Terms and Conditions for Merchant Register
Use of the Services by User
Notwithstanding anything else contained in any other agreement involving you and shurjoPay and/ or any other third party, in order to ensure that we are not violating any right that you might have in your Registration Data, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights (but no other rights) that you have in the Registration Data, in any media now or in future known, with respect to your Registration Data solely to enable us to use such Registration Data that you have supplied to us.
Any amendment or rectification of your Registration Data in the User account can be carried out by accessing the "User account" section on the Website. You may choose to delete any or all of your User content/ information or even the User account at any time. Processing such deletion may take some time, but the same shall be done by shurjoPay. We may maintain backup of all User content for such time as may be required under applicable laws and for operational purposes of shurjoPay. You are solely responsible for maintaining the confidentiality of your account and password and for any activity that occurs in or through your account. We will not be liable to any person for any loss or damage which may arise as a result of any failure on your part to protect your login ID or password or any other credential pertaining to your account. You should take all necessary steps to ensure that the password is kept confidential and secure. In case you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner, you should inform us immediately at firstname.lastname@example.org. In the event of any dispute between two or more parties as to ownership of any particular account with shurjoPay, you agree that shurjoPay shall be the sole arbitrator for such dispute and that shurjoPay's decision in this regard will be final and binding on you.
You understand and undertake that you shall be solely responsible for your Registration Data and User content and undertake to, neither by yourself nor by permitting any third party to host, display, upload, modify, publish, transmit, update or share any information that:
- * Belongs to another person and to which you do not have any right to;
- * Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, seditious, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
- * Harms minors in any way;
- * Infringes any patent, trademark, copyright or other proprietary rights of any person or entity anywhere in the world;
- * Violates any law for the time being in force;
- * Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- * Impersonates another person;
- * Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- * Threatens the unity, integrity, defense, security or sovereignty of Bangladesh, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to any other nation; or
- * Is illegal in any other way.
You agree and understand that shurjoPay reserves the right to remove and/or edit such detail/ information. If you come across any information as mentioned above on the Website, you are requested to immediately contact our Grievance officer.
You agree to use the data owned by shurjoPay (as available on the Website or through any other means like API(s) etc.) only for personal purposes and not for any commercial use unless agreed to by shurjoPay in writing.
You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by shurjoPay, unless you have been specifically allowed to do so in a separate agreement with shurjoPay.
You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services) on this Website.
Unless you have been specifically permitted to do so in a separate agreement with shurjoPay, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
shurjoPay may share any Content (defined hereinafter) generated by the User or their Registration Data with governmental and regulatory agencies who are lawfully authorised for investigative, protective and cyber security activities. Such information may be transferred for the purposes of verification of identity, or for prevention, detection, investigation, prosecution pertaining to cyber security incidents and punishment of offences under any law for the time being in force.
If you have opted for use of shurjoPay's 'subscriptions' product by virtue of which your customers have set up a standing instruction ("RECURRING PAYMENT INSTRUCTION") to charge his/ her chosen payment method (such as credit card, debit card or bank account) as per the billing cycle communicated by you to shurjoPay, then you consent that the relevant amount will be charged to such payment method as per the billing cycle communicated to shurjoPay. You agree that shurjoPay shall continue to charge the relevant amount to the relevant customer's chosen payment method as per such billing cycle until you or the customer terminates the Recurring Payment Instruction.
Content in the Services
You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to shurjoPay (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by shurjoPay or by the owners of that Content, in writing and in a separate agreement.
shurjoPay reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service.
shurjoPay reserves the right to moderate, publish, re-publish, and use all User generated contributions and comments (including but not limited to reviews, profile pictures, comments, likes, favorites, votes) posted on the Website as it deems appropriate (whether in whole or in part) for its product(s), whether owned or affiliated. shurjoPay is not liable to pay royalty to any User for re-publishing any content across any of its platforms.
If you submit any material on the Website, you agree thereby to grant shurjoPay the right to use, moderate, publish any such work worldwide for any of its product(s), whether owned or affiliated.
You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, your use of the Services will be at your own risk.
You agree that you are solely responsible for (and that shurjoPay has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which shurjoPay may suffer) by doing so.
You acknowledge and agree that shurjoPay (or shurjoPay's licensors) owns all legal and proprietary right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by shurjoPay and that you shall not disclose such information without shurjoPay's prior written consent.
