e-Rin Specific Terms & Conditions

(YOU ARE ADVISED TO READ THESE TERMS & CONDITIONS OF

eRin BEFORE SUBMITTING LOAN APPLICATION FORM)

You will be deemed to accept and bound by all the following terms and conditions (as amended, modified, restated, renewed, replaced, revised, supplemented, substituted or novated from time to time), hereinafter referred to as the “eRin Terms & Conditions” by browsing, viewing, accessing and/or using this webpage of Dhaka Bank Limited for eRin and/or the services offered on this website by Dhaka Bank Limited. You must read it in conjunction with email confirmation, sanction letter/banking arrangement letter, the bank’s policy, the product advertisement, and any other documents uploaded on the Website or eRin Mobile Application or sent vide emails to you, the borrower in relation to this eRin Facility. To the extent of any inconsistency between these eRin Terms & Conditions and any other documents, these eRin Terms & Conditions shall prevail. Please note that approval of this eRin Facility to you is expressly conditioned on your assent to these eRin Terms & Conditions. The Bank reserves the right to revise, modify, enhance, reduce, or cancel these eRin Terms & Conditions from time to time as per the banking policy of Dhaka Bank Limited (hereinafter referred to as “DBL”/ “the Bank”).

This document is an electronic record in terms of the Information & Communication Technology Act, 2006 and Rules thereunder, as applicable and the provisions pertaining to electronic records in various statutes as amended from time to time. This electronic record is generated by a computer system and does not require any physical or digital signatures.

WARNING:

If the visitor to the Website is a minor i.e. under the age of 18 years, he/she shall not register on eRin Mobile Application and shall not transact or use eRin. As a minor, if a visitor wishes to use or transact on Website/Application, such use or transaction may be made only by their parents/ legal guardian who have registered and have an online account with the Bank in their name. All monetary transactions shall be made by the parents/ legal guardians themselves. The parents/ legal guardians shall be financially responsible for access of the Application and for repayments of Loan availed by their children below 18 years of age. Bank reserves the right to terminate any loan application in the event of breach of any of the eRin Terms & Conditions as are set out herein.

These eRin Terms & Conditions are to be read and understood in conjunction with the User Terms and Conditions, the KYC Policy and Privacy Policy other policy as may be displayed on the Website from time to time.

By clicking on the ACCEPT button at the bottom of this page, you irrevocably and unconditionally accept the eRin Terms & Conditions for grant of Loan and these eRin Terms & Conditions will become a legally binding contract between the Bank and Yourself as the Borrower.

DEFINITIONS

 “Amounts Due” shall mean the principal loan amount together with interest and Penal Interest and other amounts due and payable by Borrower to Bank in terms of these ERIN TERMS & CONDITIONS;

“Applicable Law” shall mean any Bangladeshi statute, law, acts of the National Parliament, regulation, ordinance, rule, judgment, order, decree, bye-laws, clearances, directives, guidelines, policy requirement, or any governmental restriction or any similar form of decision of, or determination by, or any interpretation or administration having the force of law in Bangladesh of any of the foregoing, by any government authority having jurisdiction over the matter in question, whether in effect as of the date of this Contract or thereafter, and includes any laws, notification, circulars, ordinances, byelaws, rules whatsoever.

“Borrower” shall mean any individual who avails the eRin Facility from the Bank.

“Business/working/Banking Day” means the days on which the Bank is open for business during normal business hours.

“Contract” shall include these ERIN TERMS & CONDITIONS, various Policies of Bank and User Terms and Conditions (as amended, modified, restated, renewed, replaced, revised, supplemented, substituted or novated from time to time).

“Disbursement” means any and every amount advanced to, and borrowed by, the Borrower under the Loan.

“Date of Disbursement” shall mean the date when Bank disburses or gives instruction to his bank for remittance of Loan Amount to Borrower irrespective of whether the Loan Amount is credited to the account of the Borrower on such date;

“Due Date” means in respect of any amount payable under any Loan, the date on which such amounts falls due in terms of the contract; and if such date falls on a day which is not a Business Day, on the immediately preceding Business Day.

“eRin Mobile Application/Application” shall mean the proprietary mobile application developed and maintained by CASHe Alliance Limited for the Bank to provide eRin Facility under this eRin Terms & Conditions.

