AMERICAN EXPRESS PARTICIPANTS WEB SITE RULES AND REGULATIONS
The City Bank Limited, Rules, Regulations and Disclaimers for American Express Internet World Wide Web Sites, American Express Company, its subsidiaries and affiliates ("American Express") require that all the visitors to site(s) on the World Wide Web that mention(s) American Express-branded products and service (the "Site") adhere to the following rules and regulations. By accessing the Site, you signify your acknowledgment and acceptance of these terms and conditions.
The Site is owned and controlled by City Bank. American Express Company and its subsidiaries and affiliates ("American Express") have no responsibility or liability for the Site.
LAWS AND REGULATIONS
User access to and use of the Site is subject to all applicable federal, state and local laws and regulations.
The trademarks, logos and service marks ("Marks") displayed on the Site are the property of City Bank, American Express and other parties. Users are prohibited from using any Marks without the written permission of City Bank, American Express or such third party that may own the Marks. All content on the Site is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any content on the Site for commercial or public purposes.
ALL INFORMATION ON THE SITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESSED OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. City Bank and American Express do not endorse and are not responsible for the accuracy or reliability of any opinion, advice or statement made through the Site by any party other than statements they make themselves. Under no circumstance will American Express be liable for any loss or damage caused by a user's reliance on information obtained through the Site. It is the responsibility of the user to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice, or other content.
LIMITATION OF LIABILITY
City Bank and American Express specifically disclaim any liability (whether based in contract, tort, strict liability or otherwise) for any direct, indirect, incidental, consequential, or special damages arising out of or in any way connected with access to or use of the Site, (even if City Bank or American Express have been advised of the possibility of such damages) including liability associated with any viruses which may infect a user's computer equipment.
CONFIDENTIALITY OF USER COMMUNICATIONS
Except as required by law, City bank will maintain the confidentiality of all user communications which contain personal user information and which are transmitted directly to City Bank. Postings by a user on any message board or in any chat room will not be protected as confidential and City Bank may use and provide information contained in any such postings (including any ideas, concepts, know-how or other intellectual property) to any of its parent company, subsidiaries and affiliates or to American Express for any purpose whatsoever and as deemed appropriate by City Bank, subject to applicable law.
LINKED INTERNET SITES
City bank and American Express are not responsible for the content available on any other Internet sites linked to the Site. Access to any other Internet sites linked to the Site is at the user's own risk.
City Bank and American Express are under no obligation to review any messages; information or content ("Postings") posted on the Site by users and assume no responsibility or liability relating to any such Postings. Notwithstanding the above, City Bank may from time to time monitor the Postings on the Site and may decline to accept and/or remove any Postings that contain:
- Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law.
- Advertisements or solicitations of any kind. [Note: This is not applicable for those Sites with message boards containing classified advertisements.]
- Messages posted by users impersonating others.
- Personal information such as messages which state phone numbers, social security numbers, account numbers, addresses, or employer references.
- Messages by non-spokesperson employees of City Bank or American Express purporting to speak on behalf of City bank or American Express.
- Messages that offer unauthorized downloads of any copyrighted or private information.
- Multiple messages placed within individual folders by the same user restating the same point.
- Chain letters of any kind.
TRANSMISSION OF PERSONAL DATA
User acknowledges and agrees that by providing City Bank with any personal or proprietary user information through the Site, user consents to the transmission of such personal or proprietary user information over international borders as necessary for processing in accordance with City Bank's standard business practices.
CHANGES TO RULES AND REGULATIONS
City Bank reserves the right to revise the Rules and Regulations at any time and users are deemed to be apprised of and bound by any changes to these Rules and Regulations (except for those provisions concerning American Express).
VIOLATIONS OF RULES AND REGULATIONS
City Bank and American Express reserve the right to seek all remedies available at law and in equity for violations of these Rules and Regulations, including the right to block access from a particular Internet address to the Site.
ACCESS TO PASSWORD PROTECTED/SECURE AREAS
Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
AMERICAN EXPRESS MYCA TERMS & CONDITIONS
Please read and understand American Express MYCA Terms & Conditions carefully before you access the website and/or use the services therein. By accessing the MYCA site, you signify your acknowledgment and acceptance of these terms and conditions along with theAmerican Express Participants Web Site Rules and Regulations (stated above).
These Terms and Conditions (hereinafter referred to as Agreement), unless otherwise amended and notified by the Bank from time to time, sets out the rights and obligations of you as the Cardmember, and us as the Bank, in connection with your use of the services under MYCA (hereinafter also referred to as the "Services Herein"), and your access to MYCA through https://myca.americanexpress.com.bd hereinafter referred to as "This Website" which is a American Express Online Card Management service provided by The City Bank Limited to its eligible American Express Cardmembers, in order to enable them to electronically access and use their Card Account. Notwithstanding anything contained herein, you agree and acknowledge that although this Terms and Conditions regulate your access of this website and use of the services herein, the said services shall also be subject to the applicable terms and conditions of any agreements which may govern the subscription and use of the same any instructional material or User Guide(s) provided by CBL or to you as well as any other terms, conditions and provisions which CBL or American Express may prescribe from time to time in relation to your card or account or etc. As such, this Terms and Conditions shall be read in conjunction with the terms and conditions of those agreements as may be applicable. Should there be any conflict between this Terms and Conditions and the terms and conditions of those applicable agreements, the latter shall prevail.
In consideration of the bank agreeing at your request to provide you with the use of services and your access to the website, you agree that your access to this website and/or use of the services herein will constitute your agreement to and acceptance of these terms and conditions as well as your acknowledgement of the inherent risks in conducting any transaction and using the services over the website and you authorize the bank to follow/act on your instructions over internet and/or other means. If at any time you do not accept any or all of these terms & conditions, you must immediately discontinue all access of this website and/or use of the services herein.
Note: All your requests will be accepted /rejected maximum within two working days. Please note, accepting request may not necessarily mean that the request has been executed. CBL will start to process the request once it is accepted; time for request execution will be as per the standard operating time for a credit card.
- 1.1. "Agreement" means the terms and conditions of the MYCA Agreement herein, as may be varied from time to time.
- 1.2. "Account" means your credit card, account(s) with City Bank as may be accessed through MYCA as may be determined by The City Bank Limited and AMEX from time to time.
- 1.3. "Available Limit" is the existing spending limit. It is the difference between your Total Limit and your Current Balance.
- 1.4. "Banking Services" refers to the facilities, products and services as identified herein or as may be provided by CBL and affiliates from time to time via the Internet.
- 1.5. "Bill Payment" means your use of a Card to pay amount that you owe to Bank
- 1.6. "Business day" means a day in which The City Bank Limited is open for business in Bangladesh.
