Acceptance
By registering on, accessing, browsing, downloading or using
the BP Pay Platform for any general purpose or for the
specific purpose of availing any BP Pay Service, You agree
to be bound by the terms and conditions set forth below as
well as by the service-specific terms and conditions
applicable to each BP Pay Service (hereinafter collectively,
the T&Cs). These T&Cs shall also include any additional or
modified terms and conditions in relation to the SSOID or
any additional or modified service-specific terms and
conditions in relation to any BP Pay Service or any future
service that may be offered by BP Pay on the BP Pay
Platform. By registering on, accessing, browsing,
downloading or using (as applicable) the BP Pay Platform or
availing any BP Pay Service or the SSOID, You automatically
and immediately agree to all the T&Cs. If at any time you do
not accept or agree with any of the T&Cs or do not wish to
be bound by the T&Cs, You may not access, browse or use the
BP Pay Platform and immediately terminate your availing the
BP Pay Services. Accepting or agreeing to the T&Cs will
constitute a legal contract (hereinafter Agreement) between
You, being at least 16 years of age and an individual user
of the BP Pay Platform or a customer or beneficiary of the
BP Pay Services, and BP Pay. All services are rendered by BP
Pay through the BP Pay Platform under the brand name “BP
Pay” (or any derivatives or variations thereof).
Consequently, all the rights, benefits, liabilities and
obligations under the T&Cs shall, as the case may be, accrue
to the benefit of, or incurred by, BP Pay, regarding Your
use of BP Pay’s digital services (which includes but may not
be limited to prepaid recharge, online payment), the semi
closed wallet service, the marketplace service or any such
other services which may be added on the BP Pay Platform and
which will henceforth be a BP Pay Service, from time to
time. The BP Pay Services shall be used by you subject to
your adherence with the T&Cs. As long as you accept and
comply with these T&Cs, BP Pay grants you a personal,
non-exclusive, non-transferable, limited, revocable
privilege to enter and use the BP Pay Platform and/or avail
the BP Pay Services.
Eligibility
The BP Pay Services are not available to persons under the
age of 16 or to anyone previously suspended or removed by BP
Pay from availing the BP Pay Services or accessing the BP
Pay Platform. By accepting the T&Cs or by otherwise using
the BP Pay Services on the BP Pay Platform, You represent
that You are at least 16 years of age and have not been
previously suspended or removed by BP Pay, or disqualified
for any other reason, from availing the BP Pay Services or
using the BP Pay Platform. In addition, you represent and
warrant that you have the right, authority and capacity to
enter into this Agreement and to abide by all the T&Cs as
part of this Agreement. Finally, you shall not impersonate
any person or entity, or falsely state or otherwise
misrepresent your identity, age or affiliation with any
person or entity. Finally, in the event of any violation of
the T&Cs, BP Pay reserves the right to suspend or
permanently prevent you from availing BP Pay Services or
using the BP Pay Platform.
Other Terms and Conditions
Additional terms and conditions may apply in order for You
to avail specific BP Pay Services and to specific portions
or features of the BP Pay Platform, including contests,
promotions or other similar features, all of which terms are
made a part of these T&Cs by this reference. You agree to
abide by such other terms and conditions, including where
applicable representing that you are of sufficient legal age
to use or participate in such service or feature. If there
is a conflict between these T&Cs and the terms posted for or
applicable to a specific portion of the BP Pay Platform or
for any BP Pay Service offered on or through the BP Pay
Platform, the latter terms shall control with respect to
Your use of that portion of the BP Pay Platform or the
specific BP Pay Service. BP Pay may make changes to any BP
Pay Services offered on the BP Pay Platform, or to the
applicable terms for any such BP Pay Services, at any time,
without notice. The materials on the BP Pay Platform with
respect to the BP Pay Services may be out of date, and BP
Pay makes no commitment to update the materials on the BP
Pay Platform with respect to such BP Pay Services. The
following terms also govern and apply to your use of the BP
Pay Platform.
SSOID Service, Participating Platforms
BP Pay’s SSOID service offers You the convenience, after a
one-time registration any BP Pay Platform, to sign on (log
in) to all web pages and online platforms operated by BP Pay
or its affiliates (hereinafter the Participating Platforms)
with single log-in access / data, without going through a
separate registration process every time. After successfully
registering for the SSOID Service, the user can log-in via
each Participating Platform with his SSOID access
credentials. Moreover, if already logged in to one of the
Participating Platforms, the user can immediately use all
other Participating Platforms without additional log-in
procedures (subject to the respective Participating Platform
requiring further declarations). The Participating Platforms
that offer the SSOID as a login feature, are visible on
registration and in the user account. The number of
Participating Platforms may also vary in the course of time.
