PLEASE READ THE HISHABEE BUSINESS MANAGER TERMS AND CONDITIONS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND HISHABEE TECHNOLOGIES LIMITED.
1. Contractual Relationship
1.1. Before using the Service, you acknowledge that you have carefully read, fully understood, and agree to and accept all of the clauses of this Agreement (if you are a minor, you must read all of the clauses of this Agreement with the assistance of your legal guardian). If you do not agree to all of the clauses of this Agreement, you have the full right to terminate your use of the Service. By using the Service, you are deemed to have read and accepted this Agreement.
1.2. These Hishabee Business Manager Terms and Conditions (hereinafter referred to as “Terms”) govern your access and use of applications, websites, content, products and services relating to Hishabee Business Manager (hereinafter referred to as “Services”) made available by Hishabee Technologies Limited, a private limited company established as per the Companies Act, 1994 of Bangladesh (hereinafter referred to as “Hishabee”).
1.4. By accessing or using the Service, you agree to be bound by the Hishabee Business Manager Terms. If you do not agree to the Terms, you may not access or use the Service. Hishabee may immediately terminate these Terms or the Service with respect to you, or generally cease offering or deny access to the Service or any portion thereof, at any time for whatsoever reason Hishabee deems it to be fit.
2. The Services
2.1. The Services encompass a technology platform facilitating users of Hishabee’s mobile applications or websites (referred to as “Applications” hereafter) to manage and sustain various business operations, which may include, but are not limited to:
2.1.1. Hishabee Dokan;
2.1.2. Hishabee Paikari;
2.2. The Sales Manager is a part of the Service which comprises various digital features essential to virtually regulate, process and record the transactions and administrative data of a business. The records of any accrued or advanced payments or expenses shall also be included within this platform. Additionally, your Stock Count and Auditing priorities will be sorted by recording and processing the related information and data. By using the Point of Sales system of the Service, you acknowledge that Hishabee will also keep a track of all of your sales, purchase, expense and other administrative data. The information or details pertaining to printing of receipts, involves, orders etc. will also be recorded and processed through this platform. As such, you consent to Hishabee collecting, gathering and processing and generating such data for the purposes rendering the Services to you.
2.3. As a supplement to this Service, Hishabee will send you SMS reminders and notifications to your Account, helping you to keep track of the consumers’ outstanding payment to you. Any such SMS will incur charges that will be processed at your expense.
2.4. The Sales Manager will further facilitate your business’s marketing strategies, by providing you with the platform to give discounts and other promotional offers to the consumers. Any discount or promotional offers offered by you is solely to be provided at your own expense and responsibility. Hishabee will not facilitate your promotional activities only apart from providing you with the digital platform to do so. Any claims arising out of the discounted or promotional offers will be your sole responsibility and Hishabee will not be responsible in this regard.
Digital Payment and EMI
2.5. The consumers can make secured digital payments using the scheduled debit or credit cards and any other Mobile Financial Service providers (MFS). The scheduled cards and MFS recognised by Hishabee are provided here: https://www.sslcommerz.com/online-emi/#1489503962481-b1168d80-ea38.
2.6. The consumer will be provided with a payment link to make the payment. You can share that payment link with the concerned consumer via SMS, Whatsapp, Viber, Messenger etc. Any SMS sent by you to the consumer will incur a charge that will be processed at your expense. The consumer may also make the payments through a secured QR code or manually generated invoice.
Account Book Manager
2.7. The Account Book Manager is a part of the Service which comprises various digital features essential to track or keep a record of various business transactions and records pertaining to, but not limited to income, expense, sales, purchases, inventories, debtors, creditors etc. Hishabee will accumulate all the data and information pertaining to such accounts in order to process them in a structured and accounted manner, and also to provide you with further Services.
Access and Use of the Hishabee Business Manager
2.8. This part sets out the additional obligations that apply to your choice to use the Hishabee Business Manager. These Terms apply in additions to any other rights or obligations set out in the Terms.
2.9. The E-Commerce Store is a cross-connection platform of the Account User and the consumer. The terms mentioned hereinbelow, unless expressly mentioned otherwise, will apply to you, the Account User.
2.10. The E-Commerce platform will allow you to display, advertise and sell your products to the consumers through your personal E-Commerce site. Your E-Commerce store will be virtually connected to your Account through which all the transactions and business records can be recorded and tracked.
2.11. The E-Commerce platform will allow you to directly chat with the consumers or prospective consumers. Any representations made by you to the consumers via the chat-system will be your responsibility and Hishabee excludes itself of any liabilities arising out of such chat. You warrant and affirm that no such comments, remarks advise, statements, images or content shall be sent by you to the consumer or prospective consumer that either violates the Terms, contravenes any laws at that time in force or brings the reputation of Hishabee into disrepute.
