Terms and Conditions - UPAY Services JANUARY, Upay Department UNITED COMMERCIAL BANK LIMITED UCB.COM.BD UPAYBD.COM

Transcription

1 JANUARY, 2019 Upay Department UNITED COMMERCIAL BANK LIMITED UCB.COM.BD UPAYBD.COM

2 A. Intrductin 1. These terms and cnditins ("Terms") apply t and regulate yur use f United Cmmercial Bank Limited's (the "Bank's") r UCB Upay Service. The Upay Service allws yu t request (via a "Transactin Request"), using the UCB s Upay Custmer App ("Applicatin"), that the Bank carry ut a transactin ("Upay Transactin") t pay an amunt specified by yu ("Purchase Amunt") frm yur UCB bank r credit card r a Upay digital wallet accunt t yur merchant ("Merchant") when yu buy any gd(s) r service(s) frm that merchant. 2. In rder t brwse, use and/r access the Upay Site/Apps and/r the Services yu are required t agree t, cmply with and be bund by the fllwing terms and cnditins. Yu will be deemed t have accepted these terms and cnditins by brwsing, viewing, accessing and/r using the Site/Apps and/r the Services ffered n the Apps. 3. If yu disagree with any part f these terms and cnditins, please d nt cntinue t brwse, use and/r access the Apps/Site and/r the Services. 4. In additin t these, there may be additinal terms and cnditins which apply t individual Services which yu will be deemed t have accepted if yu register fr such Services. 5. In rder t access/use r cntinue t access/use the Apps/Site and/r certain Services, yu may be required t prvide certain persnal infrmatin. Yu agree t prvide true, accurate, updated, and cmplete infrmatin when registering at the Site r fr such Services. 6. Yu agree that yu are slely respnsible and liable fr (and that Upay has n respnsibility t yu r t any third party fr) any breach f yur bligatins under these terms and/r cnditins and fr the cnsequences (including any lss r damage which Upay may suffer) fr any such breach. 7. The Upay Service allws yu t request fr the fllwing types f Upay Transactins t be carried ut: Transactins where yu can buy gd(s) r service(s) frm a physical r an nline merchant by directly debiting yur bank r credit card accunt at UCB r by directly debiting yur Upay virtual wallet r by means f a Upay Digital Cheque. Transactins where yu can fund yur Upay virtual digital wallet r a digital cheque by debiting yur bank r credit card accunt at UCB and frm ther Bank using EFT, NPSB netwrk. Transactins where yur purchase authrity is identified thrugh a unique twdimensinal secured barcde generated by the Applicatin ("QR Cde") ("QR Transactins") with r withut in cnjunctin f a secured One Time Passwrd ( OTP ) r such ther means as prescribed by the Bank. The term " Upay Service" shall be deemed t include any ntificatins, cmmunicatins r services referred t in these Terms and/r any services, functins and features made available thrugh such part f the Upay Services as relates any Upay Transactin. 8. The Upay Service is prvided as part f UCB s latest Digital Banking Services, and accrdingly these Terms are in additin t and shall be read in cnjunctin with: The UCB Terms and Cnditins gverning Electrnic Banking Services (and any reference t the relevant Electrnic Banking Service in the UCB Terms and Cnditins gverning Electrnic Banking Services shall include a reference t the Upay Service) prvided that in the event f any cnflict r incnsistency, these Terms shall prevail ver the UCB Terms and Cnditins gverning Electrnic Banking Services t the extent f such cnflict r incnsistency; 9. Yu must accept and agree t these Terms befre yu are able t use the Upay Service. By accepting and agreeing t these Terms, yu acknwledge and agree that yu have successfully pted-in fr the Upay Service and will be able t perfrm the abve services withut the need fr transactin signing (t secure and authrize transactins). Upn successfully pting-in fr the Upay Service, yu will be ntified by SMS and/r . T use the Upay Services, yu will need t:

