This version of the Agreement will be applicable from October 01, 2018.
This Agreement applies to any use of our website, mobile application, electronic communications or services (the “Platform). The Platform may request you to provide information about your personal information in details, including your National ID/ Passport Number/Driving License, Tax Identification Number (TIN), and/or bank account details, as required for operating the Platform and also for reducing the risk of fraudulent activities, money laundering and terrorist financing. We process your information with utmost importance, care and use this information conforming to the terms of this Agreement. The term “information” refers to any confidential and/or individually identifiable information or other information related to any User of the Platform in this Agreement.
1.1 Changes to Terms of Conditions:
Nagad shall routinely update the terms and conditions of this Agreement to improve our practices and to reflect new or different privacy practices. Such update includes, among other things, adding new Services, functionality or features to the Platform, adding certain fees or charges etc. Updated Agreement shall be effective upon our posting of such updated Agreement at our Platform. You shall be solely responsible for regularly reviewing the terms and conditions of the Platform. All future changes to terms and conditions shall be done as per the existing laws of Bangladesh and rules, regulations and guidelines of Bangladesh Post Office and other regulatory authorities and as per business policy of Nagad and shall be posted on the Platform and shall become applicable from the date of posting such changes on the Platform.
Your continued access or use of the Platform after posting the updated terms and conditions of this Agreement constitutes your consent to be bound by this updated terms and conditions of the Agreement. If you do not agree to the terms and conditions, please do not use or access our Platform. Please note that, by use of the Platform, you expressly consent to your use and disclosure of your personal information in accordance with this Agreement.
Your continued use of the Platform denotes that, you understand and agree that we may collect and use your sensitive personal data and information, technical data and related information to meet any of our legal or regulatory compliances as per applicable laws of Bangladesh.
3.1 Basic Information:
In order to sign up for Nagad account or use Nagad Services, you must provide your name, phone number and other contact details, NID/Driving License/Passport/Birth Registration number, as applicable, and other required identification information. We may also request you to provide other verification documents before processing any transaction which is not consistent with your regular transaction or is of a very high amount. You agree to cooperate with Nagad in this process by providing all required information and/or documents.
We collect personal information that you provide to us or over the Platform through correspondence, chats, or any other way, or shared by you from other social websites, services and/or applications; or any additional information (personal or otherwise) that you may be asked to provide as and when necessary.
We collect public information about your business size, customer base and usual transactions that might be collected from social media platform, other Nagad account holders or other sources for accessing goodwill, trustworthiness and solvency to check your account and business.
3.2 Device Identification:
Nagad collects information from your interaction with our Platform, Services, content and advertising, including but not limited to device ID, device type including the hardware model, operating system and version, unique device identifiers and mobile network information, location, geo-location information, computer and connection information, statistics on page views, traffic to and from the sites, ad data, IP address, information collected by cookies and other tracking technologies, standard web log information and other identifying information about the computer or device that you use to access your Nagad account shall be tracked for helping us detect possible instances of unauthorized transactions and shall be used by Nagad to provide smooth experience of Nagad services.
3.3 Transaction Information:
For complying with anti-money laundering and counter terrorism obligations under the applicable Laws including but not limited to the Money Laundering Prevention Act 2012 (Amendment on 2015) and Anti-Terrorism Act 2009 (Amendment on 2013), and any other applicable rules and regulations of the Government of the People’s Republic of Bangladesh, your commercial and/or personal identification information shall be recorded. If you send or receive a high amount through the Nagad Services, or are suspected of being engaged in any suspicious transaction, Nagad in collaboration with Bangladesh Post Office and other relevant authorities of the Government may conduct a background check on your business by gathering information about you and your business, its directors, shareholders, partners, officials and employees, as applicable. Nagad, at its sole discretion, reserves the right to periodically retrieve and review a business and/or consumer information and is authorized to close an account based on information obtained during these background check and reviews.
3.4 Web Catches and Website Traffic:
For ensuring smooth and efficient Nagad Services, your IP address, browser, and time related information for accessing the Platform shall be stored in our server; web address of sites that routed you to or from the Platform may also be received. Session cookies, web cookies, pixel tags, web beacons or other similar technologies shall be used to place small text or image files in your computer/device for facilitating User friendly performance of the Platform.
3.5 Contacting Prospective Users:
When a Nagad User attempts to send Nagad Service request to Users who have not yet signed up in Nagad, Nagad may retain the Service requested and information provided regarding the prospective User for contacting them for marketing purpose. For example, a text message or Interactive Voice Response (“IVR”) may be sent to their number notifying them about the Nagad Service you wanted to share with them.
3.6 Non-Personal Information:
Nagad may collect non-personal information as you use our Platform. When you use our Platform, third-party service providers, e.g. Google Analytics and other partners may also receive and record non-personal information from cookies, server logs, and similar technology from your browser or mobile device, including your IP address. We may combine the collected non-personal information with the personal information. Where we do so, we shall treat the combined information as personal information if the resulting combination may be used to readily identify or locate you in the same manner as personal information alone.
3.7 Aggregate Information:
Nagad collects non-identifying, general, generic and aggregate information to improve the design of the Platform and Services.
3.8 Accessing and Updating Your Information:
You may update your information through your account profile settings. If you believe that personal information we hold about you is incorrect, incomplete or inaccurate, then you may request us to amend it accordingly.
You may request access to any personal information we hold about you at any time by contacting us. Where we hold information that you are entitled to access, we shall try to provide you with the means of accessing it. You may be charged a fee to cover the administrative and other associated costs in providing the information as per the policy of Nagad. Please note that there may be instances where access to the personal information may not be granted, for e.g. we may need to refuse access if it would potentially interfere with the privacy of others or result in a breach of confidentiality.
3.9 Restriction to Transfer
The right to use this Platform is personal to the User and is not transferable to any other person or entity. You shall be responsible for protecting the confidentiality of your password(s), if any. It is agreed by you that, although the internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of Nagad, and Nagad shall not be responsible for any data lost while transmitting information on the internet. Nagad makes no representation that any Services are available or otherwise suitable for use outside Bangladesh. If you choose to access the Platform from locations outside Bangladesh, you do so on your own initiative and are responsible for the consequences thereof.
4.1 Internal Use:
Your information shall be collected, stored and processed in servers located in Bangladesh, which shall be used to provide you with a smooth, safe, efficient and customized experience of the Platform. The provided information shall be used to process your transactions, troubleshoot problems, resolve disputes, provide customer support service, customize your Platform experience and any other issues.
4.2 Communicating with You:
We shall also communicate with you by using the information that you provided to complete processing of Nagad Services or verify any important information or actions like investigating suspicious or illegal transaction, responding to customer service requests, complaints or claims.
4.3 Information Shared with Other Nagad Users
Your basic information like name, phone number, email address, transaction amount and transaction time, etc. may be shared with other Nagad Users or prospective User to whom you send Nagad service request. The information that shall be shared may vary with the service you request and the type of Nagad account you maintain; additional information about your business may be revealed if you are making transactions through a business account. When payments for goods or purchases are made through Nagad, buyer’s and seller’s address and payment details may be revealed for aiding in delivery and dispute resolution.
4.4 Information Shared with Other Third Parties:
Several third parties like the regulatory authority, mobile operator and other service providers may need access to specific information for completion of your requested Nagad Services. We shall only disclose the required information to third parties if we are under a duty to comply with legal requirements, enforce our policies, and respond to claims that a listing or other content violates the rights of Nagad or others, or protect anyone’s rights, property, or safety. Such information shall be disclosed in accordance with applicable laws and regulations of the country. As stated above, we do not disclose your personal information to third parties for their marketing purposes without your explicit consent.
4.5 Your Use of Nagad Information:
You shall receive information of other Nagad Users when carrying out any transaction with them. You may only use this information for facilitating Nagad Service related communication, action or transaction; this information shall not be used for any other purpose without taking explicit consent of the Nagad User by disclosing the purpose adequately.
We may send you email/SMS to verify your account and other transactional emails for operational purposes, such as billing, account management, or system maintenance. You may only stop receiving those emails/SMSs by terminating your account. We may also send you promotions, announcements, surveys, newsletters, developer updates, evaluations, and event information or other marketing or commercial e-mails/SMS. You may opt out of receiving these email/SMS communications from us at any time by unsubscribing, using the unsubscribe button within each email to have your contact information removed from our email list. Notwithstanding anything contained anywhere in this Agreement or the Terms & Condition, Nagad shall not be responsible for any breach of privacy due to correspondence going to an incorrect address or phone number.
You agree that we may use your personal information to inform you about our Services and tools, deliver targeted marketing and promotional offers based on your communication preferences, and customize measure and improve our advertising.
We may also use and share non-personally identifiable information for our marketing purposes, including, without limitation to marketing on other websites, for e.g. use the information to control the number of times you have seen an ad, deliver ads tailored to your interests, and measure the effectiveness of ad campaigns.
4.6 Surveys and Questionnaires:
When you answer the optional questionnaire or survey, information provided in them may be used for improving Nagad Services, marketing and/or advertising purpose as described in the survey.
4.7 Audit and Legal Compliance:
Your information and transaction history may be viewed by the auditors for confirming the accuracy of our record. However, auditors shall not have the right of using your personally identifiable information for any other purpose. Information related to illegal or suspicious activity carried out from your account shall be made available to law enforcing body, Bangladesh Post Office, Bangladesh Bank, competent courts of law or any other law enforcing agencies with applicable jurisdiction when requested.
4.8 Mergers or Acquisition:
If Nagad merges with other company or is acquired by another company, the successor company will have access to your information maintained by Nagad.
4.9 Public Information:
Any reviews, personal information or comments that you voluntarily post or disclose on public pages (for instance, the questions and answers page, Facebook page etc.) of Nagad will be viewable by the general public. Any comment or other content you post or disclose on such public pages becomes published content including your account and User name and shall not be subjected to the terms and conditions of this Agreement. You shall be deemed to have waived the right to privacy and confidentiality over such information by posting or making such disclosure. Nagad does not have Non-Disclosure and Confidentiality Agreements with these parties who may be able to access such information.