With regard to the contractual relationships of the users
with the respective Participating Platforms, for the
purposes of which BP Pay’s SSOID service is or can be used
in accordance with these T&Cs, these can alternatively have
their own commercial and user terms and conditions. These
business or user terms and conditions are available on the
respective Participating Platforms. For the respective
contents of the Participating Platforms, the respective
affiliate of BP Pay is solely responsible only for those
content that it actually operates. For the SSOID service,
these T&Cs apply exclusively, whereas for the use of the
Participating Platforms, their business and user terms and
conditions apply along with these T&Cs. The SSOID shall be
owned and operated by Blue Planet for use on all
Participating Platforms. For the use of BP Pay’s SSOID
service, the user must register. Registration as a user is
only allowed if the user meets the eligibility criteria as
set out in these T&Cs. Each user can set up only one user
account. The user is obliged to provide correct and complete
information during the registration and use of the SSOID
service. The login data is intended solely for personal use
by the user and therefore always to be kept secret and safe.
The user is not entitled to share his login details with
third parties to use the SSOID service or to disclose them
otherwise. The user is obliged to inform BP Pay immediately
on becoming aware of and/or suspecting a case of any
unauthorized use, disclosure and/or misuse of their access
data or of their user account. Furthermore, the user is
obliged not to use the user account of another person.
Submission of the duly completed registration form by the
user simply provides invitation to us to make an offer to
enter into the agreement on the use of our SSOID service
(hereinafter the SSOID Agreement). Our offer for the
conclusion of the SSOID Agreement is then effected by the
fact that BP Pay sends the user a confirmation by e mail, in
which a confirmation link is included next to the user name
and the password for the SSOID Service. By the user clicking
on this confirmation link, the user accepts BP Pay’s offer,
so that in this way the SSOID Agreement enters into force.
Conclusion of the SSOID Agreement may, also be effected
through other communication modes and following such
processes which help achieve the same purpose as the
aforementioned e-mail confirmation process. BP Pay is
entitled to reject individual users without giving reasons.
The user guarantees that the data submitted for their user
account (and any other information that is otherwise left
for BP Pay) are in all respects complete, true, accurate and
not misleading. Any changes to user’s data should be
promptly updated correctly in its account.
Communication Policy
By accepting the T&Cs, You accept the following:
- BP Pay may send alerts to the mobile phone number
provided by You while registering with the BP Pay
Platform for the SSOID service or on any updated
mobile number subsequently provided by You on the BP
Pay Platform, or via e-mail or push notifications.
The alerts will be received in case of SMS, only if
the mobile phone is in ‘On’ mode to receive the SMS,
in case of e-mail, only if the e-mail servers and
e-mail ids are functional, and in case of push
notifications, if the user has enabled the receipt
of such notifications. If the mobile phone is in
‘Off’ mode or if the e-mail servers or ids are not
functional or if the push-notifications feature has
been turned off, then You may not get the alert at
all or get delayed messages. BP Pay is a related
third party payment aggregation platform. BP pay has
the permission to use the transaction data through
the platform in further upcoming marketing,
promotion and other campaign and projects.
- BP Pay will make best efforts to provide alerts via
SMS/e-mail/push notifications and it shall be deemed
that You shall have received the information sent
from BP Pay as an alert on the mobile phone number
or e-mail id provided during the course of, or in
relation to, using the BP Pay Platform or availing
any BP Pay Services. BP Pay shall not be under any
obligation to confirm the authenticity of the
person(s) receiving the alert. You cannot hold BP
Pay liable for non-availability of the SMS/email
alert/push notifications service in any manner
whatsoever.
- The SMS/e-mail alert/push notification service
provided by BP Pay is an additional facility
provided for your convenience and that it may be
susceptible to error, omission and/or inaccuracy. In
the event that you observe any error in the
information provided in the alert, BP Pay shall be
immediately informed about the same by you and BP
Pay will make best possible efforts to rectify the
error as early as possible. You shall not hold BP
Pay liable for any loss, damages, claim, expense
including legal cost that may be incurred/suffered
by You on account of the SMS/e-mail alert/push
notification facility.
- The clarity, readability, accuracy and promptness of
providing the SMS/e-mail alert/push notification
service depend on many factors including the
infrastructure and connectivity of the service
provider. BP Pay shall not be responsible for any
non-delivery, delayed delivery or distortion of the
alert in any way whatsoever.
- You will indemnify and hold harmless BP Pay and the
SMS/e-mail service provider including its officials
from any damages, claims, demands, proceedings,
losses, costs, charges and expenses whatsoever
including legal charges and attorney’s fees which BP
Pay or the SMS/e-mail service provider may at any
time incur, sustain, suffer or be subjected to as a
consequence of, or arising out of, any of the
following: (i) misuse by You or improper or
fraudulent information provided by You; (ii)
incorrect number or a number that belongs to an
unrelated third party provided by You; and/or (iii)
the customer receiving any message relating to the
reservation number, travel itinerary information,
booking confirmation, modification to a ticket,
cancellation of ticket, change in bus schedule,
delay, and/or rescheduling from BP Pay and/or the
SMS/e-mail service provider.