“eRin Terms & Conditions” shall mean these Terms and Conditions.

“Loan” or “Loan Amount” shall mean the eRin Facility availed by the Borrower and sanctioned by the Bank, from time to time.

“Loan Documents/Digital Loan Documents” shall mean and include the eRin Terms & Conditions, all email confirmation, sanction letter/banking arrangement letter, the bank’s policy, the product advertisement, and any other documents uploaded on the Website or eRin Mobile Application or sent via emails to the Borrower in relation to the eRin Facility.

“OTP” shall mean and include one-time password which is an unique number provided to the Customer.

“Outstanding Liabilities” means in relation to the eRin Facility, the aggregate of the amounts in various currencies at any time and from time to time outstanding of all moneys, obligations and liabilities charges owing or incurred by the Borrower to the Bank (individually or collectively as the case may be) on the relevant date including principal, interest, interest on interest, fees and other costs (including without limitation, breakage costs, legal expenses), charges, expenses, indemnities provided for in such Sanction Letter and all other monies then due and unpaid under such Sanction Letter.

“Persons” shall mean an individual, and shall include legal representatives, administrators, executors, heirs, their respective successors and permitted assigns.

“Policies” include but not be limited to Know Your Customer Policy, User Terms and Conditions, Privacy Policy of the Bank displayed on the Website.

“Registered Account” or “Account” shall mean the account of the Borrower registered with the Bank for availing eRin Facility.

“Social Loan Quotient” or “SLQ” shall have the meaning ascribed to it in clause 2.5 of these ERIN TERMS & CONDITIONS.

 “Website” shall mean and include the website of Dhaka Bank Limited namely, www.dhakabankltd.com, and any other media platform through which the terms and conditions of eRin Facility will be displayed.

• ERIN FACILITY LIMIT

The Borrower can apply for a loan ranging from BDT 1000.00 (Bangladeshi Taka One Thousand) to BDT 50,000.00 (Bangladeshi Taka Fifty Thousand) by completing the Loan Application available on the Website of DBL. The Bank reserves right to decide the limit of eRin Facility to be sanctioned to the Borrower as per its credit risk management policy. The Bank shall have the sole discretion to revise, modify, enhance, reduce, or cancel the said limit of the eRin Facility at any time.

• INTEREST AND OTHER FEES
• The eRin Facility shall be subject to interest at the rate of 9.00% p.a. and will be charged on monthly basis. The Bank reserves the right to change/revise this interest rate at any time as per its commercial decision. Any such revised interest rate shall be notified to the Borrower via email.

• Any repayment whether in part or full of the eRin Facility will be attributable towards servicing of interest first which has accrued on the eRin Facility and then to the principal amount.

• The processing fees shall be paid as per the prevailing schedule of charges of the Bank.
• The Borrower fails to make an installment on or before the relevant due date, it shall be subject to and charged with late payment fee or penal interest at 2.00% per annum (2.00% p.a.) after the due date.
• The Borrower shall be liable to pay the Bank processing fee of 0.50% along with VAT, for each loan products as “Processing Fee”. The Processing Fee shall be charged for processing both application for new and renewal eRin Facility. The Bank reserves the right to change the amount of Processing Fee at any time.
• The Bank reserves the right at its absolute discretion to vary/change the rate of Interest/ commission/ other charges (including the rate of Penal Interest) applicable to the eRin Facility from time to time. Such amended/revised rate shall be effective from the date of such variation/amendment announced on the Website and the Application and not from the date of actual notice/receipt of notice by the Borrower.
• The rate of interest determined by the Bank from time to time shall remain in full force and effective even though the account /accounts in the Borrower’s name with the Bank are closed, become dormant or are subject to litigation, until full settlement of all the Outstanding Liabilities to the Bank.

• REGISTERED ACCOUNT AND SOCIAL LOAN QUOTIENT
• Registered Account: In order to avail a Loan through eRin, the Borrower is required to register himself with eRin. The registration can be done only through a valid Facebook, LinkedIn or Google identity. The eRin Mobile Application runs on Android and iOS phones and the Borrower must not close or uninstall or disable or discontinue the eRin Mobile Application so long as the loan account is not fully repaid. The Borrower is required to register with the Bank for eRin Facility only once against which he will receive a Unique Customer Number in the form of OTP. Once Borrower is registered with the Bank for eRin Facility, he can apply to the Bank to avail eRin Facility. If any of the Borrower’s profile details change, i.e. Employer, Salary, Address, Contact Details, Bank Account Details etc., the Borrower must notify eRin immediately.

