Web Site Terms & Conditions
These terms and conditions do not affect any of your statutory rights. However, it is important that you should understand that by taking any service from the Site you agree to be bound by these terms and conditions.
Information About Us
Bdsmartpay is a simple and secured online recharge portal. We provide online mobile recharge service of Telco operators in Bangladesh. WiMAX subscribers of Bangladesh can recharge Postpaid & prepaid account at Bdsmartpay.
Access to the Site
By taking a service through this Site you warrant that:
- you are legally capable of entering into binding contracts; and
How the contact is formed between Us
A legally binding contract will be formed between us when you have confirmed to us that you wish to proceed with the services of this site. We have confirmed to you that we will provide the service to you and we have received payment of the price. We may decline to provide any service to you for any reason. We are not obliged to tell you the reason for our decision.
We will not ask you for any payment until we have made sure that the request for the service(s) you wish to take can be processed. Please note that if the security department suspects fraud, we have the right to cancel the transaction for security reasons or you may request to send us your card photo to verify the transaction. Please avoid virtual card for payment. In most cases, you will be notified of authorization or fraud issues, if they occur, before you complete the checkout process. Services of this site may be paid using credit card, debit card and online Banking.
Applicable laws require that some of the information or communications We send to you should be in writing. When you visit this Site or send emails to us you are communicating with us electronically. We may communicate with you by email or by posting notices on the website. For contractual purposes, you agree to this means of electronic communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
We warrant to you that any service taken from us through the Site is of satisfactory quality. We accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence) breach of contract or otherwise, even if foreseeable.
All notices given by you to us must be given to us in writing by email or at the address detailed in clause 4 above. We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on the Site, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
Transfer of Rights & Obligations
The contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of a contract, or any of your rights or obligations arising under it, without our prior written consent.
If any of these terms and conditions or any provisions of a contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
We each acknowledge that, in entering into a contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such contract except as expressly stated in these terms and conditions.
Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.
All reasonable measures are taken by us to ensure that this Website is operational every day. However, occasionally technical issues may result in some downtime and accordingly we will not be liable if this website is unavailable at any time.
Our Right To Vary These Terms And Conditions
We have the right to revise and amend these terms and conditions from time to time.You will be subject to the policies and terms and conditions in force at the time that you take services from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if We notify you of the change to those policies or these terms and conditions before We send you the Order Confirmation.
Law and Jurisdiction
This terms & conditions shall be governed by, and construed in accordance with, the laws of Bangladesh and shall be subject to the exclusive jurisdiction of the Courts of Bangladesh.
In the event of a dispute, will be settle in an amicable manner, failing which, all disputes arising out of or in connection with the execution or termination of this Agreement shall be finally settled in accordance with the Arbitration Act, 2001 of Bangladesh (“the Act”) by three arbitrators, two of them to be appointed by each party and the third to be appointed by the arbitrators. Arbitration shall be held in Dhaka, Bangladesh and shall be conducted in the English language.
You can contact us if you have any query or face any difficulties to take any services available in this site please email us to firstname.lastname@example.org