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Welcome to Sheba Pay and/or Sheba Wallet owned and operated by Sheba Fintech Limited (“SFL”, “we”, “our”, or “us”). These terms enumerating agreement between merchant and us (“Terms”) describe the terms and conditions applicable to the entity or person (“you”, “your”, or “Merchant”) who have registered on the Sheba Pay Platform and/or third-party customers of Merchant(s) (“Customer”) who access or use the facilities of Sheba Pay Platform.
This is a legally binding agreement between you and SFL. Please read these Terms carefully before you start using this Platform and all the payment services offered by it. Please note that the terms and conditions herein apply for download, installation, subscription, update, or use of the Sheba Pay Platform. By clicking “Agree/Accept”, the Merchant/You agree to be bound by these terms and conditions herein. Non-acceptance to the Terms shall disallow the Merchant to use the Platform and any of its payment services. If you fail to comply with the terms and conditions set forth herein, please immediately delete or uninstall the mobile application from your cell phone, tab, or any other device. You must note that upon any non-compliance, you shall immediately become disentitled to use any of the payment service offered by this Platform.
SFL may modify these Terms for any reason-at any time-by posting a new version on the Platform; these changes do not affect rights and obligations that arose prior to such changes. Your continued use of our Services following the posting of modified will be subject to the Terms in effect at the time of your use. Please Review these Terms periodically for changes.
The agreement to use these terms was last updated on February 1 of 2024. This Privacy Policy Agreement was entered into effect on January 16, 2024.
SFL values the privacy of all your information. All information collected will be held by SFL and used in accordance with our Privacy Policy available – https://www.sheba.xyz/privacy & https://www.smanager.xyz/web/api/terms-and-condition In this Privacy Policy, the information we collect about you when you visit our Platform and use the services available therein will be kept private and only be used for the betterment of the product and services. If you have any questions or comments about the Privacy Policy, please contact us at info@sheba.xyz.
3.1 You agree to be responsible for maintaining the confidentiality of your passwords or other account identifiers which you choose and all activities that occur under your account. To create an account and access the Website/App, the Merchant represents that s/he is over the age of 18 and not barred from using the Platform under applicable law.
3.2 In registering an account with us, you represent and warrant that: (a) you possess the legal authority to create a legally binding obligation between yourself and us (or any Merchant/Third Party Provider); (b) if you are an individual and are creating an account for a corporate/business entity, that you are an agent for and act on behalf of the corporate/business entity and that you have the legal authority to create a legally binding obligation between the said corporate/business entity and us (or any Merchant/Third Party Provider); and (c) all information provided by you in connection with such registration is complete, true and accurate.
3.3 In registering an account with us, you represent and warrant that you have to secure and maintain licenses, permits, authorization etc. required for operation of its business in Bangladesh including valid Trade License, TIN, BIN, NID, Photograph, unique business identification number (UBID) or personal retail account (PRA) number from the appropriate authority. Failure to secure and maintain licenses, permits, authorization etc shall mean immediate termination of the Services.
3.4 If, for any reason, SFL believes that you have not complied with these terms and conditions, SFL may, at its sole discretion, cancel your access to the Platform.
3.5 Merchant agrees to abide by relevant provisions of the relevant Guidelines of Bangladesh Bank, Consumer Protection Rights Act 2009, Digital Commerce Management Guidelines 2021, the Information and Communication Technology Act, 2006, the Digital Security Act 2018, or any applicable rules for operation of the business of the Merchant.
4.1 Subject always to your continuing compliance with the terms and conditions herein, SFL grants the Merchants limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Platform to access the Services and (ii) access and use any content, information and related materials that may be made available through the Services. Any rights not expressly granted herein are reserved by SFL.
4.2 All Transactions are entered into between the Merchant and Customer or Third-Party Provider. The Merchant or Third Party Provider is and remains the seller and/or supplier of each Product, and SFL are not party to the Transaction or any agreements that may be entered into between Merchant and Customer or Third Party Provider, even if terms may be prescribed by us in respect of such Transactions;
4.3 SFL neither endorses nor assumes any responsibility or liability arising in connection with any Transaction (or any Product in respect of which a Transaction is carried out). Save as expressly provided under these Terms, SFL shall not have any obligation in connection with any Transaction;
4.4 SFL: (i) shall not be responsible for procuring; (ii) do not warrant; and (iii) do not undertake, that Merchant shall comply or have complied (whether in whole or in part) with the terms and conditions governing any Transaction;
4.5 SFL shall not be responsible for any content provided or generated by Merchant on or through the marketplace, though it may notify the Merchant to change the content if it violate this Terms or any third party copyright;
4.6 Each dispute, chargeback, cancellation, refund, and/or return in connection with any transaction shall be the sole responsibility of the Merchant and be subject to such additional policies and guidelines as may be prescribed by us from in connection with the same from time to time;
4.7 All information/details related to business Transactions must be preserved for at least 6 years for ensuring transparency and upon request must be provided to the responsible institution or organization or agency of the government.
4.8 You agree that any payment made on or through any Platform (including any and all payments in connection with any Product and/or the online Store) shall be made using any of the payment methods prescribed by us from time to time, and all charges and/or fees are to be paid in accordance with specific instructions as may be prescribed on the Platform.
4.9 You acknowledge that we can hold any fund as per applicable laws in order to prevent anti-money laundering, terrorist financing and to protect customer’s interest.
5.1 You shall not use the Services for any illegal or unauthorized purpose nor may you, in the use of Service, violate any laws, regulations and/or guidelines of Bangladesh (including but not limited to copyright laws).
5.2 If you use the Platform to sell drugs or drug-related products, poison or poisonous products, or any prohibited or illegal products or services SFL shall have the right to withhold the payment or cancel the transaction.
5.3 You must not transmit any worms or viruses or any code of a destructive nature nor share the credentials for using the Platform to any unauthorized person.
5.4 A breach or violation of any of the terms will result in an immediate termination of your Services.
5.5 If SFL determines that the Merchant has provided inaccurate information or enabled fraudulent feedback, we reserve the right to immediately suspend the Merchant’s account and make such declaration on the website necessary for the protection of SFL’s business and in the interest of the Customers.
6.1 SFL does not deduct any amount for withholding on income, Value added tax (VAT) or other taxes for Merchant or Customer, each of which is solely responsible for all tax and VAT returns and payments required to be filed according to applicable laws of Bangladesh.
7.1 The responsibility of incorporating your business account into various tools in this mobile application is solely for you and any mistake you make, and the results you receive are solely due to your mistake, the experts involved in creating this application, Sheba Fintech Ltd or its officers, employees will not be responsible.
8.1 This mobile app may also collect some of your personal information to use this mobile application and subsequently ensure that you use it seamlessly.
8.2 Contact information access to create your profile and provide loan benefits.
8.3 GEO location information access to place a service order based on your location.
8.4 Camera and gallery access permissions for uploading product images to the inventory management tool. Besides, we are taking this permission to upload the picture when applying for a profile or loan.
8.5 Your customer contact information access to generate reports based on your customer’s transactions.
8.6 You consent to us accessing and/or using certain functionalities on your Device (and the data stored therein and on any cloud based or remote storage accounts) for the purposes of providing you with any Services and the other purposes set forth in this document.
8.7 This information may also be used for research purposes, maintaining your privacy at the national, international level.
All information and data on the Platform all its contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio and the design, selection and arrangement thereof are owned by are protected by copyright and owned by SFL, its licensors and other providers of such materials. The Merchant must not: a) modify copies of any materials from the Platform; b) use any illustration, photographs, video or audio sequences or any graphics separately from the accompanying text; c) delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Platform; and d) reverse-engineer or otherwise attempt to steal the software/application code of the Platform. Any use of the Platform not expressly permitted by the Terms is a breach of this agreement and may violate copyright, trademark, and other laws.
10.1 The Merchant agrees to release, defend, indemnify, and hold the Platform or any person associated with the Platform including its respective affiliates, service providers, owners, partners, directors, officers, agents and employees (collectively as “Indemnified Parties”) free and harmless from and against any claims, liens, demands, causes of action and all losses to the extent arising from or in connection with any or all of: (a) any act, omission or negligence, non-performance and/or delay in the performance of obligations as a Merchant while using the Digital Payment solutions; (b) breach or violation of any of these T&C; (c) any intellectual property rights infringement including but not limited to copyrights, trademarks or any other rights, losses, damages, expenses, fines, fees or liability brought or instituted by a third party against the Platform which is caused or contributed to, by the Merchant through the Merchant’s usage of the Platform or the Merchant’s negligence or wilful misconduct; (d) any violation or alleged violation of any law; (e) violation of the rights of any third party, including patients and third party partners.
10.2 The Platform or any person associated with the Platform, is not liable for any personal injury, including death, attributable to or caused by the Merchant’s use or misuse of the Platform, to the fullest extent permissible by law.
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11.1 IN NO EVENT SHALL SFL OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES INCLUDING LOSS OF PROFITS, INCURRED BY THE OTHER PARTY, ANY END-USER OF THE SERVICES OR ANY OTHER THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT OR OTHERWISE, IN CONNECTION WITH OR UNDER THIS TERMS AND CONDITIONS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11.2 SFL SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i)THE MERCHANT’S USE OF OR RELIANCE ON THE SERVICES OR THE MERCHANT’S INABILITY TO ACCESS OR USE THE SERVICES, OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN THE MERCHANT AND ANY THIRD PARTY. IN NO EVENT SHALL SFL’S TOTAL LIABILITY TO THE MERCHANT IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSE OF ACTION EXCEED ONE THOUSAND BANGLADESHI TAKA.
