Terms and Conditions for Payment

You must read these terms of use for SUNCROPS Online Payment Terms & Conditions carefully before using SUNCROPS ’s Online Payment. By registering to use SUNCROPS ’s Online Payment and also by virtue of your continued usage of this service, you shall be deemed to have accepted and be bound by these Online Payment Terms and Conditions as well as other terms governing SUNCROPS ’s Online Payment, as amended from time to time. If you reject these terms and conditions, you cannot use the Online Payment functionality and cannot continue to log-on to this service.

Introduction

These Online Payment Terms explain your responsibilities and obligations relating to the Services and information that you use or request from us, or we provide to you, through SUNCROPS ’s Online Payment.

These Online Payment Terms and Conditions will be displayed during the process of payment and will be available for viewing on the Site.

The following expressions shall have the ascribed meanings wherever used in these Online Payment Terms:

“SUNCROPS“ means SUNCROPS Ltd, 118/3 Meher Khan St, Gazipur, Bangladesh, and where the context allows or requires, includes its successors and assigns.

“Customer “(also ‘you’, ‘your’, ‘yours’, ‘yourself’) means the person requesting the Services.

“SUNCROPS Site”(also “the Site“ ) means any internet site established, operated or maintained on our behalf through which you access the Services.

“Institution“ means any member of the SUNCROPS Group (other than the Bank) and any third-party financial institution which the Customer has notified to the Bank should be treated as an Institution for the purposes of these Online Payment Terms.

“Instruction/s“ means any request/s or instruction/s which is/ are received by the Bank through Online Banking.

“Mobile/Internet Payment Gateway or Mobile/Internet Payment Gateway App“ means those aspects of the Services which are accessible and functional through the Bank’s Mobile/Internet Payment Gateway application (as updated from time to time) which runs an operating system supported by us through which you can access some of the Services.

“Bank“ means any legally established financial institution authorized to carry out financial transaction governed by the law of People’s Republic of Bangladesh.

“Password“ means the confidential password, created by the Customer during the Online Payment registration. This will eventually be used by the Customer to use the SUNCROPS Internet Payment Gateway and have access to the Digital Secure Key’.

“Personal Identification Number (PIN)“ means any confidential PIN, code or number, issued to the Customer by the Bank or created by the Customer which may be used to execute Instructions.

“Secure Key“ means an electronic device used to generate the Security Code. It can be either a physical secure key (hereinafter referred to as ‘Physical Secure Key’), or a secure key embedded in the Customer’s Mobile/Internet Payment Gateway App (hereinafter referred to as ‘Digital Secure Key’).

“Security Code“ means a one-time code/OTP generated by a Secure Key.

“Services“ means the Online Payment service, the Secure Key and the services offered or made available by the Bank through the Online Payment service.

“Time“ means Bangladesh Standard Time.

“User name“ means the user identification code by which the Online Payment service identifies the user.

“Information Provider/we/us/our“ means the SUNCROPS Ltd. itself.

The terms used in these Online Payment Terms and Conditions, unless defined herein or the context otherwise requires shall bear the same meaning assigned to them in the General Terms and Conditions.

• 1. Services
  • We shall provide, subjected to the Online Payment Terms and Conditions, the Services on Online Payment through the Site to enable the Customer to give instructions to and communicate with us electronically for the purposes of conducting monetary transactions for obtaining services, products, information, goods, benefits and privileges from the SUNCROPS Group.
  • As part of the Services, we may make available via the Site financial, market or other information and data (‘Information’) supplied by any person (each an ‘Information Provider’ which expression shall include any person who supplies any information to an Information Provider) and may provide reports compiled from Information in any form, medium or means (‘Reports’).
  • We have the right to determine and vary from time to time the scope and type of the Services to be made available through Online Payment including, without limitation to;
    • expanding, modifying or reducing the Services at any time;
    • imposing and varying any restrictions on the use of the Services such as minimum and maximum daily limits with respect to the value of any transaction or dealing or any type of transactions or dealings which the Customer may conduct by using the Services;
    • prescribing and changing the normal service hours during which the Services are available and any daily cut-off time for any type of Services or transactions.
      
