Terms and Conditions
Mon, 28 Nov 2022
Welcome to www.bkash.com. The following terms and conditions govern your (and any person or entity you enable/allow access through your access) access and use of this website (“Site”), the contents contained herein (“Contents”) and the services offered on the Site (“Services”).
2. Acceptance of terms
2.1 In order to browse, use and/or access the Site and/or the Services you are required to agree to, comply with and be bound by the following terms and conditions. You will be deemed to have accepted these terms and conditions by browsing, viewing, accessing and/or using the Site and/or the Services offered on the Site.
2.2 If you disagree with any part of these terms and conditions, please do not continue to browse, use and/or access the Site and/or the Services.
2.3 In addition to these, there may be additional terms and conditions which apply to individual Services which you will be deemed to have accepted if you register for such Service.
3. Registration and use of the Services and/or Site
3.1 In order to access/use or continue to access/use the Site and/or certain Services, you may be required to provide certain personal information. You agree to provide true, accurate, updated, and complete information when registering at the Site or for such Services.
3.2 You agree to access/use the Site and/or Services only for purposes that are expressly permitted by (i) these terms and conditions and (ii) any applicable law, regulation, guideline or instruction from bKash, the industry regulator or any other competent authority or any policy adopted by bKash with regard to the acceptable access/use of the Site and/or Services.
3.3 You agree that you are solely responsible and liable for (and that bKash has no responsibility to you or to any third party for) any breach of your obligations under these terms and/or conditions and for the consequences (including any loss or damage which bKash may suffer) for any such breach.
4. Prohibited use of the Site, Services and/or Contents
4.1 You specifically agree not to access/use (or attempt to access/use) any part of the Site and/or Services through any form of automated means (including use of scripts or web crawlers) and shall ensure that you comply with, in addition to these terms and conditions, instructions set out in relation to the access/use of any part of the Site and/or Services.
4.2 You agree that you will not engage in any form of activity that interferes with or disrupts any part of the Site and/or Services (or the servers and networks which are connected to the Site and/or Services).
4.3 You agree that you will not reproduce, duplicate, copy, sell, trade or resell any part of the Site and/or Services for any purpose.
4.4 You, and any person or entity you allow to access/use the Site and/or Services through your internet access/access to the Site and/or Services, are not allowed to:
(a) Copy, disclose, modify, reformat, display, distribute, license, transmit, sell, perform, publish, transfer, link to, reverse engineer or decompile (except to the extent expressly permitted by applicable law) or otherwise make available any part of the Site and/or Services except as set out in these terms and conditions;
(b) Include or create links (including deep-links) to or from the Site and/or Services;
(c) Replicate the Site and/or Services or create a separate border around any part of the Site and/or Services (also known as "framing");
(d) Use the Site and/or Services for storing, reproducing, transmitting, communicating or receiving any Offending Material. For the purpose of these terms and conditions, Offending Material means any content transmitted using the Site and/or Services that is:
(i) In breach of any law, regulation, guideline or instruction invoked by bKash, industry regulator or any other competent authority or any policy adopted by bKash with regard to the acceptable access/use of the Site and/or Services, or
(ii) Abusive, indecent, defamatory, obscene, pornographic, offensive or menacing or that has the effect (as may be contemplated by a reasonable person) of causing the recipient to feel so harassed, abused or offended; or
(iii) Designed to cause annoyance, inconvenience or needless anxiety to any person or entity; or
(iv) In breach of confidence, intellectual property rights, privacy or any right of a third party.
(e) Hack into, make excessive traffic demands, probe or port scan other computers, deliver viruses, mail bombs, chain letters or pyramid schemes or otherwise engage in any other behaviour intended to inhibit other users from accessing/using any part of the Site and/or Services or any other website or services;
(f) Collect and process others' personal data except in accordance with applicable data protection law and these terms and conditions;
(g) Advertise or offer to sell goods or services on the pretext that the same are endorsed, offered for sale or originate from bKash;
(h) Infringe any other person's or entity’s intellectual property rights;
(i) Use the Site and/or Services to harvest or collect information about users of the Site and/or Services or to post or otherwise distribute unauthorized or unsolicited advertising, junk or bulk email (also known as "spam"); (j) Use any part of the Site and/or Services in any way that we in our sole and absolute discretion consider objectionable, inappropriate, likely to injure our business, brand, goodwill, reputation or otherwise unacceptable;
(k) Use the Site and/or Services to send emails and other content coached, phrased or written in such a manner as to give an impression that the email is correspondence from bKash.