Use of BP Pay Platform
You understand that except for information, products or
services clearly indicated as being supplied by BP Pay, we
do not operate, control, or endorse any information,
products or services on the Internet in anyway. You also
understand that BP Pay cannot and does not guarantee or
warrant that files available for download through the BP Pay
Platform will be free of viruses, worms or other code that
may be damaging. You are responsible for implementing
procedures to satisfy your particular requirements of
Internet security and for accuracy of data input and output.
Prohibited Conduct
By accessing or using the BP Pay Platform or by availing BP
Pay Services, You agree not to:
- violate the T&Cs;
- impersonate any person or entity, falsely claim or
otherwise misrepresent Your affiliation with any
person or entity, or access the accounts of others
without permission, forge another person’s digital
signature, misrepresent the source, identity, or
content of information transmitted via the BP Pay
Services, perform any other similar fraudulent
activity or otherwise avail BP Pay Services with
what we reasonably believe to be potentially
fraudulent funds;
- infringe our or any third party’s intellectual
property rights, rights of publicity or privacy;
- use the BP Pay Services if You are under the age of
16 years without a parental sponsor or, in any
event, use the BP Pay Services if You are under the
age of 13 years old even with a parental sponsor and
in accordance with applicable law;
- post or transmit any message which is libelous,
defamatory or which discloses private or personal
matters concerning any person;
- post or transmit any message, data, image or program
which is pornographic, vulgar or offensive in
nature;
- refuse to cooperate in an investigation or provide
confirmation of Your identity or any other
information provide by You to BP Pay;
- remove, circumvent, disable, damage or otherwise
interfere with security-related features of the BP
Pay Services and the BP Pay Platform or features
that enforce limitations on the use of the BP Pay
Services or the BP Pay Platform;
- reverse engineer, decompile, disassemble or
otherwise attempt to discover the source code of as
regards BP Pay Services or BP Pay Platform or any
part thereof, except and only to the extent this is
expressly permissible by applicable law;
- use the BP Pay Services or the BP Pay Platform in
any manner that could damage, disable, overburden,
or impair it, including, without limitation, using
the BP Pay Services or the BP Pay Platform in an
automated manner;
- modify, adapt, translate or create derivative works
based upon the BP Pay Services and the BP Pay
Platform or any part thereof, except and only to the
extent that that this is permissible by applicable
law;
- intentionally interfere with or damage operation of
the BP Pay Services or the BP Pay Platform or any
other user’s enjoyment of it, by any means,
including uploading or otherwise disseminating
viruses, adware, spyware, worms, or other malicious
code or file with contaminating or destructive
features;
- interfere or disrupt the BP Pay Platform or networks
connected to the BP Pay Platform;
- take any action that imposes an unreasonably or
disproportionately large load on BP Pay’s
infrastructure/network;
- use any device, software or routine to bypass the BP
Pay Platform’s robot exclusion headers, or interfere
or attempt to interfere, with the BP Pay Services;
- forge headers or manipulate identifiers or other
data in order to disguise the origin of any content
transmitted through the BP Pay Platform or to
manipulate Your presence on the BP Pay Platform;
- sell the BP Pay Services, information, or software
associated with or derived from it;
- use the facilities and capabilities of the BP Pay
Platform to conduct any activity or solicit the
performance of any illegal activity or other
activity which infringes the rights of others;
- breach this Agreement, the SSOID Agreement or any
other agreement or policy as may be applicable
pursuant to the T&Cs;
- provide false, inaccurate or misleading information;
- use the BP Pay Platform to collect or obtain
personal information, including without limitation,
financial information, about other users of the BP
Pay Platform, except and only as expressly provided
in the T&Cs;
- avail BP Pay Services with what BP Pay reasonably
believes to be potentially fraudulent funds;
- use the BP Pay Services in a manner that results in
or may result in complaints, disputes, reversals,
chargebacks, fees, fines, penalties and other
liability to BP Pay, or You;
- use the BP Pay Services in a manner that BP Pay or
any payment card network reasonably believe to be an
abuse of the payment card system or a violation of
payment card network rules;
- take any action that may cause BP Pay to lose any of
the BP Pay Services from its service providers or
lose any of its recharge partners or business
partners, including mobile operators or telecom
companies, payment processors or other suppliers;
- Send automated request of any kind to the BP Pay
Platform without express permission in advance from
BP Pay.
Termination; Agreement Violations
You agree that BP Pay, in its sole discretion, for any or no
reason, and without penalty, may suspend or terminate Your
account (or any part thereof) or Your use of the BP Pay
Services/BP Pay Platform and remove and discard on the BP
Pay Platform all or any part of Your account, Your user
profile, or Your recipient profile, including Your SSOID, at
any time. BP Pay may also in its sole discretion and at any
time discontinue providing access to the BP Pay Services, or
any part thereof, with or without notice. You agree that any
termination of your access to the BP Pay Services/BP Pay
Platform or any account you may have or portion thereof may
be effected without prior notice, and you agree that BP Pay
will not be liable to you or any third party for any such
termination or interruption. Any suspected fraudulent,
abusive or illegal activity may be referred to appropriate
law enforcement authorities. These remedies are in addition
to any other remedies BP Pay may have at law or in equity.
