By clicking “Remember me”, you agree to these Terms of Service for using Easy Checkout services (the “Services”) offered by LBFPLC. (“us” or “we”, “our”). The term "you" or "You" shall refer to any person or entity who views, uses, accesses the Easy Checkout service and save his/her credit card/other payment instrument data to the secure and PCI DSS compliant environment of LBFPLC. for processing payments in a more convenient way. These Terms of Service set forth the legally binding terms and conditions for your use of the Service.
1.
You are authorizing us to store your card data in our Secured and PCI DSS Compliant Card Data Environment and You are aware and have agreed to all the consequences in relation to saving card data in our system, including debit from your bank account or credit card for accepting of payment for the service/product that you are availing from the Merchants concerned as per modality and terms & conditions stipulated by them.
2.
You have used your best possible and secure process to store your payment card data in our System that is including but is not limited to using a personal device free from any computer virus or any other malicious program, an updated internet browser, not using any public internet, or insecure Wi-Fi network, etc. In case of any data breach that occurs due to your negligence or from your end, we shall have no liability for any such data breach.
3.
Your card will be linked to your mobile phone number which shall be verified through a One-Time Password (OTP) sent to your mobile phone. To pay with Easy Checkout on a different computer, or after you log out, just enter your mobile phone number during checkout and Easy Checkout will instantly send you a text message to verify your identity.
4.
On your computer, laptop, or mobile phone, when you come back to Easy Checkout or any other participating sites, your card info will already be filled in. You can click Pay to confirm your purchase. You can edit the card number if you need to. You can save multiple cards under Easy Checkout if you wish to. We will have one of your cards tagged as default, which you frequently use. Using Easy Checkout, you will be enabled to enjoy an Easy & Fast payment process by opting out of card 2FA for amounts lower than BDT 3,000.
5.
You are affirming that, you have the absolute authority to use the saved payment card for any applicable means which may be including but not limited to making payment, tokenizing saved card data for processing your payment with particular merchant, etc. In case of any unauthorized or unlawful use of your payment card occurring outside of our environment, we shall not be liable in any circumstances.
6.
You expressly acknowledge that, SSLCOMMERZ is an online payment aggregation platform, which works as an intermediary facilitating the transaction in a limited capacity only and does not bear any responsibility for product/service quality, delivery, or any other kind of logistical support on behalf of the Merchant (or seller). The purchase of any products/services with assistance regarding payment from SSLCOMMERZ systems is a private contract between you and the concerned Merchant. As a Payment System Operator, we do not have any control or cannot determine, advice, or involve in any way in the offering or acceptance of commercial/contractual terms between you and the Merchant from whom you are purchasing service(s) or product(s). We do not make any representation or warranty as to specifics (such as quality, quantity value, salability, delivery, etc.) of the products or services proposed to be sold or sold by the Merchants through their respective websites. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by the Merchants on their websites, and as with the purchase of a product or service through any medium or in any environment, you are advised to independently verify the bona fides of any particular Merchant and use your best judgment and exercise caution as appropriate.
7.
For any queries, disputes and claims, you may reach out to us at our Call Center 16325 or send us an email at myrequest@lankabangla.com at any time. We are always there to address your issues.
8.
The Terms and Conditions are governed by, and construed in accordance with, the laws of Bangladesh, without reference to the conflict of law rules.
9.
If a customer meets the Terms and Conditions of LankaBangla Finance Credit Card (Credit Card Terms and Conditions) he/she may be eligible for enrolling in IP. IP is available for primary and supplementary Credit Cardholders and will only be offered to those customers who abide by the Credit Card conditions meet the minimum transaction floor limit, and have the required Credit Limit on their Credit Card accounts.
10.
LankaBangla Finance shall not be liable if it is unable to perform its obligations under these Terms and Conditions for any reason whatsoever. Further, LankaBangla Finance shall not be held responsible for any delay in the transmission of information to the settlement Bank from the merchant or any Third Party. If at any time, a dispute arises in connection with the IP or these Terms and Conditions, Standard LankaBangla Finance’s decision in connection with the same shall be final and binding. Standard Chartered reserves the right to terminate the IP without prior notice.
11.
You must take all reasonable precautions to keep safe and prevent fraudulent use of your mobile device and security information.