2.12. All orders received by your E-Commerce Store or Hishabee Marketplace must be fulfilled by a verified delivery partner by Hishabee Delivery. If you wish to do your own delivery, you must first get yourself verified with Hishabee Delivery and obtain an account. You must abide by the terms and conditions of Hishabee Delivery at all times. Please visit https://www.hishabee.delivery/terms-of-use for more information.
2.13. The Account Book Manager is a part of the Service which comprises various digital features essential to promote and advertise your product or services. Your personalised advertisement, upon the approval of Hishabee, can be run or displayed in various online social media or other platforms such as Facebook, Instagram, YouTube, Google etc. Such advertisements will include charges, and based on the content, the charges will vary from time to time and will be set by Hishabee. You will be responsible to pay the said charges.
2.14. This platform further enables you to promote or advertise your product/services through SMS services. Such advertisements will include charges, and based on the content, the charges will vary from time to time and will be set by Hishabee. You will be responsible to pay the said charges.
2.15. Hishabee will assist you with creating leaflets, banners and more through professional designers, and for such Service, you will incur further charges.
2.16. You shall not authorise any third parties to use your Hishabee Business Manager Account (hereinafter referred to as “Account”) to access and use the Services. You agree to comply with all applicable laws and regulations of Bangladesh at the time being in force, and also the terms and conditions of Hishabee when accessing or using the Services; you shall only use or access the Account for lawful purposes.
2.17. You agree that before using the Account and/or availing the services through the E-commerce platform, you are well aware of the products or services sent or requested by you, are legal and within the limits of your permission to trade in Bangladesh.
2.18. You acknowledge that as a trader in Bangladesh, you are required to obtain certain documents and permissions from the Bangladesh government, and as such, you have obtained those documents and permissions and kept them updated accordingly in order to make the usage of the Service lawful. Hishabee will not be liable in whatsoever manner, should you be found to be trading or using the Services without having necessary and up to date permissions and documents from the Bangladesh Government. Such liability is fully excluded from the part of Hishabee, and you will be fully responsible for your own compliance obligations.
2.19. You shall not, in your access or use of the Account cause nuisance, annoyance, inconvenience, or personal or property damage, whether to Hishabee, Consumer or any third parties.
2.20. You shall not misrepresent your own products and services to either the consumer or Hishabee while featuring that product or service through the Services. Any claims arising out of your misrepresentation, fraud, breach of trust, confidentiality or any other responsibilities that are vested upon you as a trader under the laws of Bangladesh, shall be your own responsibility, and Hishabee will be absolutely excluded from such liabilities.
2.21. In case of the commission or allegation of any malpractice to have been committed as an Account User, Hishabee, after allowing you the opportunity to make your presentation of the case, will decide how to dispose of the matter. This provision is only applicable in terms of any breach of any Terms, and not of any laws or regulations of Bangladesh at that time in force. In as much, while disposing of the case, Hishabee retains the right to either terminate, cancel, or suspend your Account or a portion of your Account, without any refund whatsoever or in any other ways Hishabee deems it to be fit.
2.22. You shall not access the Account or use the Services to purchase, sell, feature, advertise or display any Prohibited Items. The Prohibited Items shall include, but are not limited to:
2.22.2. Illegal items;
2.22.3. Firearms, weapons, ammunition, and their parts;
2.22.5. Medicines or tobacco without an appropriate licence;
2.22.6. Recreational drugs, drug or paraphernalia;
2.22.7. Currency (paper or coins) of any nationality, securities (including stocks and bonds, share certificates and blank signed share transfer forms), coupons, stamps, negotiable instruments in bearer form, cashier’s cheques, travellers’ cheque, money orders, passports, credit/debit/ATM cards, lottery tickets, gambling devices work or arts, antiques etc.;
2.22.8. Dangerous or hazardous items, including explosives, items that are poisonous or flammable (e.g., paints or adhesives containing a flammable liquid), hazardous waste (e.g., hypodermic needles), or medical waste;
2.22.9. Stolen goods;
2.22.10. Sexual aids; obscene or pornographic material;
2.22.11. Livestock, regulated species (e.g., noxious weeds, prohibited seeds), human corpses, organs or body parts, blood, urine and other liquid diagnostic specimens or animal parts, blood, or fluids;
2.22.12. Gold and silver ore, bullion, precious metals and stones, jewellery, semi-precious stones including commercial carbons or industrial diamonds without an appropriate licence;
2.22.13. Any items that Hishabee at its sole discretion deems unfit to be sold, purchased, advertised, featured or displayed through the Service.