USE OF THE PLATFORM IS AT THE MERCHANT AND CUSTOMER’S OWN RISK. THE WEBSITE/APP IS PROVIDED ON AN “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) SFL DISCLAIMS ALL LIABILITY WHATSOEVER, WHETHER ARISING IN CONTRACT, TORT (INCLUDING) NEGLIGENCE OR OTHERWISE IN RELATION TO THE WEBSITE/APP, AND (B) ALL IMPLIED WARRANTIES, TERMS AND CONDITIONS RELATING TO THE PLATFORM, INCLUDING WITHOUT LIMITATION ANY WARRANTY, TERM OR CONDITION AS TO ACCURACY, COMPLETENESS, SATISFACTORY QUALITY, PERFORMANCE, FITNESS FOR PURPOSE OR ANY SPECIAL PURPOSE, AVAILABILITY, NON-INFRINGEMENT, INFORMATION ACCURACY, INTEROPERABILITY, TITLE ARE, AS BETWEEN DOCTRINE AND THE DOCTOR, HEREBY EXCLUDED, IN PARTICULAR, BUT WITHOUT PREJUDICE TO THE FOREGOING, SPL ACCEPTS NO RESPONSIBILITY FOR ANY TECHNICAL FAILURE OF THE INTERNET, SECURITY BREACHES BY THIRD PARTY, MERCHANT AND/OR THE PLATFORM; OR ANY DAMAGE OR INJURY TO USERS OR THEIR EQUIPMENT AS A RESULT OF OR RELATING TO THEIR USE OF THE PLATFORM.
If any part of this Terms is construed to be illegal, invalid, frustrated, or unenforceable, for any reason, then, insofar as is practical and feasible, the remaining portions of the Terms shall be deemed to be in full force and effect as is such invalid portions were not contained here.
The Merchant may not assign any part of its obligation under this Terms to any third party without written consent of SFL. Any attempt to assign, subcontract, or delegate is void in each instance.
SFL may end this legal agreement at any time without citing any reason or suspend the Merchant’s account or cease to provide with all or part of the Services at any time for reasons including but not limited to, if (i) there is a violation of these Terms; (ii) the use of the Platform by the Merchant creates risk or possible legal exposure for SFL; (iii) there is prolonged inactivity on the account, or (iv) SFL’s provision of the Services is no longer commercially viable. Following suspension/termination of the account, SFL will make reasonable efforts to notify the Merchant by the email address associated with the account or the next time the Merchant attempts to access her/her account, depending on the circumstances. After termination SFL and Merchant shall give each other a reasonable period of time to complete the total process of concluding all the services including but not limited to technical support, customer service, any commercial provided by each individual Party and settlement of payment.
You may inquire about any changes, enhancements, additions or additions to this Platform by dialing the number provided in the mobile application. The App Team will seriously review your valuable feedback and send the next update of this mobile app to your mobile via the App Store, making the appropriate changes, enhancements, and additions possible. Provided, however, that SFL or any party associated with Application is not obliged to follow your suggestion or in-app suggestion for change, and you are not obliged to make any changes to the application to reflect your desired changes. The modification of the application or the parties involved in creating this application is solely your own decision in your opinion or suggestion.
17.1 The Terms shall be governed by and construed in accordance with the laws of Bangladesh. The courts of Bangladesh shall have exclusive jurisdiction in relation to all disputes or matters arising hereunder, and the parties irrevocably submit themselves to the exclusive jurisdiction of the courts in Bangladesh, for the resolution of any disputes arising under or in connection with this Term.
17.2 In case of any dispute, the Platform encourages amicable settlement of any conflict/s, claims that might arise from the Merchant, SFL or end users including customers. Any such conflict shall be resolved with the assistance or involvement of SfL. For addressing any grievances, or any other issues, transaction disputes the Merchant/ third party service recipient is encouraged to report the same to Customer Support here [ https://www.smanager.xyz/contactus/ ] (“Dispute Notice”). In service of the Dispute Notice, SPL and the Merchant will attempt in good faith to resolve the dispute. If the dispute cannot be resolved by consultation within 28 (twenty-eight) days from the date of commencement of such dispute, then SFL and the Merchant will jointly engage a mediator, for settlement of the dispute through mediation. The procedure for the mediation shall be in accordance with section 89A of the Code of Civil Procedure, 1908 and Mediation Rules 2021.
17.3 Notwithstanding anything to the contrary , in case of a dispute arising between the Merchant and the customer in connection with any service, Merchant acknowledges that SFL has the right to suspend disbursement of any amount that is associated with the dispute transaction, delivery of product and/or rendering of services until the dispute is resolved.
18.1 To enable transactions through Sheba Pay, Merchant is required to agree with the following conditions:
18.2 The Merchant may catalog products and services on the Merchant Website, and doing so, shall provide appropriate details of the products or services offered including Product prices, Product specifications, measurement of goods, materials, colors, shapes, quality, among others timelines for delivery of the Products, designated place of delivery, etc. Further, information such as pictures, videos, colors, shapes, measurements, weights, materials, etc., of goods and in case of services, service types, service methods, measurement symposia (if any) should be provided. In case of products, details of the quantity of ingredients and ingredients of the product, chemical composition (if possible) etc. should also be provided.
18.3 Usage of products should be clearly specified whether the product contains anything that affects or risks the health of humans and animals or harmful to the environment or whether there are health risks known to children. Merchants cannot sell or supply expired goods or substances, or fake or adulterated products.
18.4 The Merchant must complete the delivery within 48 hours of accepting the payment for the Product, provide a detailed invoice/bill receipt to the Delivery Service Provider, and the warranty/ or guarantee, if available, must accompany the delivered product. Any perishable material has to be delivered by the shortest amount of time possible.
18.5 The Merchant must maintain detail of the delivery record; price of product paid, delivery cost etc, for record and forwarding to Sheba Pay, if required.
18.6 The delivered Product must comply with the specification in the Order, multiple products must be tagged together and no additional delivery charge should apply for individual items.
18.7 The Merchant must not sell Products by taking advance payment unless they are delivered according to the Terms provided herein, and in compliance with the Digital Commerce Management Guidelines 2021.
18.8 The Merchant should provide Phone numbers, emails, or means of non-mailing must be clearly mentioned on a mobile app or platform to receive the complaints regarding non-delivery.
18.9 Any kind of offer, discount, free delivery or any other facility should be clearly mentioned in the product description.
18.10 Merchant shall ensure that within a maximum of 10 (ten) days of receipt of the product price sold at the Merchant Website, shall pay the full price to the concerned supplier of the Product.
18.11 Each dispute, chargeback, cancellation, refund, and/or return in connection with any Product and/or the online store shall be the sole responsibility of the Merchant, and the same must be informed to the Customer.
18.12 The Merchant shall not claim extra money than the value of goods or services that are announced/displayed in the Online Store.
18.13 Any kind of announced discounted sale activity must be implemented immediately. Cashback offer must be executed/implemented within the next 72 hours of payment of the price.
Sheba Pay reserves the right to terminate service or account for a merchant from Sheba Pay (SFL platforms) with notice, if these following events take place:
In Violation of rules and guidelines stated and issued by Sheba Pay or the governing body of Bangladesh, merchants, who are subscribed to or availing service, may result in –
23.1 Make any warranty or representation whatsoever in relation to goods or services, which is not supported by any evidence (Warranty Card) supplied by the Merchant which may bind Sheba ay
23.2 Impose a surcharge or fee for Card or other payment method without prior approval of the Sheba Pay;
23.3 Submit a transaction or sale that has been previously charged back;
23.4 Process a Transaction on behalf of another person including another merchant or Allow another person to use the Merchant Facilities except under a bona fide agency arrangement.
Welcome to sManager.xyz and/or sManager mobile application (“sManager Platform”, or “Platform”) owned and operated by Sheba Platform Limited (“SPL”, “we”, “our”, or “us”). These Terms of Use (“Terms”) describe the terms and conditions applicable to the entity or person (“you”, “your”, or “Merchant”) who have registered on the sManager Platform and/or third-party customers of Merchant(s) (“Customer”) who access or use the facilities of sManager Platform.
This is a legally binding agreement between you and SPL. Please read these Terms carefully before you start using this Platform. Please note that the terms and conditions herein apply for download, installation, subscription, update, or use of the sManager Platform. By clicking “Agree/Accept”, the Merchant/You agree to be bound by these terms and conditions herein. Non-acceptance to the Terms shall disallow the Merchant to use the Platform. If you fail to comply with the terms and conditions set forth herein, please immediately delete or uninstall the mobile application from your cell phone, tab, or any other device.
SPL may modify these Terms for any reason-at any time-by posting a new version on the Platform; these changes do not affect rights and obligations that arose prior to such changes. Your continued use of our Services following the posting of modified will be subject to the Terms in effect at the time of your use. Please Review these Terms periodically for changes.
The agreement to use these terms was last updated on January 15, 2020. This Privacy Policy Agreement was entered into effect on January 16, 2020.
SPL values the privacy of all your information. All information collected will be held by SPL and used in accordance with our Privacy Policy available – https://www.sheba.xyz/privacy & https://www.smanager.xyz/web/api/terms-and-condition In this Privacy Policy, the information we collect about you when you visit our Platform and use the services available therein will be kept private and only be used for the betterment of the product and services. If you have any questions or comments about the Privacy Policy, please contact us at info@sheba.xyz.
sManager is a mobile application as a service (‘AaaS’) that offers variety of services on the Platform for micro, small and medium enterprises (“MSME”) including Enterprise Resource Planning (ERP), Customer Relationship Management (CRM), project management, Human Resource Management (HRM), accounting, sales, customer support, Point-of-Sales solution, online store, digital finance solutions, top-up facility, inventory management, cash flow, credit management and such other facilities that helps Merchants with management and growth of their business (“Services”).
This Platform has a variety of tools to allow users to incorporate all the information about their business. By incorporating information into these tools, you can keep various accounts of your business. The inclusion of information or the information provided by the Merchant is entirely its own responsibility.’
In addition, the Platform allows merchants on payment of subscription fee set-up its own online store displaying goods/products via online web link and sell their products online (“Online Store”). Furthermore, Merchants can also sell in physical locations and accept payment for goods via credit/debit card using SMS link provided by registered Payment System Operator (PSO) (“Digital Payment solutions”).
You may use one or more of the modules offered under these Services. The terms of this Agreement will apply to any of the modules you may choose to use.
4.1 This Platform is designed in a way to assist the micro, small and medium enterprises of Bangladesh. Only verified and registered Merchants may download, install, subscribe, update, or use the Platform upon registration by becoming a registered member and creating an account with us. You agree to be responsible for maintaining the confidentiality of your passwords or other account identifiers which you choose and all activities that occur under your account. To create an account and access the Website/App, the Merchant represents that s/he is over the age of 18 and not barred from using the Platform under applicable law.
4.2 In registering an account with us, you represent and warrant that: (a) you possess the legal authority to create a legally binding obligation between yourself and us (or any Merchant/Third Party Provider); (b) if you are an individual and are creating an account for a corporate/business entity, that you are an agent for and act on behalf of the corporate/business entity and that you have the legal authority to create a legally binding obligation between the said corporate/business entity and us (or any Merchant/Third Party Provider); and (c) all information provided by you in connection with such registration is complete, true and accurate.
4.3 In registering an account with us, you represent and warrant that you have to secure and maintain licenses, permits, authorization etc. required for operation of its business in Bangladesh including valid Trade License, TIN, BIN, unique business identification number (UBID) or personal retail account (PRA) number from the appropriate authority. Failure to secure and maintain licenses, permits, authorization etc shall mean immediate termination of the Services.
4.4 If, for any reason, SPL believes that you have not complied with these terms and conditions, SPL may, at its sole discretion, cancel your access to the Platform.
4.5 Merchant would abide by relevant provision of the Consumer Protection Rights Act 2009, Digital Commerce Management Guidelines 2021, the Information and Communication Technology Act, 2006, the Digital Security Act 2018, or any applicable rules for operation of the business of the Merchant.
5.1 Subject always to your continuing compliance with the terms and conditions herein, SPL grants the Merchants limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Platform to access the Services and (ii) access and use any content, information and related materials that may be made available through the Services. Any rights not expressly granted herein are reserved by SPL.
5.2 Some application components used in our Platform(s) may be offered under an open source or other license/partnership as we may notify you of, in which case your use of those components is governed by such third-party terms, in addition to the terms provided herein, e.g., payment processing by third-party Payment System Operator licensed by Bangladesh Bank.
5.3 The Platform provides various features and tools the access and/or use of the same is subject to the terms of this Agreement. Without limiting the generality of the foregoing, such features may include an online store where the Merchant may display and sell Products to third party customers, and provide additional services such as taking orders, accepting payment online and delivery services which will be governed by the Online Store Terms referred in the Schedule.
5.4 Each Merchants acknowledge that:
5.4.1 In relation to any marketplace services, you shall company with all terms set forth in Schedule 1 (Online Store Terms) in their entirety;
5.4.2 Where any products and goods (“Products”) are provided by the Merchants and/or third party service provider(s) and/or vendor(s) (“Third Party Providers“), SPL are not responsible for the same, and our obligation in connection with any such Product is to only: (i) facilitate the making available of such Product on the Online Store; and (ii) on a commercially-reasonable basis, communicate to Merchants and/or Third Party Providers reasonable concerns that Customer have notified us of in relation to such Product. We have no control over and are not responsible for the Merchant’s and/or the Third-Party Service Provider’s performance or non-performance of any obligation in connection with any Product or arising in any other way;
5.4.3 To the extent that a transaction on the marketplace is entered into between Merchant and Customer or Third Party Provider (“Transaction“):
5.5 all Transactions are entered into between the Merchant and Customer or Third-Party Provider. The Merchant or Third Party Provider is and remains the seller and/or supplier of each Product, and SPL are not party to the Transaction or any agreements that may be entered into between Merchant and Customer or Third Party Provider, even if terms may be prescribed by us in respect of such Transactions;
5.6 SPL neither endorses nor assumes any responsibility or liability arising in connection with any Transaction (or any Product in respect of which a Transaction is carried out). Save as expressly provided under these Terms, SPL shall not have any obligation in connection with any Transaction;
5.7 SPL: (i) shall not be responsible for procuring; (ii) do not warrant; and (iii) do not undertake, that Merchant shall comply or have complied (whether in whole or in part) with the terms and conditions governing any Transaction;
5.8 SPL shall not be responsible for any content provided or generated by Merchant on or through the marketplace, though it may notify the Merchant to change the content if it violate this Terms or any third party copyright;
5.9 Each dispute, chargeback, cancellation, refund, and/or return in connection with any Product and/or the online store shall be the sole responsibility of the Merchant and be subject to such additional policies and guidelines as may be prescribed by us from in connection with the same from time to time;
5.10 All information/details related to business Transactions must be preserved for at least 6 years for ensuring transparency and upon request must be provided to the responsible institution or organization or agency of the government.
5.11 You agree that any payment made on or through any Platform (including any and all payments in connection with any Product and/or the online Store or offline sell through payment SMS link) shall be made using any of the payment methods prescribed by us from time to time, and all charges and/or fees are to be paid in accordance with specific instructions as may be prescribed on any Platform.
5.12 You agree that you shall abide by any relevant terms and conditions or other agreement that governs your access and/or use of any payment methods made available via any Platform, which are provided by third party providers as principals in their own right (“Payment gateway”).
5.13 You acknowledge that the payment gateways are managed and maintained by licensed PSOs, and SPL does not hold or retain any sum related to payment transactions on or through the Platform. The display of credit balance on the Platform is a reflection of the sum due from the payment gateway provider. In order to withdraw funds, the Merchant provides instructions of withdrawal which are forwarded to the relevant payment gateway provider who shall disburse the sum to the bank account of the respective Merchant.
5.14 You acknowledge and agree that we may from time to time, add, remove, modify or discontinue, temporarily or permanently, any payment processing method in its sole and absolute discretion.
5.15 sManager reserves the right to change any packages or any commission rates or any transaction rates according to market changes or as per company policy.
6.1 You may not use the Services for any illegal or unauthorized purpose nor may you, in the use of Service, violate any laws of Bangladesh (including but not limited to copyright laws).
6.2 You must not use Platform to operate on multi-level marketing or network activities, and cannot organize any lottery or raffle draw using the Platform, which is an illegal act according to Penal Code 1860 of Bangladesh..
6.3 You must use Platform to sell drugs or drug-related products, poison or poisonous products, or any prohibited or illegal products or services. Similarly, the platform cannot be used to operate gambling or online betting or online gambling organizing, or participation activities.
6.4 You must not transmit any worms or viruses or any code of a destructive nature nor share the credentials for using the Platform to any unauthorized person.
6.5 A breach or violation of any of the terms will result in an immediate termination of your Services.
6.6 If SPL determines that the Merchant has provided inaccurate information or enabled fraudulent feedback, we reserve the right to immediately suspend the Merchant’s account on the Platform and make such declaration on the website necessary for the protection of SPL’s business and in the interest of the Customers.
7.1 SPL is not a party to the dealings between Merchant and Customer, including display/showcase on the Online Store, selling goods and products, making payment using Digital solutions and accordingly not liable for any loss, harm, act, omission or negligence or non-performance or delay in the performance of obligation or violation of any loss. SPL does not introduce the Customer to the Merchants nor help Merchants find engagements. SPL merely makes the Platform and its services available to enable Merchants to display and sell products through Online Store and/or utilize the Digital Payment solutions and the Client to identify and determine the suitability of the products sold by the Merchants. SPL does not, in any way, supervise, direct or control the Merchant nor set Merchants work hour, schedule or location or determine price of the products.
7.2 SPL does not deduct any amount for withholding on income, Value added tax (VAT) or other taxes for Merchant or Customer, each of which is solely responsible for all tax and VAT returns and payments required to be filed according to applicable laws of Bangladesh.
8.1 Download, install, and use of the mobile app in whatever condition it is at present; And we do not offer any opinions, suggestions or warranties of any kind regarding the satisfactory quality of the mobile app to encourage the user to use the mobile app. If you experience any problem with your mobile phone or your device is damaged due to the use of this mobile application, the experts involved in creating this application, Sheba Platform Ltd or its officers, employees will not be responsible.
8.2 All the information needed to improve the business of mobile applications is collected through research.
8.3 The responsibility of incorporating your business account into various tools in this mobile application is solely for you and any mistake you make, and the results you receive are solely due to your mistake, the experts involved in creating this application, Sheba Platform Ltd or its officers, employees will not be responsible.
9.1 This mobile app may also collect some of your personal information to use this mobile application and subsequently ensure that you use it seamlessly.
9.2 Contact information access to create your profile and provide loan benefits.
9.3 GEO location information access to place a service order based on your location.
9.4 Camera and gallery access permissions for uploading product images to the inventory management tool. Besides, we are taking this permission to upload the picture when applying for a profile or loan.
9.5 Your customer contact information access to generate reports based on your customer’s transactions.
9.6 You consent to us accessing and/or using certain functionalities on your Device (and the data stored therein and on any cloud based or remote storage accounts) for the purposes of providing you with any Services and the other purposes set forth in this document.
9.7 This information may also be used for research purposes, maintaining your privacy at the national, international level.
All information and data on the Platform all its contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio and the design, selection and arrangement thereof are owned by are protected by copyright and owned by SPL, its licensors and other providers of such materials. The Merchant must not: a) modify copies of any materials from the Platform; b) use any illustration, photographs, video or audio sequences or any graphics separately from the accompanying text; c) delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Platform; and d) reverse-engineer or otherwise attempt to steal the software/application code of the Platform. Any use of the Platform not expressly permitted by the Terms is a breach of this agreement and may violate copyright, trademark, and other laws.