The precautions include:
Never write down or otherwise record your security details in a way that can be understood by someone else;
Not choosing security details that may be easy to guess;
Take care to ensure that no one hears or sees your security details when you use it;
Keeping your security details unique to Other (Online or Physical) Banking and the FinSmart App;
Not disclosing your security details to anyone, including the Law Enforcing Agencies and us;
Changing your security details frequently;
Keeping your security details and mobile device safe;
Once you have logged onto the FinSmart App do not leave your mobile device unattended or let anyone else use your mobile device;
Logging out of the FinSmart App once you have finished using the App services, and in particular not leaving the App running in the background whilst logged in (e.g. whilst multi-tasking, or running other apps);
You will be responsible for all instructions given by you or anyone acting with your authority between when you log onto the FinSmart App until you log off the App.
12.
However, your mobile network operator or any other internet service provider may charge you to access the App and the charges may vary if you access the App when abroad. You will be solely responsible for these usage and charges.
13.
LBFPLC. reserves the right to suspend or terminate the provision of the Services, at its sole discretion, if you use the wallet for unauthorized purposes or if we suspect the App has been used fraudulently or in an unauthorised way. We may notify you in advance, but may not always be able to in the event of account suspension, for any reason other than use for unauthorized purposes.
14.
In order to utilize FinSmart Services, you will be required to create a user wallet by registering your user Mobile number and wallet PIN. As part of the registration process you will receive an OTP (one time password) which will be automatically captured by FinSmart system to allow you to access the FinSmart APP based on your handset device & its operating system’s capability. Some devices & version of operating systems may not allow automatic OTP reading & you may have to enter it manually while registering. By registering for the Services or the FinSMart App in your device and creating a user account you represent that you are of legal age and capacity to form a binding contract under applicable law.
15.
The applicable service charge will be deducted from your wallet upon conclusion of each Transaction, and the new account balance will appear in the FinSmart System and will be communicated to you by a system message. No service charge will be charged for wallet management services such as balance verification or change of PIN code. However, LBFPLC. reserves the right to impose charge or modify (increase or decrease) charge in any services at its sole discretion.
16.
As long as you are registered for the Services, you will be entitled to receive for no additional consideration, maintenance and support services for the Services and the Application, in accordance with LBFPLC. standard terms, by calling the customer service call-center, whose number shall be provided by LBFPLC. authority and as may be updated from time to time.
17.
It is your responsibility to keep your PIN code/password away from your mobile phone. Do not write the PIN code on or next to your mobile phone. You may change your PIN code or password at any time through the FinSmart application.
18.
LBFPLC. reserves the right to suspend or terminate the provision of the Services, at its sole discretion, if you use the wallet for unauthorized purposes or if we suspect the App has been used fraudulently or in an unauthorised way. We may notify you in advance, but may not always be able to in the event of account suspension, for any reason other than use for unauthorized purposes.
19.
You may not, and may not permit or aid others to, translate, reverse engineer, decompile, disassemble, update, modify, reproduce, duplicate, copy, distribute or otherwise disseminate all or any part of the Application, or extract or attempt to extract source code from the object code of the Application. The Application is licensed as a single product; you may not separate its component parts for any purpose. You may not make any commercial use of the Application, whether or not for consideration. Upon identification of such an attempt or use of your identity to attempt such an act may result in legal action from LBFPLC..
20.
The Services and the Application and any software used in connection therewith contain proprietary and confidential information. You acknowledge and agree that the Services and the Application are proprietary of D Money Bangladesh Limited and its licensors, protected under applicable intellectual property and other laws and international treaties. You further acknowledge and agree that all right, title and interest in and to the Services, the Application and any software therein, including associated intellectual property rights, are and shall remain with D Money Bangladesh Limited and its licensors. This Agreement does not convey to you any interest in or to the Services, the Application and any software therein, except for a limited right of use as set forth herein, terminable in accordance with the terms of this Agreement. You will not remove, alter or deface any trademarks or proprietary notices of LBFPLC. brand or of its licensors in the Application.
21.
In connection with the provision of the Service, LBFPLC. will collect and process personal data about you and your use of the Service. LBFPLC. Privacy Statement as amended from time to time is available on the Website. By using our Service, you agree that LBFPLC. can use your personal data in accordance with our Privacy Statement and as otherwise set out in any applicable Service Specific Terms.