Unless you have been expressly authorized to do so in writing by shurjoPay, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized User of such marks, names or logos.
AML & CFT Compliance
The Merchant shall comply with all AML & CFT regulations and guidelines of Bangladesh Bank while operating business under this agreement.
In the event of any dispute involving a Transaction or shurjoMukhi Limited suspects that fraud is involved, the Merchant authorizes shurjoMukhi Limited, or its agent, to enter the Merchant's Premises during the Merchant's normal business hours to examine and take copies of the Merchant's books of account and records. If any wrong or invalid Transaction or any Transaction in violation of the Agreement is detected or proved, the Merchant shall be liable to bear all costs and expenses incurred by shurjoMukhi Limited in relation to carrying out such Audit and all incidental costs related thereto in addition to any other liability of the Merchant incurred for such invalid or fraudulent transactions.
Limitations Of Liability
The Parties will not be liable to each other, any representative, or any third party for any lost revenue, lost proﬁts, replacement goods, loss of technology, rights or services, incidental, punitive, indirect or consequential damages, loss of data, or interruption or loss of use of service or of any equipment or materials, even if advised of the possibility of such damages, whether under theory of contract, tort (including negligence), strict liability or otherwise.
Notwithstanding anything to the contrary in this agreement, shurjoMukhi Limited 's maximum aggregate liability to Merchant related to or in connection with this Agreement will be limited to the total Fees paid by Merchant to shurjoMukhi Limited hereunder for the prior three months’ period.
The Merchant acknowledges that shurjoMukhi Limited has set its prices and entered into this Agreement in reliance upon the limitations of liability and the disclaimers of warranties and damages set forth herein, and that the same form an essential basis of the bargain between the Parties. The Parties agree that the limitations and exclusions of liability speciﬁed in this Agreement will survive and apply even if found to have failed their essential purpose.
Neither party shall be liable for any delay in or failure to perform its obligations if that delay or failure is caused by circumstances beyond its reasonable control, including without limitation ﬁre, strikes, insurrection, riots, embargos, inability to obtain supplies, refusal or revocation of license, or regulations of any civil or military authority, ﬁre, act of God, ﬂood or any network breach, breakdown in any Third Party equipment including Third Party computer hardware or Third Party software. If any such circumstances continue for a period of three months either Party may by notice to the other Party terminate this Agreement whereupon the Merchant shall forthwith cease to use the services.
Each party agrees to indemnify, defend, and hold the other party harmless and keep it indemniﬁed from and against all losses, damages, penalties, costs, claims, litigations, law suits, demands, expenses and charges imposed on the other party as a result of any action by a third party arising out of any act(s), omission(s), or non-compliance by the defaulting party, its oﬃcers or employees of directives, rules, regulations, instructions, or orders of any statutory, regulatory or municipal authority or any other applicable laws or third-party agreements in the running, operation, maintenance, and conduct of activities pursuant of this Agreement.
"Website requirements" are the minimum content requirements that the Merchant shall be required to adopt in its website for accepting payments online. Website contents are very important to ensure a satisfactory shopping experience for consumers and to minimize customer complaints, disputes and chargeback. Fulﬁlment of these requirements will promote beneﬁts for both the customers and merchants alike. The website must:
Have an easy to remember domain which can be communicating with customers.
- * Must host the website in a secure and reputed hosting provider to ensure proper security, specially ensure usage of latest SSL /TLS versions like TLS 1.2 or higher. Major browsers no longer support any version lower than TLS 1.2.
- * Must include a customer registration page so that customers can register their personal information (such as, name, email address, mobile number, shipping address, etc.) so these can be traced and shown to customers during submission of orders.
- * Must send an order conﬁrmation email including an electronic invoice to customers after their orders are successfully submitted.
- * Must include clearly deﬁned data privacy and return policies in the website so that customers can check and be aware of these policies.
- * Must include SSL certiﬁcate (https) in the hosting to take care of security aspects. This also helps in better page ranking in search engines.
- * Have a responsive design so the website is visible in both Personal Computers and Mobile phones.
- * Simple and user-friendly journey so it’s easier for customers to navigate.
- * Use of compressed images will ensure that the website is loading faster.
