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

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

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

2. ACCOUNT REGISTRATION

2.1 To use Pathao Pay Service, a Merchant is required to create a Pathao Pay Merchant Account for the Wallet against a designated mobile number (Merchant Account Number) and register themselves as Merchants with the Merchant Panel operated by the Digital Payments Limited.

2.2 For registration, the Merchant is required to upload, but not limited to:

• Personal identification document of the account holder (National ID/Passport)
• Passport Size Photograph
• Trade license/ Partnership deed
• TIN
• BIN
• Contact information such as mobile number, email address, etc.
• Bank account information that shall link the wallet with a bank account of the account holder
• Proof of Registered Address
• and any other required information as and when required as per standard regulations.

For online Pathao Pay Merchants, some of these requirements will be reduced in terms of electronic KYC verification.

2.1 To use Pathao Pay Service, a Merchant is required to create a Pathao Pay Merchant Account for the Wallet against a designated mobile number (Merchant Account Number) and register themselves as Merchants with the Merchant Panel operated by the Digital Payments Limited.

2.2 For registration, the Merchant is required to upload, but not limited to:

3. Use of Merchant Account

3.1 Any registered Merchant shall be provided with two types of merchant panels, the Parent Merchant Panel and the Child Merchant Panel. If a Merchant needs to use multiple Pathao Pay wallets for the same business but for different outlets, they can open the required number of Child Merchant Wallets and have them linked to the Group Parent Merchant Wallet. The Merchant can choose to transfer e-money collected in the Child Merchant Wallet to the Group Parent Merchant Wallet and make bank settlements using the Withdraw Money function, or they can link each Child Merchant Wallet to a bank account and make settlements individually. Such set-up shall be made through the Pathao Pay Merchant Panel.

3.2 The Child Merchants shall be added to the Merchant Panel of the registered Merchant as required by the Parent Merchant from time to time. The registration process of adding a Child Merchant and the maximum number of Child Members permitted to be added to any Parent Merchant shall be determined by Pathao Pay at its discretion.

3.3 Every Child Merchant shall be allowed to have a certain number of Terminals (Payment Counter) where Customers can make their payments. A Merchant without any branch entity shall also be provided with a Parent Panel and Child Panel and the Merchant shall perform the defined activities of Parent and Child Panel from the respective Panel.

3.4 The Child Merchant Panel shall have access to withdraw and refund money from the Panel as well as view and monitor the transactions made at the Panel. The Parent Merchant Panel shall only have access to viewing and analyzing the transactions, monitoring child merchant account transactions and the Terminals. The payment from the Customer shall only be accepted from the Terminal (Payment Counter) of the Child Merchant.

3.5 Transactions can be searched by the transaction ID, transaction type, Child Merchant or date of transactions. Statements can also be downloaded from this section.

3.6 The Merchant shall not allow its customer to make any personal payment through the App or pay any bill by using the ‘Send Money’ option. If the Merchant allows or persuades, whether expressly or implicitly, to make payments by using the `Send Money’ option, the Company shall be entitled to impose penalty and compensation on the Merchant at its sole discretion.

3.7 The Company shall not impose any extra charges on Merchant’s product or service price for accepting Pathao Pay as a payment method.

3.8 The Merchant shall pay a certain percentage of each transaction made through Pathao Pay in consideration of the Payment Services provided to the Merchant as agreed between the Merchant and Company through a separate Service Agreement. For `Make Payment’ from a credit card, extra charges may be imposed on the Merchant by any specific bank.

4. General Rules and Merchant Undertakings

4.1 The Merchant 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.

4.2 The Merchant must own and possess only one Pathao Pay Merchant Account against a designated mobile number. As the Account is non-transferable, letting any other individual have access to their Account shall render the Merchant Account ineligible and the Account shall be subjected to further actions as the Company thinks fit and appropriate.

4.3 03 (Three) consecutive wrong Account name or PIN inputs or failed login attempts may cause blocking of the Merchant Account temporally and will be reopened only after the Merchant contacts Pathao Pay for a PIN reset. The Company may require some information from the Merchant to complete the PIN reset process and charge a fee to the Merchant for every PIN reset request.

4.4 The Company reserves the right to close any Merchant Account having zero balance without any transaction for 01 (one) year and forfeit the balance thereon.

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

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

4.7 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 be fraud or illegal shall be final, conclusive, and binding on the Merchant.

4.8 The Merchant 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 in case of any discrepancies, failing which shall serve as the conclusiveness of the statement.

4.9 The Merchant shall receive SMS notification showing the transaction amount as well as the final balance to the mobile number tagged to their wallet after every transaction or entry takes place in the Merchant Account. The Company shall not be responsible or liable for any delayed, incomplete, inaccurate, or non-delivery of the Notifications for the technical failure of the mobile operators or for any other reason beyond the control of the Company.

4.10 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 system failure or any Act of God or for reasons beyond its control.

4.11 The Merchant Account and PIN issued to the Merchant shall entirely remain with them at their sole risk and the Company shall bear no liability whatsoever for any losses or damages or expenses whatsoever arising whether directly or indirectly as a result of any unauthorized transaction using their Pathao Pay wallet and the Merchant agrees to indemnify the Company against any losses or damages resulting from unauthorized access and use of their wallet.