11.1 The Merchant agrees to release, defend, indemnify, and hold the Platform or any person associated with the Platform including its respective affiliates, service providers, owners, partners, directors, officers, agents and employees (collectively as “Indemnified Parties”) free and harmless from and against any claims, liens, demands, causes of action and all losses to the extent arising from or in connection with any or all of: (a) any act, omission or negligence, non-performance and/or delay in the performance of obligations as a Merchant while using the Online Store and Digital Payment solutions; (b) breach or violation of any of these T&C; (c) any intellectual property rights infringement including but not limited to copyrights, trademarks or any other rights, losses, damages, expenses, fines, fees or liability brought or instituted by a third party against the Platform which is caused or contributed to, by the Merchant through the Merchant’s usage of the Platform or the Merchant’s negligence or wilful misconduct; (d) any violation or alleged violation of any law; (e) violation of the rights of any third party, including patients and third party partners.
11.2 The Platform or any person associated with the Platform, is not liable for any personal injury, including death, attributable to or caused by the Merchant’s use or misuse of the Platform, to the fullest extent permissible by law.
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12.1 IN NO EVENT SHALL SPL OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES INCLUDING LOSS OF PROFITS, INCURRED BY THE OTHER PARTY, ANY END-USER OF THE SERVICES OR ANY OTHER THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT OR OTHERWISE, IN CONNECTION WITH OR UNDER THIS TERMS AND CONDITIONS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12.2 SPL SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i)THE MERCHANT’S USE OF OR RELIANCE ON THE SERVICES OR THE MERCHANT’S INABILITY TO ACCESS OR USE THE SERVICES, OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN THE MERCHANT AND ANY THIRD PARTY. IN NO EVENT SHALL SPL’S TOTAL LIABILITY TO THE MERCHANT IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSE OF ACTION EXCEED ONE THOUSAND BANGLADESHI TAKA.
USE OF THE PLATFORM IS AT THE MERCHANT AND CUSTOMER’S OWN RISK. THE WEBSITE/APP IS PROVIDED ON AN “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) SPL DISCLAIMS ALL LIABILITY WHATSOEVER, WHETHER ARISING IN CONTRACT, TORT (INCLUDING) NEGLIGENCE OR OTHERWISE IN RELATION TO THE WEBSITE/APP, AND (B) ALL IMPLIED WARRANTIES, TERMS AND CONDITIONS RELATING TO THE PLATFORM, INCLUDING WITHOUT LIMITATION ANY WARRANTY, TERM OR CONDITION AS TO ACCURACY, COMPLETENESS, SATISFACTORY QUALITY, PERFORMANCE, FITNESS FOR PURPOSE OR ANY SPECIAL PURPOSE, AVAILABILITY, NON-INFRINGEMENT, INFORMATION ACCURACY, INTEROPERABILITY, TITLE ARE, AS BETWEEN DOCTRINE AND THE DOCTOR, HEREBY EXCLUDED, IN PARTICULAR, BUT WITHOUT PREJUDICE TO THE FOREGOING, SPL ACCEPTS NO RESPONSIBILITY FOR ANY TECHNICAL FAILURE OF THE INTERNET, SECURITY BREACHES BY THIRD PARTY, MERCHANT AND/OR THE PLATFORM; OR ANY DAMAGE OR INJURY TO USERS OR THEIR EQUIPMENT AS A RESULT OF OR RELATING TO THEIR USE OF THE PLATFORM.
If any part of this Terms is construed to be illegal, invalid, frustrated, or unenforceable, for any reason, then, insofar as is practical and feasible, the remaining portions of the Terms shall be deemed to be in full force and effect as is such invalid portions were not contained here.
The Merchant may not assign any part of its obligation under this Terms to any third party without written consent of SPL. Any attempt to assign, subcontract, or delegate is void in each instance.
SPL may end this legal agreement at anytime without siting any reason or suspend the Merchant’s account or cease to provide with all or part of the Services at any time for reasons including but not limited to, if (i) there is a violation of these Terms; (ii) the use of the Platform by the Merchant creates risk or possible legal exposure for SPL; (iii) there is prolonged inactivity on the account, or (iv) SPL’s provision of the Services is no longer commercially viable. Following suspension/termination of the account, SPL will make reasonable efforts to notify the Merchant by the email address associated with the account or the next time the Merchant attempts to access her/her account, depending on the circumstances. After termination SPL and Merchant shall give each other a reasonable period of time to complete the total process of concluding all the services including but not limited to technical support, customer service, any commercial provided by each individual Party for delivery of products and settlement of payment.
You may also provide feedback on any changes, enhancements or additions to this mobile application in the Review Section of the App Store (Google Play Store). Your valuable feedback will be seriously reviewed by the application team and the next update of this mobile app will be sent to your mobile via the App Store, as soon as possible with appropriate changes, modifications, and additions. However, SPL or sManager or any party associated with this application is not obliged to follow your opinion or in-app suggestions for modification, and you are not obliged to give your deadline for the application to reflect your desired changes. Modifying the application in your opinion or suggestion is solely your own decision on Sheba Platform Limited or sManager or the parties involved in the creation of this application.
You may inquire about any changes, enhancements, additions or additions to this Platform by dialing the number provided in the mobile application. The App Team will seriously review your valuable feedback and send the next update of this mobile app to your mobile via the App Store, making the appropriate changes, enhancements, and additions possible. Provided, however, that SPL or any party associated with sManager Application or Application is not obliged to follow your suggestion or in-app suggestion for change, and you are not obliged to make any changes to the application to reflect your desired changes. The modification of the application or sManager application or the parties involved in creating this application is solely your own decision in your opinion or suggestion.
19.1 The Terms shall be governed by and construed in accordance with the laws of Bangladesh. The courts of Bangladesh shall have exclusive jurisdiction in relation to all disputes or matters arising hereunder, and the parties irrevocably submit themselves to the exclusive jurisdiction of the courts in Bangladesh, for the resolution of any disputes arising under or in connection with this Term.
19.2 In case of any dispute, the Platform encourages amicable settlement of any conflict/s, claims that might arise from the Merchant, SPL or end users including customers. Any such conflict shall be resolved with the assistance or involvement of SPL. For addressing any grievances, or any other issues, transaction disputes the Merchant/ third party service recipient is encouraged to report the same to Customer Support here [ https://www.smanager.xyz/contactus/ ] (“Dispute Notice”). In service of the Dispute Notice, SPL and the Merchant will attempt in good faith to resolve the dispute. If the dispute cannot be resolved by consultation within 28 (twenty-eight) days from the date of commencement of such dispute, then SPL and the Merchant will jointly engage a mediator, for settlement of the dispute through mediation. The procedure for the mediation shall be in accordance with section 89A of the Code of Civil Procedure, 1908 and Mediation Rules 2021.
20.1 In addition to the Terms, the terms and conditions in this Schedule (“Online Store Terms“) apply in respect of your access and/or use of the online store and the supply or provision of any Product via the store, and Customers receipt of the same.
20.2 The Online Store feature allows you, on payment of subscription, set-up an online store with a world wide web link at the name of your Store (“Merchant Website”), display and catalogue products and services on the Merchant Website, and market them for Customers, accept payment online via payment gateway.
20.3 The Merchant may catalogue products and services on the Merchant Website, and doing so, shall provide appropriate details of the products or services offered including Product prices, Product specifications, measurement of goods, materials, colors, shapes, quality, among others timelines for delivery of the Products, designated place of delivery, etc. Further, information such as pictures, videos, colors, shapes, measurements, weights, materials, etc., of goods and in case of services, service types, service methods, measurement symposia (if any) should be provided. In case of products, details of the quantity of ingredients and ingredients of the product, chemical composition (if possible) etc. should also be provided.
20.4 Usage of products should be clearly specified whether the product contains anything that affects or risks the health of humans and animals or harmful to the environment or whether there are health risks known to children. Merchants cannot sell or supply expired goods or substances, or fake or adulterated products.
20.5 The Merchant must complete the delivery within 48 hours of accepting the payment for the Product, provide a detailed invoice/bill receipt to the Delivery Service Provider, and the warranty/ or guarantee, if available, must accompany the delivered product. Any perishable material has to be delivered by the shortest amount of time possible.
20.6 The Merchant must maintain detail of the delivery record; price of product paid, delivery cost etc, for record and forwarding to PSOs, if required.
20.7 The delivered Product must comply with the specification in the Order, multiple products must be tagged together and no additional delivery charge should apply for individual items.
20.8 The Merchant must not sell Products by taking advance payment unless they are delivered according to the Terms provided herein, and in compliance with the Digital Commerce Management Guidelines 2021.
20.9 The Merchant should provide Phone numbers, emails, or means of non-mailing must be clearly mentioned on a mobile app or platform to receive the complaints regarding non-delivery.
20.10 Any kind of offer, discount, free delivery or any other facility should be clearly mentioned in the product description.
20.11 Merchant shall ensure that within a maximum of 10 (ten) days of receipt of the product price sold at the Merchant Website, shall pay the full price to the concerned supplier of the Product.
20.12 Each dispute, chargeback, cancellation, refund, and/or return in connection with any Product and/or the online store shall be the sole responsibility of the Merchant, and the same must be informed to the Customer.
20.13 The Merchant shall not claim extra money than the value of goods or services that are announced/displayed in the Online Store.
20.14 Any kind of announced discounted sale activity must be implemented immediately. Cashback offer must be executed/implemented within the next 72 hours of payment of the price.
20.15 The Customer acknowledge that when they place an order for any Product offered by a Merchant through the Merchant Website (“Order”), the Order constitutes an agreement to deliver the Product via itself or delivery service provider to the specified delivery address (as applicable) on the terms set out herein and as specified by the Merchant.
20.16 The Order may in the sole and absolute discretion of the relevant Merchant and (as the case may be) Delivery Service Provider be accepted or rejected by each of them respectively. A contract for the purchase and delivery of any products or services comprised in your Order (“Merchant Contract“) will only arise where the Order is communicated to the Customer as having been accepted by each of the Merchant and (as the case may be) Delivery Service Provider via the Merchant Website and an Order confirmation is issued to the Customer. The Customer shall not be entitled to cancel the Order upon confirmation.
20.17 The Customer acknowledge and agree that (i) some Orders may not be available for delivery and may only have the option for self-collection, and vice versa; (b) some Orders must meet a minimum order value before the Order can be placed and delivered to the Customer; and (iii) the Customer may specify special instructions for an Order.
