Terms of Service: Pay LaterLast updated: January 15, 2023
These Terms and Conditions apply to the Users (as defined below) who have opted to use the Pathao Pay Later (as defined below).
The Terms and Conditions stated herein constitute a legal agreement between you and Pathao Limited (“Pathao” or the “Company”).
Pathao Limited is an information technology-enabled company that provides a digital marketplace for ordering products and services including rides, food, courier, parcel, etc.
By using the Pathao mobile application (the “Application”) or Pathao website (collectively, the “Pathao Platform” or the `Platform’) for the purpose of offering or using the Pathao Pay Later (the “Service”), you hereby expressly acknowledge and agree to be bound by the Terms and Conditions and any future amendments and additions to the Terms and Conditions as published from time to time at https://www.pathao.com/terms or through the Pathao Platform.
Your continued use of the Service shall constitute your consent to and acceptance of the Terms and Conditions. You further agree to the representations made by yourself below.
If you do not agree to the Terms and Conditions, please do not proceed to use the Service. If you have commenced the use of Service, you may notify the Company of your intention to discontinue the use of the Service or the unacceptance of the updated Terms and Conditions in accordance with Clause 10.
Pathao Limited and the User are hereinafter referred to individually a “Party” and jointly as the “Parties”.
For the purpose of the Terms and Conditions, wherever the context so requires:
(a) “Bill” shall mean an in-app statement issued by Pathao at the end of each Billing Cycle to show breakdown of amount payable to Pathao against transactions conducted by the User.
(b) “Billing Cycle(s)” A billing cycle is the time period in days for which the User will be billed for. Currently, there are two billing cycles every month. The first cycle is the 1st to 15th day of a month and the second is the 16th to the last day of a calendar month.
(c) “Deferred Payment” shall mean temporary allowed postponement by Pathao of a due payment of the User and has been agreed to be paid for by the User at a later date as per the Terms of this Agreement.
(d) “Pathao Platform/Platform” shall mean Pathao mobile application provided through App Store/Google Play to a User for using Pathao services including the Pay Later Service.
(e) “Personal Information/Data” shall mean any information shared by the User in availing the Service under this Agreement as specified Clauses in 1 (g) and 7.
(f) “Product(s)”, for this Agreement, shall mean and include any product or service displayed on the Pathao Platform for sale through the Platform.
(g) “Pay Later Spending Limit” shall mean the maximum amount of payable a User can avail from using Pathao services at any point in time subject to standard Billing Cycle.
(h) “Subscription Package/Package” shall mainly mean different types of Pay Later Services with Billing Cycles, applied Subscription Fee and associated rewards and provisions of the Packages.
(i) “Subscription Fee” shall mean fee payable to Pathao by the User to subscribe to any Pay Later Subscription Package.
(j) “Usage/Usage Amount” shall mean total amount of purchase by a User under the Service within a Billing Cycle.
(k) “User(s)” shall mean any person who opts to use the Service and has agreed to the Terms and Conditions herein.(l) “User Account” shall mean an account designated under the name of a User in Pathao Platform for using the Service under this Agreement.
1. Scope and Procedure of the Pathao Pay Later (the Service)
As a User of the Service, you agree that the Company reserves the right to control your access to use of the Pay Later Service. In the event that you choose to use the Service:
(a) You are required to open an Account in Pathao App and apply for registration to use the Pay Later Service by providing required Information (as per Clauses 1 (g) and 7).
(b) Once your registration for Pay Later Service is approved by Pathao, you can place orders for products and services on Pathao Platform.
(c) You will be provided with the option to pay for the products and services purchased through Pay Later Service. Therefore, you will be provided with the option of Deferred Payment up to a pre-approved Pay Later Spending Limit. This Pay Later Spending Limit will define the maximum amount of Deferred Payment accessible by you at any given point in time which can be kept to its maximum by making early payments at any time.
(d) Currently the Pay Later Service is divided into two Billing Cycles each starting on the 1st and 16th day of the month, regardless of when you join the Service. After the end of each Billing Cycle, the Company will share the Bill of your Usage Amount through an in-app statement.
