API GATEWAY TERMS AND CONDITIONS OF SERVICE

These Terms and Conditions (hereinafter the “T & Cs”) apply to the Client (hereinafter “You” or the “Client”) of the API Gateway offered by Telenor Microfinance Bank Ltd. (hereinafter the “TMB” or “Telenor Bank”).

These terms and conditions (“Terms”) govern your use of the API Gateway, including any APIs, tools, content, or IP Rights available in the portal (“API Gateway/ Developer Portal”). Please read these Terms carefully, as they are a legal agreement between You (“you”, “your”) and Telenor Microfinance Bank Limited (“TMB,” “We,” or “Us”).

By choosing to use this Service You agree to establish a direct contractual relationship with the Bank and You further agree to be bound by the Bank’s terms and conditions of use of the Service as well as the applicable laws, rules, regulations and policies etc.

These Terms and Conditions are non-exhaustive. Sometimes additional terms or product requirements (including registration requirements) may apply. Additional terms will be available with the relevant Services, and those additional terms become part of your Agreement with us if you use those Services.

  1. Registration & Signup

1.1.  Creating an account over TMB Open API platform is free and easy. Simple sign up and self-registration process allows You to create their accounts before testing any API. When You get registered, by completing the requisite information necessary for registration. It is imperative that You enter all the information correctly and to the best of your knowledge. In the event that TMB apprehends or has reason to apprehend that the information so provided is incorrect, false, or misrepresented. TMB shall cancel your registration and initiate appropriate proceedings you, which may include legal proceedings.

1.2.  You will be required to provide a valid email address while creating your Developer Account for purposes of verifying your account. You are responsible for ensuring that the email address associated with your Developer Account is accurate and secured with a strong password.

1.3.  You will be assigned a unique Client ID and Client secret. You are responsible for the activity that happens on or through your Developer Account. Therefore, to protect your Developer Account, keep your password/ Client ID/ Client Secret confidential. In the event that this data is compromised, immediately let TMB know. ‘Contact Us’ and ‘Support’ is available for users to for any help required.

1.4.  You are responsible for keeping your Sign-In Credentials (Client ID and Client Secret) confidential, and you must not disclose them to anyone. You must also comply with the following requirements:

1.4.1.     Notify us immediately of any potential or actual disclosure of your Sign-In Credentials.

1.4.2.     Take all reasonable and necessary steps to prevent others from accessing your Profile, including signing-out after each session.

1.4.3.     Not leave your Device unattended while logged into the API Gateway, and take reasonable steps to protect your Device against loss or theft.

1.4.4.     Use reasonable security measures, which include up-to-date virus scanning software and a firewall system, if such security measures are available on your Device.

1.4.5.     Comply with any additional security requirements that we may require in connection with the API Gateway.

1.4.6.     From time-to-time, we may require you to update your Sign-In Credentials. We will not be responsible for any losses that may result if you share or lose your Sign-In Credentials. You are liable for all activity on the API Gateway associated with your Profile, Sign-In Credentials and Client Secret,

1.5.  We are not responsible for personal data transmitted to a third party as a result of you providing an incorrect email address or deliberately or inadvertently providing, allowing a third party access to your registered email address and or Developer Account.

1.6.  We shall reasonably endeavor to activate your Developer Account within a reasonable timeframe. Telenor Bank will not be liable for any costs or expenses, breach of expectations or any other liabilities that could arise as a consequence of any delay occasioned by the failure to activate the Developer Account within your expectations.

1.7.  Once the user creates account, he will be allowed to access the TMB sandbox environment API’s, to experiment the integration of sample codes and API’s. Documentation for each API will be available to provide insight and help the user.

1.8.  Users will be able to integrate and test their applications hassle free inn sandbox environment. ‘Contact Us’ and ‘Support’ is available for users to for any help required.

