Please read these terms and conditions carefully before take any services from the Site. If you do not accept these terms of use, please do not use this Website. Your continued use of this site confirms your acceptance of these terms. These terms and conditions do not affect any of your statutory rights. However, it is important that you should understand that by taking any service from the Site you agree to be bound the terms and conditions.
Bdsmartpay is a simple and secured online recharge portal. We provide online mobile recharge service of Telco operators in Bangladesh. Utility subscribers of Bangladesh can recharge Postpaid & prepaid account at Bdsmartpay.
It is necessary to register with us to take any service of this Website www.bdmsartpay.com. By using our Service and/or purchasing a Top-Up, you agree to the following:
1.AGREEMENT. This Agreement will be effective as
of the date of your acceptance thereof and will remain effective until
terminated by either party as set forth in these Terms and Conditions of
Service.
2.TERMS AND CONDITIONS. The following terms and
conditions will apply to use of the Service:
a.CHANGE OF SERVICE. bdsmartpay.com reserves the right to
modify, suspend or stop the Service (or any part thereof), either temporarily
or permanently, at any time or from time to time, with or without prior notice
to you. Without limiting the foregoing, bdsmartpay.com may provide notice of
any such changes to the Service by posting them on its websites and/or via the
Service. You agree that bdsmartpay.com shall not be liable to you or any third
party for any modification or cessation of the Service. You acknowledge that bdsmartpay.com
has no express or implied obligation to provide, or continue to provide, the
Service, or any part thereof, now or in the future; and in addition, bdsmartpay.com
may at any time, upon prior notice as required by applicable law, institute
charges or fees for the Service.
b.LEGAL AGE. You must be at least of legal age to form a
binding contract with bdsmartpay.com to use the Service.
c.PURCHASE. Purchase must originate In Bangladesh.
d.USER ID AND PASSWORD. In order to make use of the Service,
bdsmartpay.com will grant you a User ID, Password and Account (hereinafter your
bdsmartpay.com account). You shall be fully responsible for safeguarding and
maintaining the confidentiality of your selected User ID and Password, and
shall be fully responsible and accountable for any unlawful use of the Service
by means of Your User ID or Password by any person. You are also responsible
and liable for all activities conducted through Your User ID, Password and
Account, even if this occurs without your permission.
e.ACCESS TO YOUR ACCOUNT. You acknowledge and agree that bdsmartpay.com
may access, use, preserve and/or disclose your account information if legally
required to do so or if we have a good faith belief that such access, use,
disclosure, or preservation is reasonably necessary to: (a) comply with legal
process or request; (b) enforce these Terms and Conditions, including
investigation of any potential violation thereof; (c) detect, prevent or
otherwise address security, fraud or technical issues; or (d) protect the
rights, property or safety of bdsmartpay.com, its users or the public as
required or permitted by law.
f.USE OF THE SERVICE. Subject to these conditions, you may
use the Service for Top-Up or Utility bill payment as follows: (i)
Use and follow the step-by-step transaction process to avail the Top Up/Utility
Recharge; (ii) After you place the order and the transaction is successfully
processed, the Recipient will be informed that his or her pre-paid or post-paid
mobile account has received a Top-Up or provided with the code and serial
number of Utility card; (iii) Recipient's pre-paid/post-paid mobile account will
receive the Top-Up you ordered in case of top up request. Recipient will
receive the code and serial number of Utility card in case of Utility card
purchase.
g.TERMINATION OF SERVICE. We reserve the right to suspend or
terminate your ability to use the Service as a result of any unpaid balance.
h. REFUND POLICY: Any Top-Up and/or Internet Recharge and/or digital product purchased is not returnable. Your payment is only refundable in the condition that the payment was successfully debited by your bank or payment processor but service has not been provided. If payment is debited and service is provided, there is no refund. In case ordered product is not available at end
of Supplier of the Product, then full refund of the product will be processed
within 90 working days to the customer. Refund process will executed on the basis of customer claim to us.
3.NOT TELCOMMUNICATION SERVICE. bdsmartpay.com is not
your or the Recipient's telecommunications services provider nor a utility. The
telecommunications services that the operators provide are separate from the
top up service that bdsmartpay.com is providing you in these Terms of Service. bdsmartpay.com
is simply offering you a convenient service through which you can add a Top-Up
to Recipients as described above.
4.PAYMENT PROCESSOR. The payment processor for the
Service through bdsmartpay.com is your bank. While bdsmartpay.com will not have
access to the credit card or payment information that you submit directly to
your bank (including information relating to your account), the information you
submit to the bank must meet their requirements in order for them to notify us
that we can proceed in processing a requested recharge in case of top up and
Utility recharge. You agree that bdsmartpay.com is not responsible for any
information that you submit to them and that such payment processor shall be
solely responsible for collecting, storing, using, and transmitting the
information that you submit to them directly in accordance with your use of the
bank's service.
5.WARRANTIES AND LIMITATIONS OF LIABILITY
a.Subject to the terms and conditions of the Terms of
Service, bdsmartpay.com warrants that it will use good faith efforts in
performing its obligations herein.
b.Bdsmartpay.com (including its subsidiaries, affiliates,
service providers, vendors, and contractors, and their respective directors,
officers, employees, contractors, and agents) does not guarantee, represent, or
warrant that your use of the service will be uninterrupted or error-free, and
you agree that from time to time bdsmartpay.com may remove the service for
indefinite periods of time, or cancel the service at any time, without notice
to you.
C.In no case shall bdsmartpay.com (including its
subsidiaries, affiliates, service providers, vendors, and contractors, and
their respective directors, officers, employees, contractors, and agents) be
liable to you or any third party for any direct, indirect, incidental,
punitive, special, or consequential damages arising from the use of the service
or purchase or use of any top-up, or for any other claim related in any way to
the service or any top-up made available by bdsmartpay.com, including, but not
limited to, any errors or omissions in any material relating to them, or any
loss or damage of any kind incurred as a result of their use or purchase, even
if advised of their possibility.
D.You acknowledge and agree that bdsmartpay.com has offered
its products and services and entered into these terms in reliance upon the
warranty disclaimers and the limitations of liability set forth herein, and
that the warranty disclaimers and the limitations of liability set forth herein
reflect a reasonable and fair allocation of risk between you and bdsmartpay.com.
You acknowledge and agree that bdsmartpay.com would not be able to provide the
service to you on an economically reasonable basis without these limitations.
E.Bdsmartpay.com does not represent or guarantee that the
service will be free from loss, corruption, attack, viruses, interference,
hacking, or other security intrusion, and bdsmartpay.com disclaims any
liability relating thereto.
6.DISPUTE RESOLUTION. If a dispute arises between you
and bdsmartpay.com, our goal is to provide you with a neutral and cost
effective means of resolving the dispute quickly. Before resorting to these a
lawsuit, we strongly encourage you to first contact us directly to seek a
resolution by writing to us at info@bdsmartpay.com or mobile numbers mentioned
in our contact. We will consider reasonable requests to resolve the dispute
through alternative dispute resolution procedures, such as mediation or
arbitration, as alternatives to litigation.
7.LAW AND FORUM FOR LEGAL DISPUTES. These Terms of
Service shall be governed in all respects by the laws of the People's Republic
of Bangladesh as they apply to agreements entered into and to be performed
entirely within Bangladesh between Bangladeshi residents, without regard to
conflict of law provisions. You agree that any claim or dispute you may have
against bdsmartpay.com must be resolved exclusively by a supreme court located
in Dhaka, Bangladesh, except as otherwise agreed by the parties or as described
in the Arbitration Option paragraph below. You agree to submit to the personal
jurisdiction of the courts located within Dhaka city, Bangladesh for the
purpose of litigating all such claims or disputes.