(e) You will be required to pay the Bill issued in consideration of the Usage Amount in a Billing Cycle within 30 (thirty) days of the billing date.
(f) You agree that if you fail to make the payment within the aforementioned time limit, the Company may take steps as per Clause 2 of this Agreement.
(g) You agree that the Company may collect your Personal Information including but not limited to your name, NID, mobile number, device (mobile/desktop/laptop) specifications, location data, card details, etc. that you may choose to share (as per Clause 7) to register/avail the Service under this Agreement.
2. Payment Process and Timeline
2.1. Pathao shall generate an aggregated payment statement or Bill after the end of each Billing Cycle to the User.
2.2. User shall pay the Bill within the 30 days limit.
2.3. If an User fails to pay the Bill within the specified time-limit, they will be given 07 (seven) days of final notice. Failure to pay the Bill within the final notice period shall result in suspension of the User Account until the full payment is recovered.
2.4. Payment of dues after the end of the final notice period shall result in User being charged a late fee of 10% of the total due amount or maximum 250 BDT, whichever is greater. Once the due payment and late fee are paid, then the suspension on the User Account will be lifted.
2.5. Remaining balance of Pay Later Spending Limit as displayed on the Platform is Total approved Spending Limit minus amount payable against the latest completed billing cycle minus usage from the current Billing Cycle. Dues from the latest completed Billing Cycle and the current Billing Cycle will be displayed separately.
2.6. The Company reserves the right to change the rate of late fees from time to time as it sees fit.
2.7. The payment for Pay Later dues shall be through digital payment channels as approved by the Company from time to time.
3.1 All eligible users must subscribe to a Subscription Package in order to enjoy the Pay Later Service. The Packages may be valid for different durations and may cover one or multiple Billing Cycles. Users shall pay a Subscription Fee based on the Package they subscribe for which will be added to the due of the ongoing Billing Cycle.
3.2 In addition to having different validities, the Company may offer Subscription Package with different percentage of discounts that Users can avail.
3.3 User(s) can subscribe to only one Package at a time. But they will have the option to pre-subscribe to Packages for the upcoming Billing Cycle(s).
4. Refund Process
Any refunds (full or partial) to Users for products or services purchased through Pay Later Service will be processed within 07 (seven) working days of user’s request for refund.
5. Representations, Warranties and Undertakings
5.1 By using the Services, you expressly represent, warrant and undertake that:
(a) You as a person are legally eligible to accept and agree to the Terms and Conditions;
(b) All the information which you provide are true and accurate;
(c) While using the Service, you shall comply with all applicable laws in Bangladesh;
(d) You must access the Service by using your own authorized devices.
(e) You must not use the Service for any unlawful purpose;
(f) You will use the Service only for the purpose for which it is intended to be used. Users must use their own discretion while using the Pay Later Service and use it responsibly;
(g) You will not use the Pathao Platform or the Service for sending or storing any unlawful material or for fraudulent purposes;
(h) You will not use the Pathao Platform and/or the Service to cause nuisance, annoyance, or inconvenience;
(i) You will not try to harm the Service and/or the Pathao Platform in any way whatsoever;
(j) You agree to notify the Company immediately of any Unauthorized Use/Transaction of the Service or User Account or any other breach of security;
(k) You will provide the Company with proof of your identity as it may be required;
(l) You agree to provide accurate, current and complete information as required for the Service and undertake the responsibility to maintain and update your information in a timely manner to keep it accurate, current and complete at all times during the term of use of the Pay Later Service. You agree that the Company may rely on your information as accurate, current and complete. You acknowledge that if your information is untrue/inaccurate/not current or incomplete in any respect, the Company has the right to terminate the Service any time without notice;
(m) You must not use the Service for any unlawful financial gain;
(o) You agree to assume full responsibility and liability for the use of Pathao Pay Later Service. The Company shall not be liable in any state or form for loss or damage incurred by the User from using the Pay Later Service.
5.2 You further represent, warrant and undertake that:
(a) Your use of the Service is for your own sole and personal use and you are at least 18 (eighteen) years of age;
(b) You shall not authorize others to use your identity or User status, and you shall not assign or otherwise transfer your User Account to any other person or entity.