Upon termination for any reason, you agree to immediately
stop using the BP Pay Services/BP Pay Platform.
Limitation of Liability and Damages
In no event, BP Pay or its contractors, agents, licensors,
partners or suppliers will be liable to You for any special,
indirect, incidental, consequential, punitive, reliance, or
exemplary damages (including without limitation lost
business opportunities, lost revenues, or loss of
anticipated profits or any other pecuniary or non-pecuniary
loss or damage of any nature whatsoever) arising out of or
relating to: (I) this Agreement; (ii) the SSOID Agreement;
(iii) the BP Pay Services, the BP Pay Platform or any
reference site/app/platform/service; or (iv) Your use or
inability to use the BP Pay Services, the BP Pay Platform
(including any and all materials) or any reference
sites/app/platform/service, even if BP Pay or a BP Pay
authorized representative has been advised of the
possibility of such damages. In no event, BP Pay directors,
employees, agents, will be liable to You for any damages,
liabilities, losses, and causes of action arising out of or
relating to: (I) this Agreement; (ii) the SSOID Agreement;
(iii) the BP Pay Services, the BP Pay Platform or any
reference site/app/platform/service; or (iv) Your use or
inability to use the BP Pay services, the BP Pay Platform
(including any and all materials) or any reference
sites/app/platform/service; or (v) any other interactions
with BP Pay, however caused and whether arising in contract,
tort including negligence, warranty or otherwise, beyond or
in excess of the amount paid by You, if any, for using the
portion of the BP Pay Service or the BP Pay Platform giving
rise to the cause of action. You acknowledge and agree that
BP Pay has offered its products and services, set its
prices, and entered into this Agreement in reliance upon the
warranty disclaimers and the limitations of liability set
forth herein, that the warranty disclaimers and the
limitations of liability set forth herein reflect a
reasonable and fair allocation of risk between You and BP
Pay, and that the warranty disclaimers and the limitations
of liability set forth herein form an essential basis of the
bargain between You and BP Pay. BP Pay would not be able to
provide the services to you on an economically reasonable
basis without these limitations. Applicable law may not
completely allow the limitation or exclusion of liability or
incidental or consequential damages, so the above
limitations or exclusions will apply to you subject to
applicable law. In such cases, BP Pay’s liability will be
limited to the fullest extent permitted by applicable law.
This paragraph shall survive the termination of this
Agreement.
Indemnification
You agree to indemnify, save, and hold BP Pay, its
affiliates, employees, officers, directors, , and partners
harmless from any and all claims, losses, damages, and
liabilities, costs and expenses, including without
limitation legal fees and expenses, arising out of or
related to: (i) Your use or misuse of the BP Pay Services or
of the BP Pay Platform; (ii) any violation by You of this
Agreement or the SSOID Agreement; or (iii) any breach of the
representations, warranties, and covenants made by You
herein. BP Pay reserves the right, at your expense, to
assume the exclusive defense and control of any matter for
which you are required to indemnify BP Pay, including rights
to settle, and you agree to cooperate with BP Pay’s defense
and settlement of these claims. BP Pay will use reasonable
efforts to notify you of any claim, action, or proceeding
brought by a third party that is subject to the foregoing
indemnification upon becoming aware of it. This paragraph
shall survive termination of this Agreement.