2.23. The above list of Prohibited Items is non-exhaustive. Hishabee retains the discretion to add or remove any item to that list. For a current list of Prohibited Items, please click here: https://hishabee.business/e-commerce-prohibited-items
2.24. You also agree that, upon becoming aware of the commission of any offence or your attempt to commit any offence using/through the Service, Hishabee reserves the right to report such offence and any information relating to the office to the relevant law enforcement authorities. If you are unsure on the legality of being allowed to sell any items on Hishabee provided E-Commerce, please independently consult legal services. Hishabee will take appropriate measure to vet any and all items being sold in Hishabee provided E-Commerce, however, Hishabee will not take any responsibility for the consequences for the items you sell.
2.25. Hishabee primarily offers a few sets of packages for the Service, and such packages may vary from time to time and will be subjected to constant review of Hishabee. Any changes or alteration to the packages will be duly notified to you.
Refusal or Rejection of Services
2.26. Hishabee shall, prior to engaging into any agreement with you, reserve the right, after giving valid reasons, refuse to provide you with its Services under any package it deems fit.
3. Disclaimers; Limitation of Liability; Indemnity
3.1. The Service is provided “as is” and “as available”. Hishabee disclaims all representations and warranties, express, implied, or statutory, not expressly set out in these Terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, Hishabee makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the Service or any services or goods requested through or delivered through the use of the Service, or that the Services will be uninterrupted or error-free. Hishabee does not guarantee the quality, suitability, safety or ability of the Account Users. You agree that the entire risk arising out of your use of the Service, and any service or goods requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law.
Limitation of Liability
3.2. In no event whatsoever shall Hishabee’s aggregate liability shall exceed the amount paid by you for the Service.
3.3. Hishabee shall not be liable for indirect, incidental, special, exemplary, punitive, or consequential damage, including loss of profits, lost data, personal injury, or property damage related to, in connection with or otherwise resulting from any use of the Service, regardless of the negligence (either active, affirmative, sole, or concurrent) of Hishabee, even if Hishabee has been advised of the possibility of such damages.
3.4. Hishabee shall not be liable for any damages, liability or losses arising out of:
3.4.1. Your use of or reliance on the Service or your inability to access or use the Service; or
3.4.2. Any transaction or relationship between you and Hishabee and any Account User, even if Hishabee has been advised of the possibility of such damages, Hishabee shall not be liable for delay or failure in performance resulting from causes beyond Hishabee’s reasonable control.
3.4.3. The aforementioned clauses will apply to the Account User as well as the consumers.
3.4.5. You assume exposure to and risk of any loss, theft, tampering or delay in your use of the Service. Hishabee does not maintain insurance for loss, damage, or theft. You should contact an insurance agent or broker if insurance coverage is desired. Hishabee does not provide insurance coverage.
3.6. If you, the consumer and Account user, use the Service to arrange delivery and send products not otherwise prohibited by these Terms, you assume full responsibility for such item after delivery, including any damage due to temperature sensitivity and/or tampering. You further assume full responsibility for chilling any perishables immediately upon delivery to help maintain the safety and quality of those items. In as much, Hishabee will not be liable whatsoever from any claims arising out of nature as prescribed in this paragraph.
3.7. You agree to indemnify and hold Hishabee and its affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including lawyers’ fees), arising out of or in connection with:
3.7.1. Your use of the Service or services or goods obtained through your use of the Service, including, but not limited to, any harm caused by a package(s);
3.7.2. Your breach or violation of any of these Terms;
3.7.3. Hishabee’s use of your User Content; or
3.7.4. Your violation of the rights of any third party, including Service Providers.
4.1. Hishabee may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to Hishabee by written communication to Hishabee’s email address at [email protected].
4.2. Any and all intellectual property pertaining to copyright, trademark, license and permission of Hishabee which may exist, or come into being with respect to any and all designs, labels, hashtags, logo, advertising or promotional materials used pursuant to this agreement shall be the sole and exclusive property of Hishabee.
4.3. You shall keep confidential all information and data relating to Hishabee, its Services, products, business affairs, marketing and promotion plans or anything that Hishabee declares to be confidential, disclosed to you whether in writing, orally or any other form. You shall further ensure that you will only use such confidential information in order to perform the Services, and shall not without the express written consent of Hishabee, disclose such information to any third party or use it for any other purposes except for providing services as per the Terms. Any clause relating to the confidentiality of information under the Terms shall survive for at least the first 5 (five) years despite the termination, expiration or cancellation of this agreement.
Transfer and Assignment
4.4. You shall not assign or transfer these Terms in whole or in part without Hishabee’s prior written approval. Any purported assignment by you in violation of this section shall be void. You give your approval to Hishabee for it to assign or transfer these Terms in whole or in part, including to:
4.4.1. A subsidiary or affiliate;
4.4.2. An acquirer of Hishabee’s equity, business or assets; or
4.4.3. A successor by merger.
Nature of Relationship
4.5. No joint venture, partnership, employment or agency relationship exists between you and Hishabee, as a result of the contract between you and Hishabee or use of the Services.
4.6. If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms.
4.7. These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replace and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter.