Bill Payments
Terms and Conditions
Terms and Conditions for Online-Payments
The Terms and Conditions contained herein shall apply to any person (“User”) using the services
that CBI Mobile (Bah) Ltd (“CBI”) provides via its Bill Payments platform powered by
MobileAssist through its website at BILLPAYMENTS and the MobileAssist
mobile applications (collectively, with any new features and applications, the “Platform”). Each
User is therefore deems to have read and accepted these Terms and Conditions.
A. Privacy Policy
CBI respects and protects the privacy of the individuals that access the information and use the
services provided through them. Individually identifiable information about the User is not
willfully disclosed to any third party without first receiving the User’s permission, as covered in
this Privacy Policy. For the purposes of this Agreement a third-party is any business entity that is
not part of the bill payment transaction. These transactions include CBI, the Merchant User and
the Customer User, (Collectively the “User”), and the Payment Processor.
This Privacy Policy describes CBI’s treatment of personally identifiable information that CBI
collects when Users on the CBI’s Platform. CBI does not collect any unique information about
the User (such as User’s name, email address, age, gender etc.) except when the User specifically
and knowingly provide such information on the Platform. Like any business interested in
offering the highest quality of service to clients, CBI may, from time to time, send email and
other communication to the User to inform them about the various services, features,
functionality and content offered by the CBI Platform or seek voluntary information from you.
Please be aware, however, that CBI will release specific personal information about the User if
required to do so in the following circumstances:
- in order to comply with any valid legal process such as a search warrant, statute, or court order, or
- if any of User’s actions on CBI’s Platform violate the Terms of Service or any of CBI’s guidelines for specific services, or
- to protect or defend CBI’s legal rights or property, the CBI site, or CBI Users; or
- to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the security, integrity of CBI Platform/offerings.
B. General Terms and Conditions For Online-Payments
- Once a User has accepted these Terms and Conditions, he/ she may register and avail the Services. A User may either register on CBI’s Platform or alternatively enter his/ her details and pay their bill in any other manner as may be specified by CBI from time to time.
- CBI’s rights, obligations, undertakings shall be subject to the laws in force in the Commonwealth of The Bahamas, as well as any directives/ procedures of Government of The Commonwealth of The Bahamas, and nothing contained in these Terms and Conditions shall be in derogation of CBI’s right to comply with any law enforcement agencies request or requirements relating to any User’s use of the Platform or information provided to or gathered by CBI with respect to such use. Each User accepts and agrees that the provision of details of his/ her use of the Platform to regulators or police or to any other third party in order to resolve disputes or complaints which relate to the Platform shall be at the absolute discretion of CBI.
- If any part of these Terms and Conditions are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect.
- These Terms and Conditions constitute a portion of the entire agreement between the User and CBI, and is part of a collection of agreements for the use of the CBI Platform. These Terms and Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the User and CBI. A printed version of these Terms and Conditions, other related agreements, and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed and/or electronic form.
- The entries in the books of CBI and/or the Payment Processor kept in the ordinary course of business of CBI and/or the Payment Processor with regard to transactions covered under these Terms and Conditions and matters therein appearing shall be binding on the User and shall be conclusive proof of the genuineness and accuracy of the transaction.
- Refund For Charge Back Transaction: In the event there is any claim for/ of charge back by the User for any reason whatsoever, such User shall immediately approach CBI with his/ her claim details and claim refund from CBI alone. Such refund (if any) shall be processed only by CBI via payment gateway or by means of a demand draft or such other means as CBI deems appropriate. No claims for refund/ charge back shall be made by any User to the Payment Processor(s) and in the event such claim is made it shall be addressed at the sole discretion of CBI.
- 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.
- Refund for fraudulent/duplicate transaction(s): The User shall directly contact CBI 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 CBI alone in line with their policies and rules.
- 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 CBI via e-mail or any other mode of contact as provided by CBI 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 regard shall be entertained by the Payment Service Provider(s).
C. Limitation of Liability
- CBI has made this Service available to the User as a matter of convenience. CBI expressly disclaims any claim or liability arising out of the provision of this Service. The User agrees and acknowledges that he/ she shall be solely responsible for his/ her conduct and that CBI reserves the right to terminate the rights to use of the Service immediately without giving any prior notice thereof.