• The eligibility criteria of the Borrower for eRin Facility is as below:

• • The Borrower should be above the age of 21;
  • The Borrower should be in employment or have proven source of income to repay the Outstanding Liabilities against the eRin Facility;
  • The Borrower should hold a valid bank/MFS account in his own name;
  • The Borrower should have a valid Google, LinkedIn account and/or Facebook account.
  • The Borrower should have the National Identity Card (NID) issued by Election Commission of Bangladesh, Officially Valid Documents (OVD) as prescribed by Reserve Bank of India which includes passport, driving license.

• The Borrower will have to provide basic details and documents as stipulated in the opening page of Registered Account in order to be duly registered with eRin. The documents required to be submitted to the Bank will be in accordance with the Know Your Customer Policy of the Bank displayed on the Website from time to time. Any change in basic details and documents provided by the Borrower should be intimated.
• Based on the documents and details provided, the Borrower’s eligibility will be calculated, and Borrower will be informed of his eligibility. It may be possible that in certain cases, the eligibility assessment may take longer than expected due to Borrower’s profile being incomplete, or requisite documents are not being provided or additional information, documents are required to establish the credibility of the Borrower.
• Social Loan Quotient: The Borrower acknowledges that the Social Loan Quotient (SLQ) is a proprietary credit rating score of eRin facility by CASHe Alliance Limited and The Social Loan Company to let Borrowers to borrow money whenever they need it through Bank using CASHe Technology. The SLQ is an evaluation of the Borrower’s social presence on the basis of, but not limited to, details provided, mobile data, Facebook and/or LinkedIn, his employment history, and other parameters. Essentially, it determines how the Borrower is likely to pay back the Outstanding Liabilities to the Bank. The Borrower can be prevented from applying for eRin Facility in absence of SLQ or adequate SLQ, at the discretion of the Bank.
• The Borrower consents that he shall accept eligibility criteria including SLQ arrived at by the Bank/third party agency commissioned by the Bank. The Bank or third party agency shall not be liable under any circumstances to share the computation or details or basis of arriving at the eligibility criteria including SLQ with the Borrower.
• The Bank reserves the sole right and discretion to approve your application without having the need to provide any reasons for the same. Bank reserves the sole right to accept or reject a loan application, if you do not fit the criteria set out by the Bank.
• The eRin Facility that can be availed by the Borrower depending on the SLQ of the Borrower and options chosen by the borrower and at the absolute discretion of Bank. Notwithstanding of the foregoing, the Bank reserves the right to decide whether the Borrower qualifies to avail eRin Facility at all as well as to determine the amount of eRin Facility.
• The Borrower has to fill an online application as available on the eRin Mobile Application confirming the amount of Loan that he intends to avail. Having provided all documents and details required by Bank, Borrower shall receive an intimation confirming amount of Loan that the Borrower is eligible to receive. Thereafter, the Loan Amount will be disbursed to the Borrower’s bank account/MFS account, as per latest Bank Statement uploaded by the Borrower.
• The SLQ and offer to avail Loan shall be available to the Borrower at the discretion of Bank for a period of 90 (Ninety) days from date of intimation received by Borrower. If Borrower fails to log-in and make the Disbursement Request within 90 (Ninety) days of receiving intimation from the Bank, the offer shall lapse and Borrower will have to make a fresh request to the Bank for eRin Facility.
• The Bank may but shall not be obliged to make a Disbursement unless –

1. Borrower has duly filled the application form for eRin Facility;
2. Borrower has provided all documents and details required by the Bank to the Bank’s satisfaction.
3. The SLQ of the Borrower is as per the eligibility criteria of the Bank;
4. The Borrower has electronically provided and confirmed all required information and documents and has accepted the Digital Loan Documents;
5. Borrower has not committed breach of any provision of this eRin Terms & Conditions, and no Event of Default, or event which after a lapse of time or notice is capable of becoming an Event of Default, has occurred;
6. the Borrower has fulfilled all other conditions as may be specified by the Bank from time to time.

• A Disbursement shall be disbursed to, or on behalf of, the Borrower as may be decided by the Bank. A Disbursement made on behalf of the Borrower(s) shall be deemed to be a borrowing by the Borrower.
• Borrower can avail of Loan under one Registered Account within the upper limit of Tk. 50,000.
• Notwithstanding anything stated above or elsewhere in this eRin Terms & Conditions, it is expressly agreed by the Borrower that the Bank shall not be bound to continue the Loan or make any Disbursement, and the Bank may, in its sole and exclusive discretion, at any time, without assigning any reason, decline to make a Disbursement or otherwise discontinue the Loan consequently recalling the entire Loan, which decision shall be binding on, and shall not be questioned by, the Borrower, and the Bank shall not be liable for any damages or other consequences to the Borrower or any other Person by reason thereof.
• DISBURSEMENT

The Bank shall sanction and disburse the eRin Facility to the Borrower’s account upon acceptance and completion of the Digital Loan Documents as per the requirements of the Bank. At no point of time shall Bank be responsible for any loss caused due to Borrower having provided erroneous any required information including bank details and/or Bank Statement.

• TENURE

The Borrower shall be responsible to arrange and available sufficient fund in his/her loan account from its own fund against the Outstanding Liabilities arising out of eRin Facility. The Outstanding Liabilities of the eRin Facility shall be repaid within the tenure as specified in the respective Sanction Letter. The indicative tenure of the eRin Facility is as follows, which depends upon the Borrower’s affordability and the Bank’s credit assessment criteria:

• REPAYMENT & PREPAYMENT

Repayment

• The Outstanding Liabilities of eRin Facility shall be repaid within the tenure as specified in the respective Sanction Letter as sent via email.
• The Borrower shall repay the Outstanding Liabilities from his/her account in which the eRin Facility was disbursed by the Bank.
• The Borrower can use any one of the following methods to make the amount due available in his/her account (a) by cash or cheque to be deposited into the bank account; or (b) by Bank Transfer/EFTN/NPSB; or (c) through transfer from MFS.
• If any payment under these eRin Terms & Conditions is required to be made on or before a day which is not a Business Day or within a day which is not a Business Day or within a period which ends on a day which is not a Business Day, then the Borrower shall be required.

Prepayment

• Notwithstanding the above, if the Borrower wishes to prepay any eRin Facility or part thereof before its due date as specified in the Sanction Letter, the Borrower may do so Any such notice shall have to be emailed to erin@dhakabank.com.bd
• Any amount so prepaid, whether partially or in full, shall be will be attributable towards servicing of tax, interest, and other fees first which has accrued on the eRin Facility and then to the principal amount.

• EVENT OF DEFAULT

In the event of the following, the Borrower shall be deemed to be in default of eRin Facility (the “Event of Default”):

• Change in Material Circumstances: any material adverse circumstances arise which in the opinion of DBL gives rise to a belief or suspicion that the Borrower is unable to perform its obligations under this eRin Terms & Conditions or
• Non-Payment: the Borrower does not pay any sum payable to DBL under this when due in a manner mentioned in this eRin Terms & Conditions; or
• Over-due Payment: the Borrower fails to pay the EMI in the manner provided in this ERIN TERMS & CONDITIONS; or
• Breach of other Obligations: the Borrower does not perform or comply with any one or more of its obligations under this eRin Terms & Conditions; or
• Any statement, representation or warranty made by the Borrower under or in connection with this Agreement shall be, or prove to have been, or shall become, incorrect in any material respect; or
• The Bank shall learn that any misrepresentation or misleading omission has been made in any financial statement, agreement or other document delivered to the Bank by the Borrower; or
• Death or physical or mental incapacity of the Borrower or any other reason that bars the Borrower from fulfilling his/her obligations under this eRin Terms & Conditions; or
• Any judgement against the Borrower shall be entered, for which payment shall neither be paid within a period of thirty days nor stayed pending appeal, or
• Any warrant, order of attachment, tax lien or levy, distrait, garnishment or other levy shall be issued against any of the property of the Borrower or any civil procedure under any of the proceedings of the courts of Bangladesh shall be commenced, invoked or used by any judgement creditor against the Borrower or with respect to any property of the Borrower or any receiver, court or governmental authority take possession or control of any substantial part of such property or control over the affairs and obligations of the Borrower, or
• Any material adverse circumstances arise which give reasonable grounds, in the opinion of the Bank, for the belief that the Borrower may not (or may be unable to) perform its obligations hereunder.
• CONSEQUENCE OF DEFAULT