- 1.7. "Card" means any American Express Green Blue -Local or American Express Green Blue - Dual or American Express Gold or American Express Platinum Credit Card, American Express Corporate Card or American Express Gold Corporate Card)issued by the bank to the Cardmember and includes Primary, Supplementary/Additional and Replacement Cards.
- 1.8. "Card Accounts" means the credit card account opened by the Bank for the purpose of entering all credits and debits received or incurred by the Primary Cardmember and the Supplementary/Additional Cardmember, if any, under these Terms and Conditions.
- 1.9. "CBL" means The City Bank Limited and includes its subsidiaries and its
successors in title and assigns and
where applicable any of them.
- 1.9.1. "Current balance" is the Net payable amount to bank by the Cardmember.
- 1.10. "OTP", One Time Password that is sent to you through SMS or Email
- 1.11. "Instructions" means any request, application, authorization or instructions in whatever form given or transmitted through MYCA to CBL or by you or any other persons purporting to be you, whether authorized or unauthorized.
- 1.12. "Last Statement Outstanding" reflects the total payable amount to bank as per the last statement.
- 1.13. "Loss" means any and all losses, damages (financial and otherwise), injuries, embarrassments, costs, charges and/or expenses of whatsoever nature, including legal fees on a full indemnity basis.
- 1.14. "Minimum Amount Due" is an amount of payment that needs to be paid by due date to keep the card account regular.
- 1.15. "MYCA User ID" means a unique name selected by you during your first time registration to, consisting of no less than six (6) and no more than ten (10) alphanumeric characters (No special character allowed, only alphabets/numeric/alpha-numeric) which must be keyed in by you every time you log on to MYCA.
- 1.16. "MYCA" is a secure site which allows Cardmembers to view their entire card portfolio. Cardmembers can monitor his balance and rewards earned, redeem points, manage account information etc right from home.
- 1.17. "our", "us", "we" means The City Bank Limited and includes its subsidiaries and its successors in title and assigns and where applicable any of them.
- 1.18. "Password" means the personal password that you select to access MYCA and subsequently for each time you log on to MYCA.
- 1.19. "Payment" means the action of paying the bank against your card.
- 1.20. "Payment due date" means the date, appearing on your Credit Card Account statement, by when you must pay at least the "current minimum payment due" or the "total payment due" (as applicable) to keep your account regular.
- 1.21. "Payment" means the action of paying the bank against your card.
- 1.22. "Pending Transactions" are purchases or pre-authorizations that haven't been posted to yours account yet.
- 1.23. "Posted Transactions" are purchases or pre-authorizations that have been posted to yours account already.
- 1.24. "Total Limit", the bank approved spending capacity of your Amex card.
- 1.25. "you", "your" or "yourself" means CBL's or AMEX Cardmember in whose name the Account is held by CBL or and each person who uses or is authorized to use a password and a MYCA User ID or other means of access as may be established or approved by CBL.
Procedure for Enrolment and Access to MYCA
- 2.1. Subject to the terms and conditions herein, MYCA is made available for application and enrolment to primary Cardmembers who has existing AMEX Credit card.
- 2.2. To enroll for MYCA, you would be required to enter your 15 Digit Card Number and Expiry Date for validation. This has to be done only at the official CBL MYCA website located at the public URL.
- 2.3. Upon successful validation of your Amex Card, you will be required to select and key in your preferred MYCA User ID that will enable your continued access and use of MYCA.
- 2.4. Upon Confirmation you will receive an OTP through SMS or email. When you key in the OTP, City Bank will send you a temporary password. Subsequent to your successful enrolment to MYCA, you will be required to key in your MYCA User ID and temporary password to log in for the first time.
- 2.5. You need to log in with your User ID and password each time you log on to MYCA.
- 2.6. You agree and acknowledge that CBL has the right to invalidate your MYCA User ID and your Password without prior notice and without being obliged to provide any reason for such invalidation or to respond to any request for information from yourself. Further you agree and acknowledge that you shall not hold CBL liable for any Loss, which you may suffer as a result of such invalidation.
Responsibility for PIN And MYCA User ID
- 3.1. You agree and acknowledge that you shall at all times keep your Password, OTP and MYCA User ID confidential and shall not share or disclose your Password, OTP and MYCA User ID to any person whatsoever, including any Officers of CBL.
- 3.2. You shall, at all times, observe all security measures as may be prescribed by CBL in relation to your Password, OTP and MYCA User ID and further, you shall take all reasonable precautions necessary to ensure that no other persons have or will be granted access to your Password, OTP , MYCA User ID and such precautions may include, among others, immediately memorizing the Password, OTP and MYCA User ID and destroy any envelope or document on which it is stated (if any), not retaining the Password, OTP and MYCA User ID in any form except in memory, not leaving your Personal Computer unattended whilst accessing MYCA and ensuring that others do not see you entering the Password, OTP, and MYCA User ID or any security credentials upon access MYCA as well as ensuring you properly log off from MYCA upon completion of your use thereto.
- 3.3. You agree that you shall, at all times, be responsible for all access and/or use of MYCA made via your Password, OTP and MYCA User ID whether it was in fact made by you or by any other person(s) purporting to be you.
- 3.4. If you discover or have reasonable grounds to believe that your Password, OTP and MYCA User ID has been compromised in any way and/or you have received any statement, data or information which indicates that an unauthorized transaction has taken place or is otherwise not intended for you, you shall immediately notify CBL or via telephone at its Call Center specified in Clause 12.1.1. For the avoidance of doubt, all telephone calls made to CBL's Call Center shall be logged by CBL.
- 3.5. Subject to Clause 3.7, until CBL receives and logs such notification under Clause 3.4 above, you shall be liable for all such transactions, which are conducted through MYCA via your MYCA Password, OTP and User ID whether or not the same were conducted or authorized by you. For the avoidance of doubt, you shall be liable for all such transactions conducted through MYCA up to the point of time notification is made and logged pursuant to Clause 3.4 above, or otherwise, up to the point of time notification is supposed to be made, which for the avoidance of doubt, is immediately upon you discovering or having reasonable grounds to believe that your Password, OTP and MYCA User ID have been compromised in any way and/or you have received any statement, data or information which indicates that an unauthorized transaction has taken place or is otherwise not intended for you. Where such notification is delayed for any reason, you shall in addition to being liable for all transactions conducted up to the above referred point in time, be liable for the actual loss which occurred after the mentioned point in time, until the actual notification made by you is received and logged by CBL subject to Clause 3.8 below.