8.IMPROPERLY FILED CLAIMS. All claims you bring
against bdsmartpay.com must be resolved in accordance with this Dispute
Resolution Section. All claims filed or brought contrary to the Dispute
Resolution Section shall be considered improperly filed. Should you file a
claim contrary to the Dispute Resolution Section, bdsmartpay.com may recover
attorneys' fees and costs up to 10000 Tk, provided that bdsmartpay.com has
notified you in writing of the improperly filed claim, and you have failed to
promptly withdraw the claim.
9.USE OF ELECTRONIC SIGNATURE. You agree your
electronic signature is the legal equivalent of your manual signature on this
Agreement. By clicking on the checkbox next to “I agree to the Terms of
Service” before completing your purchase, you agree to be legally bound by the
Terms and Conditions of Service. You also agree that no certification authority
or other third party verification is necessary to validate your electronic
signature and that the lack of such certification or third party verification
will not in any way affect the enforceability of your electronic signature or
any agreements between you and bdsmartpay.com.
10.NO ASSIGNMENT. You may not assign these Terms of
Service and your license to use the Service to anyone. bdsmartpay.com may
freely assign these Terms of Service without restriction.
11.NOTICE. bdsmartpay.com may send you notice with
respect to the Service by any method, including by sending an email message to
the email address listed in your bdsmartpay.com Account contact information, by
sending a text message to the mobile phone number listed in your bdsmartpay.com
Account contact information, by sending a letter via postal mail to the contact
address listed in your bdsmartpay.com Account contact information, or by a
posting on our Site. Notices are effective immediately as of the time of their
sending.
12.FORCE MAJEURE. bdsmartpay.com will not be
responsible for failures or delays to fulfill any obligations due to causes
beyond its control, including in connection with events or circumstances
impacting its subsidiaries, affiliates, service providers, vendors,
contractors, and licensors.
13.MODIFICATIONS. bdsmartpay.com reserves the right,
at any time and from time to time, to update, revise, supplement, and otherwise
modify these Terms of Service and to impose new or additional rules, policies,
terms, or conditions on your use of the Service. Such updates, revisions,
supplements, modifications, and additional rules, policies, terms, and
conditions (collectively referred to as "Additional Terms") will be
effective immediately and incorporated into the Terms of Service.
Notwithstanding the preceding two sentences, a) in the event any such
Additional Terms materially alters your rights hereunder, we will attempt to
notify you such as through a message sent to the email address you provided
upon registration or a popup window when you log in to the Site, b) such
modified Terms will be effective upon the earlier of your use of the Service
with actual knowledge of the changes or thirty days after the changes are
posted to the Site, and c) no modifications to these Terms will apply to any
dispute between you and bdsmartpay.com that arose prior to the date of such
modification. Your continued use of the Service following the posting of the
Additional Terms will be deemed to constitute your acceptance of any and all
such Additional Terms. All Additional Terms are hereby incorporated into this
Agreement by this reference.
14.ENTIRE AGREEMENT. These Terms of Service
constitute the entire agreement between you and bdsmartpay.com and govern your
use of the Service and Top-Up transaction, superseding any prior agreements
between you and bdsmartpay.com. You also may be subject to additional terms and
conditions that may apply when you use affiliate services, third-party content,
or third-party software.
15.SEVERABILITY. If any part of these Terms of
Service is held invalid or unenforceable, that portion shall be construed in a
manner consistent with applicable law to reflect, as nearly as possible, the
original intentions of the parties, and the remaining portions shall remain in
full force and effect.
16.NO WAIVER. bdsmartpay.com's failure to enforce any
right or provisions in these Terms of Service will not constitute a waiver of
such provision, or any other provision of these Terms of Service.
17.HEADINGS. The heading references herein are for
convenience purposes only, do not constitute a part of these Terms of Service,
and shall not be deemed to limit or affect any of the provisions hereof.
18.CONTACT US. The services hereunder are offered by bdsmartpay.com.
If you experience difficulties in using the Service, please contact bdsmartpay.com
at: info@bdsmartpay.com