20.18 Prices: (a) All prices reflected on the Merchant Website are determined solely by the Merchants. The Customers acknowledge that prices and any promotional offers of Products may vary from those offered by the Merchants via other sales channels; (b) Prices of Products may, for reasons such as technical issues, errors or outdated product information supplied by the Merchants, be incorrectly reflected and in such an event the Merchants may cancel your Order(s). Where applicable, Orders will include delivery fees and any applicable tax (e.g. goods and services tax, value-added tax, etc.).
20.19 Payment: Payments on the Merchant Website or through Digital Finance solutions i.e. the Payment SMS link are effectuated by PSOs. If the Customer fail to make any payment pursuant to the terms and conditions of the payment method elected or payment is cancelled for any reason whatsoever, then without prejudice to any other right or remedy available to the Merchant, the Merchant shall be entitled to cancel the Order and/or Merchant Contract or suspend delivery until payment is made in full.
20.20 Payment for Transactions: The Customer agree to abide by any relevant terms and conditions or other agreement that governs access and/or use of any payment methods made available via any Platform/ Merchant Website, which are provided by third party providers as principals in their own right (“Payment gateway”). Without limiting the generality of the foregoing, the Customer acknowledge and agree that (a) by providing the credit card, debit card or other payment method details, the Customer authorise the Payment gateway to charge your credit card, debit card or other payment method account, upon your confirmation of your purchase, the amount of your purchase, including all fees and taxes thereon; (b) in respect of any of the payment obligations to Merchants, the Customer shall not make any direct payment to SPL in connection therewith. SPL will not be involved in the processing of such payments, or the acceptance of any funds from the Customer and SPL will only be storing part of your card details. All such payments made in connection with this Agreement are made to the Merchants, and SPL are in no way accepting or processing any payment transaction for the Merchants; and (c) to the maximum extent permitted by law: (i) the Customers access to and/or use of any such payment methods provided on any Platform/ Merchant Website shall be entirely at their own risk and no warranty of any kind, implied, express or statutory, is given in conjunction with such payment methods; and (ii) SPL shall not be liable for any dispute or relating to such payment methods.
20.21 Delivery or self-collection: (a) Depending on the Product, such orders may be delivered to Customer by independent third-party service providers (each a “Delivery Service Provider“) and/or by the Merchant himself, and/or be available for self-collection by you from the Merchant; (b) the Customer shall be responsible for ensuring that the details entered in respect of the Order on the Merchant Website are accurate and complete. SPL, the Merchants and/or Delivery Service Providers shall not be liable:(i) in the event of any late delivery or non-delivery of any Product by reason of erroneous or incomplete delivery details entered by the Customer on the Merchant Website; or (ii) in the event of late collection or non-collection by the Customer of any Product by reason of erroneous collection details entered by customer on any Platform.
20.22 Refund: In case of non-conformity of the Products description and/or non-delivery of the Products (except for fault of the Customer to receive delivery on time), the Merchants shall refund the fund, if any, within 10 days of making the payment, through the same method of payment used by the Customer. SPL and the Payment gateways shall cooperate and coordinate with the Merchant for refund to the Customer for non-delivery. The Customer shall be informed about the refund by email, SMS, phone, or any other methods.
20.23 Customer Support: Should the Customer have any queries or complaints about any Product of the third party or the Merchants and/or Third-Party Providers, please contact the third party, Merchants and/or Third-Party Providers. For customer support in relation to the online store, please contact 16516. In some cases, photographic proof and/or additional information may be required to properly investigate the issue and review any request.
20.24 Force Majeure: Save as otherwise specifically provided in this Agreement, SPL or the Merchant shall not be liable for failures or delays in performing our obligations hereunder arising from any cause beyond our control, including acts of God, acts of civil or military authority, fires, strikes, lockouts or labour disputes, epidemics, pandemics, governmental restrictions, wars, riots, earthquakes, storms, typhoons, floods and breakdowns in electronic and computer information and communications systems (“Force Majeure Event“) and in the event of any Force Majeure Event, the time for Merchant performance may be extended at their sole and absolute discretion for a period equal to the time lost by reason of the delay. The Customer must be informed regarding the non-delivery due to Force Majeure without 48 hours.
sManager reserves the right to terminate service or account for a merchant from sManager (SPL platforms) with notice, if these following events take place:
5.1 Violate any rules and guidelines as prescribed by the respective Nominated Authority such as Bangladesh Bank, Bangladesh Trade commission or any other Bank/Card Issuer or any other which may be nominated by the sManager from time to time. BSTI, Safe Food Act needs to be incorporated
5.2 Violation of sManager Digital Commerce rules and regulations stated and issued through sManager platform
5.3 Merchant is not interested to continue service with sManager
In Violation of rules and guidelines stated and issued by sManager or the governing body of Bangladesh, merchants, who are subscribed to or availing service, may result in –
21.1 In any conduct which is false, misleading or deceptive concerning goods or services supplied by the Merchant, the sManager’s products or policies or in any other, dealings with the customer from other payment method;
21.2 Make any warranty or representation whatsoever in relation to goods or services, which is not supported by any evidence (Warranty Card) supplied by the Merchant which may bind sManager;
21.3 Establish minimum or maximum amounts as a condition for accepting a Card or any other payment method is prohibited
21.4 Impose a surcharge or fee for Card or other payment method without prior approval of the sManager;
21.5 Submit a transaction or sale that has been previously charged back;
21.6 Any tax required to be collected must be included in the total transaction amount and not collected in cash,
21.7 Process a Transaction on behalf of another person including another merchant or Allow another person to use the Merchant Facilities except under a bona fide agency arrangement.
sManager reserves the right to terminate service or account for a merchant from sManager (SPL platforms) with notice, if these following events take place:
1.1 Violate anyrules and guidelines as prescribed by the respective Nominated Authority such as Bangladesh Bank, Bangladesh Trade commission or any other Bank/Card Issuer or any other which may be nominated by the sManager from time to time. BSTI, Safe Food Act needs to be incorporated.
1.2 Violation of sManager Digital Commerce rules and regulations stated and issued through sManager platform.
1.3 Merchant is not interested to continue service with sManager.
In Violation of rules and guidelines stated and issued by sManager or the governing body of
Bangladesh, merchants, who are subscribed to or availing service, may result in –
2.1 In addition to the Terms, the terms and conditions in this Schedule (“Online Store Terms“) apply in respect of your access and/or use of the online store and the supply or provision of any Product via the store, and Customers receipt of the same.
2.2 The Online Store feature allows you, on payment of subscription, set-up an online store with a world wide web link at the name of your Store (“Merchant Website”), display and catalogue products and services on the Merchant Website, and market them for
Customers, accept payment online via payment gateway.
2.3 The Merchant may catalogue products and services on the Merchant Website, and doing so, shall provide appropriate details of the products or services offered including Product prices, Product specifications, measurement of goods, materials, colors, shapes, quality, among others timelines for delivery of the Products, designated place of delivery, etc. Further, information such as pictures, videos, colors, shapes, measurements, weights, materials, etc., of goods and in case of services, service types, service methods, measurement symposia (if any) should be provided. In case of products, details of the quantity of ingredients and ingredients of the product, chemical composition (if possible), Stock Availability etc. should also be provided.
2.4 Usage of products should be clearly specified whether the product contains anything that affects or risks the health of humans and animals or harmful to the environment or whether there are health risks known to children. Merchants cannot sell or supply expired goods or substances, or fake or adulterated products.
2.5 The Merchant must complete the delivery within 5 days of accepting the payment for the Product, provide a detailed invoice/bill receipt to the Delivery Service Provider, and the warranty/ or guarantee, if available, must accompany the delivered product. Any perishable material has to be delivered by the shortest amount of time possible.
2.6 The Merchant must maintain detail of the delivery record; price of product paid, delivery cost etc, for record and forwarding to PSOs, if required.
2.7 The delivered Product must comply with the specification in the Order, multiple products must be tagged together and no additional delivery charge should apply for individual items.
2.8 The Merchant must not sell Products by taking advance payment unless they are delivered according to the Terms provided herein, and in compliance with the Digital Commerce Management Guidelines 2021.
2.9 The Merchant should provide Phone numbers, emails, or means of non-mailing must be clearly mentioned on a mobile app or platform to receive the complaints regarding non-delivery.
2.10 Any kind of offer, discount, free delivery or any other facility should be clearly mentioned in the product description.
2.11 Each dispute, chargeback, cancellation, refund, and/or return in connection with any Product and/or the online store shall be the sole responsibility of the Merchant, and the same must be informed to the Customer.
2.12 The Merchant shall not claim extra money than the value of goods or services that are announced/displayed in the Online Store.
2.13 Any kind of announced discounted sale activity must be implemented immediately. Cashback offer must be executed/implemented within the next 72 hours of payment of the price.
The use of Sheba Pay Services provided by Sheba Fintech Limited (Sheba Pay) to the customer (hereinafter referred to as the “Customer” or “you”) shall be subject to acceptance of the terms and conditions as detailed herein below (“Terms and Conditions”). By registering to us Sheba Pay Services, the Customer acknowledges that the Customer has read, understood and agrees to be bound by these Terms and Conditions. For the avoidance of doubt, these Terms and Conditions apply to any kind of use of Services in any platform including but not limited to under its website, mobile application (“App”), electronic communications and/or any other platform through which the Customer availed any Services.
Privacy Policy
This Terms of Use agreement was last updated: November 1st, 2023. This Privacy Policy agreement is effective as of: March 1st, 2016
Sheba Platform Limited (“SHEBA.XYZ”) values your privacy. In this Privacy Policy (“Policy”), we describe the information that we collect about you when you visit our website, www.sheba.xyz (the “Website”) and use the services availableon the Website (“Services”), and how we use and disclose that information.If you have any questions or comments about the Privacy Policy, please contact us at info@sheba.xyz. This Policy is incorporated into and is subject to the SHEBA.XYZ Terms of Use, which can be accessed at www.sheba.xyz/terms-and-condition. Your use of the Website and/or Services and any personal information you provide on the Website remains subject to the terms of the Policy and SHEBA.XYZ’s Terms of Use.