- 3.6. Upon CBL's receipt of your notification made pursuant to Clause 3.4 above, you agree and acknowledge that CBL may, at its sole right and discretion, suspend your access to MYCA until a new Password and (MYCA User ID) is issued or applied for and/or such reported/unreported discrepancies are resolved by CBL.
- 3.7. Notwithstanding anything contained herein and for the avoidance of doubt, where the unauthorized use of your Password, OTP and MYCA User ID is due to your actions, fraud, disclosure, abuse or misuse, which are deliberate, you shall be liable for such use even if a notification is made pursuant to Clause 3.4 above.
- 3.8. Further and notwithstanding Clause 3.5 above, where you have contributed to a
loss resulting from
unauthorized transaction by delaying notification under Clause 3.4 above, you shall, subject to
liable for the actual loss which occurred during the period of such delay, except for:-
- 3.8.1. That portion of the loss incurred on any one day which exceeds the daily transaction limit applicable to the relevant Account; or
- 3.8.2. That portion of the total loss incurred which exceeds the amount of funds standing in your Account.
- 3.9. In addition, you are responsible for your own personal computer anti-virus and security measures to prevent unauthorized access to your transactions and accounts via the service. You must follow any other security rules prescribed by us whether in the Website, under any other agreement with us, or otherwise notified to you by us in any way.
Instructions and Authorizations
- 4.1. You shall, at all times, be responsible for all Instructions transmitted to CBL via your Password, OTP and MYCA User ID regardless of whether they were made by you or someone purporting to be you and you hereby agree and acknowledge that CBL would be entitled to rely on and treat any Instructions made, submitted or effected pursuant to the use and entry of your , Password, OTP and MYCA User ID as having been made, submitted and effected by you and accordingly, CBL shall not be responsible or liable for any Losses which you may suffer, whether directly or indirectly, as a result of the same.
- 4.2. All Instructions transmitted to and/or received by CBL through your Password, OTP and MYCA User ID shall be deemed as regular and genuine Instructions made by you. For the avoidance of doubt, CBL is under no obligation to verify the said Instructions with you to determine its authenticity but CBL may, at its sole right and discretion, do so for its own purposes.
- 4.3. Subject to Clause 4.5, all Instructions transmitted via your Password, OTP and MYCA User ID shall be irrevocable and binding on you upon transmission.
- 4.4. You hereby authorize CBL to accept and act upon any Instructions made by you in respect of MYCA including but not limited to payment(s) point redemption or to otherwise deal with your Account(s) without any further authority. Further, you agree and acknowledge that subject to CBL having received notification from you pursuant to Clause 3.4 herein, CBL will be deemed to have been duly authorized by you to accept and act upon Instructions to CBL made via your Password, and MYCA User ID whether or not such Instructions were in fact made by you or any other person(s) purporting to be you.
- 4.5. Subject to Clause 4.6. below, if you discover or have reason to believe that the Instructions transmitted to or received by CBL are neither accurate nor complete, you shall inform CBL immediately via telephone at its Call Center specified in Clause 12.1.1. herein. For the avoidance of doubt, all telephone calls made to CBL's Call Center shall be logged by CBL.
- 4.6. CBL shall not be obliged to act on any request to cancel, revoke, reverse or
amend any Instructions
Payment or any other Instructions after it has been transmitted by you to CBL. CBL, however may
discretion, cancel, revoke, reverse or amend an earlier Instruction if your request to cancel,
or amend the same is received and effected before the earlier Instruction is executed. For the
doubt, CBL may levy a charge upon the Cardmembers for doing so.
CBL reserves the right to refuse and or suspend any of your request to carry out any of your
transactions for any period of time and or request for further verification and or
before determining whether to carry out any of your Instructions or transactions ('the CBL's
any reason whatsoever including but not limited to:
- 18.104.22.168. Where your Instructions or transactions are in violation of any laws or any terms and conditions herein
- 22.214.171.124. Where your Instructions or transactions are inconsistent with any of CBL's policies or rules and regulations
- 126.96.36.199. Where your Instructions or transactions have triggered or set in
motion the relevant CBL's
arising from the findings by the system put in place by CBL (which is based on your past
secure and/or safe guard your transactions from being affected by any unauthorized
with that , you hereby agree
- 188.8.131.52.1. That such findings and the CBL's actions shall be deemed as final , binding and conclusive against you; and
- 184.108.40.206.2. Not to hold CBL in any way responsible or liable to you in respect of any and all claims, actions, proceedings, damages, loss, costs, expenses and any other whatsoever charges which may be incurred or suffered by you or made or taken against you in connection with or arising out of the findings and or the CBL's actions and/or any claims by you that has failed to stop or prevent any unauthorized transactions.
- 4.7. In the event that CBL decides to act upon and/or carry out any Instructions or is otherwise under an obligation to act upon and/or carry out any Instructions, CBL shall be allowed such amount of time to act upon and implement any Instructions as may be reasonable having regards to the systems and operations of CBL and any other circumstances then prevailing and accordingly, CBL shall not be responsible or liable for any Loss arising from any delay on the part of CBL in acting upon and/or carrying out any such Instructions.
- 4.8. Where any Instruction is ambiguous and/or inconsistent with any other Instructions, CBL shall be entitled to rely and act upon such Instruction in accordance with any reasonable interpretation thereof which any Officer believes in good faith to be the correct interpretation of the same or refuse to act until CBL receives a fresh Instruction(s) in such form and manner as is required by CBL.
- 4.9. All Instructions given and transactions effected or made by you on any day after the time stipulated by CBL as the latest time by which such Instructions or transactions should be effected or made may, at the election of CBL be treated as Instructions or transactions given, effected or made on the next Business day immediately following that day.
Services under MYCA
Subject to the terms and conditions of this Agreement and any other terms and conditions as may be relevant to a particular Amex Credit Card, and subject to you having and maintaining the relevant Account(s) pertaining to any transactions made through MYCA, CBL offers you with the following major Services (as applicable):-
- i) Monitor Account balance
- ii) Monitor Transaction Activities
- iii) Statement view
- iv) Make Credit Card payment
- v) Manage MR points for redemption
- vi) Administer Profile
- a. Cardmembers Information
- b. Account Alerts: Manage account alerts
- c. Card Management
- i. Replace Card
- ii. Block Card
- d. Credit Management
- i. Check Spending Ability
- ii. Recently Declined Charges
- e. Requests
- vii) View current offers/benefits
- 5.1. Any other new Banking Service(s) as maybe offered by CBL from time to time. By using these new Banking Service(s) as they become available, you agree to be bound by this Agreement in relation to these new Banking Service(s) in so far as it is applicable.
