TERMS AND CONDITIONS
These Terms and Conditions (the ‘Terms and Conditions”) apply to and regulate the PERSONALIZED IMAGE CARD “EBL PIC” (“EBL PIC”) provided by Eastern Bank PLC. (“EBL”) and are in addition to and not in derogation of the Terms and Conditions governing all card facilities of EBL (“Primary Terms and Conditions”) as available at www.pic.ebl.com.bd. Terms used in capitalized form, however not defined herein under, shall have the meaning assigned to them under the Primary Terms and Conditions.
In the Terms and Conditions, unless there is anything repugnant to the subject or context thereof, the following words/expressions shall have the same meaning as stated herein under:
- 1.1 “Card Application” refers to the application made by you to EBL for the issuance of EBL PIC. The Application shall be in the form of a request made in the manner and format as prescribed by EBL which may be amended from time to time, and which shall form an integral part of these terms and conditions.
- 1.2 “EBL PIC” or “Card” refers to the image/picture card issued by EBL, in accordance with these terms and conditions.
- 1.3 “Cardholder” means the individual who makes an Application for the issuance of, and to whom the Card has been issued by EBL, subject to such terms and conditions as may be specified by EBL, and who is authorized to hold and use the Card.
- 1.4 “Image” shall refer to the picture/s, image/s, design/s, or any such content that is submitted by you on the Website for the purpose of availing an EBL PIC Card. The size of the Image uploaded on the Website should be within 10MB.
- 1.5 “EBL” or “the Bank” shall mean Eastern Bank PLC., the proprietors/owners of the Card, its successors, assigns and representatives.
- 1.6 “EBL PERSONALIZED IMAGE CARD GUIDELINES” or “EBL PIC Guidelines” shall refer to the guidelines issued by EBL for submission of Cardholder images.
- 1.7 “Website” shall mean EBL PIC website hosted at www.pic.ebl.com.bd.
- 1.8 “Application Portal” shall mean the portal hosted at pic.ebl.com.bd
- 1.9 “Intellectual Property” means all patents, trademarks, watermarks, permits, service marks, brands, trade names, trade secrets, proprietary information and knowledge, technology, computer programs, databases, copyrights, licenses, franchises, formulae, designs, rights of confidential information, and all other intellectual property.
- 1.10 "Intellectual Property Rights" means all rights, benefits, title or interest in or to any Intellectual Property, anywhere in the world (whether registered or not and including all applications for the same).
- 1.11 “Fees” mean a one-time fee per Card request, as per prevailing Schedule of Charge. This shall be paid by the Cardholder when applying for the EBL PIC online. This Fee may be subject to changes and shall be governed as per prevailing Schedule of Charges.
2. APPLICABILITY OF TERMS:
By submitting the Application for the Card and/or by signing on the reverse of the Card, or by performing a Transaction or by accepting the Card (in the form and manner prescribed by EBL from time to time) you hereby agree that you have read and understood the Terms and Conditions and shall be deemed to have unconditionally agreed to and accepted the same
3. IMAGE SUBMISSION POLICY:
- 3.1 You represent and warrant that you own/are a valid licensee of all the Intellectual Property contained in the Image.
- 3.2 You (or you have obtained consent from the image's owner) grant EBL a perpetual, non-transferable, non-exclusive, royalty-free, world-wide, irrevocable license to use the Image and the data you provide to EBL for the purpose of providing your Card.
- 3.3 You consent (or have obtained consent from the image's owner) to EBL storing, modifying, copying or using the Image.
- 3.4 EBL understands that the Image is the Intellectual Property of You and EBL claims no right, interest, title over the Image. You continue to retain all Intellectual Property Rights in the Image.
3.5 You warrant to EBL that:
- (i) you are the owner of the Image (i.e. the image was taken by you) or you have obtained express consent from the Image's owner to use the image on your Card;
- (ii) you have obtained express consent from any person whose image you use on your Card; and
- (iii) use of the Image by EBL will not infringe any other person's rights, including intellectual property rights, in the Image.
- 3.6 You further represent that the use of Image by EBL in accordance with the terms and does not violate the Intellectual Property Rights of third parties, and any applicable laws or regulations in force.
- 3.7 You are solely responsible for the Image. EBL is providing this service at the request of you, and shall not be liable for any claims relating to the Image.
- 3.8 You shall indemnify and hold harmless EBL, its successors and assigns, against any claims arising or loss suffered by EBL resulting from your use of this service or as a result of the Image being used on and reproduced on your Card, or arising out of or as a result of EBL storing, modifying, copying or using the Image.
- 3.9 You agree that any dispute between you and any third party with regard to the Images submitted by you shall be resolved between without involving EBL in such dispute. EBL shall not be liable for any loss/damage/harm suffered by either you or any third party in this regard.
- 3.10 The Images are required to adhere to the EBL PIC Guidelines, as uploaded on the Website.
- 3.11 The Card will be issued after approval of the Image as per EBL PIC Guidelines. On successful approval of Image, the Card Application will be processed. In the event the Image does not meet the EBL PIC Guidelines, the Card Application request will be declined.