      
• 2. Governing Terms and Conditions
  The Services are governed at all times by (i) these Online Payment Terms and Conditions, (ii) the General Terms and Conditions of Online Payment constituted by Central Bank of Bangladesh and any other laws applicable established by the Government of Peoples Republic of Bangladesh.
  Notwithstanding anything stated in the General Terms and Conditions, in case of any conflict between the Online Payment Terms and Conditions and the General Terms and Conditions, the Online Payment Terms and Conditions shall prevail.
  
  
• 3. Use of the Services
  • To access the Services for the first time, the Customer is required to register online, or in such other manner as the Bank may from time to time specify, and indicate his acceptance of all the terms and conditions governing the use of the Services and to provide such information as the Bank may reasonably specify for identifying him/her.
  • By registering to use the Services, the Customer warrants that all information provided by the Customer to the Bank in relation to the Services is true, complete and up-to-date. The Bank shall not be required to independently verify the same.
  • The Services are for the Customer’s sole and exclusive use.
  • The Customer shall not use or knowingly allow any other person to use the Services, the Information and/or the Reports for or in connection with any illegal purpose or activity. The Customer shall notify the Bank as soon as practicable if he becomes aware of such use.
  • The Customer acknowledges that there may be a time lag in transmission of instructions, information or communication via the internet and accepts responsibility and consequences thereof.
    
    
• 4. Username, Password and Security Code
  • The Customer shall follow the guidance provided by the Bank in designating the Username for identifying the Customer for the purposes of the Online Payment service.
  • The Bank may, require a Customer to use a Security Code generated by a Secure Key, to access the Services.
  • If not already a user of the Mobile/Internet Payment Gateway App, the Customer must first be registered for the Online Payment service to be able to download the Mobile/Internet Payment Gateway App and activate the Digital Secure Key. Once the Digital Secure Key is activated on the Mobile/Internet Payment Gateway App, the Online Payment service can only be accessed with the use of the Digital Secure Key.
  • The Customer shall act in good faith and exercise reasonable care and diligence in keeping the Username, the Password of the Secure Key and/ or the Security Code secret. At no time and under no circumstances shall the Customer disclose the Username, the Password, PIN, and/ or the Security Code to any other person or permit the Secure Key to come into the possession or control of any other person (including persons known to the Customer or who have access to the Customer’s home or place of work).
  • To the fullest extent permitted by law or regulations, the Customer shall be fully responsible for any accidental or unauthorized disclosure of the Username, the Password and/or the Security Code to any other person and shall bear the risks of the Username, the Password, the Secure Key or the Security Code being used by unauthorized persons or for unauthorized purposes.
  • Upon notice or suspicion of: (i) the Username, the Password, PIN and/or the Security Code being compromised, changed and/or disclosed to; and/or (ii) the Physical Secure Key or the device on which the Mobile/Internet Payment Gateway App is installed together with the Digital Secure Key being lost or otherwise coming into the possession or control of any unauthorized person; and/or (iii) any unauthorized use of the Online Payment service being made, the Customer shall notify the Bank immediately in person or by telephone at such telephone number(s) as they may from time to time prescribe (and the Bank may ask the Customer to confirm in writing any details given). To the fullest extent permitted by law or regulations, and until we receive actual receipt of such notification, the Customer shall remain responsible for any and all use of the Services by unauthorized persons or for unauthorized purposes. The Customer is also responsible to keep confidential and secure any other personal information or documentation which when used with any Username, Password or Security Code would give access to the Services, execute Instructions or conclude transactions.
    