Disclaimer; No Warranties
To the fullest extent permissible pursuant to applicable
law, BP Pay and its third-party partners, disclaim all
warranties or guarantees – whether statutory, express or
implied – including, but not limited to, implied warranties
of merchantability, fitness for a particular purpose, and
non-infringement of proprietary rights. No advice or
information, whether oral or written, obtained by You from
BP Pay or through the BP Pay Services or the BP Pay Platform
will create any warranty or guarantee other than those
expressly stated herein. For the purposes of this
Disclaimer, You expressly acknowledge that as used in this
section, the term “BP Pay” includes BP Pay’s officers,
directors, employees, You acknowledge that BP Pay is a
reseller of mobile recharges and is not liable for any third
party (telecom companies, mobile operators or suppliers)
obligations due to rates, quality and all other instances,
whether to any such telecom companies’ subscribers or
otherwise. You expressly agree that use of the BP Pay
Services on the BP Pay Platform is at your sole risk. It is
your responsibility to evaluate the accuracy, completeness
and usefulness of all opinions, advice, services,
merchandise and other information provided through the site
or on the Internet generally. BP Pay does not warrant that
the BP Pay Services will be uninterrupted or error-free or
that defects in the site will be corrected. The BP Pay
Services and the BP Pay Platform and any data, information,
third party software, reference sites, services, or software
made available in conjunction with or through the services
and the site are provided on an “as is” and “as available,”
“with all faults” basis and without warranties or
representations of any kind either express or implied. BP
Pay, and its partners do not warrant that the data, BP Pay
software, functions, or any other information offered on or
through the BP Pay Services/BP Pay Platform or any reference
sites/platforms/apps/services will be uninterrupted, or free
of errors, viruses or other harmful components and do not
warrant that any of the foregoing will be corrected. BP Pay
and its licensors, and partners do not warrant or make any
representations regarding the use or the results of the use
of the BP Pay Services/BP Pay Platform or any reference
sites/platforms/apps/services in terms of correctness,
accuracy, reliability, or otherwise. You understand and
agree that You use, access, download, or otherwise obtain
information, materials, or data through the BP Pay
Services/BP Pay Platform or any reference
sites/platforms/apps/services at Your own discretion and
risk and that You will be solely responsible for any damage
to Your property (including Your computer system and mobile
device or any other equipment) or loss of data that results
from the download or use of such material or data. We do not
authorize anyone to make any warranty on our behalf and you
should not rely on any such statement. This paragraph shall
survive termination of this Agreement. In no event will BP
Pay be liable for any incidental, consequential, or indirect
damages (including, but not limited to, damages for loss of
profits, business interruption, loss of programs or
information, and the like) arising out of the use of or
inability to use the BP Pay Platform.
Ownership; Proprietary Rights
The BP Pay Services and the BP Pay Platform are owned and
operated by BP Pay. The visual interfaces, graphics, design,
compilation, information, computer code (including source
code and object code), products, software, services, and all
other elements of the BP Pay Services and the BP Pay
Platform provided by BP Pay (hereafter Materials) are
protected by Myanmar copyright, trade dress, patent, and
trademark laws, international conventions, and all other
relevant intellectual property and proprietary rights, and
applicable laws. As between You and BP Pay, all Materials,
trademarks, service marks, and trade names contained on the
BP Pay Platform are the property of BP Pay. You agree not to
remove, obscure, or alter BP Pay or any third party’s
copyright, patent, trademark, or other proprietary rights
notices affixed to or contained within or accessed in
conjunction with or through the BP Pay Services/BP Pay
Platform. Except as expressly authorized by BP Pay, You
agree not to sell, license, distribute, copy, modify,
publicly perform or display, transmit, publish, edit, adapt,
create derivative works from, or otherwise make unauthorized
use of the Materials. BP Pay reserves all rights not
expressly granted in this Agreement. If you have comments
regarding the BP Pay Services and/or the BP Pay Platform or
ideas on how to improve it, please contact customer service.
Please note that by doing so, you hereby irrevocably assign
to BP Pay, and shall assign to BP Pay, all rights, title and
interests in and to all ideas and suggestions and any and
all worldwide intellectual property rights associated
therewith. You agree to perform such acts and execute such
documents as may be reasonably necessary to perfect the
foregoing rights.
Modification of this Agreement
BP Pay reserves the right to change, modify, add, or remove
portions of this Agreement (each, a change and
collectively, changes) at any time by posting notification
on the BP Pay Platform or otherwise communicating the
notification to you. The changes will become effective, and
shall be deemed accepted by you, 24 hours after the initial
posting and shall apply immediately on a going-forward basis
with respect to your use of the BP Pay Platform, availing
the BP Pay Services or for payment transactions initiated
after the posting date. If you do not agree with any such
change, your sole and exclusive remedy is to terminate your
use of the BP Pay Services/BP Pay Platform. For certain
changes, BP Pay may be required under applicable law to give
you advance notice, and BP Pay will comply with such
requirements. Your continued use of the BP Pay Platform
following the posting of changes will mean that you accept
and agree to the changes.
Notice
BP Pay may provide you with notices and communications by
e-mail, SMS, push notifications, regular mail or postings on
the BP Pay Platform or by any other reasonable means. Except
as otherwise set forth herein, notice to BP Pay must be sent
by courier or registered mail to Blue Planet.
Waiver
The failure of BP Pay to exercise or enforce any right or
provision of this Agreement will not constitute a waiver of
such right or provision. Any waiver of any provision of this
Agreement will be effective only if in writing and signed by
BP Pay.