- 5.2. Where new Banking Service(s) are introduced pursuant to, you agree and acknowledge that by utilising such new Banking Service(s) you shall be bound by the terms and conditions in force governing such new Banking Service(s).
- 5.3. For the avoidance of doubt and notwithstanding anything contained in this Agreement, you agree and acknowledge that CBL reserves the sole right and discretion to limit, cancel or suspend any or all of the Cardmembers Activity herein in whole or in part at any time without giving any reason or explanation of the same and without incurring any liability whatsoever to you for doing so. Further thereto, CBL may also add, withdraw or change the types of transactions that may be available or carried out through these Banking Services.
You agree and acknowledge that any information pertaining to your Account(s) as reported through MYCA may not necessarily reflect or indicate transactions that are yet to be processed and updated and therefore, should not be taken as conclusive of your Account balance and transaction history with CBL.
- 7.1. You agree and acknowledge that Payments are not final upon receipt of your Instructions.
- 7.2. You acknowledge that payments are only accepted once it is reflected in posted transaction. You should make payment 2 Business days before last payment date to avoid interest charges.
- 7.3. Your Payment request will be accepted /rejected maximum within two working days and that status will be shown in the View Payment in Payment section of MYCA. Your Successful payment will also be reflected in your statement activity in Statement & Activity Section of MYCA.
- 7.4. Please note, accepting payment request may not necessarily mean that payment request has been executed. CBL will start to process the request once it is accepted; time for request execution will be as per the standard operating time for a credit card.
- 7.5. CBL may, at its sole right and discretion, request for any additional verification and/or information prior to the execution of any Payment Instructions. For the avoidance of doubt, CBL shall not be responsible or liable for any Loss which you may suffer, whether directly or indirectly, as a result of CBL's failure, neglect, omission or otherwise option not to request for such additional verification and/or information.
- 7.6. You acknowledge that CBL may specify limits on the number of transactions you may make using Payment services and the amounts to be so paid under the same.
- 7.7. CBL shall endeavor to execute any Payment Instructions promptly in accordance with your Instructions subject always to the Payments being made on a Business day, regardless of this Payment being made online real time or scheduled as a recurring Payment.
- 7.8. CBL shall not be liable for any Payments or any failure to complete or execute
- 220.127.116.11. You have an insufficient balance in your Account(s) or insufficient overdraft lines of credit to or pay the relevant amount(s) or to pay for any fees, charges, expenses and interests that may be imposed by CBL from time to time for the use of MYCA;
- 18.104.22.168. Your relevant Amex Credit Card is to be made subject to any legal process or other otherwise claim restricting such transactions or where the same is/are otherwise frozen, closed or suspended for any reason whatsoever;
- 22.214.171.124. There is an error in the information or Instructions given by you, during the course of transmission through MYCA;
- 126.96.36.199. You fail, neglect, omit or otherwise choose not to follow the latest or current instruction, procedures and directions for using MYCA or the particular Banking Services offered there under; or
- 188.8.131.52. CBL knows or has reasons to believe that a fraud, criminal act, offence, or violation of any law or regulation has been or will be committed.
- 7.9. You should rely on your own evaluation to assess the merits, risks, and the compliances of the shares. In considering the shares, if you are in doubt as to the action to be taken you should consult your professional advisers immediately.
- 8.1. You agree and acknowledge that you shall use the Secure Messaging Service for the transmission of messages related to your Account, and the Banking Services offered there under and shall not use it for any other purpose including but not limited to the transmission of spam or chain messages or any type of unsolicited messages which do not relate to CBL or, your Account(s).
- 8.2. You agree and acknowledge that CBL may fix a limit as to the number of messages you may send, receive or store in or through the Secure Messaging Service at any time.
- 8.3. You further agree and acknowledge that you shall not transmit messages that are unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law.
- 8.4. You agree and acknowledge to not sharing personal information such as messages which state phone numbers, social security number, account numbers, addresses, or employee reference.
- 8.5. You agree and acknowledge that City Bank and American Express is under no
obligation to review any
messages, information or content ("Postings") posted on the Site by users and assume no
liability relating to any such Postings. Notwithstanding the above, City Bank may from time to
Postings on the Site and may decline to accept and/or remove any Postings that contain:
- 8.5.1. Advertisements or solicitations of any kind. [Note: This is not applicable for those Sites with message boards containing classified advertisements.]
- 8.5.2. Messages posted by users impersonating others.
- 8.5.3. Messages by non-spokesperson employees of City Bank or American Express purporting to speak on behalf of City bank or American Express.
- 8.5.4. Sending messages that offer unauthorized downloads of any copyright or private information
- 8.6. You agree and acknowledge that any data, information or Instructions that you communicate or transmit via the Secure Messaging Service shall, unless otherwise expressly stated by you, be deemed as true, accurate and complete and CBL or shall be entitled to rely on and where necessary act upon any such data, information or Instructions without being liable in relation thereto.
- 8.7. Pursuant to Clause 9.4 and notwithstanding anything contained in this Agreement, you agree and acknowledge that any communication or transmission which you make with CBL or City via the Secure Messaging Service which meets CBL's operating standards and requirements shall be deemed to be valid, accurate and authentic and as good as, and given the same effect as, written and/or signed documentary communications.
Fees and Charges
- 9.1. While your use of the Services and access to the web site may initially be provided free of any charges, you agree and acknowledge that we reserve the sole right and discretion to levy a charge for the same or any service(s) which may be provided herein or any portion thereof at any time in the future, subject always to our giving you prior notice of the same.
- 9.2. Notwithstanding your obligations to pay any fees and charges under any other terms relating to your Account, you shall pay to CBL all fees, commissions and any other relevant charges at such rates and in such manner as CBL may impose and/or stipulate from time to time with respect to MYCA and/or any of the Service(s) provided there under.
- 9.3. CBL may inform you of such fees, charges and/or any variations thereof by giving fourteen (14) days prior notice in writing or posting at City Bank's official websites or in any manner deemed applicable by CBL. Should you disagree with the imposition of such fees, charges and/or variations thereof, you shall cease to use MYCA or the particular Banking Services to which such fees, charges and/or variations relate to. Your continued use and access of MYCA or the particular Banking Service to which such fees, charges and/or variations relate to shall be deemed as your agreement and binding acceptance of the same.
- 9.4. You agree and acknowledge that CBL reserves the right to debit your relevant Account for the payment of any fees, charges and/or penalties imposed pursuant to this Agreement including any Government charges, stamp duties or taxes payable as a result of the use of MYCA and the Banking Services provided there under.
- 9.5. You agree and acknowledge that all fees and charges including but not limited to telephone and telecommunication charges, relating to your access and connection to MYCA including any fees and charges imposed by any Network Service Provider shall be borne solely by you, and CBL shall neither be responsible nor liable in relation thereto.