    
• 5. Customer’s Instructions
  • The Customer is required to quote any one or more of the Username, the Password, the Security Code and any other identifiers as shall be prescribed by the Bank from time to time in order to log-on to the Online Payment service and give Instructions to the Bank online. Instructions in connection with the Services shall not be considered to be received by the Bank unless they are given in such manner as the Bank may prescribe from time to time and until the Bank has actually received them.
  • Any instruction given in connection with the Services by quoting the Username, the Password, the Security Code and such other identifiers of the Customer as prescribed by the Bank, once given, may not be rescinded or withdrawn without our consent or as stated in the General Terms and Conditions. All such instructions given, including the set-up of pre-designated or non-designated third-party payment limits through an online request, as understood and acted on by the Bank or the relevant member of the SUNCROPS Group in good faith, shall be binding on the Customer whether given by the Customer or by any other person purporting to be the Customer and, unless otherwise stated in the General Terms and Conditions, cannot be revoked. The Bank and the relevant member of the SUNCROPS Group shall be under no duty to verify the identity or authority of the person giving any such instruction or the authenticity of such instruction apart from verifying the Username, the Password, the Security Code and such other identifiers (if any) of the Customer.
  • To the fullest extent permitted by applicable law or regulations, we will act on an Instruction in so far as it is in our opinion practicable and reasonable to do so and in accordance with our regular business practices and procedures.
  • Advice or confirmation that an Instruction has been received and/or a transaction has been affected through the Online Payment service will be provided by the Bank online or where applicable by post. Such advice or confirmation shall be deemed to have been received by the Customer after transmission and it is the duty of the Customer to check such advice or confirmation. It is also the duty of the Customer to enquire with the Bank if the Customer does not receive an advice or confirmation within the time usually required for a similar advice or confirmation to be received.
  • Information relating to any account or transaction made available on the Online Payment service are for reference only. Our records of such account and transaction shall be conclusive unless and until the contrary is established. The Customer authorizes us to debit the Customer’s accounts, wherever they are situated and whenever they are opened, with any amounts that we have been paid
  • or incurred in accordance with an Instruction given in connection with the Services.
    
    
• 6. Customer’s Undertakings and Responsibilities
  • The Customer shall provide such information as we may from time to time reasonably request for the purposes of providing the Services. The Customer shall also ensure that all information provided to us is at all times accurate, complete and up-to-date including, without limitation, the Customer’s address and other contact details.
  • The Customer shall not, and shall not attempt to, decompile, reverse-engineer, translate, convert, adapt, alter, modify, enhance, add to, delete or in any way tamper with, or gain access to, any part of the Services or any internet site (including the Site) or any software comprised in them.
  • The Customer acknowledges that it is the responsibility of the Customer to ensure that the use of the Services is in accordance with prevailing laws, rules and regulations (whether pertaining to Bangladesh or any other country) as applicable to the Customer.
    
    
• 7. Information and Information Providers
  • The Customer acknowledges and agrees that the Information, the Reports and their form, format, mode or method of compilation, selection, configuration, presentation and expression (collectively ‘Confidential Information’) are trade secrets and confidential and proprietary property of the Bank and the respective Information Providers.
  • The restrictions on disclosure shall not apply to any Confidential Information:
    • Where its disclosure is compelled by law but only to the extent required by law and only after written notice of the requirement to disclose has been given by the Customer to the Bank; or
    • where the Bank has expressly agreed in writing to its disclosure.
  • The Customer agrees that all right, title and interest in and relating to the Site, the Services and the Confidential Information and any and all related copyright, patent, trademark, service mark, proprietary property, trade secrets and exclusive works are and shall remain the exclusive property of the Bank and the respective Information Provider. No right, title or interest other than the right to access the Information and the Reports subject to these Online Payment Terms and Conditions is conveyed or transferred to the Customer. The Customer shall not make any representation or do any act which may be taken to indicate that the Customer has any such right, title or interest.
  • SUNCROPS may impose from time to time terms and conditions in relation to the availability of any Information supplied by it. Access to such Information by the Customer on or after the effective date, subject to prior notification, of such terms and conditions shall constitute the Customer’s acceptance thereof.
  • Neither the Bank nor SUNCROPS represents or guarantees the sequence, accuracy, truth, reliability, adequacy, timeliness or completeness of any of the Information or the Reports or whether it is fit for any purpose. Nor does either of them assume any liability (whether in tort or contract or otherwise) for any reliance on the Information or the Reports by the Customer or any other person.
  • No warranty, representation or guarantee of any kind relating to the Information and/or the Reports is given or may be implied and no employee or agent of the Bank or Information Provider is authorized to give any such warranty, representation or guarantee.
    
    
• 8. Liabilities of SUNCROPS
  • SUNCROPS will take reasonably practicable steps to ensure that its systems in connection with the Services are installed with adequate security designs and to control and manage the risks in operating the systems, taking into account any law, rules, regulations, guidelines, circulars, codes of conduct and prevailing market practices which may be applicable to the Bank from time to time.
  • None of the Bank, any member of the SUNCROPS Group warrants or represents that the Services, the Information and the Reports are free from virus or other destructive features which may adversely affect the Customer’s hardware, software or equipment.
  • SUNCROPS may suspend any Service provided to the Customer without notice where SUNCROPS considers it necessary or advisable to do so, for example to protect the Customer when there is a suspected breach of security or we need to suspend the Services for maintenance or other reasons. Due to the nature of the Services, the SUNCROPS does not warrant that access to the Services shall be uninterrupted, timely, or error free.
  • SUNCROPS will make all reasonable efforts to ensure that the Secure Key provided to the Customer will perform as necessary to permit access to the Services as and when required. The Customer must notify the SUNCROPS immediately if the Secure Key fails to function correctly. Furthermore, SUNCROPS must be satisfied that there is no default or negligence on the part of the Customer which results in or contributes to the Secure Key failure to function correctly. SUNCROPS shall have no liability in relation to the Secure Key including, without limitation, liability for breach of any implied term as to satisfactory quality, merchantability or fitness for purpose of any Secure Key. In addition, to the fullest extent permitted by law or regulations, the SUNCROPS shall not be held liable for any loss or damages incurred or suffered by the Customer arising from the Customer’s failure to safe-keep and/or use the Secure Key or the device on which the Mobile/Internet Payment Gateway App and/or the Digital Secure Key is installed, in accordance with the Bank’s instructions and recommendations.
  • Unless due to the gross negligence or willful default of the Bank, any member of the SUNCROPS Group or their respective officers or employees, and only to the extent of direct and reasonably foreseeable loss and damage (if any) arising directly and solely therefrom or the amount of the relevant transaction (whichever is less), neither the Bank nor any member of the SUNCROPS Group assumes any liability or responsibility to the Customer or any other person for the consequences arising from or in connection with:
    • use of the Services (including, without limitation, the use of the Secure Key) and/or access to any information as a result of such use by the Customer or any other person whether or not authorized.
    • banking providers power failure, malfunction, breakdown, or inadequacy of equipment, installation or facilities, or any law, rules, regulations, codes, directions, regulatory guidelines or government order (whether or not having the force of law); and
    • transmission and/or storage of any information and/or data relating to the Customer, the Services and/or transactions or dealings conducted by the Customer pursuant to the Services through or in any system, equipment or instrument of any communication network provider.
  • In no event shall the Bank, any member of the SUNCROPS Group be liable to the Customer or any other person for any incidental, indirect, special, consequential or exemplary damages including, without limitation, any loss of savings.
  • While we make reasonable efforts to provide Mobile/Internet Payment Gateway App services, we will not be liable for any failure to provide those services, in part or in full, due to abnormal and unforeseen circumstances beyond our control, the consequences of which would have been unavoidable despite all efforts to the contrary. This includes any internet network failures or, in the case of mobile networks, where you are not in an area of mobile/internet coverage.
    
    
• 9. Liabilities of the Customer
  • Customer shall be fully liable and responsible for all consequences arising from or in connection with the use of the Services (including, without limitation, the use of the Secure Key) and/ or access to any Information or Report or any other information as a result of such use by the Customer or any other person authorized.
  • If, in the reasonable opinion of the Bank, there is no negligence, fraud or fault on the part of the Customer, the Customer shall not be liable for loss or misplacement of funds caused by unauthorized transactions conducted through the use of the Services as a result of:
    • a computer crime which should have been prevented by the Bank’s risk control and management measures had the Bank adopted such measures or
    • a human or system error of the Bank.
  • The Customer shall indemnify the Bank, any member of the SUNCROPS Group, any Information Provider and their respective officers and employees against all liabilities, claims, demand, losses, damages, costs, charges and expenses of any kind (including, without limitation, legal fees on a full indemnity basis) which may be incurred by any of them and all actions or proceedings which may be brought by or against any of them in connection with the provision of the Services, the Information and/ or the Reports or the exercise or preservation of the Bank’s powers and rights under these Online Payment Terms and Conditions, unless due to the gross negligence or willful default of the Bank or any member of the SUNCROPS Group.
    