 

  1. USING THE API GATEWAY

2.1.  Using TMB Open API developer portal, You can browse through the use-cases which are published by TMB as an open API service and can identify the use-case as per Your need. TMB API Gateway is a full solution for external users to integrate via TMB Open API’s.

2.2.  The API Gateway is a “sandbox” (test) environment for you to develop and test Apps. Through the Developer Portal, you will be able to access certain APIs, and applicable documentation for the purpose of developing and testing Apps

2.3.  The TMB Developer’s Portal provides a customizable self-service web-based portal to explore, discover, and subscribe to TMB Open APIs. You can access the API Gateway UI to register their applications, discover APIs, use the required APIs in their applications (with access approval where necessary), and subsequently deploy those applications via a systemic process designed by TMB

2.4.  After integration and sandbox testing, You can request for production environment access, over API Gateway. For production environment access, to use our API’s, you have to get in touch with our business teams. The business onboarding will be done in parallel with the development. The business onboarding entails number of steps including, but not limited to:

2.4.1.     Vendor onboarding

2.4.2.     Contract signing

2.4.3.     Billing charges agreement and much more.

2.5.  TMB sales or business team will get in touch for the  aforementioned onboarding and contractual requirements with the You and to finalize the product pricing with client against each API.

2.6.  Once the user is done with business and contractual requirements, he will go to the production API Gateway and create an account, once the account is created, he will be able to create apps and subscribe to production API’s. Upon app creation Client ID, and Client Secret will be generated on API Gateway which will be used in the header parameter of every API. Please note, Client Secret only appears on the screen for one time so do not miss it.

2.7.  For production environment team will also provide 1 JIRA ID to the user where they will raise production support tickets to the team in case of any issue.

2.8.  You must follow any policies made available to you within the Services. TMB only grants you a non-exclusive, non-transferable, non-sub-licensable, revocable license, to access and use the API Gateway.

2.9.  It is imperative that you use our Services in the manner that they are provided for and abstain from misusing our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that are provided to you by TMB either in these Terms & Conditions, or otherwise intimated to you from time to time. You may use our Services only as permitted by law. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.

2.10.                 Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.

2.11.                 You agree and acknowledge that TMB is the sole owner of the branding, logos or names (“Marks”) "Marks" means all trademarks, service marks, logos or trade names used to identify TMB and its products and services used in our Services. You also agree not to contest or aid in contesting TMB’s rights in, or the validity of, those Marks, including, but not limited to, by applying to register any Mark that is confusingly similar to those TMB Marks.

2.12.                 Our Services display some content that is not TMB’s. This content is the sole responsibility of the person that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law.

2.13.                 In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. It is recommended that you adhere to the same.

 

  1. CLENTS CONTENT AND PRIVACY OBLIGATIONS

3.1.  The API Gateway will allow you to test the API’s in the test environment; similarly, you may submit, store, send or receive content within the community and or blog. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.

3.2.  Your content must not violate, or encourage or facilitate the violation of, our terms and conditions or third-party intellectual property rights. TMB is not responsible for your content that violates third party Intellectual property rights.

3.3.  Privacy

3.3.1.     TMB’s privacy policy explains how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that TMB can use such data in accordance with our Privacy Policy.

3.3.2.     At all times, your use of the API Gateway will comply with all Applicable Law and best practices concerning privacy, data protection and on demand or downloadable software.

3.3.3.     The consents and authorizations contained in these Terms will not change any other consent, authorization or preference you have given or may give to TMB regarding the collection, use and disclosure of your information.

3.3.4.     You authorize us to collect, use and disclose your personal information, including information you provide while registering and using the API Gateway, to provide you with access to the API Gateway.

3.3.5.     We may use your information for any purpose in connection with the API Gateway, and assessing, evaluating and reporting on the API Gatway, including the following:

3.3.5.1.          To verify your identity.

3.3.5.2.          To help us better understand the current and future needs of API Gateway Users and our clients.

3.3.5.3.          To communicate to you any benefit, feature and other information about the API Gateway.

3.3.5.4.          To help us better manage our business and your relationship with us.

3.3.5.5.          As required or permitted by Applicable Law.

3.3.6.     We may share your information with our employees, our agents and our Third Party Service Providers. In the event a Third Party Service Provider is located outside of Pakistan, it is bound by, and information may be disclosed in accordance with, the Applicable Law of the jurisdiction in which it is located.

