Terms & Conditions
YOU AGREE TO ACCEPT THIS TERMS OF SERVICE WHICH WILL BE APPLICABLE TO ALL USERS FROM January 15, 2023
Welcome to aamarPay!
THIS AGREEMENT AND OTHER POLICIES OF aamarPay MAY BE AMENDED AT ANY TIME BY POSTING A REVISED VERSION ON OUR WEBSITE. THE REVISED VERSION WILL BE EFFECTIVE AT THE TIME WE POST IT.
Your account may be suspended, closed or your access to aamarPay services and/or funds may be limited if you breach this agreement or any other policies you agreed with Soft Tech Innovation Ltd a.k.a aamarPay. It is your sole responsibility to understand and comply with any and all rules, regulation and laws of the jurisdictions applicable to you in connection with your use of aamarPay Services. You are committed to follow the Rules and Regulations of the Govt. of Peoples Republic of Bangladesh, Bangladesh Bank and other related Regulators when using services provided by Soft Tech Innovation Ltd a.k.a aamarPay. You will be accountable for any unlawful use of your aamarPay Account.
1. Services and Eligibility
1.1. aamarPay Services:
Soft Tech Innovation Ltd. (aamarPay / aamarPay) is a complete payment solution of Bangladesh and beyond. aamarPay is a secure payment gateway system that you choose to process your daily transactions. The transactions in aamarPay can be performed from mobile devices or personal computers connected to the internet. Using this system, you will be able to process transactions in a cashless form in compliance with local laws and regulations.
You will use aamarPay with integrity when making or realizing any payment through aamarPay platform, aamarPay will not be liable for your transactions.
It is to be understood that aamarPay merchants/user can use the payment gateway system only for buying or selling products or services which are lawful within the jurisdiction of Bangladesh; if any merchants/user carries out transaction for any unlawful product or service, the account holder will be solely liable for the transaction and aamarPay will be held indemnified for any legal action taken against it.
1.2. Age Eligibility:
Individuals aged 18 years or older will be eligible for using aamarPay Services. aamarPay maintains a strict non-discrimination policy for use of aamarPay services. Any individual aged 18 years or older will be eligible for using aamarPay irrespective of cast, creed, faith, gender, nationality or any other individual identity.
You must provide correct and updated information to Soft Tech Innovation Ltd a.k.a aamarPay for opening and maintaining your account. You need to upload a copy of your valid National ID/passport, Tax Identification Number (TIN) and other related documents based on the business nature at the time of opening your aamarPay Account.
A. Your contact information
You should keep your mobile number and primary/registered email address updated at your own responsibility for receiving electronic communications from aamarPay. aamarPay will consider to have provided any information to you effectively when we send email to your primary/registered email address given in your aamarPay profile. You must ensure that the registered mobile number and/ or email address is not outdated, incorrect or blocked by your service provider. If your registered mobile number and/ or email become invalid and communications are returned to aamarPay, then we may consider your account as inactive and block any transaction as long as we are not provided with a valid mobile number and/ or email address.
B. Identity Verification
aamarPay may validate your identity and may take the assistance of third parties to make inquiries about the information you provide to Soft Tech Innovation Ltd a.k.a aamarPay. For the process of verifying information, you may need to provide further information or documentation, including but not limited to TIN/NID, or follow directed procedures to confirm ownership of your email address, bank account, etc. This information may be requested through third party if required.
Any objection on your part to provide further information or documentation as requested by aamarPay shall constitute ineligibility for using aamarPay services.
You must be the owner of the Account, and conduct business on behalf of yourself only. Letting any other individual have access to your account shall render your account ineligible and the account shall be subjected to further penal procedures as per policy of aamarPay.
2. Financial Transaction
2.1. Transaction Limits:
We may, at our discretion, impose limits on your account. We may increase your transaction limits in tiers according to the extent your account is verified and the activity of your aamarPay services.
When you use aamarPay financial services, applicable fees will be charged from your account as and when applicable. You must have enough balance in your account for processing the transaction along with applicable fees and charges. Applicable fees may be revised and increased as and when required.
2.3. Fraud Policy:
aamarPay can detect suspected fraud transaction within 5-7 seconds after made the transaction. Merchant will be notified in real time to ask his/her customer to provide additional documents for verification process. If cardholder is unable to provide sufficient documents, then aamarPay reverse the payment to cardholder / the respective payment method of user.