- 9.6. Applicable fees and charges will be imposed on your card for service(s) you have requested through MCYA. Visit https://www.americanexpress.com.bd/personal/fees.html for more information on applicable charges.
Disclosure of Information
- 10.1. You hereby expressly authorize and permit CBL to divulge, reveal and/or
otherwise disclose any and
particulars and information relating to yourself or your Account or any transactions or dealings
- 10.1.1. To any of its subsidiaries, affiliates, business partners and/or any other persons to the extent necessary to complete, verify or restrict a transaction or Instruction;
- 10.1.2. To comply with laws, regulations, government agencies and authorities in Bangladesh and elsewhere including court orders and requests;
- 10.1.3. To verify the existence and condition of your Account(s) for a third party such as a credit bureau or merchant;
- 10.1.4. To provide services relating to your Account(s) or to offer other facilities, products and services unless you duly inform us otherwise;
- 10.1.5. In connection with examination by banking authorities;
- 10.1.6. Where you request or authorize CBL to do so, whether in writing or otherwise;
- 10.1.7. To protect and defend CBL and its property; and
- 10.1.8. To protect the interest of the public including but not limited to the detection of crimes and the apprehension of criminals.
- 10.2. You authorize CBL to procure any information from any person, organization, authority, company, corporate or unincorporated body or any other entity as CBL may in good faith deem fit in connection with your Account(s) or the Banking Services and authorizes the disclosure by such person of any information required by CBL
- 10.3. You, in submitting to CBL any application, Instructions or in continuing with the Account(s) or the use of MYCA, shall be deemed to have conferred upon in such application or by such conduct as the case maybe, your due authorization and permission for such disclosure in accordance with the terms hereof.
- 10.4. Though CBL shall endeavor to ensure the security of your information which is transmitted through MYCA, you agree and acknowledge that CBL does not make any warranties in respect of the same and you hereby accept the risk associated with the use of the Internet medium including but not limited to the risk that all information transmitted through MYCA may be accessed by unauthorized third parties and accordingly, you shall not hold CBL responsible or liable for any such unauthorized access, theft of information or any Losses resulting there from.
Your Responsibility and Undertakings
- 11.1. You shall, at all times, be responsible for obtaining and using the necessary Internet browser and/or any other hardware and/or software necessary including any new and recent versions thereof, which is necessary to obtain access to MYCA at your own risk and expense.
- 11.2. You shall be solely responsible to understand the potentiality of various cybercrimes including but not limited to Phishing scam at your own extent and safeguard your MYCA User ID and Password including relevant information that may deem confidential and case sensitive. You agree that CBL shall not be held responsible by any means, for your inability to understand the potential risk associated with such cyber scams, even if it incurs financial loss to you as a consequence of falling prey of cyber scam.
- 11.3. You shall be responsible for the maintenance of any account that you may have with a Network Service Provider. For your access to MYCA and you hereby agree, acknowledge and understand that such access will, to that extent, be subject to the terms and conditions of your Network Service Provider.
- 11.4. You agree and acknowledge that CBL will not be held liable for your inability to access MYCA or any part thereof, the rejection of your transactions, the incorrect processing of your transactions as a result of your failure to maintain your account with the Network Service Provider or your failure to obtain or use the necessary Internet browser and/or other hardware and/or software including but not limited to any failure to upgrade the relevant Internet browser and/or software or to use the new and recent versions of the same as may be required by CBL.
- 11.5. You agree to observe all security measures in relation to your Account(s) and the access to and use of MYCA as specified in this Agreement and any other rules and regulations, policies or guidelines as may be in force in relation thereto.
- 11.6. You shall furnish CBL with complete, accurate and timely data, information and Instructions in relation or in connection with any transactions and performance of any transactions made through MYCA.
- 11.7. You shall not initiate any claims, actions or suits against CBL or, for any unauthorized use of MYCA whether as a result of your, Password, MYCA User ID being compromised or otherwise.
- 11.8. You shall, at all times, observe and abide by the terms and conditions of this Agreement and any other relevant agreement between CBL and you and any other rules, regulations, policies and guidelines currently in force.
- 11.9. You shall not interfere with the access to and use of MYCA or Banking Services by other customers and you shall not use MYCA for any purpose other than conducting authorized transactions and performing authorized activities. The pertaining to your Account(s). You shall also not hack, attempt to hack or gain unauthorized access, whether directly or indirectly, into MYCA, any other customer's account(s) and/or the Banking Service(s), for any purpose whatsoever.
- 11.10. You shall observe all reasonable propriety and etiquette in your communications with CBL and shall not communicate any False, obscene or defamatory information to CBL whether through MYCA or otherwise.
- 11.11. You shall keep yourself informed and updated of CBL's relevant and applicable policies and practices and other terms applicable to your Account(s), the Banking Services and MYCA as provided by CBL to you.
Error Reporting and Queries
- 12.1. Should you wish to report any error or make any queries or complaints in
relation to MYCA, you may
in, e-mail or call the City Bank Call Center.
- 12.1.1. CONTACT DETAILS: CITY BANK CALL CENTER : CUSTOMER SERVICE HOTLINE (DOMESTIC): 16234 CUSTOMER SERVICE HOTLINE (INTERNATIONAL): (+88) 02 8331040 E-MAIL: MYCA@thecitybank.com For the avoidance of doubt, all telephone calls made to CBL's Call Center shall be logged by CBL.
- 12.1.2. CITY BANK CARD CENTER THE CITY BANK LIMITED Card Division Rashid Tower, Level -5 House - 11, Road- 21 Gulshan-1, DHAKA-1212, BANGLADESH
NB. All these services are subject to change. CBL may include or exclude any of the services as and when deemed fit as per business requirement.
- 12.2. Subject to Clause 13.3, you may be required to disclose to CBL all relevant information relating to any report, query or complaint including but not limited to your name, the relevant Account(s) number(s), a description of any such error, query or complaint, an explanation on why you believe it to be an error or why you require more information and the amount(s) involved in the suspected error, query or complaint, as maybe relevant. Notwithstanding this, you shall not, at any time and under any circumstances whatsoever, disclose your Password and/or MYCA User ID to any CBL staff or representative.
- 12.3. Where any communication involves your sensitive or confidential information whether in relation to your Card(s), Account(s) or any transactions made in relation thereto or otherwise, CBL does not encourage the communication of any such information via electronic-mail ("e-mail") (not being Secure Messaging) and you agree and acknowledge that should you proceed with such mode of communication in relation to such information, you shall undertake all inherent risks associated with such mode of communication and shall not, at any time whatsoever, hold CBL responsible or liable for the security of such information or any Loss suffered in relation thereto.