3.3.7.     We may combine your information with any other information for reporting purposes. This will contain aggregated and anonymized information so gathered throughout the API Gateway.

3.3.8.     We may also use your information to comply with valid requests for information about you from regulators, government agencies, public bodies, or other entities who have a right to issue such requests.

 

  1. LICENSE GRANTED TO YOU

4.1.  You get a license to use the API Gateway, which we can terminate if necessary.

4.2.  TMB grants you a non-transferable, non-exclusive, non-sub-licensable license for the use of the API Gateway, at no charge and subject to these Terms, or any Terms that may supplement these Terms from time to time.

4.3.  Except as permitted by these Terms, you shall not distribute, sublease, transfer, copy, reproduce, download, display, modify or timeshare the API Gateway, or any portion thereof, and you shall not use it as a component of products or services prepared for commercial sale, sublicense, lease, access or distribution. TMB reserves all rights in the API Gateway not expressly granted to you under these Terms. You agree to protect the API Gateway from unauthorized access, copying or use.

4.4.  TMB retains the right to terminate the license given under these Terms at any time, without notice to you. Any license granted by these Terms will automatically terminate if you violate these Terms.

4.5.  These Terms relate solely to developing, testing, and using Apps in the API Gateway, which is a “sandbox” environment, and they do not grant you any right or license to conduct or process transactions using our services or systems, or authorize individuals outside of your legal entity to access or use the API Gateway.

 

  1. APP OWNERSHIP AND DEVELOPMENT RIGHTS

5.1.  You grant us a license to use your Apps; we may develop competing applications

5.2.  You retain ownership of IP Rights in your Apps. You grant TMB and its affiliates a perpetual, non-exclusive, no-charge, royalty-free, irrevocable license to reproduce, use, sublicense, and distribute your Apps, both internally and externally, and to create new applications and IP rights, which are based on, or derivative of, your Apps.

5.3.  You acknowledge and agree that we may independently create apps, content, and other products or services that may be similar to or competitive with your Apps and their content. Nothing in these Terms will restrict or prevent us from creating  such apps, content, and other items, without any obligation to you.

 

  1. TMB’s Intellectual Property Rights

6.1.  All IP Rights in the API Gateway belong exclusively to us. All right, title and interest (including, without limitation, all Intellectual Property Rights) in and to the API Gateway (including any documentation for the API Gateway) and any modification, improvements, derivative works or updates or upgrades shall remain exclusively with TMB.

6.2.  If you provide us feedback or suggestions regarding the API Gateway, which may include suggestions for, or feedback concerning, improvements, modifications, corrections, enhancements, derivatives or extensions, as well as branding ideas (“Feedback”). It is agreed that any Feedback shall be solely owned by TMB. TMB may develop technology, modifications, corrections, enhancements, derivatives or extensions (“Improvements”), and further may also develop branding elements, based on such Feedback, and such Improvements and branding elements, and any IP Rights therein, particularly any intellectual property registrations, shall be owned exclusively by TMB. You agree to sign such further documents as may be required reasonably to confirm such ownership by TMB.

6.3.  You may not use any TMB trademark unless otherwise approved by us in writing.

6.4.  You shall not take any steps and shall not assist or provide consent to any third party to take steps, to dispute or contest the ownership, validity, or enforceability of any TMB Intellectual Property Rights.