In any Event of Default all or a part of the eRin Facility, as the Bank shall determine at its sole and absolute discretion, shall be due and payable forthwith without presentation or demand for payment, which are hereby expressly waived by the Borrower, and thereafter the Outstanding Liabilities shall bear interest at the legal rate (if higher than the rate then applicable thereto), provided, however, that the Bank by notice in writing may waive, suspend or modify the effect of any such event upon any outstanding liability of the Borrower either before or after the same shall have occurred. Each such waiver, suspension, or modification, shall apply only with respect to the specific instance involved.

• TERMS AND CONDITIONS
• The acceptance of this terms and conditions and the terms and conditions of the Sanction Letter by the Borrower constitutes a legal and binding obligation and is enforceable in accordance with the eRin Terms & Conditions.
• The Bank is authorized to open and maintain bank account(s) on the name of the Borrower for the purpose of disbursement and repayment of the eRin Facility by the Borrower.
• All payment required to be made in respect of the eRin Facility, shall be made by Borrower on the respective due dates as mentioned in the Sanction Letter and the Borrower hereby irrevocably authorizes the Bank to debit any of the Borrower’s accounts maintained with the Bank or any other bank, with all amounts owing in respect of the eRin Facility including interest and charges and expenses (together the “Outstanding Liabilities”) at such time as the same shall become or be due and payment and transfer such sum of the loan account for adjustment but in any case the Borrower shall always remain liable and agree(s) to make payment in full to all such sums to the Bank.
• If the Borrower fails to properly fulfill its obligations as mentioned in this eRin Terms & Conditions, the Bank has the right to demand the Borrower, to pay penalties, fines and other expenses, losses.

• The interest rate for the loan provision by the Bank to the Borrower is equal to 9.00% p.a. with monthly rest. Bank will charge and realize it on monthly basis.
• The Bank’s loan interest is calculated based on the loan amount from the date of debiting the loan amount from the Bank’s account and until and including the date of payment.

• In the event of the normal death of the Borrower, the Bank shall be entitled to the end of service benefits the Borrower from his/her employer and adjust the dues first, before any refund is made to the heirs/nominees.
• If at any time, any provision of hereof becomes illegal, invalid, or unenforceable in any respect neither the legality, validity or enforceability of the remaining provisions shall be affected or implied thereby.
• The Bank reserves the right to alter these terms and conditions at any time. The notification of such changes shall be upload in the Website and the eRin Mobile Application. The changes shall be become effective and binding on the Borrower once it is uploaded/posted on the Website and the Mobile Application by the Bank.
• In the Event of Default, the Bank reserves the right to call back the eRin Facility of the Borrower and take necessary measures to recover the Outstanding Liabilities of the Borrower.
• The Bank shall ensure that the Borrower’s personal data is processed and protected in accordance with the prevailing laws of Bangladesh.

• In case of any violation of obligations by the Borrower under the Loan Documents, the Bank may assign its claims to a third party at its discretion and without any additional Borrower’s consent by signing an agreement.

