These Terms and Conditions (“Terms”) govern your use of the SBAC TradeEX mobile application (“App”), operated by SBAC Bank Investment Limited (“SBIL”, “we”, “us”, or “our”). By downloading, accessing, or using the App, you agree to be bound by these Terms. If you do not agree, you must not use the App.
These Terms constitute a legally binding agreement between you and SBIL under the laws of Bangladesh.
1. Eligibility
To open and operate a trading account via the App, you must:
- Be at least 18 years of age.
- Hold a valid SBAC Bank Investment Limited BO account.
- Provide accurate, complete, and up-to-date information.
By using the App, you represent and warrant that all information you provide is true and accurate.
2. Account Registration and Security
- You are solely responsible for maintaining the confidentiality of your login credentials, including your username, password, PIN, and biometric authentication data.
- You must immediately notify SBIL if you suspect any unauthorized access or activity in your account.
- SBIL may require Multi-Factor Authentication (MFA), such as one-time passwords (OTPs), in accordance with BSEC’s two-factor authentication and endpoint security requirements.
- SBIL shall not be liable for losses arising from misuse of account credentials unless you have provided prompt notice of suspected unauthorized access.
3. Services Provided
The App allows you to:
- Place buy and sell orders for securities.
- View account balances, portfolio holdings, and transaction history.
- Access real-time or delayed market data subject to data feed availability.
- Receive trade confirmations, statements, and account notifications.
“Business days” mean Sunday to Thursday, excluding public holidays. Orders placed outside business hours will be processed on the next working day. SBIL may modify, upgrade, or discontinue features with reasonable prior notice where practicable.
4. Trading and Transactions
- All trading activities are governed by BSEC regulations, DSE/CSE rules, and SBIL’s internal policies.
- Submitting an order does not guarantee execution; execution depends on market conditions and liquidity.
- SBIL is not responsible for delays, partial execution, or rejection of orders caused by market volatility, exchange rules, or system outages.
- Margin facilities are provided in accordance with the BSEC (Margin Rules), 2025.
5. Fees and Broker Charges
- Applicable fees and charges shall follow SBIL’s published schedule, available on the App or website or BO Account opening form.
- All charges are subject to VAT, taxes, and regulatory levies where applicable.
6. Use of the App
You agree not to:
- Use the App for unlawful or unauthorized activities.
- Attempt to gain unauthorized access to SBIL systems or servers.
- Copy, reverse-engineer, modify, or distribute the App or its components.
7. Market Data and Information
- Market data provided through the App originates from third-party sources.
- SBIL does not guarantee the accuracy, completeness, or timeliness of such data.
- Introducing malware, viruses, or conducting activities intended to disrupt the App is strictly prohibited.
8. Risk Disclosure
- Past performance of securities does not guarantee future performance.
- SBIL does not provide investment advice and does not accept responsibility for losses resulting from your trading decisions.
- You acknowledge the risks associated with online trading, including market volatility and potential system or connectivity failures.
9. Limitation of Liability
SBIL shall not be liable for losses arising from:
- Technical or system failures, internet disruptions, or power outages.
- Market volatility, price fluctuations, or adverse conditions.
- Natural disasters, cyberattacks, or regulatory actions.
- Unauthorized access resulting from your failure to safeguard account credentials.
SBIL’s maximum aggregate liability shall not exceed the total fees you paid to SBIL in the preceding 12 months.
10. Privacy and Data Protection
- Your use of the App is subject to SBIL’s Privacy Policy, which explains how your data is collected, used, stored, and shared.
- Data is managed in accordance with the Data Protection Act, 2023, BSEC guidelines, and applicable laws.
- SBIL uses reasonable safeguards to protect your data but is not responsible for breaches caused by your negligence in securing your credentials.
11. Intellectual Property
- All content, trademarks, logos, and software within the App are owned by SBIL or its licensors.
- You may use the App only for personal and trading purposes.
- Unauthorized use, reproduction, or distribution of SBIL’s intellectual property is prohibited and may result in legal action.
12. Account Suspension and Termination
SBIL may suspend or terminate your access if you:
- Violate these Terms.
- Provide false or misleading information.
- Engage in illegal or fraudulent activities.
- Breach BSEC or exchange regulations.
Termination may occur with or without notice and may result in immediate loss of App access.
13. Amendments to the Terms
SBIL may amend these Terms at any time. Updated Terms will be published in the App and on the SBIL website. Continued use of the App constitutes acceptance of the revised Terms.
14. Force Majeure
SBIL shall not be liable for delays or failure to perform obligations caused by events beyond its control, including:
- Natural disasters
- Government actions
- Exchange directives
- Cyberattacks
- Communication failures
SBIL may suspend services during such events without incurring liability.
15. Dispute Resolution
- Parties shall attempt to resolve disputes through amicable negotiation within 15 days of written notice.
- If unresolved, disputes shall be subject to the exclusive jurisdiction of the courts of Dhaka, Bangladesh.
16. Indemnity
You agree to indemnify and hold SBIL harmless from losses, claims, or damages arising out of:
- Your breach of these Terms.
- Misuse of the App.
- Violations of applicable laws.
- Device or internet issues under your control.
17. Governing Law and Jurisdiction
These Terms are governed by the laws of Bangladesh. All disputes shall fall under the exclusive jurisdiction of the courts of Dhaka.
18. Termination by the Client
You may terminate your account by providing 15 days’ written notice. You must settle all outstanding dues before termination. Termination does not affect obligations arising prior to the effective date.
19. Severability
If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall continue in full force.
20. Assignment
- You may not assign your rights or obligations under these Terms without SBIL’s prior written consent.
- SBIL may assign its rights to affiliates or third parties with prior notice to you.
21. Electronic Communications
By using the App, you consent to electronic delivery of notices, confirmations, and updates via email or App notifications. You must keep your contact information accurate and up to date.
22. Compliance with Laws
You agree to comply with all applicable laws, including anti-money laundering (AML) and counter-terrorism financing (CTF) laws. SBIL may request additional documentation and may suspend services if suspicious activity is detected.
23. Investor Redressal Mechanism
- All grievances are monitored and handled by SBIL’s Compliance Officer.
- Complaints may be submitted via email or in writing.
- Acknowledgment will be issued within 3 working days and resolution provided within 15 working days.
- Unresolved matters may be escalated to the Board of Directors.
24. Refund and Cancellation Policy
- Fees paid for account opening or services are generally non-refundable.
- Duplicate or erroneous payments will be refunded within 7 working days after validation.
- Order cancellations are only allowed before execution; no refunds apply thereafter.
25. Contact Information
SBAC Bank Investment Limited
Registered Address: BSC Tower (6th Floor), 2 & 3 Rajuk Avenue, Dhaka-1000, Bangladesh
General Support: support@sbacbsl.com.bd