6.1 You agree that this Agreement shall be subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be in force and in connection with any future taxes that may be introduced at any point of time.
6.2 You further agree to use your best efforts to do everything necessary and required by the relevant laws to enable, assist and/or defend the Company to claim or verify any input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with the Service under this Agreement.
7.1 You agree and consent to the Company collecting and processing your Personal Information/Account Information for the Purposes and in the manner as identified hereunder.
7.2 For the purposes of this Agreement, “Personal Information/Account Information” means information about you, from which you are identifiable, directly or indirectly, including but not limited to your, name, NID, Phone number, device (mobile/desktop/laptop) specifications, location data, or any information about you which you have shared with the Company while registering for your account with Pathao and use of its services.
7.3 Sharing of your Personal Information is voluntary. However, if you do not provide the Company your Account Information, your application/request to use the Service may be incomplete and the Company will not be able to process your Account Information for the purposes outlined below and may cause the Company to be unable to allow you to use the Service.
7.4 The Company may collect or process your Account Information for business and activities of the Company which shall include, without limitation the following (the “Purposes”):
(a) To perform the Company’s obligations with respect to your use of Pay Later Service;
(b) To provide you with any services pursuant to the Terms and Conditions herein;
(c) Process, manage or verify your application for the Service pursuant to the Terms and Conditions herein;
(d) To validate and/or process payments pursuant to the Terms and Conditions herein;
(e) To process any refunds, rebates and or charges pursuant to the Terms and Conditions herein;
(f) To facilitate or enable any checks as may be required pursuant to the Terms and Conditions herein;
(g) To develop, enhance and provide what is required for the Pay Later Service pursuant to the Terms and Conditions herein to meet your needs;
(h) To conduct due diligence checks, credit assessment or evaluation with credit reporting agencies;
(i) For internal administrative purposes, such as auditing, data analysis, database records;
(j) For purposes of detection, prevention and prosecution of crime including in relation to its obligations under any applicable laws, regulations, guidelines or notices issued by any government or regulatory authority in Bangladesh;
(k) For the Company to comply with its obligations on any applicable laws, regulations, guidelines or notices issued by any government or regulatory authority in Bangladesh including disclosing such Personal Data to the law enforcement agencies or courts in Bangladesh;
(l) To respond to questions, comments and feedback from you;
provided that in the event your data is shared with third parties including but not limited to the Company’s affiliate or subsidiary companies, such third parties shall be contractually obliged to provide no less protection for that data than the Company.
7.5 In addition to the above, The Company may wish to communicate with you either by email, telephone or text message in relation to the following matters (the “Marketing Purposes”):
(a) to process your participation in any events, promotions, activities, focus groups, research studies, contests, polls, surveys or any productions;
(b) to send you alerts, newsletters, updates, mailers, promotional materials, special privileges, festive greetings from the Company and/or its affiliates or subsidiaries;
(c) to notify and invite you to events or activities organized by the Company and/or its affiliates and subsidiaries companies; and/or
7.6 If you do not consent to the Company processing your Personal Data for any of the Marketing Purposes, or if any of the Personal Data that you have provided to us changes, for example, if you change your email address, telephone number, payment details or if you wish to cancel your account or withdraw your permission to receive communications, or if there are any queries about your personal data, please contact and notify the Company through the Pathao Help Center: 09678100800 or email to: [email protected];
7.7 The Company will, to the best of its abilities, effect such changes as requested within fourteen (14) working days of receipt of such notice of change.
7.8 The Company is committed to full compliance with the provisions of the data protection laws of Bangladesh.
By agreeing to the Terms and Conditions upon using the Service, you agree that you shall defend, indemnify and hold the Company, its affiliates, subsidiaries, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs and/or regulatory action) arising out of or in connection with:
(a) your use of the Service and/or the Pathao Platform in your dealings with Third Party Providers and other third-party merchants, transportation providers, partners, advertisers and/or sponsors, where applicable;
(b) your violation or breach of any of the Terms and Conditions or any applicable law or regulation, whether or not referenced herein;
(c) your violation of any rights of any third party; and
(d) your misuse of the Service and/or the Pathao Platform.