- * Integrating a shopping cart which will allow user to add multiple items while checking out.
- * Include a section for Frequently Asked Questions so customers can know about ordering and refund processes.
- * Website should have social media integration so that customers can like and share merchants’ social media pages.
The Merchant must not engage with following service/business:
- * Adult goods and services which includes pornography and other sexually suggestive materials (including literature, imagery and other media); escort or prostitution services; Website access and/or website memberships of pornography or illegal sites.
- * Alcohol which includes Alcohol or alcoholic beverages such as beer, liquor, wine, or champagne.
- * Body parts which include organs or other body parts.
- * Child pornography which includes pornographic materials involving minors.
- * Copyright media which includes unauthorized copies of books, music, movies, and other licensed or protected materials.
- * Copyrighted software which includes unauthorized copies of software, video games and other licensed or protected materials, including OEM or bundled software.
- * Gaming/gambling which includes lottery tickets, sports bets, memberships/ enrollment in online gambling sites, and related content.
- * Hacking and cracking materials which includes manuals, how-to guides, information, or equipment enabling illegal access to software, servers, websites, or other protected property.
- * Illegal goods which include materials, products, or information promoting illegal goods or enabling illegal acts.
- * Oﬀensive goods which includes literature, products or other materials that:
- (i) Defame or slander any person or groups of people based on race, ethnicity, national origin, religion, sex, or other factors
- (ii) Encourage or incite violent acts
- (iii) Promote intolerance or hatred.
- (iv) Crime scene photos or items, such as personal belongings, associated with criminals
- * Prescription drugs or herbal drugs or any kind of online pharmacies which includes drugs or other products requiring a prescription by a licensed medical practitioner.
- * Weapons which include ﬁrearms, ammunition, knives, brass knuckles, gun parts, and other armaments.
- * Live animals or hides/skins/teeth, nails and other parts etc. of animals.
- * Digital diamond/gold/silver/coin and other similar items.
- * Any product or service which is not in compliance with all applicable laws and regulations whether federal, state, local or international includes the laws of Bangladesh.
The terms "WE", "OUR" and "US" refer to shurjoPay and the terms "YOU", "YOUR" and "USER" refer to you, as a user of shurjoPay. The term "PERSONAL INFORMATION" means information that you provide to us which personally identifies you to be contacted or identified, such as your name, phone number, email address, and any other data that is tied to such information. Our practices and procedures in relation to the collection and use of Personal Information have been set-out below in order to ensure safe usage of the Website for you.
Information we collect and how we use it
We use commercially reasonable efforts to ensure that the collection of Personal Information is limited to that which is necessary to fulfill the purposes identified below. If we use or plan to use your information in a manner different than the purpose for which it is collected, then we will ask you for your consent prior to such use.
The Personal Information collected will be used only for the purpose of enabling you to use the services provided by us, to help promote a safe service, calibrate consumer interest in our products and services, inform you about online offers and updates, troubleshoot problems, customize User experience, detect and protect us against error, fraud and other criminal activity, collect money, enforce our terms and conditions, and as otherwise described to you at the time of collection of such information.
Account information of Merchants
If you create an account to take advantage of the full range of services offered on shurjoPay, we ask for and record Personal Information such as your name, email address and mobile number. We may collect and store your Sensitive Personal Data or Information (such as any financial information including inter alia credit card, debit card details, bank account and know your customer ("KYC") documents as per Bangladesh Bank regulations and any other information as may be applicable) that the User may opt to save in the User account created with shurjoPay]. We use your email address to send you updates, news, and newsletters (if you willingly subscribe to the newsletter during signup, or anytime after signup) and contact you on behalf of other Users (such other Users who send you friend requests, personal messages, or other social collaboration based events). [If you do not want to receive communications from us that are not relevant to you or your use of our services, please click on the unsubscribe link provided at the bottom of such e-mails sent to you by us. The User shall have an option to erase any information provided by the User including Personal Information. If a User opts for the said option of erasure, shurjoPay shall delete all stored information of the User from its servers.
We also store customer information of customers such as address, mobile number, and email address making payments through shurjoPay checkouts. However, only when customer chooses to share the information on the businesses powered with shurjoPay applications we share the information to respective businesses. However, shurjoPay is not liable in any way for any misuse of this information by the business or people related to the businesses to whom the information is shared by the customer.
We record information relating to your use of shurjoPay, such as the searches you undertake, the pages you view, your browser type, IP address, location, requested URL, referring URL, and timestamp information. We use this type of information to administer shurjoPay and provide the highest possible level of security and service to you. We also use this information in the aggregate to perform statistical analyses of User behavior and characteristics in order to measure interest in and use of the various areas of shurjoPay. However, you cannot be identified from this aggregate information.
We own all the intellectual property rights associated with the Website and its contents. No right, title or interest in any downloaded material is transferred to you as a result of any such downloading or copying. The Website is protected by copyright as a collective work and/ or compilation (meaning the collection, arrangement, and assembly) of all the content on this Website, pursuant to applicable law.
Our logos, product and service marks and/ or names, trademarks, copyrights and other intellectual property, whether registered or not ("OUR IP") are exclusively owned by us. Without our prior written permission, you agree to not display and/ or use Our IP in any manner. Nothing contained in this Website or the content, should be construed as granting, in any way to the User, any license or right or interest whatsoever, in and/ or to Our IP, without our express written permission.
We send cookies to your computer in order to uniquely identify your browser and improve the quality of our service. The term "cookies" refers to small pieces of information that a website sends to your computer's hard drive while you are viewing the site. We may use both session cookies (which expire once you close your browser) and persistent cookies (which stay on your computer until you delete them). Persistent cookies can be removed by following your browser help file directions. If you choose to disable cookies, some areas of shurjoPay may not work properly or at all. shurjoPay uses third party tools, who may collect anonymous information about your visits to shurjoPay using cookies, and interaction with shurjoPay products and services. Such third parties may also use information about your visits to shurjoPay products and services and other web sites to target advertisements for shurjoPay's products and services. No Personal Information is collected or used in this process. These third parties do not know or have access to the name, phone number, address, email address, or any Personal Information about shurjoPay's Users. shurjoPay Users can opt-out of sharing this information with third parties by deactivating cookies, the process of which varies from browser to browser. Please refer to the help file of your browser to understand the process of deactivating cookies on your browser.
Transfer of information
We do not share your Personal Information with any third party apart from financial institutions such as banks, Bangladesh Bank or other regulatory agencies (as may be required) and to provide you with services that we offer through shurjoPay, conduct quality assurance testing, facilitate creation of accounts, provide technical and customer support, or provide specific services, such as synchronization of your contacts with other software applications, in accordance with your instructions. These third parties are required not to use your Personal Information other than to provide the services requested by you.
We may disclose information in the aggregate to third parties relating to User behavior in connection with actual or prospective business relationship with those third parties, such as advertisers and content distributors. For example, we may disclose the number of Users that have been exposed to, or clicked on, advertising banners.
References on this Website to any names, marks, products or services of third parties or hyperlinks to third party websites or information are provided solely for your convenience and do not in any way constitute or imply our endorsement, sponsorship or recommendation of the third party, information, product or service. Except as set forth herein, we do not share your Personal Information with those third parties, and are not responsible for their privacy practices. We suggest you read the privacy policies on all such third party websites.
User access of Personal Information
As a registered shurjoPay User, you can modify some of your Personal Information and your privacy preferences by accessing the "Account" section of this Website.
Your account is password protected. We use industry standard measures to protect the Personal Information that is stored in our database. We follow industry standard best practices on Information Security, as also mentioned in our website. We limit the access to your Personal Information to those employees and contractors who need access to perform their job function, such as our customer service personnel. If you have any questions about the security on shurjoPay, please contact us at email@example.com.
You hereby acknowledge that shurjoPay is not responsible for any intercepted information sent via the internet, and you hereby release us from any and all claims arising out of or related to the use of intercepted information in any unauthorized manner.
Your use of this Website will be governed by and construed in accordance with the laws of Bangladesh. The Users agree that any legal action or proceedings arising out of your use may be brought exclusively in the competent courts/ tribunals having jurisdiction in Bangladesh and irrevocably submit themselves to the jurisdiction of such courts/ tribunals.
Complaints and Grievance Redressal
If you contact us to provide feedback, register a complaint, or ask a question, we will record any Personal Information and other content that you provide in your communication so that we can effectively respond to your communication.
The signup-fee is non-refundable.