3 B. QR Transactins Be Custmer f UCB r any ther Bank. Have installed the Upay Applicatin n yur mbile phne with yur mbile number registered with the Bank r ther bank. Have a valid and active Taka current r savings r credit card accunt with UCB r any ther Bank ("Accunt"); Verify yur Upay wallet thrugh UCBL r ther bank accunt as per prcess. Have a valid NID/r SMART CARD; and Prvide the image f yur valid NID/SMART card during registratin. Prvide same identificatin number (either NID number r SMART Card number) during registratin which is already captured in banking system. Yu can change yur wallet static data as per Bank s prescribed prcess. Cmply with this Terms. 10. Where the relevant Upay Transactin is a QR Transactin, the Terms and Cnditins fr Registratin fr the UCB Upay via QR Service will additinally apply. There is n further T&C fr registratin. C. Miscellaneus 11. Yu are respnsible t verify the authenticity f the recipient(s) and the nature f the transactin(s) befre ding any transactin using Upay. Yu are als respnsible t verify the accuracy and t be careful abut entering Receiver Upay Wallet Number, Merchant Accunt Number Amunt, Upay One Time Passwrd, Upay Passwrd, and ther infrmatin relating t yur Upay Digital Wallet Accunt transactins. Yu must never share yur Upay Passwrd, Upay One Time Passwrd r any ther infrmatin f a secure nature with anyne. Upay prvides a secure transactin platfrm nly, and will nt be liable in any way fr any human errr, misrepresentatin r fraudulent activity arising frm use f the Upay Prducts and Services. 12. Yu are respnsible fr ensuring, and yu warrant, the truthfulness, accuracy and cmpleteness f all infrmatin prvided in respect f such Transactin Request, including but nt limited t the Recipient's cntact details. 13. Once a Transactin Request has been submitted, yu will nt be able t withdraw, cancel r make any changes t such Transactin Request. 14. The Bank shall be entitled, at its abslute discretin, t reject r refuse t accept r prcess r t cancel any Transactin Request r Upay Transactin and shall nt be required t give any reasn fr the same. 15. In relatin t each Upay Transactin: Yu hereby instruct and authrize the Bank t debit yur Accunt and transfer the purchase Amunt t the designated merchant s accunt: Linked t the QR Cde (in the case f a QR Transactin) r such ther means prescribed by the Bank frm time t time. Yu acknwledge and agree that the Bank need nt prcess the Upay Transactin r transfer the Purchase Amunt if there are insufficient funds in yur Accunt. The Bank shall, based n the manner f ntificatin selected by yu pursuant t paragraph 10, ntify yu were: the Purchase Amunt has been successfully transferred t the bank accunt designated by the Merchant; Fllwing the prvisin f the crrect QR Cde by yurself (where applicable), the Purchase Amunt has nt been credited, r has failed t be credited t the bank accunt designated by the Merchant (i.e. the relevant Upay Transactin is unsuccessful). If a Upay Transactin is unsuccessful (as determined pursuant t paragraph 9) but the Purchase Amunt has been debited frm yur Accunt, the Bank shall, where the Bank is in pssessin f the Purchase Amunt r upn receipt by the Bank f the