- 12.4. In the event that CBL requests you to make such report, complaint or query in writing to CBL, you shall do so within ten (10) Business days thereafter. If no such written report, complaint or query is received by CBL within the above mentioned period, CBL will not be under any obligation to conduct any investigation and answer any such query or complaint.
- 12.5. Subject to Clause 12.6, CBL shall endeavor to investigate the complaint, answer the query or inform you of the results of its investigation as soon as practicable or in any case within ten (10) Business days of receipt of such report, query or complaint or where a subsequent written report, query or complaint is requested by CBL pursuant to Clause 12.4, within ten (10) Business days of receipt of such subsequent written report, query or complaint.
- 12.6. If CBL requires more time to conduct its investigation, CBL shall extend the period stated in Clause 12.5 above to such reasonable period as it deems necessary in its sole discretion which shall as far as reasonably possible not exceed thirty (30) days from the date of receipt of such report, query or complaint or where a subsequent written report, query or complaint is requested by CBL pursuant to Clause 12.4, within thirty (30) days of receipt of such subsequent written report, query or complaint.
- 12.7. If your complaint is made on the ground of a fraudulent incident including but not limited to unauthorized/disputed transaction through your AMEX card, it shall be resolved following the Business Operation Policy (BOP) of AMEX payment system and the timelines quoted therein which may vary given the nature of your dispute regardless of whatsoever described in clause 12.5 / 12.6 / any clause / other agreement. Provided that the fraud investigation shall be conducted by the designated officers of CBL within the reasonable time period which may extend from 60 to 90 days from the date of such complaint, dispute or case received by CBL in pursuant of clause 12.4, considering the severity & complexity of the case. You are expected to cooperate with the designated officer (s) with patience during the investigation period. However, the comprehensive investigation does not warrant the settlement of case in your favor, if there is a reasonable ground to believe that the incident/transaction has happened in due course of your negligence or involvement / you failed to act according to AMEX Card Members T&C.
- 12.8. Subject to the provisions of this Agreement, upon the completion of an investigation, CBL shall make reasonable endeavors to correct any error promptly and to make the necessary adjustments to your Account(s) and notify you of the adjustments made pursuant thereto.
- 12.9. In any case, CBL shall inform you of the results of the investigation within ten (10) Business days of the completion of CBL's investigations in Clause 13.5 or 13.6, as the case may be.
- 12.10. Where you are not satisfied with the outcome of the investigation or of your
complaint, you may
against such outcome:-
- 12.10.1. To the Senior Management of CBL in writing to the address as specified in Clause 13.1. above; or
Statements, Confirmation and Advices
Where CBL sends or delivers to you a statement, confirmation or advice, you shall verify each and every such statement, confirmation or advice and shall give CBL written notice of any such error or omission in any such statement, confirmation or advice within sixty (60) days from the date of the said statement, confirmation or advice in accordance with Clause 13 above. Where no such notice is received by CBL within the said sixty (60) days, such statement, confirmation and advice shall as against you be deemed as true, correct and accurate as regards all transactions and amounts stated therein and shall be conclusive evidence of the transaction and your liability to CBL.
Updating of Customer's Particulars
- 14.1. You shall promptly notify CBL of any changes or variations in your personal
particulars and CBL
entitled to assume that there have been no changes or variations until CBL has received notice
you. You can make any changes as per City Bank normal procedure or through MYCA Profile menu
- 14.1.1. To make changes to your Personal Details through MYCA, go to Profile section in top menu banner and make the request my clicking change beside required option.
- 14.1.2. You will be requested to provide your Amex card details and Card Pin for verification. For security you will receive an OTP through SMS or Email.
- 14.1.3. To confirm the changes key in the OTP sent through SMS or Email.
- 14.1.4. Upon validation you will be allowed to make the necessary changes
- 14.2. Any changes made through MYCA will be considered updated.
- 14.3. Your request will be accepted /rejected maximum within two working days and that status will be shown in the Request at Profile section of MYCA. Your Successful requests will also be reflected in your Cardmembers Information at Profile Section of MYCA.
- 14.4. Please note, accepting request may not necessarily mean that the request has been executed. CBL will start to process the request once it is accepted; time for request execution will be as per the standard operating time for a credit card.
- 14.5. CBL holds right to request further verification if deem necessary.
Managing your Card
- 15.1. When deem necessary you can Replace/Block your card through MYCA.
- 15.1.1. To replace your card in case of damaged/lost/stolen/name change request it through Card Management in MYCA Profile section. Select the reason from drop down and click Replace. Your request will be sent to the respective team and we will follow normal card replacement procedure. Except ATM Captured, replacement fees may be charged
- 15.1.2. To Block your card due to lost/stolen/restricted access request it through Card Management in MYCA Profile section. Select the reason from drop down, an optional description and click Block, the card will be blocked.
- 15.1.3. While replacing, ATM captured Fee will be imposed on cards that are captured in ATM. For all other cases, Card Service team will impose full replacement fees on Card. Any complaint/request is placed through CC or CSD (for damaged, CVV2 erase) will be rectified accordingly by the Card service team in cooperation with CSD/CSD/required stakeholders.
- 15.1.4. For name correction request, Name will be replaced as per the main card form/file
Exclusion of Liability
- 16.1. CBL shall use all reasonable efforts to ensure the operation and provision of MYCA and the Banking Services. However, you agree and acknowledge that CBL does not make any warranties or representations of any kind whatsoever with respect to MYCA and the Banking Services provided by CBL , whether express or implied and subject to Clause 16.4, shall not be responsible or liable for any Loss whatsoever howsoever arising whether in tort, contract or indemnity, in relation to the provision of MYCA and the Banking Services whether suffered by you or any other person with the exception of Losses which, subject to Clause 5.8., are caused by the fraudulent or gross negligent conduct of CBL's Officers.