Dispute Resolution
If any dispute, controversy or claim arises under this
Agreement or in relation to any BP Pay Service or the BP Pay
Platform, including any question regarding the existence,
validity or termination of this Agreement or T&Cs
(hereinafter Dispute), the parties shall use all reasonable
endeavors to resolve such Dispute amicably. If the parties
are unable to resolve the Dispute amicably within 30 days of
the notice of such Dispute, BP Pay may elect to resolve any
Dispute by a binding arbitration in accordance with the
provisions of the Myanmar Arbitration & Conciliation Act,
1996 (hereinafter Act). Such Dispute shall be arbitrated on
an individual basis and shall not be consolidated in any
arbitration with any claim or controversy of any other
party. The Dispute shall be resolved by a sole arbitrator,
appointed in accordance with the Act. The seat of the
arbitration shall be Yangon and the language of this
arbitration shall be English. Either You or BP Pay may seek
any interim or preliminary relief from a court of competent
jurisdiction in Yangon necessary to protect the rights or
the property belonging to you or BP Pay (or any of our
agents, suppliers, and subcontractors), pending the
completion of arbitration. Any arbitration shall be
confidential, and neither you nor BP Pay may disclose the
existence, content or results of any arbitration, except as
may be required by law or for purposes of enforcing the
arbitration award. All administrative fees and expenses of
arbitration will be divided equally between you and BP Pay.
In all arbitrations, each party will bear the expense of its
own lawyers and preparation. This paragraph shall survive
termination of this Agreement.
Governing Law and Forum for Disputes
Subject to the Dispute Resolution section above, you agree
that any claim or dispute you may have against BP Pay must
be resolved by a court having jurisdiction in Yangon,
Myanmar. You agree to submit to the personal jurisdiction of
the courts located within Yangon, Myanmar, for the purpose
of litigating all such claims or disputes. This Agreement
shall be governed by Myanmar law. This paragraph shall
survive termination of this Agreement.
Severability
If any provision of this Agreement is held to be unlawful,
void, invalid or otherwise unenforceable, then that
provision will be limited or eliminated from this Agreement
to the minimum extent required, and the remaining provisions
will remain valid and enforceable.
Survival
Upon termination of this Agreement, any provision which, by
its nature or express terms should survive, will survive
such termination or expiration as applied to transfers and
relationship prior to such termination or expiration.
Headings
The heading references herein are for convenience purposes
only and they do not constitute a part of these T&Cs and
will not be deemed to limit or affect any of the provisions
hereof.
Entire Agreement
This Agreement is the entire agreement between You and BP
Pay relating to the subject matter hereof and this Agreement
will not be modified except by a change to this Agreement
made by BP Pay in accordance with the terms of this
Agreement.
Bill Payments and Digital Products Terms & Conditions
Please read the following terms and conditions carefully
before registering on, accessing, browsing, downloading or
using the BP Pay website located at BP Pay.com, and all
associated sites linked to BP Pay.com, or the BP Pay mobile
application or any similar platform (hereinafter
collectively, the BP Pay Platform) run by Blue Planet
Communications Limited, having its registered office at
No.148 Corner of Pyay Road and A-One Street, Mayangone
Township, Yangon, Myanmar – (hereinafter collectively, Blue
Planet or BP Pay) on any device and/or before availing any
travel, recharge or bill payment or digital products related
services offered by BP Pay on the BP Pay Platform
(hereinafter, individually BP Pay Digital Service and
collectively, the BP Pay Digital Services).
Eligibility
The BP Pay Digital Services are not available to persons
under the age of 16 or to anyone previously suspended or
removed by BP Pay from availing the BP Pay Digital Services
or accessing the BP Pay Platform. By accepting the T&Cs or
by otherwise using the BP Pay Digital Services on the BP Pay
Platform, You represent that You are at least 16 years of
age and have not been previously suspended or removed by BP
Pay, or disqualified for any other reason, from availing the
BP Pay Bill Payment and Digital Goods Services or using the
BP Pay Platform. In addition, you represent and warrant that
you have the right, authority and capacity to enter into
this Agreement and to abide by all the T&Cs as part of this
Agreement. Finally, you shall not impersonate any person or
entity, or falsely state or otherwise misrepresent your
identity, age or affiliation with any person or entity.
Finally, in the event of any violation of the T&Cs, BP Pay
reserves the right to suspend or permanently prevent you
from availing BP Pay Digital Services or using the BP Pay
Platform.
Digital Services
BP Pay facilitates the payment of certain bills through the
BP Pay Platform with respect to certain services offered by
BP Pay business partners who have partnered with BP Pay to
enable their bills to be paid through the BP Pay Platform.
Please see the relevant links on the BP Pay Platform for
more information on BP Pay’s bill payment service. Further,
BP Pay also offers certain digital products which facilitate
the purchase of prepaid recharges for mobile, DTH, toll and
data card as well as purchase of movie tickets, bus tickets,
hotel reservations, flight tickets and purchase of tickets
to amusement or theme parks, etc. Other digital products
available on the BP Pay Platform also include coupon
redemption services. The terms and conditions in relation to
bill payments and digital products are set out below. The
terms and conditions in relation to bill payments and
digital products set out below are applicable to and binding
on you in conjunction with the SSOID terms and conditions
already accepted by you. Each SSOID term or condition is
applicable to and binding on you, or any of your activities
on the BP Pay Platform, even if such term or condition is
not specifically reproduced herein below. The terms
‘Agreement’ or ‘T&Cs’ mentioned herein below includes the
terms and conditions in relation to bill payments and
digital products set out below and the SSOID terms and
conditions as well as other service-specific terms and
conditions in relation to BP Pay Services or BP Pay
Platform.