4 Purchase Amunt, arrange fr the Purchase Amunt t be credited back t yur Accunt. Fr the avidance f dubt, yu will nt be entitled t receive any interest in respect f the Purchase Amunt. 16. Save fr ntificatins sent in cnnectin with yu successfully pting-in fr the Upay Service, yu may chse the manner in which yu receive ntificatins in relatin t Upay Transactins, whether by (i) SMS, (ii) , r (iii) bth SMS and . Unless yu have chsen therwise, the Bank will send ntificatins in relatin t Upay Transactins t yu by bth SMS and/r . All ntificatins t be sent t yu under these Terms: By SMS will, if yu have a valid mbile number registered with Upay, be sent t such valid mbile number; and By will be sent t yur valid address registered with Upay. 17. Yu acknwledge and agree that, fr the purpses f the Upay Service, the Applicatin will be accessing and using the infrmatin in yur Bank (i.e. UCB) and/r the cntact details stred in yur mbile phne, and yu hereby cnsent t the Bank and authrize the Bank accessing and using such infrmatin fr the prvisin f the Upay Service. 18. The Bank reserves the right t impse charges and t revise at any time such charges fr the use f the Upay Service and/r the Applicatin upn prviding ntice in Upay Site & Apps frm time t time. Such charges r revisins shall take effect frm the date stated in the ntice. When yu cntinue t use the Applicatin r submit any Transactin Request after such ntificatin, yu shall be deemed t have agreed t and accepted such charges r revisins t such charges. 19. The Bank expressly excludes any guarantee, representatin, warranty, cnditin, term r undertaking f any kind, whether express r implied, statutry r therwise, relating t r arising frm the use f, the Upay Service r in relatin t the prcessing f r any ther matter relating t any Transactin Request r Upay Transactin. Withut prejudice t the freging, the acceptance by the Bank f yur submissin f a Transactin Request des nt amunt t a representatin r warranty by the Bank that it will, and des nt impse any bligatin n the Bank t, prcess the Upay Transactin r transfer the Transfer Amunt t the Recipient and the Bank des nt represent r warrant that: The Upay Service will meet yur requirements; The Upay Service will always be available, accessible, functin r inter-perate with any netwrk infrastructure, system r such ther services as the Bank may ffer frm time t time; r Yur use f the Upay Service r the Bank's prcessing f any Transactin Request r Upay Transactin will be uninterrupted, timely, secure r free f any virus r errr. 20. Yu acknwledge and agree that, t the extent permitted under applicable law, the Bank shall nt be liable t yu fr any and all lsses, liabilities, csts, expenses, damages, claims, actins r prceedings f any kind whatsever (whether direct, indirect r cnsequential) in respect f any matter f whatever nature and hwsever arising (whether in cntract, trt, negligence r therwise) in cnnectin with: The prvisin by the Bank f r yur use f the Upay Service and/r the Applicatin; The prcessing f any Transactin Request r Upay Transactin; Any Upay Transactin being unsuccessful r cnsidered as unsuccessful r any Transfer Amunt nt having been transferred t the Recipient's designated bank accunt r transferred t a recipient ther than the intended Recipient, whether r nt arising frm: Yur negligence, miscnduct r breach f any f these Terms (including as a result f inaccurate infrmatin being prvided by yu); r in the printed versin there shuld be indent. Any failure, refusal, delay r errr by any third party r third party system, equipment r device (including Bangladesh Bank s BEFTN/RTGS & NPSB payment systems) thrugh whm r which any Upay Transactin is made; Any use f yur mbile device(s) r any security prcedure which is rejected by a merchant r any mbile device used t prcess a QR Transactin;