4.5 You are responsible for any misuse of the Site and/or Services even if it is by another person or entity using your access to the Site and/or Services.
4.6 We reserve the right to block, remove, edit or refuse to post any material that you attempt to transmit through the Site and/or Services that we deem to be in contravention of these terms and conditions and to take such other action as we in our sole and absolute discretion consider necessary to prevent or remedy any breach of these terms and/or conditions. If you become aware of any content or material circulated using the Site and/or Services that is in breach of these terms and/or conditions, Contents or materials on the Site and/or Services then we encourage you to promptly inform us by contacting our customer care center at 16247. We are not responsible or liable for any failure to remove, block, edit or delay in removing, etc. any such infringing content or material or third party material from the Site and/or Services or for any good faith but wrongful removal of third party material.
5. The information we may collect
5.1 We may collect, inter alia, the following information from you:
(a) Full Name;
(b) Shop/Business/Institute Name;
(b) Business/Institute Type;
(c) Home/Shop/Business Address including District & Thana (Police Station);
(d) Contact Information including Mobile Number, E-mail Address;
(e) Demographic Information such as Postcode, Preferences and Interests; and
(f) Other Information relevant to Registration, Surveys, and/or Offers.
5.2 If you do not wish to register, we may not collect any personal information from you and you may visit our site anonymously. However, you will be bound by these terms and conditions with regard to access/use of this Site and/or Services.
6. Use of your Information
6.1 bKash may hold and use information provided by you for a number of purposes, which may include:
(a) Carrying out any activity in connection with a legal, governmental or regulatory requirement on bKash in connection with existing or prospective legal proceedings or in respect of any crime or fraud prevention, detection or prosecution.
(b) Monitoring and/or recording of your communications for bKash’s business purposes such as marketing, quality control and training, prevention of unauthorised use of bKash’s technical systems and ensuring effective systems operation in order to prevent, detect or prosecute any crime or fraud.
(c) Share such information with third parties for bKash’s business purposes such as marketing, quality control and training, acquisition of customers, agents, and/or merchants, customer services, etc.
6.2 In addition to the above, any information we may collect from you may be used, inter alia, for the following purposes:
(a) To provide bKash Products and Services;
(b) For internal record keeping;
(c) To improve the Site (we continually strive to improve our website based on the information and feedback received from you);
(d) To send periodic e-mails;
(e) To administer a contest, promotion, survey or other Site feature
6.3 We implement a variety of security measures to maintain safety to hold and store your personal information. However, neither we nor any third parties provide any warranty or guarantee as to the security and safety measures related to the storage of your personal information.
7. Intellectual Property Rights
7.1 All copyright, trade marks, patents, brand names, corporate names and other intellectual property rights in any material or content (including without limitation software, data, applications, information, text, photographs, music, sound, videos, graphics, logos, symbols, artwork, designs, layout, look, appearance and other material or moving images) contained in or accessible via the Services ("Contents") is either owned by bKash or has been licensed to bKash by the rights’ owner(s) for use as part of the Services and/or on the Site. The bKash name, logo and the bird device/mark are registered trademarks of bKash. All trademarks reproduced herein, which are not the property of or licensed to bKash, are the property of their respective owners.
7.2 You are only allowed to access/use the Site and/or Services as set out in these terms and conditions. If you wish to access/use the Contents or any part thereof for any other purpose other than reviewing it on the Site then you will be required to obtain the prior written permission of the owner of the rights in that material. All rights are expressly reserved.
7.3 Having noted the above you shall not be entitled in respect of any Contents (wholly or partly):
(a) To reproduce, duplicate, copy, sell, trade or resell any part of the Contents for any purpose; or
(b) To pass any part of the Contents on to third parties or to allow third parties to access/use any part thereof for any purpose in any way unless and to the extent expressly permitted; or
(b) To change, edit, modify, reformat or adapt any part of the Contents in anyway.