BP Pay Recharges
BP Pay is only a reseller of digital products. BP Pay does
not provide mobile operator services and is only a reseller
of prepaid mobile recharge services which are ultimately
provided by telecommunications service providers
(hereafter Telco or Telcos) or by other distributors or
aggregators of such Telcos. BP Pay is not a warrantor,
insurer, or guarantor of the services to be provided by the
Telcos. Prepaid mobile recharge sold by BP Pay to you is
sold without recourse against BP Pay for any breach of
contract by the Telcos. Any disputes regarding the quality,
minutes provided, cost, expiration, or other terms of the
mobile prepaid recharge purchased must be handled directly
between You (or the recipient of the recharge) and the
Telco. The terms and conditions set out in this section are
applicable, mutatis mutandis, to other prepaid recharge
products available on the BP Pay Platform including prepaid
recharges in relation to DTH, data card and toll tags as
well as to other prepaid recharge products that may be
offered on the BP Pay Platform. BP Pay will not be
responsible for any failure on the part of any of its
recharge partners in effecting a recharge.
Refund Policy
All sales of prepaid recharge on the BP Pay Platform are
final with no refund or exchange permitted. You are
responsible for the mobile number for which you purchase the
prepaid recharge and all charges that result from those
purchases. You are also responsible for the information
relating to data card and toll-tag recharge and all charges
that result from those purchases. BP Pay is not responsible
for any purchase of prepaid recharge for an incorrect mobile
number or incorrect toll or data card information. However,
if in a transaction performed by You on the BP Pay Platform,
money has been charged to Your card or bank account and a
recharge is not delivered within 24 hours of the completion
of the transaction, then You shall inform us by sending an e
mail to our customer services e mail address mentioned on
the ‘Contact Us’ page on the BP Pay Platform. Please include
in the e-mail the following details – the mobile number,
operator name, recharge value, transaction date and order
number. BP Pay will investigate the incident and, if it is
found that money was indeed charged to your card or bank
account without delivery of the recharge, then you will be
refunded the money within 21 working days from the date of
receipt of your e mail. All refunds will be credited to your
semi- closed wallet. You can trigger a request in Your BP
Pay wallet to transfer the money from Your BP Pay wallet
back to source. It will take 3-21 working days for the money
to show in your bank account depending on your bank’s
policy.
Bill Payments
In order to use the bill payments service or any other BP
Pay Service, You will need to obtain access to the World
Wide Web or the Internet, either on a computer or on any
other device that can access web-based content, and You will
also need to pay any service fees associated with such
access. In addition, you must have all equipment necessary
to make such connection to the World Wide Web or the
Internet, including a computer and a modem or any other set
of access devices. BP Pay and/or the BP Pay business partner
(including BP Pay’s bill payment partners) reserve the right
to charge and recover from you, such fees for availing the
service as the case may be. These charges shall be effective
from the time when they are posted on the BP Pay Platform or
on the BP Pay business partner’s channel/portal/website
through which you are availing the specific service. You are
bound by such revisions and should therefore visit the BP
Pay Platform or check with the BP Pay business partner’s
channel/portal/website through which you are availing the
specific service in order to review the applicable fees
which may vary from time to time. In the event that you stop
or seek a reversal of the payment instructions as may have
been submitted, BP Pay shall be entitled to charge and
recover from you and you shall be liable to pay such charges
to the bill payment service provider as may be decided by BP
Pay. These charges shall be charged on to your designated
payment account or in any other manner as may be decided by
BP Pay. BP Pay offers a convenient and secure way to make
payments towards identified biller(s) using a valid payment
account. Depending upon the BP Pay business partner through
whom the specific service is availed by You (i) the specific
features of the service may differ; (ii) the number of
billers available over the service may differ; (iii) the
type and range of payment accounts that can be used to issue
a payment instructions may differ; (iv) the modes/devices
over which the service can be accessed may differ; and (v)
the charges, fees for availing the service or any aspect of
the service may differ. Specific details related to these
aspects would be available with the BP Pay business partner
on their channel/portal/website over which the service is
being availed. From time to time, BP Pay, at its sole
discretion, can add to or delete from such list of billers
or types of payment accounts that can be used in respect of
making payments to a biller. The type and range of payment
accounts that can be used for making payments may differ for
each biller depending on biller specifications. There may be
additional fees/charge when using certain types of payment
accounts in respect of a biller. The terms upon which a
payment can be made to a biller can differ depending on
whether a card or a bank account is used to issue the
payment instruction. Further, depending on the specific
facilities allowed by a BP Pay business partner, payments to
a biller can be made either (a) by issuing a payment
instruction for an online debit/charge to a payment account
or (b) by scheduling an automated debit to a payment
account. In using the bill payment service, you agree to:
- provide true, accurate, current and complete
information about Yourself (“Registration Data”),
Your payment account details (“Payment Data”), Your
biller details (“Biller Data”); and
- Maintain and promptly update the Registration Data,
Payment Data and Biller Data to keep it true,
accurate, current and complete at all times. If You
provide any information that is untrue, inaccurate,
not current or incomplete, or BP Pay has reasonable
grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, BP Pay has
the right to suspend or terminate Your account and
refuse any and all current or future use of the BP
Pay Services/BP Pay Platform (or any portion
thereof). The term biller includes telecom
operators.