- 3.12 The Image uploaded by you should be free from any Spyware, Malware, Virus or any other content which is harmful to EBL.
4. ISSUANCE OF CARDS:
- 4.1 EBL may issue the Card pursuant to you making an Application for the Card, paying the fees and agreeing to the applicable terms and conditions during Application in the manner prescribed by EBL in this regard. EBL shall maintain records of these Applications and other consents /instructions in such manner as deemed suitable by EBL policy.
- 4.2 The Card shall be activated subject to approval of the Card Application by EBL and as per Standard EBL Card activation protocol
- 4.3 EBL may, in its discretion, require evidence of the Image owner's consent or of your ownership of the Image.
- 4.4 The Card and PIN will be dispatched to requested delivery point, as specified by you in the Card Application within five (5) working days following the approval of your Application by EBL.
- 4.5 You shall be bound to comply with these Terms and Conditions and all the policies stipulated by EBL from time to time in relation to the Card.
- 4.6 EBL reserves the right not to accept or use any image you submit, or to refuse to issue a Card.
- 4.7 Your Card remains the property of EBL and you agree to immediately return it or destroy it if asked by EBL for any reason, or if the card or accounts that your Card is linked to is closed.
- 4.8 EBL reserves the right not to accept or use any image you submit, or to refuse to issue a Photo Card.
5. REPLACEMENT, EXPIRATION AND TERMINATION:
- 5.1 You may change the Image on the Card through a new request on the portal. The applicable Fee plus VAT will be charged for every EBL PIC request.
- 5.2 Instances where the Card is lost, stolen or damaged, and a request for a replacement card is placed, EBL shall issue a standard card of respective payment network for you, without any personalized Image.
- 5.3 The Card is valid up to a period of five (5) years for EuroPay MasterCard Visa [EMV] chip secured debit and credit cards, three (3) years for prepaid cards, from the date of issuance. EBL may, at any time, with or without notice, at its absolute discretion, terminate the Card.
- 5.4 Upon expiry of the Card, a new standard card will be issued to you without any personalized Image. In the event you require a personalized image Card, you may apply for a new EBL PIC. You shall have to pay the applicable Fees for the Card for successful processing of the EBL PIC request.
- 5.5 If at any time, after the issuance of the EBL PIC, it is found that the Image uploaded by you violates any Intellectual Property Rights of third parties, and any applicable laws or regulations in force or any other terms and conditions/guidelines relating to the use of the Card, or you do not have the sufficient rights for the Image, or the Image on the Card infringes the rights of any third party, or any picture or image confronting to the social or cultural values or hurts the religious beliefs of another, EBL shall immediately block the Card permanently. In such a situation, without prejudice to the Indemnity payable by you to EBL, you may apply for a standard card, without any personalized image.
6. INDEMNIFICATION BY CARDHOLDER:
- 6.1In consideration of EBL providing you with the Card and related facilities,
you hereby agree to indemnify and keep EBL indemnified from and
against all actions, claims, demands, proceedings, losses, damages,
personal injury, costs (including legal costs) (hereinafter 'Claim'), charges
and expenses whatsoever which EBL may at any time incur, sustain,
suffer or be put to as a consequence of or by reason of or arising out of:
- (i) Any violation, breach or alleged breach and/or non-compliance of the Terms and Conditions by you;
- (ii) Providing you the said facility of the Card;
- (iii) Your negligence, mistake or misconduct (directly or indirectly);
- (iv) Any Claim relating to infringement or alleged infringement of Intellectual Property Rights;
- (v) Violation of any legal, statutory or regulatory guidelines regarding use of Images;
- (vi) Any action, suit or claim by any third party arising out of the usage of the Image by EBL;
- (vii) Any Claim where you have violated the Image Checking Guidelines uploaded on the Website;
- (viii) Any Claim from third parties relating to the credit, character and reputation (including actual or perceived loss of reputation, defamation or the like), alleged to have been caused by the Image on your Card. The liability arising under this Claim shall be your sole responsibility;
- (x) Fraud or dishonesty relating to any Transaction by You or anyone in possession of your card.
- (xi) ATM/POS machine error or failure or other mechanical/system error/failure;
- (xii) Collection of all money due and payable (including applicable costs, charges and fees) by You, and/or;
- (xiii) Any issues arising out of Spyware/Viruses/Malware in the Images uploaded through the portal.
- 6.2 Additionally, as per the representations given earlier in Clause 3, you agree to indemnify and agreed to hold EBL indemnified against all actions, claims and costs, charges and expenses arising out of or as a consequence of you not complying with the applicable laws, rules and regulations in force from time to time.
- 6.3 You undertake full responsibility for any violation of copyright, political or religious symbols, celebrities and/or discriminatory and indecent subject matter etc.