Save as provided hereunder, LBFPLC. will not share your personal information with unauthorized persons. Adequate safeguards have been put in place to prevent unauthorized access and to ensure the confidentiality of your personal information.
22.
You acknowledge that by using the Services, some of your personal information will be passed on to the organization for which you are paying the bill or to the person for whom you are purchasing airtime through your wallet, and will be available to any third party involved in the operation of the Services.
You also acknowledge that LBFPLC. may verify your identity information through publicly available and/or restricted government or election commission databases in order to comply with regulatory requirements. You accept that LBFPLC. shall have the right to monitor your account usage and may disclose personal information to local law enforcement or investigative agencies or any competent regulatory or governmental agencies to assist in the prevention, detection or prosecution of money laundering activities, fraud or other criminal activities.
23.
LBFPLC. shall take all required and reasonable measures to ensure the security of the FinSmart System. However, due to the virtual nature of the system and all of its components, which are exposed to security risks by their nature, including disclosure or modification of data installed on the system by unauthorized persons, a security risk exists. You acknowledge the existence of such security risk involved in the use of the FinSmart system.
24.
LBFPLC. provides the application and services "as is" and without any warranty or condition, express, implied or statutory. FinSmart does not warrant that the application and services shall be error-free, that they shall operate uninterrupted or that they shall meet your requirements. Dmoney disclaims any and all warranties, whether express or implied, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, performance, accuracy, reliability and non-infringement.
Notwithstanding anything herein to the contrary, LBFPLC.’s sole and cumulative liability to you or any third party for any loss, cost or damage resulting from any claims, demands or actions arising out of or relating to these Terms and/or your use of the Application and/or the Services shall not exceed the maximum wallet balance immediately preceding the occurrence of the event giving rise to the applicable loss, cost or damage.
In no event shall LBFPLC. be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to, misconduct of agents; technical problems of kiosks; Transactions made to unintended recipients or in incorrect amounts due to the input of incorrect information by you; transactions made from your account by an unauthorized third party who passes all identity and verification checks; any fraud, deception or misrepresentations by any agent; any damages resulting from a recipient’s decision not to accept or record a Transaction made by you through the FinSmart System; failure of any other telecommunications or data transmission system other than the FinSmart System; any result of any acts of government or authority, or force majeure; damages for loss of profits, revenue, goodwill, use, data, electronically transmitted requests or other economic advantage (even if Dmoney has been advised of the possibility of such damages), however caused and regardless of the theory of liability, whether in contract (including fundamental breach), tort (including negligence) or otherwise, arising out of or related to the use of or the inability to use the Application and/or the Services for any reason. Some states may not allow the limitation or exclusion of liability for indirect, incidental or consequential damages, so the above limitation or exclusion may not apply to you.
25.
You may stop using our Service. You may uninstall the FinSmart Application from your device. This will however not affect the validity of your FinSmart wallet.
LBFPLC. may also stop providing Service to you, or add limits to your Service. If you act in breach of the Terms or applicable laws, your right to use the Service and access its content will in any event immediately, without notice, terminate without refund of any fees.
26.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Services as well as FinSmart Application referred here as “FinSmart App” or “LBFPLC. APP” or “APP”.
27.
This Agreement shall be construed and governed in accordance with the laws of country of Bangladesh and the competent courts of Bangladesh shall have sole and exclusive jurisdiction over any dispute under this Agreement. If any action is brought by either party to this Agreement against the other party regarding the subject matter hereof, the prevailing party shall be entitled to recover, in addition to any other relief granted, reasonable attorney fees and expenses of litigation.
28.
Should any term of this Agreement be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms hereof. This Agreement represents the entire agreement between you and LBFPLC. with respect to the subject matter hereof and they supersede any prior proposal, representation, or understanding between the parties. All provisions of these Terms which by their subject matter should survive termination shall survive termination including suspension of your wallet and/or rights to use the Services or any part thereof, including without limitation provisions pertaining to ownership, intellectual property, warranty and liability. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
29.
If we do not deliver the standard of service you expect, or if you think we have made a mistake, please let us know. We will investigate the situation and, if necessary, set about putting matters right as quickly as possible. Where appropriate we will also take steps to prevent a recurrence. To lodge your complaints please call our Call center.