- 16.2. Without limiting the generality of Clause 16.1. above, CBL shall not be
for any Loss caused
arising from one or more of the following events or matters howsoever caused or incurring:-
- 16.2.1. Any malfunction, defect in and/or any breakdown, disruption or failure of any telecommunications, computer, terminal, server or other device or system whether or not owned, operated or maintained by you, CBL or any other person, including but not limited to the failure of any such equipment or system to accept, recognize or process any Password, MYCA User ID or Instruction;
- 16.2.2. Any malfunction, breakdown, disruption and/or unavailability of MYCA or any portion thereof, howsoever arising;
- 16.2.3. Any of the Banking Services not being accessible, available or functioning;
- 16.2.4. Any failure or delay caused by your Internet browser or other software, computer virus or related problems;
- 16.2.5. The corruption, destruction, alteration, loss of or error in your Instructions or any data or information in the course of transmission through MYCA;
- 16.2.6. Any intrusion, interference or attack by any person, virus, Trojan Horse, worms, macros or other harmful components or deleterious programs or files;
- 16.2.7. Any loss, theft or unauthorized use of your Password, MYCA User ID;
- 16.2.8. Any purported access to and use of MYCA and/or the Banking Service(s), your Password, MYCA User ID as well as any other software or hardware provided by CBL to you, if any;
- 16.2.9. Any malfunction or breakdown in the software or hardware provided by CBL to you, if any;
- 16.2.10. Any unauthorized access and/or use of MYCA and the Banking Services by any person;
- 16.2.11. Any prohibition, suspension, delay or restriction of your access to MYCA by the laws and regulations of any country from which you access MYCA;
- 16.2.12. Any prohibition, suspension, delay or restriction of your access to MYCA caused by, relating to or in connection with your Network Service Provider;
- 16.2.13. Any inaccuracy or incompleteness of information, data or Instructions given by you in relation to any transactions or the performance of any transactions or otherwise in relation to the provision of any of the Banking Services;
- 16.2.14. Your failure, neglect or omission to maintain sufficient funds in the relevant Account(s) to perform any of your Instructions;
- 16.2.15. Your inability to perform any transactions due to limits set by CBL from time to time;
- 16.2.16. Your failure, neglect or omission to act in accordance with the terms and conditions of this Agreement and any other rules, regulations, policies and guidelines currently in force;
- 16.2.17. Any event, the occurrence of which is beyond CBL's reasonable control, including but not limited to fire, earthquake, flood, lightning, riots, strikes, lockouts, government action, war, disruption of electrical or power supply; or
- 16.2.18. Any Loss which is caused by third parties.
- 16.3. While CBL ("Banks") shall make reasonable efforts to ensure that the product information, pricing and rates on their website are accurate and current, there may be instances where inaccurate or incomplete information, pricing or rate is inadvertently displayed. In the event such information, pricing or rate is incorrect or incomplete, the Banks shall have the right at their sole and absolute discretion, to refuse, avoid, nullify and/or cancel any orders placed and or any transaction effected under the Account, Banking Services and any other transactions effected due to, arising from or as a consequence of the inaccurate or incomplete information. The Bank assumes no responsibility for any error or omission in the content of the said website, and expressly disclaims liability for any losses incurred due to such errors, inaccuracy misstatements or omissions. So long as CBL acts in good faith in acting upon or carrying out any Instructions, CBL shall neither be responsible nor liable to you in any respect for any Loss caused by or arising from CBL's execution or implementation of such Instructions or any matter arising there from.
- 16.4. Without prejudice to the generality of the foregoing and notwithstanding any provision to the contrary in this Agreement or in any other agreement between CBL and you, shall not in any event be responsible or liable to you for any indirect or consequential Loss, or for punitive damages, whether arising from any breach of CBL's obligations to you or otherwise
- 17.1. CBL reserves the right to change, modify, delete, amend, add or vary the terms and conditions of this Agreement from time to time but CBL will, subject to Clause 17.4, give at least fourteen (14) days notice of any such additional or amended terms and conditions by writing or posting at City Bank's official websites or in any manner deemed applicable by CBL.
- 17.2. Such notice may be provided to you either in writing addressed to the last address given by you to CBL's or in the form of a notice displayed at CBL's branches or in the form of a notice displayed at MYCA site or CBL's website, or to your email address or phone number as message or in such other manner as may be prescribed by CBL from time to time.
- 17.3. If you continue to use MYCA, after the effective date of any additional or amended terms and conditions, or where no effective date is specified, after a period of fourteen (14) days upon your receipt of such notice, whether actual or deemed in accordance with Clause 18.2, then you shall be deemed to have accepted such additional or amended terms and conditions and agreed to be bound by the same.
- 17.4. You agree and acknowledge that where the changes or amendments made are necessitated by an immediate need to restore or maintain the security of a transaction on your Account/ MYCA, CBL may proceed with making such changes and amendments without notice to you.
- 18.1. Unless otherwise specified herein to the contrary, all notices and communications by CBL in relation to MYCA may be given by CBL in any one of the manners set out in the Enrollment Form.
- 18.2. All notices and communications to CBL shall unless specified herein, be in writing, signed by you and sent to CBL at CBL's address as specified herein or any other address as may be notified to you from time to time.
- 18.3. Subject to anything herein to the contrary, all notice(s) from you to CBL shall take effect only upon CBL (as the case may be) duly recording the same in its records.
- 19.1. Subject to Clause 19.3, you agree and acknowledge that CBL reserves the sole right and discretion to suspend, terminate or restrict your access to MYCA or any part thereof for any reason, by giving seven (7) days prior notice to you and without any liability whatsoever to you or any other third party for doing so.
- 19.2. Notwithstanding the generality of Clause 19.1, CBL may terminate, suspend or
restrict your access to MYCA immediately upon giving you notice, if:-
- 184.108.40.206. You cease to maintain any Account(s) with CBL which can be accessed via MYCA;
- 220.127.116.11. You breach any term, condition or provision of this Agreement or laid down by any legal, regulatory or other authority or body relevant hereto;
- 18.104.22.168. If you fail to pay any fees or charges when due;
- 22.214.171.124. If you have provided CBL with false or incomplete information for your access to or use of MYCA;
- 126.96.36.199. If you become, threaten or resolve to become or is in jeopardy of becoming subject to any form of insolvency administration; or
- 188.8.131.52. If, in CBL's opinion, it is in the public interest to do so.
- 19.3. You may terminate your access to and use of MYCA or any particular Banking Services at any time, by giving at least fourteen (14) day's prior written notice to CBL. The notification will not be effective until CBL has received your notice, acknowledges it and proceeds to terminate your access to and use of MYCA or the relevant portions thereof.
- 19.4. You agree and acknowledge that termination does not affect your liability or obligations in respect of Instructions received by CBL prior to such termination that have been processed or are being processed by CBL.
- 19.5. You further agree and acknowledge that where an Instruction was received by CBL prior to such termination herein but has not been processed, and your access to MYCA is thereafter terminated, you shall neither hold CBL responsible nor liable for any failure to process the said Instruction.
- 19.6. Any rights and obligations under this Agreement which by their term and sense would survive the termination of this Agreement in any way shall continue to be in full force and effect thereafter.