4.12 The Merchant shall be solely responsible for all financial transactions through Pathao Pay. Fund transfer or transactions including but not limited to Withdraw Money and Make Payment can be made from the Pathao Pay Merchant Account Wallet to another account held with Banks or FIs with the help of BEFTN, NPSB or RTGS. Therefore, Bangladesh Bank rules and regulations for BEFTN, NPSB, and RTGS shall be applicable at all times. For fund transfers to accounts maintained with banks or FIs, the Company shall execute the Merchant’s fund transfer request as per their chosen method- BEFTN, NPSB or RTGS. The time taken to process the transfer shall depend on the beneficiary Bank or FIs. Pathao Pay shall bear no liability or responsibility for delays at the Bank end in processing the Merchant’s request.

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

4.14 When the Merchant gives any authenticated instruction (verbal or written) using the authorized channels of Pathao Pay to be carried out on its Account, the Company will carry out the instruction accordingly up on verification and identification of the Account holder Merchant subject to clause 6.6 and 6.7. The Company shall not be liable for the consequences of such instructions since they are received from the Account holders themselves.

4.15 The Company shall operate as per the information given to it by the Merchant and shall not bear any responsibility nor shall be held accountable for any wrong information provided by the Merchant 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 Merchant, the Merchant 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 to confirm the proposed changes.

5. DEVICE REQUIREMENTS AND SECURITY

5.1 Merchant 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, Merchant users should log out of the app when not in use and promptly report any suspected security breaches or lost passwords to the company.

5.2 Merchant 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. Merchant users must also comply with any additional security requirements communicated by the company.

6. ERRORS

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

6.2 Merchant 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 Merchant user errors and Merchant 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. Merchant users are promptly notified of investigation outcomes, with applicable reimbursements provided for errors or unauthorized transactions.

7. PROHIBITED ACTIVITIES

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

7.2 The Merchant hereby agrees not to engage in the following activities while using the Pathao Pay Services:

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, Counter Terrorism Act (amended) 2012, Counter Terrorism Act (amended) 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 or any other third party;
4. Engaging in potential suspicious or fraudulent activity or transaction;
5. Refusing to confirm or provide their identity or any other information requested for any investigation;
6. Providing misleading or false information to the company;
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 Merchant users or any third party;
8. Distributing or disclosing Merchant user’s information for marketing purposes without the explicit consent of the Merchant 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 the 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 Pathao Pay;

15. Not to make any restricted trade and transactions which shall include but not limited to:

    • ammunition, firearms, combat or tactical knife, weapons or related accessories;
    • narcotics, drugs and tobacco products;
    • antic or obscene items;
    • stolen or counterfeit goods;
    • sexually-oriented material or services;
    • items promoting violence, hate, or racial intolerance, or
    • multi-level marketing program, or
    • off-shore Company, lottery or annuity, or
    • debt settlement service, credit transaction or insurance activities, or
    • offering or receiving payments for bribery or corruption, or
    • check cashing or currency exchange business, or
    • any other contraband goods or illegal items, or
    • any other goods or products which are illegal under any laws of Bangladesh or any regulations, or guidelines of any regulatory authority.

8. REMOVAL/ DEACTIVATION OF PATHAO PAY Merchant user ACCOUNT

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

8.2 If a Merchant 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. Merchant users can close their Pathao Pay Merchant user Account at any time without cost but remain liable for any obligations related to their account even after closure.

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

8.4 In certain cases, the Merchant shall not be allowed to close a Pathao Pay account, which includes:

• pending investigation;
• having pending transaction or an open dispute or claim;
• if the Pathao Pay account has a negative balance;
• if the Pathao Pay account is subject to instructions of hold, limitation, reserve, etc.

8.5 If the Merchant closes their Account while the Company is investigating, the Company may hold the Merchant funds to protect the interests of Pathao Pay and/or affected parties against the risk of fees, fines, penalties, and other liabilities. The Merchant shall remain liable for all obligations related to their Account even after the Account is closed.

8.6 The Company shall not be liable 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 Merchant, or in connection with any termination or suspension of the Service.

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

9. REPRESENTATION AND WARRANTIES

9.1 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.

10. DATA PRIVACY AND PERSONAL DATA PROTECTION POLICY

10.1 Our Merchant users' privacy and security are paramount to us. By using our services, Merchant 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 Merchant user data.

10.2 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 Merchant user experience. Merchant users have the option to provide this data voluntarily, but failure to do so may limit their access to our services.

10.3 Additionally, we may use personal data for internal administrative purposes, compliance with regulatory requirements, and marketing communications, provided Merchant users have consented to such communications. Merchant 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 Merchant users' information at all times.

11. AGREEMENT SURVIVAL AND AMENDMENT

11.1 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.

11.2 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 Merchant user Account.

12. GENERAL TERMS AND CONDITIONS

12.1 The Service under this Agreement will be rendered in accordance with the Pathao Pay Terms and Conditions and relevant rules, regulations, circulars, and guidelines issued by Bangladesh Bank and any other relevant laws of Bangladesh.

12.2 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 Merchant.

12.3 The Merchant 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 Merchant also confirms that they have read and understood the fees and charges applicable under this Agreement and unconditionally accepts the same and shall be solely responsible for any instruction/transaction made through Pathao Pay using their Merchant Account.

12.4 The Merchant hereby undertakes and agrees that any change, addition, or alteration of this Agreement or the terms of service and business of the Company shall be construed as sufficient notice to the Merchant once published on the Company website or App.

13. COMPLAINT MANAGEMENT

13.1 Merchant users can lodge complaints via Pathao Pay's call center, email [email protected], or by calling +8809610003036 or reach out to their respective KAM. 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.