“Personal information” is defined to include information that whether on its own or in combination with other information may be used to readily identify or contact you such as: name, address, email address, phone number, with or without being tagged with your purchase history, usage data etc.
Service Professionals: We collect personal information from Service Professionals offering their products and services. This information is partially or completely accessible to all visitors using SHEBA.XYZ’s website or mobile application, either directly or by submitting a request for a service. Service Professionals and customers are required to create an account to be able to access certain portions of our Website, such as to submit questions, participate in polls or surveys, to request a quote, to submit a bid in response to a quote, and request information. – Service Professionals, if and when they create and use an account with SHEBA.XYZ, will be required to disclose and provide to SHEBA.XYZ information including personal contact details, bank details, personal identification details and participate in polls or surveys or feedback etc. Such information gathered shall be utilized to ensure greater customer satisfaction and help a customer satiate their needs.
The type of personal information that we collect from you varies based on your particular interaction with our Website or mobile application.
If you are a Service Professional and would like to post any information about yourself, we will require you to register for an Account. During the Account registration process, we will collect your business name, telephone number, address, zip code, travel preferences, a description of your services, a headline for your profile, first and last name, and email address. Other information may also be required to be provided to
SHEBA.XYZ whilst you avail and use SHEBA.XYZ’s website or application. In addition, you may be required to provide other content or information about your business, including photographs and videos.
SHEBA.XYZ reserves the right to record the conversations between service professionals and consumers facilitated by SHEBA.XYZ through the messaging/chat mechanism on the platform or the calls made through the virtual numbers provided to safeguard the privacy of consumers and service professionals. All the chat/messaging logs or call recordings can be used to but not limited to monitor and prohibit abuse, safeguard the rights of consumers and service professionals, and resolve disputes.
Consumers: During the Account registration process and during your usage of SHEBA.XYZ’s website or application, we will collect information such as your name, postal code, telephone email address and other personal information. You also may provide us with your mailing address, and demographic information (e.g., gender, age, political preference, education, race or ethnic origin, and other information relevant to user surveys and/or offers). We may also collect personal information that you post in your Offer, Profile, Wants, or Feedback, and any comments or discussions you post in any blog, chat room, or other correspondence site on the Website or mobile application, or any comments you provide during dispute resolution with other users of the Website or mobile application.
You may log into our Website through your Facebook account. If you do so, you must enter the email address and password that you use for your Facebook account. We will ask that you grant us permission to access and collect your Facebook basic information (this includes your name, profile picture, gender, networks, user IDs, list of friends, date of birth, email address, and any other information you have set to public on your Facebook account). If you allow us to have access to this information, then we will have access to this information even if you have chosen not to make that information public.
We store the information that we receive from Facebook with other information that we collect from you or receive about you.
Facebook controls the information it collects from you. For information about how Facebook may use and disclose your information, including any information you make public, please consult Facebook’s privacy policy. We have no control over how any third-party site uses or discloses the personal information it collects about you.
In order to request us for Facebook data deletion please visit Facebook data deletion policy.
We and our third-party service providers, which include ad networks, use cookies, web beacons, and other tracking technologies to collect information about your use of our Website and Services, such as your browser type, your ISP or operating system, your domain name, your access time, the URL of the previous website you visited, your page views, your IP address, and the type of device that you use. We also track how frequently you visit our Website and use our Services. We use this information (including the information collected by our third-party service providers) for Website analytics (including to determine which portions of our Website are used most frequently, what our users like/do not like), to assist us in determining relevant advertising) both on and off our Website), to evaluate the success of our advertising campaigns, and as otherwise described in this policy. Currently, we do not honor browser requests not to be tracked.
We may obtain your device ID, which is sent to SHEBA.XYZ’s servers and used in fraud prevention efforts.
Cookies: We and our third-party service providers collect information from you by using cookies. A cookie is a small file stored on user’s computer hard drive containing information about the user. The cookie helps us analyze web traffic or informs you about your use of a particular website. Cookies allow web applications to respond to you as an individual, tailoring its operations to your needs, likes and dislikes by gathering and remembering information about your preferences. When you visit the Website, we may send one or more cookies (i.e., a small text file containing a string of alphanumeric characters) to your computer that identifies your browser. Some of these cookies may be connected to third-party companies or websites. The terms of use of such cookies are governed by this Policy and the privacy policy of the relevant third-party company or website. For example, Google measures the performance of advertisements by placing cookies on your computer when you click on ads. If you visit the Website when you have such cookies on your computer, we and Google will be able to tell that you saw the ad delivered by Google. The terms of use of these cookies are governed by this Policy and Google’s Privacy Policy.
Disabling Cookies: You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you disable cookies you may be prevented from taking full advantage of the Website because it may not function properly if the ability to accept cookies is disabled.
Clear GIFs, pixel tags and other technologies: Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on your computer’s hard drive, clear GIFs are embedded invisibly on web pages. We may use clear GIFs (a.k.a. web beacons, web bugs or pixel tags), in connection with our Website to, among other things, track the activities of Website visitors, help us manage content, and compile statistics about Website usage. We and our third-party service providers also use clear GIFs in HTML emails to our customers, to help us track email response rates, identify when our emails are viewed, and track whether our emails are forwarded.
At our sole discretion, SHEBA.XYZ may offer any of the following free services on the Website, which you may select to use or receive at your option. Certain of the following services may require you to provide additional personal information as detailed below:
We may offer a free electronic newsletter to users. We will gather the email addresses of users who sign up for SHEBA.XYZ for the newsletter mailing list. Users may remove themselves from this mailing list by opting out of receiving newsletters during the registration process, by following the link provided in each newsletter that points users to a subscription management page where the user can unsubscribe from receiving newsletters or by changing their preferences in their Profile Settings page.
Our Website users can voluntarily choose to electronically forward a link, page, or document to someone else by clicking “send to a friend.” To do so, the user must provide his or her email address, as well as the email address of the recipient. The user’s email address is used only in the case of transmission errors and, of course, to let the recipient know who sent the email. The information is not used for any other purpose.
We may offer interactive polls to users so they can easily share their opinions with other users and see what our audience thinks about important issues, Services, and/or the Website. Opinions or other responses to polls are aggregated and are not identifiable to any particular user. We may use a system to “tag” users after they have voted, so they can vote only once on a particular question. This tag is not correlated with information about individual users.
We may conduct user surveys from time to time to better target our content to our Website users. We will not share individual responses from these surveys with any unassociated third party. We will share aggregate data with third party service providers, partners, and other third parties. We also will post aggregate data containing survey responses on our Website; that data may be viewed and downloaded by other users of our Website.
We employ procedural and technological security measures, which are reasonably designed to help protect your personal information from unauthorized access or disclosure. SHEBA.XYZ may use encryption, passwords, and physical security measures to help protect your personal information against unauthorized access and disclosure. No security measures, however, are 100% complete. Therefore, we do not promise and cannot guarantee, and thus you should not expect, that your personal information or private communications will not be collected and used by others. You should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping your log-in and password private. SHEBA.XYZ is not responsible for the unauthorized use of your information or for any lost, stolen, compromised passwords, or for any activity on your Account via unauthorized password activity.
We may share the information that we collect about you, including your personal information, as follows:
We may disclose your information including Personal Information if: (i) SHEBA.XYZ reasonably believes that disclosure is necessary in order to comply with a legal process (such as a court order, search warrant, etc.) or other legal requirement of any governmental authority, (ii) disclosure would potentially mitigate our liability in an actual or potential lawsuit, (iii) reasonably necessary to enforce this Privacy Policy, our Terms of Use etc. (iv) disclosure is intended to help investigate or prevent unauthorized transactions or other illegal activities, or (v) necessary or appropriate to protect our rights or property, or the rights or property of any person or entity.
We may contract with various third parties for the provision and maintenance of the Website, Services and our business operations, and SHEBA.XYZ may need to share your personal information and data generated by cookies and aggregate information (collectively, “information”) with these vendors and service agencies. For example, we may provide your information to a credit card processing company to process your payment. The vendors and service agencies will not receive any right to use your personal information beyond what is necessary to perform its obligations to provide the Services to you. If you complete a survey, we also may share your information with the survey provider; if we offer a survey in conjunction with another entity, we also will disclose the results to that entity.
Your request for services may be shared with third party websites with whom we have a contractual relationship in order to provide your request with maximum exposure. The post on the third-party website will include the details of your request, including your location, and other contact details. Interested bidders, however, will be able to click on your request on such third-party site, and will be directed to our Website where they will have access to your contact details (Partial or complete), as would any other service provider on our Website interested in bidding on your request.
If you are a Service Professional, the information that you post (other than your payment information) is available to other users of our Website and our Services. Comments that users post to our Website also will be available to other visitors to our Website (see our discussion of User Generated Content below). In addition, we will post the results (in aggregate form) of surveys to our Website. If you are a consumer, name, and location, as well as the details of your request, are available to all visitors to our Website. Bidding professionals also will be permitted to see the consumer’s full name, telephone number, email address and the location.
We will disclose your information, including, without limitation, your name, city, state, telephone number, email address, user ID history, quoting and listing history, and fraud complaints, to law enforcement or other government officials if we are required to do so by law, regulation or other government authority or otherwise in cooperation with an investigation of a governmental authority.
In the event that SHEBA.XYZ undergoes a change in control, including, without limitation, a merger or sale of all or substantially all of SHEBA.XYZ’s assets to which this Website relates or other corporate reorganization in which SHEBA.XYZ participates, and is thus merged with or acquired by a third party entity (a “Successor”), SHEBA.XYZ hereby reserves the right to transfer the information we have collected from the users of the Website and/or Services to such Successor under the same terms and conditions, as applicable, without need for further documentation.