- CBI and/or the Payment Service Providers shall not be liable for any inaccuracy, error or delay in, or omission of (a) any data, information, or message, or (b) the transmission or delivery of any such data, information, or message; or (c) any loss or damage arising from or occasioned by any such inaccuracy, error, delay or omission, non-performance, or interruption in any such data, information, or message. Under no circumstances shall the CBI and/or the Payment Service Providers, its employees, directors, and its third-party agents involved in processing, delivering, or managing the Services, be liable for any direct, indirect, incidental, special or consequential damages, or any damages whatsoever, including punitive or exemplary arising out of or in any way connected with the provision of or any inadequacy or deficiency in the provision of the Services or resulting from unauthorized access or alteration of transmissions of data or arising from suspension or termination of the Services.
- CBI and the Payment Service Provider(s) assume no liability whatsoever for any
monetary or other damage suffered by the User on account of:
- the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Payment Gateway or Services in connection thereto; and/ or
- any interruption or errors in the operation of the Payment Gateway.
- The User shall indemnify and hold harmless the Payment Service Provider(s) and CBI and their respective officers, directors, agents, and employees, from any claim or demand, or actions arising out of or in connection with the utilization of the Services.
- The User agrees that CBI or any of its employees will not be held liable by the User for any loss or damages arising from your use of, or reliance upon the information contained on the Website, or any failure to comply with these Terms and Conditions where such failure is due to circumstance beyond CBI’s reasonable control.
D. Miscellaneous Conditions:
- Any waiver of any rights available to CBI under these Terms and Conditions shall not mean that those rights are automatically waived.
- 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 CBI or the Payment Service Provider(s) have no control over such matters.
- Although all reasonable care has been taken towards guarding against unauthorized use of any information transmitted by the User, CBI does not represent or guarantee that the use of the Services provided by/ through it will not result in theft and/or unauthorized use of data over the Internet.
- CBI, the Payment Service Provider(s) and its affiliates and associates shall not be liable, at any time, for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft, or destruction or unauthorized access to, alteration of, or use of information contained on the Website.
- The User may be required to create his/ her own User ID and Password to register and/ or
use the Services provided by CBI on the Website. By accepting these Terms and
Conditions the User agrees 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.
In furtherance hereof, the User agrees to;
5.i. Choose a new password, whenever required for security reasons.
5.ii. Keep his/ her User ID & Password strictly confidential.
5.iii. Be responsible for any transactions made by User under such User ID and Password.
The User is hereby informed that CBI will never ask the User for the User’s password in an unsolicited phone call or in an unsolicited email. The User is hereby required to sign out of his/her CBI account on the Website and close the web browser window when the transaction(s) have been completed. This is to ensure that others cannot access the User’s personal information and correspondence when the User happen to share a computer with someone else or is using a computer in a public place like a library or Internet café.
E. Debit/Credit Card, Bank Account Details
- 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 dues to CBI by using a debit/credit card. 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 is fully and lawfully entitled to use such credit / debit card, bank account for such transactions;
- The User is responsible to ensure that the card/ bank account details provided by him/her are accurate;
- The User is authorizing debit of the nominated card/ bank account for the payment of dues selected by such User along with the applicable Fees.
- The User is responsible to ensure sufficient credit is available on the nominated card/bank account at the time of making the payment to permit the payment of the dues payable or the bill(s) selected by the User inclusive of the applicable Fee.
F. Personal Information
- The User agrees that, to the extent required or permitted by law, CBI and/ or the Payment Service Provider(s) may also collect, use, and disclose personal information in connection with security related or law enforcement investigations or in the course of cooperating with authorities or complying with legal requirements.
- The User agrees that any communication sent by the User vide e-mail, shall imply release of information therein/ therewith to CBI. The User agrees to be contacted via e-mail on such mails initiated by him/ her.
- In addition to the information already in the possession of CBI and/ or the Payment Service Provider(s), CBI may have collected similar information from the User in the past. By entering the Website the User consents to the terms of CBI’s information privacy policy and to CBI’s continued use of previously collected information. By submitting the User’s personal information to CBI, the User will be treated as having given his/her permission for the processing of the User’s personal data as set out herein.
- The User acknowledges and agrees that his/ her information will be managed in accordance with the laws for the time in force.
G. Payment Gateway Disclaimer
The Service is provided to facilitate access to view and pay dues online. CBI or the Payment
Service Provider(s) do not make any representation of any kind, express or implied, as to the
operation of the Payment Gateway other than what is specified in the Website for this purpose.
By accepting/ agreeing to these Terms and Conditions, the User expressly agrees that his/ her use
of the aforesaid online payment Service is entirely at own risk and responsibility of the User.