• The Borrower undertakes to the Bank shall take necessary steps to deposit his/her/their salary/wages/honorarium payable by his/her/their employer to the designated account maintained with the Bank in order to adjust the Outstanding Liabilities.
• The Borrower undertakes and consents that the eRin Facility shall be utilized for the specified purpose for which it has been sanctioned.
• The Borrower unconditionally undertakes to repay the eRin Facility as per terms and conditions of the Sanction Letter as provided by email.
• The Borrower irrevocably authorized the Bank to enforce his/her all securities, including account receivables, contract proceeds, FDR, etc.  at its absolute discretion in the event the loan account becomes irregular and shall apply and proceeds recovered towards adjustment of the Outstanding Labilities along with all legal fees.
• The Borrower acknowledges that if any third person obtains access to his/her Mobile application or the registered device, in that case, the Borrower shall be responsible for all transactions carried through this account.
• The Internet per se is susceptible to several frauds, misuses, hacking and other actions, which could affect use of this Loan eRin Facility service. Whilst the Bank shall aim to provide security to prevent the same, there cannot be any guarantee from such Internet frauds, hacking and other actions, which could affect the use of the Loan account.
• It may also be possible that the Website and/or eRin Mobile Application may require maintenance and during such time it may not be possible to process the request of the Borrowers. This maintenance could result in delays or failure in the processing of instructions of the Borrower. The Borrower understand and acknowledge that the Bank disclaims all and any liability, arising out of any failure or inability by the Bank to honor any instruction of the Borrower.
• These terms and conditions shall be governed by and construed in accordance with the laws of Bangladesh and the Borrower and the Bank hereby irrevocably submit to the non-exclusive jurisdiction of the courts of Bangladesh.
• The Borrower agrees that all actions made when using the electronic communication channels are the legally valid transactions that equal the written transactions and have similar legal consequences as the written documents signed by the Borrower and the Bank.
• No proceedings have been initiated and no events have occurred in connection with insolvency, bankruptcy, liquidation protection against creditors or declaration as a relief undertaking or other similar matters in relation to the Borrower, and there is no order for the appointment of a receiver, administrator, liquidator or other similar Person or authority in relation to the business, undertaking or assets of the Borrower.
• Nothing contained herein conflicts with any Applicable Law, regulation or bye law of the Central or a State Government or any local, revenue, tax or statutory authority, including the Securities and Exchange Board of India, the Reserve Bank of India, stock exchange or any other authority, which is binding on the Borrower.
• If the Borrower authorizes any other Person to transact with the Bank, then such act of the authorized Person shall be binding on the Borrower.
• The Borrower has not been included in the list of defaulters by any regulatory/ statutory authority and/or banks and/or financial institutions and/or Non-Banking Financial Institutes etc.
• The Borrower voluntarily provide at its own discretion his/her NID number as issued by Election Commission of Bangladesh to Dhaka Bank/ eRin along with his/her other KYC documents for the purpose of opening an account based relationship and voluntarily give his/her consent to use his/her NID details for the purpose of KYC authentication. The NID Card details voluntarily furnished by the Borrower is true, correct and complete.
• Each of the representations and warranties contained herein shall be continuing representations and warranties and shall be deemed to have been made by the Borrower and on the date of acceptance of these eRin Terms & Conditions and repeated by him on every day during the subsistence of this Contract including, in particular, on the date of, and on the date prior to each application for, and grant and disbursement of any part of Loan amount.
• The Borrower covenants that the Borrower shall disclose all such information regarding substantial changes in the Borrower’s financial position, address etc. to the Bank from time to time.
• The Borrower authorizes the Bank to obtain a credit report from a Credit Information Bureau (CIB), or other service provider that holds the Borrower’s credit history and related details. The Bank has the right to use the Borrower’s credit report, social media profile/content, cell phone data and employment data for authentication, credit scoring and credit decision purposes. The Borrower’s credit rating will along with some personal and credit information might be displayed with the Borrower’s loan details to other Bank members or the public to facilitate their own credit decision. The Borrower authorizes the Bank to verify information, and the Borrower agrees that the Bank may contact third parties to verify any such information. The Bank will require and obtain from Credit Bureau a copy of the Borrower’s credit report each time the Borrower requests for a Loan.
• The Borrower authorizes the Bank to undertake verification procedures to confirm Borrower’s personal identity, Borrower’s bank account, Borrower’s social status and any other information that the Borrower provides to the Bank through the production of appropriate documentation by the Borrower. The Borrower also accepts that the Bank may provide the Borrower’s information to a third party to conduct information and identity verification and the Borrower hereby authorizes the Bank to request and obtain data from a third party to verify any information about the Borrower.