We may share your personal information with other Registered Users to whom you explicitly ask us to send your information or if you explicitly consent to such disclosure upon receipt of a specific Service. For instance, when you contract for a specific Service with another Registered User, SHEBA.XYZ will send that Registered User a notice that includes the personal information that you have chosen to allow SHEBA.XYZ to reveal to users with whom you contract.
The Website may contain links to other websites or resources over which SHEBA.XYZ does not have any control. Such links do not constitute an endorsement by SHEBA.XYZ of those external websites. You acknowledge that SHEBA.XYZ is providing these links to you only as a convenience, and further agree that SHEBA.XYZ is not responsible for the content of such external websites. We are not responsible for the protection and privacy of any information which you provide while visiting such external websites and such sites are not governed by this Policy. Your use of any external website is subject to the terms of use and privacy policy located on the linked to external website.
You may choose to restrict the collection or use of your personal information in the following ways:
You can review, correct and delete your personal information by logging into the Website and navigating to your preferences page in “Edit Profile.” You must promptly update your personal information if it changes or is inaccurate. Typically, we will not manually alter your personal information because it is very difficult to verify your identity remotely. Nonetheless, upon your request we will close your Account and remove your personal information from view as soon as reasonably possible based on your Account activity and in accordance with applicable law. We do retain information from closed Accounts in order to comply with the law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations of any Registered User, enforce our Terms of Use, and take any other actions otherwise permitted by law that we deem necessary in our sole and absolute discretion. You should understand,
however, that once you publicly post a Request, Offer, Want, Feedback, or any other information onto the Website, you may not be able to change or remove it. Once we have deleted or removed your Account, you agree that SHEBA.XYZ shall not be responsible for any personal information that was not included within your deleted and/or removed Account that remains on the Website.
We may send periodic promotional or informational emails to you. You may opt-out of such communications by following the opt-out instructions contained in the email.
Please note that it may take up to 10 business days for us to process opt-out requests. If you opt-out of receiving emails about recommendations or other information we think may interest you, we may still send you emails about your Account or any Services you have requested or received from us.
We participate in third party ad networks that may display advertisements on other websites based on your visits to our Site as well as other websites. This enables us and these third parties to target advertisements by displaying ads for products and services in which you might be interested. Third party ad network providers, advertisers, sponsors and/or traffic measurement services may use cookies, JavaScript, web beacons (including clear GIFs), Flash LSOs and other technologies to measure the effectiveness of their ads and to personalize advertising content to you. These third party cookies and other technologies are governed by each third party’s specific privacy policy, and not by SHEBA.XYZ’s Policy. We may provide these third-party advertisers with information about your usage of our Site and our services, as well as aggregate or non-personally identifiable information about visitors to our Site and users of our service.
As a Registered User of the Website you will select a Full Name during the registration process. All of your activities on the Website will be traceable to your Full Name. Certain other people, including other Registered Users with whom you have transacted business via the Website, can see a large part of your activity on the Website. If you book a service with a Registered User, cancel a scheduled service with a Registered User, receive an offer on your posted service from a Registered User, or have posted a service, SHEBA.XYZ may send a notice to you or the appropriate Registered User that includes your Full Name. Thus, if you associate your real name with your Full Name, the people to whom you have revealed your name may be able to personally identify your Website activities.
The Website facilitates your sharing of personal information with others in order to negotiate, provide, and use the Services. If you agree to contract for a service with another Registered User, you may need to reveal your name, email, phone number, or personal address to that individual so that the service may be performed. Please respect the privacy of others. You agree to use the information of other users solely for the following purposes: (a) SHEBA.XYZ -transaction-related purposes; and (b) using Services offered through the Website.
Your password is the key to your Account. When creating your password, you should use unique numbers, letters, special characters, and combinations thereof. In addition, DO NOT disclose your password to anyone. If you do share your password or your personal information with others, you are solely responsible for all actions taken via your Account. If you lose control of your password, you may lose substantial control over your personal information and be subject to legally binding actions taken on your behalf. Thus, IF YOUR PASSWORD HAS BEEN COMPROMISED FOR ANY REASON, YOU MUST IMMEDIATELY NOTIFY SHEBA.XYZ TO CHANGE YOUR PASSWORD.
We invite you to post content on our Website, including your comments, feedback, pictures, and any other information that you would like to be available on our Website. If you post content to our Website, all of the information that you post will be available to all visitors to our Website. If you post your own content on our Website or Services, your posting may become public and SHEBA.XYZ cannot prevent such information from being used in a manner that may violate this Policy, the law, or your personal privacy.
©2017 Sheba Platform Limited. All Rights Reserved
রিফান্ড প্রক্রিয়া হচ্ছে অর্ডার বাতিল বা অন্য কোন কারণে মার্চেন্ট কর্তৃক স্বেচ্ছায় গ্রাহককে তার পরিশোধিত অর্থ ফেরত প্রদানের প্রক্রিয়া।
(১) সেবা পে এর মাধ্যমে মার্চেন্টের কাছে গ্রাহক তার পণ্য/সেবার অর্ডার বাতিল করলে বা মার্চেন্ট গ্রাহককে তার অডরিকৃত পণ্য/ সেবা সরবরাহে ব্যর্থ হলে বা গ্রাহকের অডরিকৃত পণ্য/ সেবা নির্ধারিত সময়ে গ্রাহককে পৌঁছাতে ব্যর্থ হলে পণ্য/ সেবার বিপরীতে গ্রাহকের অগ্রিম পরিশোধিত অর্থ মার্চেন্ট ফেরত প্রদান করতে বাধ্য থাকবে।
(২) সেবা পে মার্চেন্ট গ্রাহকের অনুরোধের প্রেক্ষিতে কিংবা স্বপ্রণোদিত হয়ে সেবা পের এসক্রো মেকানিজমে গ্রাহকের পরিশোধিত অর্থ ফেরত প্রদানের অনুরোধ জানাতে পারবেন।
(৩) সেবা পে মার্চেন্টকর্তৃক অর্থ ফেরত প্রদানের অনুরোধের পর যে সকল গ্রাহকের অর্থ সংশ্লিষ্ট মার্চেন্ট সেবা পে এর কাছে জমা থাকবে সেসকল গ্রাহকের অর্থ অনধিক ৩ (তিন) কর্মদিবসের মধ্যে গ্রাহককে ফেরত প্রদান করা হবে।যেসকল গ্রাহকের অর্থ ইতোমধ্যে ডিজিটাল কমার্স মার্চেন্টের অনুকূলে নিষ্পত্তি করা হয়ে গেছে, সেসকল গ্রাহকের অর্থ পুনরায় সেবা পে মার্চেন্ট কর্তৃক সেবা পের অনুকুলে জমা করার অনধিক ৩ (তিন) কর্মদিবসের মধ্যে গ্রাহককে ফেরত প্রদান করতে হবে।
(৪) পদ্ধতিগত কোন ত্রুটির কারণে ৩ (তিন) কর্মদিবসের মধ্যে গ্রাহকের অর্থ ফেরত প্রদান করা না গেলে সংশিষ্ট গ্রাহক/ ইস্যুয়ার ও সেবা পে মার্চেন্টকে নোটিশ প্রদান করতে হবে এবং ত্রুটি সমাধানের পর দ্রুততম সময়ের মধ্যে অর্থ ফেরত প্রদান করতে হবে।
(৫) রিফান্ড-এর ক্ষেত্রে ক্রেতার পরিশোধিত অর্থ যে মাধ্যমে ক্রেতা পরিশোধ করেছেন সেই একই মাধ্যমে ফেরত প্রদান করা হবে তবে, ক্রেতা যে ব্যাংক হিসাব বা ওয়ালেট বা পেমেন্ট ইন্সটুমেন্ট হতে পরিশোধ করেছে তা স্থায়ীভাবে বন্ধ হয়ে গেলে সেবা পে কর্তৃক ক্রেতার পরিচয় নিশ্চিত হওয়া সাপেক্ষে ক্রেতার অন্য কোন ব্যাংক হিসাবে অর্থ ফেরত প্রদান করা হবে।
১মঃ গ্রাহক পণ্য/ সেবার বিপরীতে পরিশোধিত অর্থ ফেরত প্রদানের জন্য মার্চেন্টকে অনুরোধ করবে;
২য়ঃ মার্চেন্ট গ্রাহকের অনুরোধের প্রেক্ষিতে কিংবা স্বপ্রণোদিত হয়ে সেবা পে এর এসক্রো মেকানিজমে গ্রাহকের পরিশোধিত অর্থ ফেরত প্রদানের অনুরোধ জানাবে;
৩য়ঃ এসক্রো মেকানিজম পণ্য/ সেবা সরবরাহ সংক্রান্ত তথ্য যাচাইপূর্বক গ্রাহকের হিসাবে অর্থ ফেরতের ব্যবস্থা নিবে;
8র্থঃ গ্রাহক অর্থ ফেরত পাওয়ার মাধ্যমে লেনদেনের পরিসমান্তি ঘটবে।
চার্জব্যাক প্রক্রিয়া: চার্জব্যাক (Charge Back) প্রক্রিয়া হচ্ছে অর্ডারকৃত পণ্য বা সেবা যথা সময়ে না পাওয়ায় বা মার্চেন্টের পণ্য বা সেবা সরবরাহ সংক্রান্ত অন্য কোন প্রতিশ্রুতি ভঙ্গের কারণে সংক্ষুব্ধ গ্রাহক কর্তৃক সংশ্লিষ্ট ইস্যুয়ার প্রতিষ্ঠানের মাধ্যমে পরিশোধিত অর্থ মার্চেন্ট হতে ফেরত চাওয়ার প্রত্রিয়া।
(১) পেমেন্ট কার্ড স্কিমের ক্ষেত্র চার্জ ব্যাক প্রক্রিয়া:
পেমেন্ট কার্ডস্কিম সমূহ (যেমন- ভিসা, মাস্টারকার্ড, আমেরিকান এক্সপ্রেস, জেসিবি, ইউনিয়নপে, এন পি এস বি ইত্যাদি) -এর ক্ষেত্রে গ্রাহক সেবা পের কাছে নির্ধারিত প্রক্রিয়া অনুসারে চার্জব্যাকের আবেদন করবে। কার্ড ইস্যুকারী প্রতিষ্ঠান সংশ্লিষ্ট কার্ডস্কিমের বিদ্যমান নীতিমালা অনুযায়ী গ্রাহকের চার্জব্যাক আবেদন নিষ্পত্তি করবে।
(২) সেবা পে চার্জব্যাক প্রক্রিয়া:
Flow Chart: Customer Chargeback diagram
Additional Notes
+ Mastercard users can file a chargeback within 120 days of the date the transaction was processed, for most reason codes. The timeframe for merchants to respond is 45 days, minus time that documents spend in transit between parties.