 

  1. ACCEPTABLE USAGE WHEN USING THE API GATEWAY AND CONSEQUENCES OF BREACH

7.1.  When accessing the API Gateway, or developing your Apps, you will not:

7.1.1.     Gain unauthorized access or use to, or otherwise damage, impede, or disrupt our Services or systems, including through fraudulent or disruptive means

7.1.2.     Engage in fraudulent or illegal conduct of any kind

7.1.3.     Access or use the API Gateway for the benefit of our competitors, or to compete with us.

7.1.4.     Transmit any viruses, worms, defects, Trojan horses, or any programming of a destructive nature.

7.1.5.     Store or archive the API Gateway, or any part thereof, to your own or a third party’s computer systems or storage devices.

7.1.6.     Access or use the API Gateway to create Apps that offer or promote services that may be damaging to, disparaging of, or otherwise detrimental to us or our partners.

7.1.7.     Assign or transfer your rights or obligations under these Terms.

7.1.8.     Distribute, publish, or allow access or linking to the API Gateway from any location or source other than your Apps.

7.1.9.     Use robots, spiders, crawlers, scraping or other similar technology to access or use any TMB sites or services to obtain any information beyond that which TMB provides to you under these Terms.

7.1.10.  Modify, decompile, reverse engineer or otherwise alter the API Gateway.

7.1.11.  Use the API Gateway in a manner that exceeds reasonable request volume, constitutes excessive or abusive usage or otherwise fails to comply or is inconsistent with any part of the API Gateway documentation.

7.1.12.  Use any information we provide to dispute or contest the validity of TMB’s IP Rights.

7.1.13.  Use the names, trade names, trademarks, service marks, slogans, logos, domain names, or other indicia of TMB in any way.

7.1.14.  Remove any copyright notice or other TMB source identifier contained in the API Gateway.

7.1.15.  Perform any kind scanning/exploitation activity on systems/URLs/IPs being provided access to.

7.2.   In the event that you are found to breach these terms or act in contravention thereof, we reserve the right to take necessary action against you, which may include, but not be limited to, suspension/removal of your access to the API Gateway. Telenor Bank, in addition to any other remedies that it may have under Applicable Law, reserves the right to legal recourse as a matter of right.

 

 

  1. MODIFICATION/ SUSPENSION & TERMINATION OF SERVICES

8.1.  We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.

8.2.  You can stop using our Services at any time. TMB may also stop providing Services to you, or add or create new limits to our Services at any time.

8.3.  TMB may also discontinue your access and use of our Services at any time or suspend your access to some content on the API Gateway: (a) if you breach any provision of these Terms of Service, or any other terms and conditions that may supplement this document; (b) if you delete your Developer Account; (c) if TMB is required to do so by law; (d) if TMB ceases to offer any services covered by these Terms of Service; (e) if you or your application become a threat to users or the API Gateway.

8.4.  TMB may also suspend provision of the Services in order to address any security threat.

8.5.  Upon any termination or suspension of access, you may lose access to any content, materials or information that you provided to tmb related to your app or through the API Gateway.

8.6.  TMB believes that You own your data and preserving your access to such data is important. If TMB discontinues the Service (or part thereof), where reasonably possible, TMB shall strive to provide You reasonable advance notice and a chance to get information out of that Service.

 

  1. REPRESENTATIONS, WARRANTIES and DISCLAIMERS

9.1.  You represent and warrant the following:

9.1.1.     Any information you provide to us in connection with your Profile registration, and use of the API Gateway and Apps is true and correct.

9.1.2.     You own or have properly licensed all rights to any content necessary to develop, distribute, and use your Apps, or any other content or IP Rights you use in relation to the API Gateway.

9.1.3.     Your use of the API Gateway will comply with these Terms and all Applicable Law

9.2.  Other than as expressly set out in these terms or additional terms, TMB, to the fullest extent permitted by Applicable Law, disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement of third-party rights.

 

  1. INDEMNITY

10.1.                 You will indemnify, defend and hold TMB, our affiliates, agents, and licensors harmless from all costs and expenses (arising from any third party claim relating to: (a) your breach of these Terms of Service or any act or omission by you in connection with your use of the API Gateway; (b) your application; or (c) your collection or use of User Data. You may not settle any claims that limit our rights without our prior written consent (which will not be unreasonably withheld).