• The Borrower agrees that it is his sole obligation to pay against the Outstanding Liabilities, as and when they fall or become due.
• The Borrower authorizes the Bank to exercise mandate including e-Mandate, for direct debit of the Borrowers’ account for the Outstanding Liabilities. The Borrower authorizes the Bank to enforce lien on any bank account of the Borrower for the purpose of repayment of the Outstanding Liabilities.
• The Borrower agrees to mandatorily complete KYC verification and also submit bank account details, bank statement which Bank shall be entitled to verify itself or appoint any third party to verify and assess on its behalf.
• The Borrower expressly grants his irrevocable and unequivocal consent to the Bank to exercise and enforce all rights and remedies available to the Bank under this eRin Terms & Conditions without prejudice to any other rights and remedies that the Bank may have under the prevailing laws of the land.
• The Borrower expressly grants his irrevocable and unequivocal to the Bank to appoint/nominate any third party agent, law firm or person to legitimately recover amount of the Outstanding Liabilities from the Borrower.
• Notwithstanding any suspension or termination of the eRin Facility as specified hereinabove, all the provisions of this eRin Terms & Conditions for the benefit or protection of the Bank and its interests shall continue to be in full force and effect as specifically provided herein.
• The Borrower hereby agrees, permits and consents with the Bank that uploading of details and documents on the Website or eRin Mobile Application or providing the same through internet / email to the email address provided by the Borrower at the time of account opening or subsequently modified by way of a written communication. For the sake of clarity all of the above documents are referred to as ‘Digital Loan Documents’. The Borrower acknowledges that once Digital Loan Documents are uploaded/emailed by the Bank at Borrower’s email address registered with it, it shall be deemed to have been received by the Borrower and hence there will be no further requirement on the part of the Bank to send the same physically in the paper based format to the Borrower. The Borrower hereby acknowledges that he has read and understood the following points governing issuance of the Digital Loan Documents by the Bank.
• For the purpose of the above, the email address used would be the same as provided by the Borrower at the time of opening account for eRin Facility. Any change in the email address of the Borrower shall be immediately intimated by the Borrower to the Bank by editing the profile information of the Borrower through the Website.
• The Borrower shall access the Loan Documents electronically. The Borrower understands that it is his responsibility to review all such digital Loan Documents. All information contained therein shall be binding on the Borrower, if the Borrower does not object, either in writing or via electronic mail within 24 hours after any such documents are available to the Borrower.
• The Borrower agrees that, the Bank fulfils its legal obligation to deliver to the Borrower any such Loan Documents if sent via electronic delivery.
• The Borrower agrees that the Bank shall not be responsible for non-receipt of Document(s) sent via electronic delivery due to change in/incorrect email address provided by the Borrower for the purpose or for any other reason which inter alia include insufficient space in the inbox of the Borrower, technical reasons or malfunction of the Borrower/’s computer system(s) server/internet connection etc. It shall be the responsibility of the Borrower to intimate the Bank of any change in the Borrower’s e-mail account(s).
• The Bank shall not be liable or responsible for any document or statement received from frauds or impostors or any consequences thereof.
• The Bank shall not be liable for any problem, which arises at the Borrower’s computer network because of the Borrowers receiving any such statement from the Bank.
• The Borrower hereby indemnifies and agrees to keep the Bank indemnified against all costs, charges, expenses, penalties, claims, demands and damages including legal charges that the Bank may incur or be put to by reason of any third party claiming any right, title or interest in the Loan or any other breach of this Contract or any breach of warranty or misrepresentation by the Borrower. Nothing in this Contract shall be construed as limiting, restricting, making void or otherwise negating any right of set off in favor of the Bank existing or arising in common law, by statute or otherwise howsoever.
• The Borrower irrevocably authorizes/instructs DBL to debit his/her current/savings account maintained with Dhaka Bank Limited with any of its Branch for repayment of the Outstanding Liabilities against the eRin Facility.
• The Borrower hereby undertakes, warrants and represents that the details of the referee(s) provided in the Sanction Letter are genuine and accurate, and where necessary, is up to date. The Borrower further consents that the Bank may, at its discretion, contact to the referee to verify the details of the Borrower and/or disclose to them the details of the eRin Facility at any time.
• In the event the Borrower has lost or destroyed the debit card, credit card, Id, password or any other details of the eRin Mobile Application or eRin Facility or eRin account or believes that the debit card, credit card, Id, password or any other details of the Applications or eRin Facility or eRin account have been stolen or destroyed, or that someone has transferred or may transfer money from the eRin account without his/her permission, the Borrower is under an obligation to notify the Bank immediately. The Bank does not take any responsibility for any unauthorized transactions due to the failure of the Borrower to notify the Bank immediately regarding such lost, destroyed or stolen debit card, credit card, Id, password or any other details of the Application or eRin account or eRin Facility.