9. Limitation of Liability
9.1 The Company makes no representation, warranty or guarantee as to its absolute: reliability, timeliness, quality, suitability, availability, accurate or completeness of the Service and/or the Pathao Platform.
9.2 The Company does not represent or warrant that:
(a) The use of the Service and/or the Pathao Platform will be absolutely secure, timely, uninterrupted or error-free;
(b) The Service will meet your requirements or expectations as to its entirely;
(c) Any stored data will be accurate or reliable;
(d) The quality of any Products, services, information, rewards or another material purchased or obtained by you through the Service will meet your requirements or expectations; or
(e) the Platfrom is error-free or defectless.
9.3 The Service is provided to you strictly on an “as is” basis.
9.4 All conditions, representations and warranties, whether express, implied, statutory or other, including without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are here excluded and disclaimed to the highest and maximum extent allowed under any law of Bangladesh.
9.5 The Service and/or the Pathao Platform may be subject to limitations, delays and other problems inherent in the use of the internet and electronic communications including the device used by you or other Users being faulty, not connected, out of range of mobile signals or functioning incorrectly. The Company is not responsible for any delays, delivery failures, damages or losses resulting from such problems.
9.6 To the fullest extent permitted by law, the Company shall not be liable for any claim, loss, damage, data loss, costs or expenses incurred (whether direct or consequential), suffered or sustained by you arising from or in connection with you use of the Service and/or the Pathao Platform.
10.1. Subject to Clause 10.5, the Company may terminate this Agreement at will without assigning any reason thereof and you will be disabled from further use of the Service at the end of the Notice Period.
10.2 Users can unsubscribe their Pathao Pay Later subscription by turning off their auto-renewal option in the App. The termination of Pathao Pay Later Service will be effective after the end of current Billing Cycle and all Bills and payments outstanding to Pathao is paid by you.
10.3 You hereby agree that this Agreement shall terminate immediately in the event that you are:
(a) in clear violation of any terms of this Agreement;
(b) declared bankrupt, insolvent or enter into liquidation or such other scheme of arrangement or administration;
© found in default of your debt obligations to a licensed bank by a Bangladesh court; or
10.4 You hereby agree that the Company is entitled to terminate this Agreement immediately in the event that you are found to be in breach of any of the terms stipulated in this Agreement.
10.5 As a User, you acknowledge and agree that while the Company may disable your further use of the Service, you will not be able to terminate this Agreement if there are any amounts or payments outstanding to the Company.
11. Complaints about use of the Service
11.1 Users are invited to contact the Company on the first instance in the event they wish to make a complaint about the use of the Service either via the following Pathao Customer Service: Tel: 09678100800 or email at [email protected].
11.2 You agree to raise any complaints and disputes about the Service within 10 (ten) working days of the transaction date.
12.1 The Company may give notice by means of a general notice on the Application, or by electronic mail to your email address in the records of the Company, or by written communication sent by registered mail to your address in the record of the Company. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by registered mail or pre-paid post) or 1 hour after sending (if sent by email).
12.2 You may give notice to the Company (such notice shall be deemed given when received by the Company) through email at [email protected].
13. Dispute Resolution
This Agreement shall be governed by relevant laws of Bangladesh, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with the Terms and Conditions and Conditions or the Service including breach, interpretation, termination or invalidity hereof, the Parties shall try to resolve the issue amicably by mutual understanding.
If there is no resolution within a period of 30 (thirty) days, the issue shall be finally resolved by arbitration in accordance with the Arbitration Act, 2001 prevailing in Bangladesh. All arbitration proceedings shall be conducted in the English language and the place of arbitration shall be Dhaka, Bangladesh. The decision of the arbitration tribunal shall be regarded as final and binding on both the Parties to this Agreement. Each Party shall bear its own costs, charges and fees of such arbitration.
14. No joint venture
No joint venture, partnership, employment, or agency relationship exists between you, the Company or any Third Party Provider as a result of these Terms and Conditions or use of the Service.
15. Entire Terms
If any provision of the Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. This shall, without limitation, also apply to the applicable law and jurisdiction as stipulated above.
The failure of the Company to enforce any right or provision in the Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing.