End User Terms for using GP Direct Operator Billing (DOB) Service

The use of Grameenphone Direct Operator Billing (DOB) Services by the Customer shall be subject to acceptance of the terms and conditions of GP DOB Service. The detailed terms of GP DOB Service are described herein below (“Terms”). By using GP DOB Service on any device or application, it shall be deemed that the Customer has read, understood and explicitly agrees to be bound and abide by the terms stated here in addition to the Terms of use as available on GP Website.

Definitions:

1. Grameenphone or GP means Grameenphone Limited.
2. ‘Customer’, means including without limitation of the customer who uses GP’s telecommunication services and any pre-paid or post-paid customer who has subscribed for GP’s mobile services.
3. 'Terms' means these Terms and Conditions for Direct Operator Billing for Third Party App Stores, including any amendments thereto that GP may make from time to time in its discretion.
4. ‘GP DOB Service’ means a form of electronic payment processing where Mobile airtime balance is used as a source of fund with applicable scope and limit permitted by the respective regulatory authorities of Bangladesh. DOB Stands for Direct Operator Billing, whereby Service providers can use Mobile airtime balance as source of fund for payment based on applicable regulation and agreement with respective Mobile Operators. GP DOB Service is applicable for any individual or enterprise customer of Grameenphone including any current or future sub-brands and price plans.
5. ‘Products or Services’ means any digital service or product including any software or program or other electronically consumables that may be consumed by the Customers upon purchasing or subscribing from Applications or web platforms or App stores.
6. ‘App Store’ means the platform including any application mobile or web based independently developed where the Products or Services are available for purchase or subscription by a Service Provider which.
7. 'Service Provider' means a the entity generally a third party who offers Products and Services through its App store to the Customers accepting DOB payment. 
8. ‘Billing on behalf’ means facilitating the sale/purchase of digital product or license or subscription of Service or Application on behalf of the Service Provider through: (a) billing from GP Prepaid mobile airtime balance; or (b) debiting the price from GP Postpaid account, for such sale/purchase of digital product or license or subscription of Service or Application.  
9.  ‘Confidential Information’ means sensitive information like the bank account information, information of any Mobile Wallet account, Debit and Credit Card (Visa, Mastercard etc), one-time pin (OTP), device passcode, account id, password etc.
10. ‘Personal Information’ means information (correctly or not), which may identify, enable contact or locate to a Customer. Personal Information may include Customer’s name, email address, billing address, phone number, credit/debit card information, including name of cardholder, credit/debit card number, issuing bank, country of issuing and expiration date.
11. ‘Equipment or Device’ means any electronic device used for purchasing Products and Services from Appstore by using GP DOB as a source of fund.

Commencement of Billing on Behalf using GP DOB Service

1. Customer shall be deemed to accept these Terms whenever using GP DOB Service on any Equipment or Device and App Store, including but not limited to by clicking a virtual button in any of the Third-Party Service or Application or App store expressly agreeing to the Terms.
2. By agreeing to be bound by the Terms, the Customer represents and warrants that the Customer is legally capable and permitted to avail the GP DOB service.
3. If any person other than the Customer is allowed to access or use any Equipment or Device and App store using GP DOB Service, the Customer shall be solely responsible for (a) Confidentiality of both Confidential and Personal Information, (b) the actions, omissions and defaults of such person in relation to GP DOB service by that person and (c) the bills arising out of using GP DOB service by that person.

Provisions for GP DOB Service:

1. The Customer acknowledges and agrees to accept all the terms and conditions of GP DOB service including any amendments thereto from time to time by GP at its sole discretion.
2. GP reserve the right to change, add or remove any feature or functionality of the GP DOB Service without prior notice. Upon implementation of such changes, continuation of availing GP DOB shall refer to acceptance of the changes by the Customer.
3. By way of providing DOB service, GP shall not assume any responsibility whatsoever for the issues in relation to the App Store(s) or the Products and Services which the Customer intends to purchase or Subscribe.
4. The Customer shall, at her/his own expense, purchase, use and maintain safety and efficient operation of the Equipment(s) or Device(s) necessary for the purpose of accessing the GP DOB Services. GP shall not be responsible for the performance of the Equipment(s) or Device(s) in any manner whatsoever.
5. The Customer shall be solely responsible for any unauthorized and illegal use of GP DOB Service as well as for any unauthorized access to customer’s confidential information using his/her mobile number. The Customer shall have to ensure that the Confidential Information and access to GP DOB service do not become known or come into possession of any unauthorized person. The Customer shall indemnify and hold GP harmless from any losses resulting from any such events.
6. The Customer acknowledges that the App store may have their own terms and conditions to follow which the Customer shall follow accordingly while using that App Store.
7. GP shall neither be responsible nor shall provide any operational or technical support or customer service for the Products and Services or the App Store.
8. GP may suspend or terminate the use of the GP DOB Service if any suspected, unauthorized or fraudulent use of GP DOB Service is noticed or for violation of the applicable regulations.
9. The GP DOB Service is only available to GP customers. Opting out from GP network through Mobile Number Porting or otherwise shall automatically cancel GP DOB Service and the Customer shall no longer be eligible for GP DOB Service. Nevertheless, the Customer shall be responsible for all fees and charges for GP DOB Service he/she already availed prior to such porting.
10. If the customer uses GP DOB Service for any purposes including (a) conduct electronic spamming; (b) perform unlawful or immoral or illegal activities; (d) provide false, incorrect or invalid information for subscribing the App Store that uses GP DOB Service (c) engage in any other inappropriate activities, GP shall have the right to suspend and terminate the service immediately without any notice.
11. The Customer agrees and acknowledges that the Customer shall be solely responsible for maintaining the confidentiality any of his/her Confidential Information which may be required to access any App Store through which payment of GP DOB Services shall be made. In any kind of breach of such information, the Customer shall indemnify and hold harmless GP.
12. The Customer agree and acknowledge that the Customer is solely responsible for any damages resulting out of infringement of GP’s or any third-party’s intellectual property rights by the Customer in connection with use of DOB Service or any other loss incurred due to copying, distributing, redistributing, transmitting, publishing or using GP DOB service  (including any Proprietary Marks) from Customer’s part.