3. Transaction Payment Balances
The transaction amount balance of yours in your aamarPay account is maintained in Trust cum Settlement Account with the highest level of integrity. We keep your amount balance in a pooled account along with other aamarPay merchants’ balance; this balance will not be used for corporate or any operational expenses. You agree to maintain balance in your aamarPay account without any interest. aamarPay may receive interest on amounts that aamarPay holds on your behalf. You agree to assign your rights to aamarPay for any interest derived from your funds.
Your balance in the pooled account shall remain indemnified from any irregular transaction carried out by any other aamarPay account holder.
4. Account Closure
4.1. Account Closing Steps:
You may close your Account at any time by following the instructions in your aamarPay Merchant panel. You must withdraw your amount balance prior to closing your Account. Any offer associated with your account will no longer be available for you.
4.2. imitations on Closing Your Account:
If you close your Account while we are conducting an investigation, we may hold your funds to protect aamarPay, Affiliates or a third party against the risk of fees, fines, penalties and other liability. You will remain liable for all obligations related to your Account even after the Account is closed.
5. Unauthorized Transaction or Errors
5.1. Safeguard for Unauthorized Transaction or Errors:
In order to protect your account from unauthorized transaction, aamarPay will reimburse the amount equivalent to unauthorized transaction or error that is eligible for the safeguard according to the procedure described below.
Transactions are considered unauthorized when aamarPay services are used to transfer money from your account without your authorization. If you give your login information to any other person and they carry out transactions from your account without your permission, these transactions will not be safeguarded by Soft Tech Innovation Ltd a.k.a aamarPay.
5.2. Eligibility for Safeguard:
A. To be eligible for the safeguard you must notify us within 5 working days after, or within a reasonable time of your notice of, any unauthorized transaction occurs in your activity feed or transaction history. You should access your account regularly and review account activity for ensuring that unauthorized transactions are not being carried out from your account.
B. ify aamarPay immediately if you find that –
Your aamarPay Merchant password has been revealed to anyone else, or Your account has been accessed by anyone unauthorized person, or there had been any unauthorized transaction or error in your account activity or transaction history, or any other suspicious activity or transaction in your account.
C. Send your notification with your name, phone number, email address, amount of the unauthorized transaction or error and explanation of why you identified the transaction as unauthorized. You can notify us by:
Writing to Soft Tech Innovation Ltd a.k.a aamarPay / aamarPay
If you send us the notification by calling to the mobile number, we may ask for written complaint, question or additional information required for processing
5.3. aamarPay Errors:
In case we detect any error in aamarPay transaction, we will rectify it as soon as possible. Similarly, if an excess fund is transferred to your account, the excess fund will be removed from your aamarPay account. In all the cases described above, you shall be notified before any rectification is carried out in any of your transaction.
5.4. Your Errors:
If you provide incorrect information of your bank details or any other information of yours due to typing mistake, haste or any other reason, aamarPay will not protect you with the safeguard for unauthorized transaction or error. You will be solely responsible for your error and will have to settle with that person without requesting any involvement of Soft Tech Innovation Ltd a.k.a aamarPay / aamarPay
5.5. aamarPay actions against your notification:
We will investigate the reported unauthorized transaction or error to determine its eligibility for safeguard. We will conduct an investigation and determine the eligibility of safeguard; aamarPay’s decision about the eligibility will be considered final.
We will conduct our investigation as soon as possible from the date of receiving the notification or if we detect any suspicious activity from your account. We will send you an email with the decision of our investigation and will reimburse you for the error or unauthorized transaction.
6. Acceptable Use Policy
You will not abuse the payment platform of aamarPay by conducting any of the prohibited activities, unlawful activities or transactions before taking the permission of Soft Tech Innovation Ltd a.k.a aamarPay / aamarPay.
6.1. Prohibited Activities:
A. General Prohibitions:
You agree to avoid the following activities while using aamarPay.
Monitoring or copying our website using proxy, robot or manual process without prior written permission of aamarPay.
Explanation: copyright, trademark, patent or any other term used above are to be meant and construed in their usual, ordinary sense or definitions attached with them under relevant laws of Bangladesh.
B. Restricted trade and transactions:
When you buy or sell any product/service through aamarPay payment gateway make sure that you are not making any transaction involving:
- ammunition, firearms, combat or tactical knife, weapons or related accessories, or
- narcotics, drugs and tobacco products, or
- antic or obscene items, or
- stolen or counterfeit goods, or
- sexually oriented material or services, or
- items promoting violence, hate or racial intolerance, or
- multi-level marketing program, or
- off-shore banking, 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
- payment collection on behalf of a merchant, or
- any other contraband goods or illegal items.
- Which is breaking the Bangladesh Bank (Central Bank) guideline & policy including AML/CFT.
7. Generic Terms
You agree to unconditionally indemnify aamarPay, our affiliates, employees, directors, agents and suppliers from any demand, claim, fine or other liability incurred by third party arising out of the breach of this agreement. The foregoing parties will not be liable for any lost profit or consequential damage arising out of unlawful use of aamarPay services. The mentioned parties will only be liable for the actual amount of direct damage if it is caused by aamarPay error.
7.2. Availability and nature of service:
aamarPay is a payment platform. It does not provide banking, fiduciary or trustee services. aamarPay is not liable for the services and products whose transactions are made using aamarPay Services. We cannot guarantee that the buyer or seller you are dealing with is authorized or will complete the transaction.
Since aamarPay services are dependent on many factors outside our control and we may need to suspend the online availability for upgradation and the maintenance of the system including the banking partners & MFS partners, we cannot provide any warranty about the amount of time needed to complete any transaction. aamarPay will make reasonable effort to run smooth and prompt functioning of the system within our limitation.
7.3. Intellectual Property:
“aamarPay” and all other logos, custom graphics, trademarks and URL related to aamarPay services may not be copied or used without written consent of aamarPay Systems Limited. Any technology created or derived from aamarPay services are the exclusive property of aamarPay and its licensors.
7.4. Securing your Password:
You should maintain the security of your aamarPay merchant account by controlling and making sure that all IDs, passwords, PINs or other codes that you use for accessing aamarPay services are secured and not revealed to any other person.
7.5. Communication with you over Phone:
You agree to receive phone calls and messages from aamarPay including auto dialer and prerecorded messages regarding your use of aamarPay services or verification purpose. The phone number that you provide to aamarPay must be active and stay in your possession as we may request information for verification purpose by contacting you over the phone. Your voice and conversation with aamarPay over the phone may be recorded for resolving complaints, detecting fraud and ensuring security.
It is your responsibility to determine the tax of your transactions in aamarPay and you should pay the taxes to appropriate authority at your own responsibility. aamarPay is not responsible for determining, collecting or reporting taxations arising from your transactions. aamarPay shall remain indemnified from any claim of tax, VAT or any other public charges applicable on any of your transaction.
7.7. Agreement Survival, Amendment and Termination:
If any section/provision of the agreement is rendered invalid, it will be changed or removed while the remaining sections/provision will stay valid. aamarPay Systems Limited holds the right of making any amendment/correction of any terms of services from time to time in future. These modified amendments will be effective just after being posted in the website.
aamarPay at its sole discretion, reserves the right to terminate this agreement or any of its service for any reason at any time by refunding all unrestricted funds in your aamarPay account.
7.8. Assignment of Rights:
You may not assign or transfer your rights and obligations that you have entered into by signing/agreeing with this agreement to anyone else without aamarPay’s written permission. aamarPay reserves the right to assign or transfer this agreement or any obligation or right under this agreement at any time.
7.9. Translation of this Agreement:
If you read any translated version of this agreement, it had been translated solely for your convenience of understanding the agreement. If any discrepancy arises between the translated agreement and this English agreement, the English version of the agreement will prevail and be enforced.
7.10. Instructions given by you on your account:
When you give any authenticated instruction (must be written over registered email) to be carried out on your account, aamarPay will carry out the instruction accordingly. aamarPay will not be liable for the consequences of the actions on those instructions as those were delivered by you.
When you add your bank account to aamarPay merchant account for carrying out transaction between your aamarPay account and bank account, you are authorizing aamarPay to debit or credit fund to and from your aamarPay account to aamarPay’s official account according to your instructions and terms of this agreement. You also authorize aamarPay to take necessary steps and request addition information and/or document from you or your bank for verifying the credibility of your bank account.
8. Member’s Protection
Members can lodge their complaints of dispute by calling directly to call center, email, via & web, aamarPay official Facebook page, Facebook Messenger etc. aamarPay will initiate the action required for addressing the complaint within reasonable timeframe of receiving it. aamarPay has been maintaining call center operation from 10 am to 7 pm for assisting its’ valued members and managing the complains accordingly
If the investigation of the complaint reveals that member has filed a wrong allegation to gain other benefit or harass the opposite party, the monetary amount of the complaint will be realized from his/her aamarPay account along with other fines and penalties. Even it can also be suspended or permanently closed if found associated with such wrongful allegation. The Account holder will be notified before any of the above action is taken.
9. Buyer’s & Seller’s Protection
aamarPay is always obliged to follow the Bangladesh Bank (Central Bank) guidelines & policies for PSO licensee along with the Commerce Ministry of Bangladesh. We maintain ESCROW policy for according to the guideline. Buyers & sellers disputes are managed by the ‘Vokta Odhikar Shongrokkhon Odhidoptor’ authority.
10. Action for your liability to aamarPay
You are responsible for all claims, fees, fines or other liabilities incurred by aamarPay, third party or other user caused due to your breach of this agreement. You agree to reimburse the affected party for any liability caused due to your action.
10.1. Reimbursement of the liabilities:
The amount that you owe to aamarPay against any liability will be immediately removed from your aamarPay account balance. If you do not have enough balance, the existing balance of your account will be removed and you’ll need to reimburse the remaining amount to aamarPay by paying the money to aamarPay account within three working days.
10.2. Actions against Prohibited Activities:
If we have reason to believe that you have engaged any of the prohibited activity mentioned in section 7.1, we may take any or all of the following actions:
Suspend, close or limit your access to your aamarPay account or specific aamarPay service, or Obtain Tk. 10,000 or more for each prohibited transaction or activity that you perform in aamarPay Systems, or Refuse to provide aamarPay services to you at the time of detection of prohibited activity or anytime in future, or Place your funds or specific transactions on hold for suspicion of an illegal transaction, fraudulent activity, etc. In case of such action, you will receive a notice.
10.3. Holds or Reserves:
aamarPay may place hold or reserve on your account balance for security of our aamarPay System. We will provide notice for our action and you will have opportunity for requesting restoration of your access if we deem appropriate.
10.4. Transaction Profile Consistency:
aamarPay will monitor activities and transaction in your profile and set privilege classes and status for your account. The privilege classes and account status will have preset Transaction Profile for each of them. Your daily and periodic transaction should be consistent with the Transaction Profile for your account class and status.
11. Dispute Settlement Guide
11.1. Inform aamarPay First:
In case any dispute arises between you and aamarPay, you will inform aamarPay immediately. We affirm you that we will address your concern and provide you with a neutral and cost-effective mean of settling the dispute quickly. You can inform us by:
writing to Soft Tech Innovation Ltd a.k.a aamarPay / aamarPay.
Plot 11, Road 2, Sector 3, Paradise Tower, Level-9, Jashimuddin Avenue, Uttara Dhaka-1230.
In the event of controversy or claim, any dispute arising out of or in connection with this agreement, if not solved by mutual understanding shall be settled by arbitration. The arbitration shall be conducted by one or three arbitrators, who have at least ten years of experience in the particular field and also experienced as an arbitrator. The arbitration should be held in Bangladesh and the existing law of Bangladesh will applicable in the arbitration.
11.3. Law and Jurisdiction of Dispute:
If either party is not satisfied by the dispute resolution through the arbitrator, the dispute and solution provided by the arbitrator can be extended to any court of Bangladesh after following the dispute settlement guideline of section 11.1 and 11.2. You agree to obey the instructions of the regulators which may be changed from time to time on Anti-Money Laundering Act-2012, Counter Terrorism Act-2009, Counter Terrorism Act (amended) -2012, Counter Terrorism Act (amended)-2013 and other such act/regulations which to be issued from time to time in future.
11.4. Litigation filed improperly:
All disputes and claims you have against aamarPay should be resolved in accordance with section 12 of this agreement. Any cases filed by breaching this agreement will be considered improper, and aamarPay reserves the right to recover fees and cost associated with the case and lawyer’s charge of minimum 10,000 Taka for improperly filed claims. You will be liable for the fees and charge if you fail to withdraw the claim promptly after receiving written notifications from aamarPay.
aamarPay will be entitled to recover all associated cost according to this agreement even in case you are declared insolvent under the provision of any bankruptcy or insolvency law.
11.6. Communicating with you:
aamarPay will communicate with you through your primary mobile number and/or email address, which you should keep updated at all time. It will be considered that you have received the electronic communication after 24 hours of posting it on our website or to your email address. Postal mail will be considered received within 5 business days of sending the mail.