+ Visa users can file a chargeback within 120 days of the date the transaction was processed, for most reason codes. Unlike Mastercard, though, Visa chargeback timeframes start the day after the transaction was processed.
+ Amex has a 120-day limit. However, the start of that timeframe will vary based on the reason code.
Issue Type | Steps | Process Flow | Responsibility | Timeline |
Chargeback Issues | 1st | The cardholder contacts the bank that issued the card to file a dispute. | Customer |
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| 2nd | The chargeback will be passed to the acquiring bank | Issuer Bank |
| |
| 3rd | The bank will forward the chargeback to the SPL/Merchant. | Acquiring Bank |
| |
| 4th | #Compliance will reply to BANK as per system generated status regarding payment. (completed/failed/initieated). 1. Send an acknowledgement email to the Bank 2. Cross Checking the payments (valid or not) 3. Responding with the result (Completed, Failed, Initiated). If completed then reply to the bank accordingly. If system reflects failed/initiated then follow below steps: 4. Identify the merchant and instruct them to submit valid delivery evidence. (POD/Invoice/Challan) 5. Identify customer and take a feedback regarding payment (purpose) 6. After receipt of evidence from the Merchant, share the same with the Bank via Email.
NOTE: i. If Compliance fails to collect (ref: 4) merchant’s email address or reach merchant through email then Compliance will involve Business. ii. If Compliance and Business both are unable to collect valid evidence from Merchant an meeting will be conducted with Business lead for final decision which will be communicated to Bank/Payment platform | Compliance |
| |
| 5th | If any Adjustment and refund required through the event then, Compliance will raise a FLAG with all relevant stakeholders acknowledgement and Finance will process the settlement. | Compliance |
| |
| 6th | For any adjustment or refund if the Finance team requires any assistance regarding maintaining their credential then finance will collaborate with bank/MFS .
[Note: Compliance will assist to mitigate the dispute & compliance issue, for financial management finance will take assistance from Bank/MFS if required] | Finance |
| |
| 7th | After completing adjustment (if required) Finance will notify to Compliance | Finance |
| |
| 8th | Compliance will pass same and final statement to acquiring Bank via Email and Merchant as well | Compliance |
| |
| 9th | Acquiring Bank will notify to Issuer Bank | Acquiring Bank |
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| 10th | Issuer Bank notifying to Customer | Issuer Bank |
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৩. গ্রাহক তার ওয়ালেট (MFS/PSP ইত্যাদি) হতে ডিজিটাল কমার্সের অনুকূলে পণ্য/ সেবামূল্য পরিশোধের পর নির্ধারিত Terms and Conditions অনুযায়ী পণ্য/ সেবা সরবরাহ না পেলে নিস্লোক্ত প্রক্রিয়ায় চার্জব্যাক আবেদন করতে পারবেন:
১মঃ ক্রেতা [Terms and Condition অনুযায়ী পণ্য/ সেবা সরবরাহ না পেলে সেবা পের এর নিকট অর্থ পরিশোধের অনধিক ১৫ (পনের) কর্ম দিবসের মধ্যে চার্জব্যাকের আবেদন করতে পারবেন।
২য়ঃ ইস্যুয়ার গ্রাহকের চার্জব্যাক আবেদন প্রাপ্তির অনধিক ৩ (তিন) কর্মদিবসের মধ্যে সেবা পের নিকট ফরওয়ার্ড করবে।
৩য়ঃ সেবা পে উক্ত অর্ডার সরবরাহ সংত্রান্ত প্রয়োজনীয় তথ্য সরবরাহের জন্য উক্ত মার্চেন্টকে অনুরোধ করবে।
8র্থঃ মার্চেন্ট গ্রাহকের চার্জব্যাক আবেদন নিষ্পত্তির লক্ষ্যে প্রয়োজনীয় তথ্যাদি সেবা পেকে সরবরাহ করবে।
৫মঃ মার্চেন্ট হতে সংগৃহীত তথ্যাদি যাচাই-বাছাই সাপেক্ষে সেবা পে গ্রাহকের চার্জব্যাক আবেদন প্রাপ্তির অনধিক ৫ (পাচ) কর্মদিবসের মধ্যে গ্রাহকের দাবী গ্রহণ বা বাতিল করার বিষয়ে সিদ্ধান্ত গ্রহণ করবে এবং সংশ্লিষ্ট ইস্যুয়ার কে অবহিত করবে।
৬ষ্ঠ ইস্যুয়ার সেবা পে হতে সিদ্ধান্ত প্রাপ্তির পরবর্তী ২ (দুই) কর্মদিবসের মধ্যে গ্রাহককে তা অবহিত করবে।
৪। গ্রাহকের দাবী গ্রহণ: এাকোয়ারার কর্তৃক গ্রাহকের চার্জব্যাক দাবী গৃহীত হলে পরবর্তী৩ (তিন) কর্মদিবসের মধ্যে গ্রাহকের পরিশোধিত মাধ্যমে অর্থ ফেরত প্রদান করা হবে।
৫। গ্রাহকের দাবী বাতিল: সেবা পে কর্তৃক গ্রাহকের চার্জব্যাক দাবী বাতিল করা হলে, দাবী বাতিলের কারণসহ সংশ্লিষ্ট ইস্যুয়ারকে অবহিত করবে। ইস্যুয়ার সেবা পে হতে প্রাপ্ত সিদ্ধান্ত গ্রাহককে অবহিত করবে।
৬। গ্রাহকের সম্মতি/ অসম্মতি: গ্রাহক সেবা পে কর্তৃক চার্জব্যাক আবেদন বাতিলের সিদ্ধান্তে সম্মত হলে বিরোধ নিষ্পত্তি হবে। গ্রাহক চাইলে সংশ্লিষ্ট ডিজিটাল কমার্স মার্চেন্টের বিরুদ্ধে জাতীয় ভোক্তা অধিকার সংরক্ষণ অধিদপ্তর বা সরকার কর্তৃক নির্ধারিত কর্তৃপক্ষ বরাবর অভিযোগ দায়ের করার মাধ্যমে বিরোধ নিষ্পত্তি করতে পারেন।সেক্ষেত্রে ইস্যুয়ার সেবা পে সংশ্লিষ্ট লেনদেন সংত্রান্ত যাবতীয় তথ্য প্রদান করে বিরোধ নিষ্পর্তিতে সহায়তা করবে এবং বিধি মোতাবেক ব্যবস্থা গ্রহণ করবে।
(১) গ্রাহক কর্তৃক সেবা পে মার্চেন্টের অনুকূলে পণ্য বা সেবার মুল্য পরিশোধের অনধিক ১২০ (একশতবিশ) দিনের মধ্যে পণ্য বা সেবার ডেলিভারি কনফার্মেশন না পেলে বা উক্ত পরিশোধের জন্য মার্চেন্ট হতে গ্রাহককে অর্থ ফেরতের অনুরোধ (Refund Request) না পেলে বা গ্রাহক হতে চার্জ ব্যাক আবেদন না পেলে; সেবা পে গ্রাহকের অর্থ কেন গ্রাহককে ফেরত প্রদান করা হবে না এমর্মে মার্চেন্ট-কে নোটিশ প্রদান করবে।
(২) নোটিশ প্রদানের ১ (এক) মাসের মধ্যে মার্চেন্ট পণ্য বা সেবার ডেলিভারি কনফার্মেশন বা গ্রাহককে অর্থ ফেরতের অনুরোধ (Refund request) না করলে এসক্রো সার্ভিস স্বয়ংক্রিয়ভাবে গ্রাহককে স্ব স্ব মাধ্যমে অর্থ ফেরত প্রদান করবে।
(৩) সেবা পে প্রতি অর্থ বছর শেষে গ্রাহকের অদাবীকৃত অর্থের (যদিথাকে) একটি বিবরণী বাংলাদেশ ব্যাংকে দাখিল করবে এবং গ্রাহকের অদাবীকৃত অর্থ বাংলাদেশ ব্যাংককর্তৃক নির্ধারিত প্রক্রিয়ায় নিষ্পত্তি হবে।
সেটেলমেন্ট আ্যাকাউন্ট ব্যবস্থাপনা :
(১)সেবা পে মার্চেন্টের পক্ষে গ্রাহক হতে সংগৃহীত পণ্য/সেবামূল্য সেবা পে ব্যাংকে রক্ষিত ট্রাস্ট কাম সেটেলমেন্ট আ্যাকাউন্টে জমা করবে।
(১) মার্চেন্ট আ্যাকাউন্টে প্রতারণা/জালিয়াতি ঘটছে মর্মে প্রতীয়মান হলে সেবা পে অবিলম্বে তা তদন্ত করবে এবং ঘটনার সত্যতা প্রমাণিত হলে মার্চেন্ট আ্যাকাউন্টে লেনদেন বন্ধ করে প্রযোজ্য ক্ষেত্রে আইনি ব্যবস্থা গ্রহণ করবে।
(২) পণ্য/সেবা মূল্য পরিশোধের পরে পণ্য/সেবা সরবরাহের পূর্বে মার্চেন্ট দেউলিয়া হলে তার দায়-দেনা নিষ্পত্তির ক্ষেত্রে দেশে প্রচলিত আইন অনুযায়ী ব্যবস্থা গৃহীত হবে।