7. EXCLUSION OF LIABILITY OF EBL:
EBL shall be under no liability whatsoever in respect of all actions, claims, demands, proceedings, losses, damages, personal injury (including actual or perceived loss of reputation, defamation or the like) (hereinafter 'Dispute') and costs, charges and expenses whatsoever, arising directly or indirectly out of:
- (i) Any use of the Card and/or PIN;
- (ii) Any Dispute relating to infringement or alleged infringement of Intellectual Property Rights and legal or regulatory guidelines regarding use of Images;
- (iii) Any action, suit or claim by any third party where you violated the EBL PIC Guidelines uploaded on the Website.
- (iv) Any dispute from third parties relating to the credit, character and reputation (including actual or perceived loss of reputation, defamation or the like), alleged to have been caused by the Image on the Card. The settlement of this Dispute shall be your sole responsibility;
- (v) The refusal by any person or Merchant Establishments in honoring or accepting the Card;
- (vi) Any ATMs/ POS terminals that malfunctions or is otherwise out of order, and whether resulting in such terminal not accepting the Card and/or PIN or otherwise;
- (vii) Misuse or fraudulent use of the Card by any person including you;
- (viii) Any statement made by any person requesting to a surrender/cancellation of the Card or any act performed by any person in conjunction thereto;
- (ix) Handing over of the Card by you to a person other than the designated employees of EBL at EBL's premises;
- (x) The exercise by EBL of its right to demand and procure the surrender of the Card prior to the expiry date stated on its face, whether such demand and surrender is made and/ or procured by EBL or by any other person or ATMs/POS terminals;
- (xi) The exercise by EBL of its right to terminate any Card;
- (xii) The re-possession/cancellation of the Card and/or request for its return;
- (xiii) Any misstatement, misrepresentation, error or omission in any details disclosed to EBL.
8. FEES AND CHARGES:
- 8.1 The Fees, depending on card variant, will be payable immediately upon Application for the Card, for the successful processing of EBL Card Application, plus VAT payable.
- 8.2 The Image on the Card can be changed as per your convenience, at any time, through a new Card Application and uploading of an Image by You. The Fees (plus service tax) will be required to be paid online or as per established procedure, at every instance of EBL PIC application.
- 8.3 In cases where the EBL Personalized Image Card is lost, stolen or damaged, a new card may be requested by contacting the EBL Contact Center or you may visit any EBL Branch. A replacement Fee (Plus VAT) will be charged and the replacement card will be of standard design, as per respective payment network.
- 8.4 Any government charges, duty or debits, or tax payable as a result of the use of the Card shall be your responsibility and if imposed upon EBL (either directly or indirectly), EBL shall debit such charges, duty or tax against the balance available in your account linked with the Card. In addition, operators of Networks may impose an additional charge for each use of their POS Terminal/other device, and any such charge along with other applicable fees/charges will be deducted from the balance available on the Card. There will be separate service charges levied for such facilities as may be announced by EBL from time to time and deducted from the balance available on Card. In the situation that the balance available on the Card is not sufficient to deduct such fees, EBL reserves the right to deny any further Transactions.
- 8.5 You authorize EBL to deduct all Fees and Charges from the balance available in the account linked to the Card, and agree to indemnify EBL against any expense it may incur in collecting money owed by you in connection with the Card (including without limitation reasonable legal fees). EBL may levy service and other charges for use of the Card, which will be notified to you from time to time by updating these Terms and Conditions. You authorize EBL to recover all charges related to the Card as determined by EBL from time to time by debiting the balance available in the account linked to the Card. Details of the applicable fees and charges as stipulated by EBL shall be displayed on the website and/or at selected EBL Branch locations.
- 8.6 EBL's liability hereunder is limited to refunding the Fee associated with the issuance of the Card, and EBL is not liable to you for any loss, damage, claim or expense whatsoever in relation to any action by EBL permitted under these Terms and Conditions. EBL is not responsible for poor quality images or images poorly positioned on the Card template
9. NOTIFICATION OF CHANGES AND OTHER PROVISIONS:
- 9.1 EBL shall have the absolute discretion to amend or supplement any of these Terms and Conditions, features and benefits offered on the Card including, without limitation to, changes which affect interest charges or rates and methods of calculation at any time. The balance available on the Card shall be liable to be utilized for all charges incurred and all other obligations under the revised Terms and Conditions.
- 9.2 EBL shall notify / communicate the amended Terms and Conditions by hosting the same on the EBL's website, EBL PIC website or in any other manner as decided by EBL. You shall be responsible for regularly viewing these Terms and Conditions, including amendments thereto as may be posted on EBL's website and shall be deemed to have accepted the amended Terms and Conditions by continuing to use the Card.
- 9.3 The Card and your obligations under these Terms and Conditions may not be assigned. EBL may transfer its rights under these Terms and Conditions. Use of the Card is subject to all applicable rules and customs of any clearing house or other association involved in Transactions. EBL does not waive its rights by delaying or failing to exercise them at any time. If any provision of these Terms and Conditions shall be determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local, state, or federal, the validity or enforceability of any other provision of these Terms and Conditions shall not be affected.
You certify that you have read and understood the above Terms & Conditions and the EBL PIC Guidelines and that the image you submitted to EBL complies with the EBL PIC Guidelines and Terms & Conditions.