Warranties and Liabilities:

1. The GP DOB Service is provided under “as is” and “as available” basis and GP hereby excludes all conditions, endorsements, guarantees, representations, or warranties of any kind to the fullest extent permitted by applicable law.
2. GP shall not be liable for the quality or performance of App Store and/or Equipment or Device or for information or material accessed through the Billing on Behalf for GP DOB Service.
3. Limited Liabilities: GP shall not be responsible for any of the following cases:

Charges and Payment

1. Prices and charges for App Store and/or contents therein are determined by the Service Provider and are subject to adjustment or applicable taxes or supplementary duties/charges or currency exchange rates.
2. The Customer agrees and acknowledges that by the Customer’s acceptance of charge or prices for the purchase or subscription during the transaction process, the Customer hereby authorizes GP to collect payment from the Customer from: (i) the Customer’s GP Prepaid airtime balance; or (ii) debiting from Customer’s GP Postpaid Account.
3. GP shall deduct from Customer’s mobile airtime balance only based on request from Service Provider who has entered into agreement with GP for offering GP DOB Service to their customers and permit GP to Bill on their behalf. You acknowledge and agree that deduction of your mobile balance using GP DOB service shall mean your explicit consent to the Service provider for consenting GP to perform such Billing on behalf.
4. If the Customer subscribes to a subscription service, the Customer shall be billed in accordance with the subscription frequency and price indicated at the beginning of the service until the Service Provider confirms cancellation of such subscription. It is to note here that, the Customer is required to request cancellation at to the respective service provider.

Refunds

1. For any refund request related to the Products and Services, App Store shall be settled by the respective Service Provider according to their respective Return Policy. GP may facilitate the Customer with refund claims only on the basis of valid request from the respective Service Provider.
2. All purchases and subscription of the App Store are considered final unless:
   1. GP is required otherwise by the local laws and legislation.
   2. Customer’s airtime account has been incorrectly debited during transaction for a Service, in which case the Customer must notify respective Service Provider within 7 days of your purchase of Applications or Service.
3. The Customer agrees and acknowledges that once any payment is made though GP DOB service, that shall be deemed to be that action of the Customer and shall not be refunded in any manner whatsoever unless otherwise communicated by the respective Service Provider of the App Store.

Personal Information and Privacy

1. GP shall comply with all applicable data protection laws, and will not use any Personal Information other than as required to fulfil GP’s obligations in connection with the purchase or subscription of the App Store.
2. The Customer hereby grant GP with his/her Confidential and Personal Information to (a) being collected (b) used (c) processed (d) transmitted and/or (e) disclosed, by Service provider or GP for the purpose of providing the Billing on Behalf through GP DOB Service under these Terms.
3. The Customer hereby grant GP to access your Personal Information in order for the service provider to be able to process such information as necessary as prescribed by law for the benefit of operation, improvement and/or management of GP DOB Service and/or telecommunication business and/or provision of telecommunication service and/or offering any other relevant service including analysis and determination of any personalized marketing plan and activity as well as co-provision of service with any person as GP deems suitable, appropriate under relevant Laws.
4. The Customer acknowledge that your Personal Information shared with GP will be processed in accordance with GP’s Privacy Policy. The Customer also acknowledges and agrees that many Service Providers are based outside of Bangladesh, therefore GP cannot guarantee they follow the same due diligence with regards to personal information as GP. GP requires that Service Providers post clear information about data collection practices as part of their own privacy policies.     
5. The Customer Acknowledges and Agrees that the Confidential and Personal information may be shared without any notice with the Law Enforcement Agencies or any other Authorized Personnel as per the requirement of the laws of the land.  
6. The Customer agrees and acknowledges that GP may share your transaction and purchase information including the Confidential and Personal Information to any regulatory authority of Bangladesh as and when required in connection to the GP DOB Service without any notice.

General

1. If any of the terms contained in this Agreement are held to be invalid or unenforceable in whole or in part, the invalid or unenforceable wording shall be deemed omitted without affecting or impairing the validity and enforceability of the rest of the Agreement.
2. GP shall have the right to transfer and assign this Agreement at any time.
3. Failure by either party to exercise or enforce any right conferred by these Terms against the other party shall not be or be deemed to be a waiver of any such right or in any way prejudice any right of that party under these Terms.
4. Nothing in this Agreement shall create, or be deemed to create, the relationship of principal and agent or a joint venture or partnership between the parties.
5. The Customer agrees to indemnify GP for any and all losses, costs, damages, claims, expenses, actions and proceedings whatsoever arising from: (a) the use of the GP DOB Service; or (b) breach of any provision of these Terms.
6. The Customer shall not transfer pre-payments or any of your rights and responsibilities under this Agreement.
7. These Terms shall be governed by the law of Bangladesh.