• AUTHENTICITY
• The Borrower shall be provided with an OTP for submission of the completed loan application to DBL. Once the Borrower enters OTP in the designated area of the application and clicks the “Accept” icon, the Borrower shall be deemed to have consented to and signed the Sanction Letter.
• The Sanction Letter received by the Bank, completed by the Borrower and signed by entering the code sent by SMS to the Borrower’s phone number (OTP), confirms his/her consent for disclosure of any information about him/her, his/her financial and other liabilities available at Credit Information Bureau (CIB) of Bangladesh Bank.
• The code that the Borrower received by SMS is a unique number (OTP) which ensures the authenticity of the Borrower’s identity. Once the Borrower confirms their consent to this eRin loan application form by entering this OTP number, then the Agreement becomes a valid and binding Agreement upon the Borrower, and the Borrower shall be restrained from repudiating it later.

Any notice or communication to Bank may be given by way of email to the following email address:

Kind Attn.: Dhaka Bank Limited

Email Address: erin@dhakabank.com.bd

Or send a message by filling the form from ‘Contact US’ window available on the Dhaka Bank Website.

• MISCELLANEOUS

Entire Understanding: These eRin Terms & Conditions are to be read and understood in conjunction with the KYC Policy, Loan and Risk Policy, Privacy Policy and any other policies/terms and conditions, etc. that may be displayed on the Website from time to time and represents the entire agreement in respect of the eRin Facility. Any provision of these eRin Terms & Conditions which are prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of prohibition or enforceability but that shall not invalidate the remaining provisions of this eRin Terms & Conditions or affect such provision in any other jurisdiction.

Severability: If any provisions of the Loan Documents are held to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, such provision shall be severed and the remainder of the provisions of such the Loan Documents, as the case may be, shall continue in full force and remain effective as if the Loan Documents had been entered into without the invalid, illegal or unenforceable provisions.

No Assignment: These eRin Terms & Conditions shall inure to the benefit of and be binding upon the respective heirs, successors and assigns of the Parties hereto. Borrower shall not assign, delegate or otherwise transfer all or any part of his rights or obligations under this Contract without the prior written consent of the Bank and any purported assignment made in violation of these eRin Terms & Conditions shall be void. Bank may at any time assign all or any part of its rights, obligations and benefits hereunder to any of its subsidiaries or affiliates or transfer or novate all or any part of its rights, benefits and obligations hereunder, to any third party including any bank, financial institution or institutional Bank.

• LANGUAGE

There shall be an authentic text of the Terms and Conditions in English and an authentic text of an authorized translation in Bengali provided that in the event of conflict between the Bengali and the English text, the English text shall prevail.

BORROWER CONFIRMATION AND ACCEPTANCE

I, THE BORROWER HEREBY CONFIRM AND ACKNOWLEDGE THAT ALL TRANSACTIONS/ACTIONS MADE BY USING THE ELECTRONIC COMMUNICATION OR DIGITAL PLATFORM ARE AS LEGALLY VALID AND ENFORCEABLE AS WRITTEN TRANSACTIONS AND SHALL BE LEGALLY BINDING AND ENFORCEABLE ON THE BORROWER.

I, THE BORROWER HEREBY CONFIRM THAT I AM 18 YEARS OF AGE OR ABOVE AND HAVE THE LEGAL CAPACITY TO ACCEPT THE eRin PRODUCT AND TO BE BOUND BY THE TERMS AND CONDITIONS AND POLICIES THEREOF.

I HEREBY CONFIRM THAT I AM DULY REGISTERED WITH THE eRin APPLICATIONS AND ALL INFORMATION PROVIDED BY ME IN RESPECT OF ACCOUNT REGISTRATION FOR AVAILING THE eRin FACILITY IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE AND BELIEF.

I CONFIRM THAT I HAVE FULLY UNDERSTOOD THESE TERMS AND CONDITIONS. THE BANK IS ENTITLED TO USE THE SAID INFORMATION AS WELL AS INFORMATION FROM ANY SOCIAL, MOBILE NETWORK. THE BANK IS FURTHER ENTITLED TO ASSIGN, TRANSFER THE LOAN (IN FULL OR PART) ALONG WITH INTEREST TO ANY OTHER COMPANY, APPROVED BY BANGLADESH BANK.