5 Any malfunctin, defect r errr in any mbile device used t prcess a QR Transactin, r f ther machines r systems f authrizatin r the inability f any mbile device, machine r system t accurately, prperly r prmptly transmit, prcess r stre any data; Any unauthrized access and/r use f yur mbile phne, the OTP (in respect f OTP Transactins) r the Applicatin; The use in any manner and/r fr any purpse whatsever by any persn at any time whatsever and frm time t time f any infrmatin r data: Relating t yu and/r any Merchant; Transmitted thrugh yur use f the Upay Service and/r the Applicatin; and/r Obtained thrugh yur use f the Upay Service and/r the Applicatin; Any event the ccurrence f which the Bank is nt able t cntrl r avid by the use f reasnable diligence; and/r The suspensin, terminatin r discntinuance f the Upay Service. 21. T the extent that any f the limitatins set ut abve are nt permitted by law, the Bank's liability t yu arising frm r in respect f each Upay Transactin, whether in cntract, trt (including negligence r breach f statutry duty) r therwise fr any and all lsses, damages r liabilities caused r arising frm r in relatin t the Bank's prvisin f the Upay Service and/r the Applicatin and/r under r relating t these Terms shall nt exceed the value f such Upay Transactin. 22. The Bank shall be entitled t exercise any f its rights and remedies under the UCB Terms and Cnditins gverning Electrnic/Digital Banking Services (including the right t withdraw, restrict, suspend, vary r mdify) whether in whle r in part. 23. The Bank, at its discretin, impse limit n the transactin amunt thrugh the Upay. Bank has the discretin t increase r decrease the transactin limit. 24. Bank will nt be respnsible if yu give yur lgin infrmatin r phne t any ther persn and they carry ut transactins with yur lgin infrmatin r phne withut yur permissin. 25. Yu shuld Ntify r infrm Bank immediately if yu find that - Yur Upay Mbile Applicatin Activated phne is stlen r lst. Yur accunt has been accessed by anyne unauthrized There had been any unauthrized transactin r errr in yur accunt activity r transactin histry Any ther suspicius activity r transactin in yur accunt. 26. Yu shuld maintain the security f yur Upay accunt by cntrlling and making sure that all IDs, passwrds, security questins & its answers, PINs r ther cdes that yu use fr accessing Upay services are secured and nt revealed t any ther persn. 27. Yu are authrize/permitted t change/r reset yur lgin passwrd nce yu frget passwrd. In such case, yu are respnsible t create new passwrd by prviding the right answer f the security questins which yu have set during registratin r after 30th September Infrmatin prvided in yur Upay Applicatin frm, als authrizes the Bank t update same infrmatin in all ther system f the Bank. D: Indemnity 28. Yu agree t indemnify the Bank against any lss, damage, liability, csts and expenses whether legal r therwise which the Bank may incur by reasn f these Terms and Cnditins r any breach theref r the enfrcement f the Bank's rights as herein prvided. All csts and expenses in such regard shall be payable by yu t the Bank.

6 E: Terminatin/ clsure f wallet accunt We may, in ur sle and abslute discretin withut liability t yu r any third party, terminate yur use f ne r mre Services r access t wallet fr any reasn, including but nt limited t the circumstances listed belw: a) we are required t clse the wallet accunt by law r regulatin; r b) we reasnably suspect that yu ve given us false infrmatin, which was a significant factr in ur decisin t activate yur accunt (r t cntinue t prvide it t yu); r c) we reasnably suspect that yur accunt is being used, r is planned t be used, fr an illegal purpse; r d) we reasnably suspect that yur accunt is used, r is planned t be used, fr taking any unethical advantages f campaigns/ffers etc. f Upay; r e) yu have cmmitted a serius breach f these terms and cnditins r have repeatedly breached the terms and cnditins; r f) yu haven t prvided us with infrmatin we have requested abut yur identity r liability fr tax; r g) yu ve used yur accunt fr a purpse fr which it was nt meant fr; r h) if we reasnably cnsider that by cntinuing with this accunt we may break an applicable Law f Peples Republic f Bangladesh; r i) we reasnably cnsider that any activity thrugh yur wallet may Jepardise Bank s interest. Upn terminatin f yur use f the Services r wallet access, yu remain liable fr all Payment Transactins, Wallet t Wallet Payments and any ther bligatins yu have incurred under these Terms f Service. Upn terminatin, we have the right t prhibit yur access t the Services, including withut limitatin by deactivating yur username and passwrd, and t refuse future access t the Services ffered by Upay Digital Payment System. I hereby acknwledge that I have read and understand the terms and cnditins fr Upay Payments (Upay) Service fr Payers and the risk invlved in Upay Payments (Upay) Service fr Payers peratin and further declare and affirm that by signing belw, I apply fr the United Cmmercial Bank Limited Upay Payments (Upay) Service fr Payers subject t the afresaid terms and cnditins. I als authrize the bank t update relevant infrmatin f my UCB accunt maintained with the Bank as per the infrmatin prvided in this frm. * General Cnditins apply Specimen Signature f Applicant and Date ~~~ THE END ~~~