 

  1. LIMITATION OF LIABILITY

11.1.                 To the fullest extent permitted by law, in no event will, TMB ,its affiliates, or agents be liable for (a) any indirect, special, incidental, punitive, exemplary or consequential (including loss of use, data, business, or profits) damages, regardless of legal theory, or (b) loss of use, data, business, revenues, or profits (in each case whether direct or indirect), even if TMB API Gateway knew or should have known of the possibility of such damages.

11.2.                 To the fullest extent permitted by law, the maximum aggregate liability of TMB, its affiliates, and agents for all claims relating to our services will not be more than the greater than any amounts paid by you to Telenor Bank for the services in question during the six (06) months prior to the event giving rise to liability.

 

  1. MISCELLANEOUS

12.1.                 TMB may modify these terms or any additional terms from time to time at their sole discretion. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. We’ll post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal or regulatory reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.

12.2.                 These terms of service will be governed by the laws of the Islamic Republic of Pakistan. All claims arising out of or relating to these terms or the services litigated exclusively in Pakistan except you agree that TMB may apply for injunctive relief in any jurisdiction.

12.3.                 These Terms of Service, along with any licenses to the API Gateway, our Privacy Policy, and our Developer Guidelines, constitute the entire and exclusive agreement between you and TMB with respect to the API Gateway, and supersede and replace any prior or contemporaneous agreements, terms, and conditions applicable to the API Gateway.

12.4.                 These Terms of Service create no third-party beneficiary rights. TMB’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of the Terms of Service will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible.

12.5.                 You may not assign any of your rights in these Terms of Service, and any such attempt is void, but TMB, may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.

12.6.                 TMB and You are not legal partners or agents.

12.7.                 If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.

12.8.                 If it turns out that a particular term is not enforceable, this will not affect the enforceability of any other terms.

 

 

 

 

THIRD PARTY SERVICE PROVIDERS

Other people help us operate the API Gateway; there are limitations on your use of their content

We use Third Party Service Providers to provide or to assist us in providing API Gateway. When using the API Gateway:

  • You may use Third Party Content solely for your own use,
  • You may not sell, distribute or otherwise use Third Party Content or other information from the API Gateway, and you may not permit such distribution or use by anyone else, and
  • You may not provide or make available any Third Party Content to any provider of products or services similar to those products and services provided by the Third Party Service Providers.

You understand and agree Third Party Content is provided “as-is” and “as available”, and that we and the Third Party Service Providers expressly disclaim all warranties (express and implied), including, without limitation, any warranties regarding accuracy, completeness, merchantability or fitness for a particular purpose. Third Party Service Providers do not guarantee the correctness of the Third Party Content and will not be liable for any losses or damages (including without limitation, any indirect or consequential damages) caused by use of the Third Party Content or errors or interruptions in the transmission of the Third Party Content.

Third Party Service Providers retain all ownership rights, including all intellectual property rights, in Third Party Content and their trademarks and logos that appear on the API Gateway. Nothing in these Terms or the API Gateway should be interpreted as conferring any right for you (1) to use Third Party Content in any way other than as expressly permitted in these Terms, or (2) to use any Third Party Service Provider trademarks or logos.

You agree that we and Third Party Service Providers may use information and content you provide through the API Gateway to create statistical, profiling, performance or operational reports about the API Gateway. These reports may be shared with third parties, in which case, the information in the reports will not be attributable to you.

In no event, even if a Third Party Service Provider is negligent, will the Third Party Service Provider be liable to you for any losses or damages caused by or in any way related to the API Gateway. Such losses or damages include without limitation (1) direct, incidental, indirect, consequential, special, aggravated, punitive or exemplary damages, (2) loss of data, profits, information, opportunity, revenues and goodwill, and (3) any other business interruption, commercial or economic losses.