7.4 Any unauthorized access/use of this Site, Services and/or Contents may give rise to a claim for damages, penalty, losses, legal suit and/or amount to a criminal offence. Further, you will also be liable for all costs and consequences arising out of any claim, demand, penalty, proceeding or legal suit (civil or criminal) initiated as a result of your unauthorized access/use of this Site, Services and/or Contents.
7.5 Any unauthorized use, reproduction or alteration of the bKash name, logo, the bird device/mark and/or any components of the same are strictly prohibited and bKash will utilize all resources to claim, demand, bring legal proceedings against such unauthorized use, reproduction or alteration and extend all out efforts to penalize, prosecute and seek compensation, damages, losses and costs from such persons or entities.
8. No Warranties
8.1 Any information or materials provided herein is solely for your personal information and convenience, and is not intended for commercial use, nor for trading or investing purposes, and therefore should not be treated as a representation or offer of any kind. Such information or materials are not appropriate for the purposes of making a decision to carry out a transaction or trade, nor does it provide any form of advice (investment, tax, legal) amounting to investment advice, or make any recommendations regarding particular financial instruments, investments, products or services.
8.2 The information contained in this Site, Services and/or Contents may be out of date and/or may contain other errors or omissions. bKash provides the Services and Contents on the Site "as is" and makes no warranties of any kind, either express or implied, with respect to the Services and/or the Contents (including without limitation regarding their satisfactory quality, freedom from viruses or other harmful components, fitness for a particular purpose, suitability, reliability, timeliness, accuracy, completeness, security or that they are free from error).
8.3 Neither bKash nor any third party provides any warranty or guarantee or assume any liability or responsibility as to the accuracy, timeliness, performance, completeness, suitability or otherwise of the information or materials (including but not limited to Contents, Services, activities or offers) found, offered or represented on this Site for any particular purpose. You acknowledge that such information, materials, Contents, Services, activities or offers may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
8.4 bKash reserves the right to replace or amend the features, facilities and charges, and the information and materials pertaining to such features, facilities and charges, in relation to the Services, Contents, Site and bKash Products and Services at any time. All bKash Products and Services offered are subject to the standard Terms and Conditionsfor bKash Products and Services.
9. Third Party Hyperlinks and Websites
9.1 From time to time, this Site may also include links to other websites. These links are provided for your convenience and to provide further information only.
9.2 The inclusion of such links to third party websites not controlled by us does not imply any endorsement by us of such websites and as such any transaction you may make with any third party flowing from such links is carried out entirely at your own risk and we accept no liability for any damages or losses that you may suffer as a result.
9.3 These third party websites have separate and independent terms and conditions and privacy policies for their access/use. Neither we nor any third parties provide any warranty or guarantee or assume any liability or responsibility as to the accuracy, timeliness, performance, completeness, suitability or otherwise of the information or materials (including but not limited to contents, services, activities or offers) found, offered or represented on the linked website(s) for any particular purpose. You acknowledge that such information or materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. bKash explicitly disclaims any responsibility or liability as to any consequential losses or damages arising as a consequence of any of the above.
11.1 You are responsible to verify the authenticity of the recipient(s) and the nature of the transaction(s) before doing any transaction. You are also responsible to verify the accuracy and to be careful about entering ‘Receiver bKash Account Number’, ‘Merchant bKash Account Number’, ‘Agent bKash Account Number’, ‘Amount’, ‘bKash Mobile Menu PIN’, ‘bKash ATM Cash Out PIN’, ‘Security Code’, ‘Secret Code’, and other information relating to your bKash Account transactions. You must never share your ‘bKash Mobile Menu PIN’, ‘bKash ATM Cash Out PIN’, ‘Security Code’, ‘Secret Code’ or any other information of a secure nature with anyone. bKash provides a secure transaction platform only, and will not be liable in any way for any human error, misrepresentation or fraudulent activity arising from use of the bKash Products and Services.
11.2 Your use/access of any information or materials on this Site is entirely at your own risk. It shall be your own responsibility to ensure that any products, services, or information available through this Site meet your specific requirements. We shall not be liable or responsible in any regard whatsoever for your use/access of any information or materials on this Site.