BP Pay assumes no responsibility and shall incur no
liability if it is unable to affect any payment
instruction(s) on the payment date owing to any one
or more of the following circumstances:
- If the payment instruction(s) issued by You is/are
incomplete, inaccurate, invalid and delayed;
- If Your bank or the National Clearing Centre refuses
or delays honoring the payment instruction(s);
- If payment is not processed by biller upon receipt;
- Circumstances beyond the control of BP Pay
(including, but not limited to, fire, flood, natural
disasters, bank strikes, power failure, systems
failure like computer or telephone lines breakdown
due to an unforeseeable cause or interference from
an outside force).
In case the bill payment is not effected for any
reason, you will be intimated about the failed
payment by an e-mail.
Once a User has accepted these Terms and Conditions,
he/ she may register and avail the Services.
In these Terms and Conditions, the term “Charge
Back” shall mean, approved and settled credit card
or net banking purchase transaction(s) which are at
any time refused, debited or charged back to
merchant account (and shall also include similar
debits to Payment Service Provider's accounts, if
any) by the acquiring bank or credit card company
for any reason whatsoever, together with the bank
fees, penalties and other charges incidental
thereto.
Server Slow Down/Session Timeout: In case the
Website or Payment Service Provider’s webpage, that
is linked to the Website, is experiencing any server
related issues like ‘slow down’ or ‘failure’ or
‘session timeout’, the User shall, before initiating
the second payment,, check whether his/her Bank
Account has been debited or not and accordingly
resort to one of the following options:
**In case the Bank Account appears to be debited,
ensure that he/ she does not make the payment twice
and immediately thereafter contact the Institute via
e-mail or any other mode of contact as provided by
the Institute to confirm payment.
**In case the Bank Account is not debited, the User
may initiate a fresh transaction to make payment.
**However, the User agrees that under no
circumstances the Payment Gateway Service Provider
shall be held responsible for such
fraudulent/duplicate transactions and hence no
claims should be raised to Payment Gateway Service
Provider No communication received by the Payment
Service Provider(s) in this regards shall be
entertained by the Payment Service Provider(s).
The User agrees, understands and confirms that his/
her personal data including without limitation
details relating to debit card/ credit card
transmitted over the Internet may be susceptible to
misuse, hacking, theft and/ or fraud and that the
Institute or the Payment Service Provider(s) have no
control over such matters.
The User will be required to login his/ her own User
ID and Password, given by the Institute in order to
register and/ or use the Services provided by
Institute on the Website. By accepting these Terms
and Conditions the User aggress that his/ her User
ID and Password are very important pieces of
information and it shall be the User’s own
responsibility to keep them secure and confidential.
The User agrees that the debit/credit card details
provided by him/ her for use of the aforesaid
Service(s) must be correct and accurate and that the
User shall not use a debit/ credit card, that is not
lawfully owned by him/ her or the use of which is
not authorized by the lawful owner thereof. The User
further agrees and undertakes to provide correct and
valid debit/credit card details.
The User may pay his/ her fees to the Institute by
using a debit/credit card or through online banking
account. The User warrants, agrees and confirms that
when he/ she initiates a payment transaction and/or
issues an online payment instruction and provides
his/ her card / bank details.
The User may need to pay One Time Setup Fee (OTC)
and all payment fee shall be made in advance before
the whole Technical Integration and Operation
Procedures are started. Cash transfer process will
take minimum one week and within office day. If
customer choose Visa/Master Card Payment and it can
be late for minimum one week duration due to
communication with Visa/Master Team.
Once the User will be registered and paid the Fee
through online Payment Gateway. He/She will not be
able to cancel the transaction in any circumstances.
No Payment will be refunded to the User.
In the event there is any claim for/ of charge back
by the User for any reason whatsoever, such User
shall immediately approach the Institute with his/
her claim details and claim refund from the
Institute alone. Such refund (if any) shall be
effected only by the Institute via payment gateway
or any other means as the Institute deems
appropriate. No claims for refund/ charge back shall
be made by any User to the Payment Service
Provider(s) and in the event such claim is made it
shall not be entertained. The User shall directly
contact the Institute for any fraudulent
transaction(s) on account of misuse of Card/ Bank
details by a fraudulent individual/party and such
issues shall be suitably addressed by the Institute
alone in line with their policies and rules.