    
• 10. Termination of Services
  • Without prejudice the SUNCROPS may, at any time, without giving reason, suspend or terminate all or any of the Services or their use by the Customer by giving at least two months’ written notice. The SUNCROPS may also, at any time, suspend or terminate all or any of the Services or their use by the Customer immediately in any and/or all of the circumstances calling for immediate termination as mentioned in the General Terms and Conditions.
  • All provisions of these Online Payment Terms and Conditions which in order to give effect to their meaning need to survive the suspension or termination of the Services and/or the use of the Services by the Customer shall remain in full force and effect after suspension or termination including, without limitation. Notwithstanding such suspension or termination, the Customer shall continue to be bound by these Online Payment Terms and Conditions to the extent that they relate to any obligations or liabilities of the Customer which remain to be performed or discharged.
    
    
• 11. Amendments

  SUNCROPS reserves the right to lay down further conditions or to amend these Online Payment Terms and Conditions for security, legal, regulatory or market reasons or changes in internationally accepted Payment Gateway practices or to take into consideration any increase in costs or decrease in the return or pursuant to the introduction of new products or technology. We may also change the Online Payment Terms and Conditions for any other valid reason. SUNCROPS will give reasonable notice to the Customer of any material additions or changes to these Online Payment Terms and Conditions and/or to changes in fees or charges. Where the changes are for your benefit and/or are not material, we will notify you of these as soon as reasonably practicable. We will personally inform you about any material changes or any new or increased charges by electronic means.

• 12. Encryption and viruses
  • You should be aware that we use a high level of encryption. The use of such levels of encryption may be illegal in jurisdictions outside Bangladesh. It is your responsibility to ensure that, if outside Bangladesh, your ability to use the Online Payment service is permitted by local law and we shall not be liable for any loss or damage suffered by you as a result of not being able to use the Online Payment service in these jurisdictions.
  • The Online Payment service is accessed through the internet, which is a public system over which we have no control. It is therefore your duty to make sure that any computer or other device which you use to access the Online Payment service is free from and adequately protected against acquiring computer viruses and other destructive or disruptive components.
  • Due to the nature of the Online and Mobile Payment Gateway services, we will not be responsible for any loss of or damage to your data, software, computer, computer networks, mobile devices, telecommunications or other equipment caused by you using the Online Payment service unless such loss or damage is directly and solely caused by our negligence or deliberate default.
  • You will not be able to use the Online Payment service unless the software you are using has a minimum level of encryption.
  • You agree to be bound by the terms of the license or similar agreement governing the use of any software used to enable you to use the Online Payment service. If you do not agree to such terms or agreement you should not use the Online Payment service.
    
    
• 13. Miscellaneous

  The Services or any marketing/promotional messages displayed as part of the Services should not be regarded as an offer or solicitation to buy or make deposits or solicitation to subscribe to any other product or service, to any person or entity residing/domiciled in a jurisdiction outside Bangladesh, where it is unlawful to make such an invitation or solicitation. The provision of the Services in certain countries or territories may be subject to special supplementary terms. Where applicable, you confirm that you have received and read these terms and agree to be bound by them.

• 14. Language

  These Online Payment Terms and Conditions are in English and Bangla, and all communications we send you will be either in English or in Bangla.

• 15. Cookie Policy and the Use of Cookies

  We use cookies to give you the best possible experience on our Online Banking. Cookies allow you to do many things such as log on to Online Banking, have us ‘remember’ your log-in preferences, apply for products and services online and use financial tools like calculators.

• 16. How to complain
  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. We have compliant handling procedures, where it requires you to send mail at the following address clearly describing your complaint or advice in message box, describe your core ideas shortly in subject line:
  Mail to: brexplorer@suncrops.com