Cookies are unique identifiers, usually made up of small bits of text or code. Cookies are usually stored on your device or in your web browser and they send certain information back to the party who served the cookie. When we refer to cookies, we are actually referring to a broader range of technologies than just cookies, including web beacons, clear gifs, pixels and other similar technologies. When we refer to first-party cookies, we mean cookies that are served by Nagad. When we refer to third party cookies we mean cookies that are served by non-Nagad parties.
Cookies may be used in order to better understand how Platform work and to optimize online and mobile experiences. Cookies do this by allowing the party serving the cookie to analyze a Platform’s performance, to identify certain Users anonymously and remember their preferences, to better understand whether a computer or device (and probably its User) has visited a website previously and to serve personalized advertisements.
5.5 Types of Cookies:
Our Platform primarily uses the following four types of cookies:
5.5.1 Operations based Cookies:
These cookies are essential for the operation of our Platform. They make it possible for you to browse and use our Platform. If you disable these cookies, the Platform will not function correctly.
5.5.2 Performance based Cookies:
These cookies gather information about how visitors use the Platform and monitor Platform performance. For example, performance cookies tell us which pages are popular, monitor traffic to our Platform and compile anonymous analytic information. Performance cookies can also be used to identify and remedy operational problems with the Platform.
5.5.3 Functionality based Cookies:
These cookies are used to recognize and remember your preferences. For example, functionality cookies may use information, such as your location, to make sure that you arrive at a version of our Platform that is specific to your city or region.
5.6 Control over Third Party Cookies:
We do not have control over, or access to, third-party advertising cookies or the information they contain. Third parties manage any information that they collect via cookies they place in accordance with their privacy policies. You can opt-out of third-party personalized advertising cookies. You will still see ads but they will not be personalized.
5.7 Cookies and Browser settings:
You may be able to avoid certain cookies by configuring your browser settings or opting-out directly with the party that operates and controls the cookie. Please check your browser settings for more information.
5.8 Cookies in E-mails:
Our emails contain cookies that track whether you open our emails and whether you click any links within them. The cookies used in our emails to monitor these behaviors are unique to each email and are not stored on your computer or mobile device.
The Services and use of the Platform do not include the provision of necessary equipment to access the Platform. To use the Platform, you will require internet connectivity and appropriate telecommunication links. The User shall be responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use the Platform and all charges related thereto. Nagad shall not be liable for any damages to the User’s equipment resulting from the use of this Platform.
Nagad maintains your information with the highest level of integrity. Our firewalls, data encryption and computer and network safeguard your information around the clock. Only authorized employees may access our office, network and files for completing the actions needed for smooth functioning of the system. We shall, however, not be responsible for any breach of security or for any actions of any third parties that receive your personal information.
You may always review and change your personal information from the account setting page of your Nagad account. You may also close your account at any time if there is no investigation being conducted against it. After you close your account, we shall mark your account status as ‘Closed’ and keep your information in our database for future reference.
The User agrees to defend, indemnify and hold harmless Nagad, its parent, subsidiaries, affiliates, third-parties and their respective officers, directors, agents, and employees from and against all claims and expenses, including attorneys’ fees, arising out of claims based upon the use of User’s actions or inactions, including but not limited to any warranties, representations or undertakings or in relation to the non-fulfillment of any of its obligations under this Agreement or arising out of the User’s infringement of any applicable laws, regulations including but not limited to Intellectual Property Rights, confidentiality obligations, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other users and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this Agreement.
Without prejudice to any other provision herein, Nagad shall not be liable for any loss, damage or penalty as a result of any loss of information due to any cause beyond Nagad’s control, including, without limitation, acts of the User, governmental act, any unlawful access to Nagad’s information i.e. hacking or acts of God.
If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights.
This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof. No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in negotiations between the parties prior to this Agreement except as expressly stated in this Agreement. Neither party shall have any remedy in respect of any untrue statement made by the other upon which that party relied on when entering into this Agreement (unless such untrue statement was made fraudulently or was as to a matter fundamental to a party’s ability to perform this Agreement) and that party’s only remedies shall be for breach of contract as provided in this Agreement. However, the service is provided to you under our operating rules, policies, and procedures as published from time to time on the Website.
No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default.
The headings and sub-headings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of this Agreement.
This Agreement and each Offer shall be governed by and constructed in accordance with the laws of Bangladesh without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts of Dhaka, Bangladesh.
None of the terms and conditions of this Agreement, notices or the right to use the Platform by the User contained herein or any other section or pages of the Platform and/or the linked sites, shall be deemed to constitute a partnership between the User and Nagad and no party shall have any authority to bind or shall be deemed to be the agent of the other in any way. It may be noted, however, that if by using the Platform, the User authorizes Nagad and its agents to access third party sites designated by them or on their behalf for retrieving requested information, the User shall be deemed to have appointed Nagad and its agents as his/her agent for this purpose.