laws permitting the use, collection, disclosure and processing of Personal Data.

19.6. Provided that in the event the Personal Data is shared with third parties including but not limited to the User's affiliate companies, such third party shall be contractually obliged to provide no less protection for that data than the Company.

19.7. The User hereby acknowledges that the Company reserves the right to communicate with you either by email, telephone or text message in relation to the following matters (the "Marketing Purposes"):

  1. to process the User's participation in any events, promotions, activities, focus groups, research studies, contests, promotions, polls, surveys or any productions and to communicate with you regarding your attendance thereto;
  2. to send the User alerts, newsletters, updates, mailers, promotional materials, special privileges, and festive greetings from the Company and/or its affiliate companies, its partners, advertisers, and or sponsors;
  3. to send promotional IVRs, automated pre-recorded OBD, voice calls, or SMS in accordance with the guidelines and regulations of the regulatory authorities.
  4. to notify and invite the User to events or activities organized by the Company and/or its affiliate companies, its partners, advertisers, and or sponsors; and/or
  5. to share the Personal Data provided by them amongst the affiliates and subsidiary companies of DPL (Pathao Pay).

19.8. If there are any queries or the User requires any change in the Personal Data provided to the Company, the User shall contact and notify the Company through the Pathao Pay Customer Care +88 0961 0003036.

19.9. The Company is committed to full compliance with the provisions of the personal data protection laws of Bangladesh.

20. LIMITATION OF LIABILITIES

20.1 In any event, the Company will not be liable for any loss or damage to you if any of the Services or any feature or functionality of any of the Services is not available to the User, including any direct, indirect, consequential or special loss.

20.2 Examples of circumstances in which the Company will NOT be liable to the User for any loss or damage resulting from the use of the Services include (but are not limited to):

  1. Acting on an instruction that has been validly authenticated as coming from the User but which in fact may have been given by somebody else through the fraudulent use of the User's Mobile Phone Number, Pathao Pay Services Password and Purchase Order, etc.; or
  2. Any incompatibility between any of the Services of the Company and the User's equipment and systems, e.g. Smartphone, Tab, mobile subscriber system and/or software; or
  3. Any machine, system or communications failure, industrial dispute or other circumstances beyond the Company's control that leads either to any of the Services being totally or partially unavailable or to instructions given via the Services not being acted upon promptly or at all; or
  4. The User's reliance on any financial information provided as part, or by means, of the Services; or
  5. Any misuse of the User's aforesaid equipment and/or systems by you or anyone else; or
  6. Any access to information about your account(s) which is obtained by a third party;

20.3 In the event that the User suffer any loss or damage as a result of using the Services, the Company shall only be liable for direct loss or damage which, in the ordinary course of events, might reasonably be expected to result from the circumstances in question and only if such loss or damage is proven, beyond reasonable doubt, to have been caused by the Company's gross negligence or willful default. Furthermore, under no circumstances whatsoever will the total liability of the Company in connection with any of the Services exceed the fees/charges actually received by the Company from you in the preceding 6 (six) months period.

20.4. The Company makes no representation, warranty, or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy, or completeness of the Service under this Agreement.

20.5. The Company does not represent or warrant that:

  1. The use of the Service and/or the Pathao Platform will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;
  2. The Service will meet the User requirements or expectations;
  3. Any stored data will be accurate or reliable;
  4. The quality of any services, information etc. will meet your requirements or expectations; or
  5. Errors or defects in the Payment Service will be corrected.

20.6. The Service is provided to the User strictly on an "as is" basis.

20.7. All conditions, representations and warranties, whether express, implied, statutory or other, including without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights, are here excluded and disclaimed to the highest and maximum extent allowed under any law of Bangladesh.

20.8. The Service may be subject to limitations, delays and other problems inherent in the use of the internet and electronic communications including the device used by the User or its Customer being faulty, not connected, out of range of mobile signals or functioning incorrectly. The Company is not responsible for any delays, delivery failures, damages or losses resulting from such problems.

20.9. To the fullest extent permitted by law, the Company shall not be liable for any claim, loss, damage, data loss, costs, or expenses incurred (whether direct or consequential), suffered or sustained by the User arising from or in connection with its use of the Service.

21. ARBITRATION

21.1. Any disputes and relevant questions with respect to the construction of this agreement and the rights, responsibilities, obligations, and liabilities of the parties shall be determined in accordance with the applicable provisions of the laws of Bangladesh.

21.2. Any dispute or disagreement between the parties arising in relation to this agreement shall, at first, be resolved amicably by mutual discussion between the parties. If the parties fail to resolve any dispute amicably by mutual discussion between them within 15 (fifteen) days of time from the date such dispute is raised by a party, then such dispute shall be referred to arbitration in accordance with the provisions of the Arbitration Act, 2001 of Bangladesh.

21.3. Each party shall appoint its own arbitrator and the arbitrator of the parties so appointed shall appoint a third arbitrator. The Place of the Arbitration shall be Dhaka. The decision of the Arbitration shall be final and binding on the parties hereto.

22. PATHAO PAY USER TERMS AND CONDITIONS

22.1. The Service under this Agreement will be rendered in accordance with the Pathao Pay Terms and Conditions available at https://pathaopay.com/terms-and-conditions and relevant rules, regulations, circulars, and guidelines issued by Bangladesh Company and any other relevant laws of Bangladesh.

22.2. Pathao Pay reserves the right to amend, upgrade, change, or modify the Terms and Conditions, within the permissible limits of relevant laws and regulations, from time to time whenever it thinks fit and necessary without giving any notice to the User.

22.3. The User hereby declares that they have read and understood the Terms and Conditions governing the Pathao Pay Payment Service and agrees to comply with the same. The User also confirms that they have read and understood the fees and charges and unconditionally accepts the same and shall be solely responsible for any instruction/transaction made through Pathao Pay using their User Account.

22.4. The User hereby undertakes and agrees that any change, addition or alteration in this Agreement or the terms of service and business of the Company shall be construed as sufficient notice to the User once published in the company website or App irrespective of whether the User receives individual notification or not.

23. CONTACT

For any inquiry, the User can reach out to the Support Helpline at +88 0961 0003036 or send their queries to [email protected].