11.3 bKash shall not be liable for any loss of use, access, profits or data or any direct, indirect, special or consequential damages or losses, whether such losses or damages arise in contract, negligence, tort or otherwise including without limitation to the foregoing any damages or losses in relation to:
(a) Your use of, reliance upon or inability to use the Site, Services and/or Contents;
(b) If you are dissatisfied or you do not agree with any part of the Site, Services, Contents and/or any of these terms and conditions, your sole and exclusive remedy is to discontinue your use/access of this Site, Services and/or Contents.
12. Indemnity by You
12.1 You irrevocably agree to indemnify bKash Limited, BRAC Bank Limited and any of our third party providers (hereinafter collectively referred to as the “Indemnified Parties”) fully against and to hold the Indemnified Parties harmless on demand from all losses, damages, demands, claims, proceedings, suits, costs and expenses (including reasonable legal costs and expenses) and liabilities howsoever incurred by the Indemnified Parties as a result of any claims, demands, proceedings or suits by a third party resulting from your use/access of the Site, Services and/or Contents in breach or non-observance of these terms and conditions.
12.2 We shall notify you of any such claims, demands, proceedings or suits that we or any of the other Indemnified Parties receives and you hereby agree to provide us and/or any of the Indemnified Parties with full authority to defend or settle such claims, demands, proceedings or suits and shall provide us and/or any of the Indemnified Parties with all reasonable assistance necessary to defend or settle such claims, demands, proceedings or suits at your sole cost and expense.
13.1 The information and materials provided in relation to the Contents and Services on the pages of this Site are for your general information and use/access only and any part of such information and materials is subject to change without notice at our sole discretion.
13.2 bKash reserves the right to review, revise, amend and/or change the Services, Contents, Site, its policies and/or these terms and conditions at any time without any prior notice and you will be deemed to have been bound by such revision, amendment or change by continuing to use/access the Site, Services and/or Contents.
13.3 The construction, validity and performance of these terms and conditions shall be governed in all respects by the prevailing laws of Bangladesh. Your use/access of this Site and any dispute arising out of such use/access of the Site is also subject to the prevailing laws of Bangladesh.
13.4 If any or any part of the provisions of these terms and conditions are declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable, such a term shall be amended or at the discretion of bKash it may be severed from these terms and conditions and the remaining part of the affected provision and other remaining provisions of these terms and conditions shall remain in full force and effect.
13.5 Except where these terms and conditions provide otherwise, the rights and remedies contained herein are cumulative and not exclusive to rights and remedies provided by law. The failure by bKash to enforce at any time or for any period any one or more of the terms and conditions shall not be a waiver of them or of the right at any time subsequently to enforce all terms and conditions.
13.6 No delay or failure by bKash shall constitute a breach or give rise to any claim for damages or loss including loss of anticipated profits if such delay or failure is caused by force majeure. Force majeure shall mean an occurrence which is beyond and without fault or negligence of bKash and which bKash is unable to prevent or provide against by the exercise of reasonable diligence including, but not limited to, acts of God or of the public enemy, appropriation of confiscation of facilities, terrorists activity or other catastrophe, strike or any other concerted acts of employees or other similar occurrences.
13.7 You shall not assign these terms and conditions to a third party. bKash may assign these terms and conditions in whole or part to any third party at its discretion.
13.8 You acknowledge that in agreeing to these terms and conditions you do not rely on, shall have no remedy in respect of, any statement, representation, warranty, guarantee or understanding (whether negligently or innocently made) of any person (whether party to these terms and conditions or not) other than as expressly set out in these terms and conditions as a warranty.
13.9 By visiting www.bkash.com, you agree that the laws of the People’s Republic of Bangladesh, irrespective of principles of conflict of laws, will govern these terms and conditions and any dispute of any sort that might arise between you and bKash.
13.10 In the event that we decide to permanently withdraw the Services, Contents and/or the Site, bKash shall not be liable to you for any ensuing loss or damage occasioned to you from such a suspension, change or termination. Termination shall however not affect your accrued liabilities towards us.