- 20.1. In addition and without prejudice to any other right or remedy of CBL,
Agreement or otherwise, you shall indemnify and hold CBL harmless from and against any and all
Loss suffered or
incurred by CBL as a result of any of the following:-
- 20.1.1. Any failure by you to comply with any of the terms and conditions of this Agreement; and/or
- 20.1.2. CBL acting in accordance with any Instructions or in any manner pursuant to this Agreement.
- 20.2. You agree and acknowledge that your obligation to indemnify CBL herein shall survive the termination of this Agreement or MYCA.
- 21.1. In addition and without prejudice to any right which CBL may have under law or otherwise, all funds, instruments and other property belonging to you in the possession or control of CBL shall be subject to a general lien in favor of CBL in respect of all sums or other liabilities now or at any time hereafter due, owing or incurred by you to CBL on the Account(s), MYCA or on any of the Banking Services, or otherwise in any manner whatsoever, in any currency, whether actual or contingent, joint or several and CBL may apply the proceeds thereof in settlement of those sums and liabilities.
- 22.1. You agree and acknowledge that your access and use of MYCA from outside of
Bangladesh may be
- 184.108.40.206. exchange control regulations of Bangladesh Bank;
- 220.127.116.11. other fiscal or exchange control requirements of the country where the transaction is effected or requested; and
- 18.104.22.168. Other relevant laws and regulations of Bangladesh and the country where the transaction is effected or requested.
- 22.2. Further, you agree and acknowledge that Bangladesh Bank and the laws and regulations of the country in which the transaction is effected or requested may limit or determine the maximum amount of a particular transaction and the purpose for which such transaction is affected.
Hyperlinks to Third Parties
- 24.1. You agree that your access of this web site and use of the services herein shall at all times be in accordance with all legislation, laws and regulations governing the same and you shall not, at any time whatsoever, attempt or assist any other person to transmit any materials, data, communication and/or information ("Content"), through this web site or services herein, which is abusive, defamatory, infringes another person's rights, constitutes a criminal offence or gives rise to civil liability, encourages racism, promotes hatred, contains pornography or pedophilia, contains any viruses or deleterious files and/or is otherwise objectionable to public morals and decency. You also agree not to hack or attempt to gain unauthorized access into this web site and the services herein, disrupt the security of its resources, provide information, which is inaccurate or false, and/or otherwise abuse and misuse this web site and the services herein. If at any time you discover or suspect the occurrence of any of these activities, you are required to notify us immediately and in failing or delaying to do so, you may also be held liable for the same.
- 24.2. We are not obliged to monitor or review your access of this web site or use of the services herein. However, we may do so from time to time for our own purposes or where we are compelled to do so under this Terms and Conditions. In doing so, we reserve the right to edit or delete any Content which violates any of the provisions in this Terms and Conditions without notice and without any liability whatsoever to you for doing so.
- 24.3. The performance of our obligations under this Terms and Conditions are subject always to existing legislation, laws and regulations governing the same and nothing contained in this Terms and Conditions is in derogation of our rights to comply with and conform to any governmental requests or legal requirements relating to the access of this web site and use of the services herein or in respect of the Content or any portion thereof which is provided to or acquired by us for your use.
Intellectual Property Rights
- 25.1. You hereby agree that the Content including any graphic, text, script, music, sound, photograph, image, art, video and other multimedia work or any combination thereof which is available on our web site and services is at all times protected by copyright, trademarks, service marks, patents and any other applicable intellectual property or proprietary rights, all of which are at all times owned exclusively by us or the relevant third party vendor, advertiser, affiliate or other third person, where applicable.
- 25.2. While you may download one (1) copy of the Content for your personal and non-commercial use (subject to you maintaining all relevant copyright and proprietary notices contained therein intact), you agree that the Content may not otherwise be reproduced, copied, transmitted, published, performed, broadcast, adapted, stored, distributed, disseminated, communicated, displayed, licensed, modified, edited, censored, altered, hyperlinked or used in whole or in part in any manner whatsoever without our prior express consent or that of the relevant third party vendor, advertiser, affiliate or other third person, where applicable, to the same.
- 25.3. Further thereto, you shall not insert a hyperlink on this web site or the services herein or mirror or frame the same or any portion thereof on any other web site(s) or servers.
- 25.4. All rights in this web site, the services herein and the Content which are not expressly granted to you under this Terms and Conditions or otherwise, are at all times expressly reserved by us or the relevant third party vendor, advertiser, affiliate or other third person, where applicable.
- 26.1. All Content which is available on this web site and the services herein are provided on an "as is and as available" basis and are strictly meant for your reference and information only, and shall not, at any time whatsoever, be assumed or deemed to be intended for any business or commercial purposes or to constitute an offer or solicitation and/or the giving of advise in respect of investment, financial or banking services by us. You are therefore advised to obtain independent professional advice at all times and verification of the said Content before making any decisions based on the same.
- 26.2. While we shall use our best efforts to ensure that the Content herein or any portion thereof are, as far as possible, accurate, complete, current and true, you acknowledge and agree that certain Contents transmitted or made available through the web site may be provided by third parties, therefore, we do not warrant the same and further, we expressly disclaim all liability for any errors, omissions or inadequacies in the Content herein or any portion thereof. Further, we do not give any kind of warranty, whether express, implied or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement or freedom from viruses. We also do not warrant that this web site, the services herein and the Content will meet your requirements, be uninterrupted, timely or secure.
- 26.3. You are solely responsible for making your own assessment when accessing and using this web site, the services herein and the Content and you agree that your access and use thereof shall be at all times at your sole risk.
- 26.4. Notwithstanding the generality of this Terms and Conditions, we shall not, at any time whatsoever, be liable to you or any other person for any damage or loss suffered (including all direct, indirect, special or consequential damages, economic loss, loss of profits or loss of opportunity) arising from any interruption or unavailability of this web site, the services herein and/or the Content and/or your access to and use of the same for whatever reason other than a failure in the system where such failure is due to our direct actions, negligence or omission, or where we have been duly informed of its possibility; or from any delay or error in any transmission or communication pertaining to your access and use of this web site, the services herein and the Content.
- 26.5. We reserve the right and sole discretion to modify (including limit, replace or delete) this web site, the services herein and the Content or any portion thereof as well as to terminate or restrict your access and/or use of the same at any time.
Governing Law & Jurisdiction
- 27.1. Notwithstanding from where you gain or attempt to gain access to this web site and/or the services herein, you agree that this Terms and Conditions, your performance and conduct under it, your access to this web site and use of the services herein and/or Content and any disputes arising there under shall, at all times, be governed by and construed in accordance with the laws of Bangladesh. Further, you agree to submit and be bound by the exclusive jurisdiction of the Courts of Bangladesh.