DakDeal.com - Terms and Conditions

A. Introduction:

Welcome to DakDeal.com, hereinafter referred to as "we," "us," or "DakDeal." DakDeal is an online marketplace, and the following terms and conditions govern your access and use of DakDeal, including its related sub-domains, sites, mobile applications, services, and tools (the "Website"). By using the Website, you agree to comply with these terms and conditions (the "User Agreement"). This User Agreement becomes effective upon your use of the Site, signifying your acceptance of these terms. If you do not agree to be bound by this User Agreement, please do not access, register, or use this Site. The Site is owned and operated by DakDeal Bangladesh Limited, a company incorporated under the Companies Act, 1994.

The Site reserves the right to modify, alter, add, or remove portions of these Terms and Conditions at any time without prior notice. Changes will be effective when posted on the Site without any other notice provided. Please check these Terms and Conditions regularly for updates. Your continued use of the Site following the posting of changes to Terms and Conditions constitutes your acceptance of those changes.

B. CONDITIONS OF USE

1. YOUR ACCOUNT:

To access certain services offered by the platform, you may be required to create an account with us or provide personal information to complete the account creation. We may, at any time at our sole discretion, revoke the username and/or password without giving any reason or prior notice and shall not be liable for any losses suffered by, caused by, arising out of, in connection with, or by reason of such request or denial.

Any agreement between us, whether for the use of the site or in relation to the purchase of products or services through the site, will be governed by the laws of Bangladesh, and all parties submit to the non-exclusive jurisdiction of the Bangladeshi Courts.

You are responsible for maintaining the confidentiality of your user identification, password, account details, and related private information. You agree to accept this responsibility and ensure that your account and its related details are maintained securely at all times, taking all necessary steps to prevent misuse of your account. Notify us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner. You agree and acknowledge that any use of the Site and related services or any access to private information, data, or communications using your account and password will be deemed to be either performed by you or authorized by you as such. You agree to be bound by any access of the Site and/or use of any services offered by the Site (whether such access or use are authorized by you or not). You agree that we shall be entitled (but not obliged) to act upon, rely on, or hold you solely responsible and liable in respect thereof as if the same were carried out or transmitted by you. You further agree and acknowledge that you shall be bound by and agree to fully indemnify us against all losses arising from the use of or access to the Site through your account.

Please ensure that the details you provide us are correct and complete at all times. You are obligated to update information about your account in real-time by accessing your account online. For information you are unable to update by accessing Your Account on the Site, you must inform us via our customer care communication channels to assist you with these changes. We reserve the right to refuse access to the Site, terminate accounts, remove or edit content at any time without prior notice to you. We may, at any time at our sole and absolute discretion, request that you update your Personal Data or forthwith invalidate the account or related details without giving any reason or prior notice and will not be liable or responsible for any losses suffered by or caused by you or arising out of or in connection with or by reason of such request or invalidation. You hereby agree to change your password from time to time and keep your account secure and also shall be responsible for the confidentiality of your account and liable for any disclosure or use (whether such use is authorized or not) of the username and/or password.

2. Your Account vs Your Order:

• We only consider the name of a DakDeal account holder as the owner of and the client of the product(s) which has been ordered from the respective DakDeal account. You should not request any changes in the name of the owner while delivering the product (i.e., Motor Bike/Car, apartments, lands, etc.).

• DakDeal retains all kinds of authority to ban/cancel/freeze/unfreeze your account(s) if they think it should be done so. DakDeal is not bound to provide the balance amount (of cashback) to you if your account is blocked/banned. Any kind of balance paid by you through bKash/bank/cash would be refunded to you within a reasonable time period, depending on the calculation of your total payment vs the cashback you received and used.

3. Your Conduct:

You shall not use the site in any way that causes, or is likely to cause, the Site or access to it to be interrupted, damaged, or impaired in any way. You shall not engage in activities that could harm or potentially harm the Site, its servers, officers, representatives, affiliates, or any other party directly or indirectly associated with the Site or access to it to be interrupted, damaged, or impaired in any way. You understand that you, and not us, are responsible for all electronic communications and content sent from your computer to us, and you must use the Site for lawful purposes only. You are strictly prohibited from using the Site:

• For fraudulent purposes, or in connection with a criminal offense or other unlawful activities

• To send, use or reuse any material that does not belong to you; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred, or physical harm), deceptive, misleading, abusive, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security, or sovereignty of Bangladesh or friendly relations with foreign States; or offensive or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any 'spam'

• Use the Site for illegal purposes.

• To cause annoyance, inconvenience, or needless anxiety

• For any other purposes that are other than what is intended by us

4. Submission:

Any submissions made by you to the Site, including but not limited to, queries, reviews, comments, and suggestions (collectively, "Submissions"), will become our sole and exclusive property and will not be returned to you. In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit, in connection with such review, comment, or other content. You shall not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions without any notice or legal course applicable to us in this regard.

5. CLAIMS AGAINST OBJECTIONABLE CONTENT:

We list a multitude of products, including apartments & lands for sale, offered by various sellers on the Site and host various comments on listings. It is not possible for us to be aware of the content of every product listed for sale or every comment or review that is displayed. Accordingly, we operate on a "claim, review, and takedown" basis. If you believe that any content on the Site is illegal, offensive, misleading, deceptive, abusive, harassing, defamatory, libelous, obscene, pornographic, pedophilic, or threatening; ethnically objectionable, disparaging; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security, or sovereignty of Bangladesh or friendly relations with foreign States; or offensive or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, (" objectionable content "), please inform us immediately by writing to us at legal@dakdeal.com. We will make all reasonable attempts to investigate and remove valid objectionable content complained about within a reasonable amount of time.

Please ensure to provide your name, address, contact information, and as many relevant details of the claim, including the name of objectionable content party, instances of objection, evidence of objection among others. Please note that providing incomplete details will hinder your case and be unusable for legal purposes.

6. CLAIMS AGAINST INFRINGING CONTENT:

We respect the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please inform us, and we will make reasonable efforts to address your concern within a reasonable amount of time. Please ensure to provide your name, address, contact information, and as many relevant details of the claim, including the name of infringing party, claims of infringement, and proof of infringement among others. Please note that providing incomplete details will hinder your case and be unusable for legal purposes. Additionally, providing false or misleading information may be considered a legal offense and may be followed by legal proceedings.

We also respect a manufacturer's right to enter into exclusive distribution or resale agreements for its products. However, violation of such agreements does not constitute intellectual property rights infringement. As the enforcement of these agreements is a matter between the manufacturer, distributor, and/or specific retailer, it would not be appropriate for us to assist in the enforcement of such activities. While we cannot provide legal advice or share confidential information as protected by the law, we recommend that any questions or concerns regarding your rights be directed to legal counsel.

7. Indemnity:

You shall indemnify and hold harmless DakDeal Limited, its subsidiaries, affiliates, and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of your breach of these Terms and Conditions or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.

You hereby expressly release DakDeal as owned by affiliates and any of its officers and representatives from any cost, damage, liability, or other consequence of any actions/inactions of the sellers or other service providers and expressly waive any claims or demands that you may have in this behalf under any statute, contract, or otherwise.

8. Losses:

We shall not be responsible for any business or personal losses (including but not limited to loss of profits, revenue, contracts, anticipated savings, data, goodwill, or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the Site.

9. Corrections TO CONDITIONS OR ALTERATIONS OF SERVICE AND RELATED PROMISE:

We reserve the right to make changes to the Site, its policies, these terms and conditions, and any other publicly displayed condition or service promise at any time. You will be subject to the policies and terms and conditions in force at the time you used the Site unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

10. WAIVER:

You acknowledge and understand that we are a private business enterprise and reserve the right to conduct the business to achieve our objectives in a manner we deem fit. You also acknowledge that if you breach the conditions stated on our Site and we take no action, we are still entitled to use our rights and remedies in any other situation where you breach these conditions.

11. GOVERNING LAW AND JURISDICTION:

These terms and conditions are governed by and construed in accordance with the laws of The People's Republic of Bangladesh. You agree that the courts, tribunals, and/or quasi-judicial bodies located in Dhaka, Bangladesh, will have the exclusive jurisdiction on any dispute arising within Bangladesh under this Agreement.

12. Offers:

• DakDeal is not liable or bound to provide any other offers of any merchant/importer/vendors’ at any other places/sites except DakDeal. You can just request/ask/solicit or seek information about the offers given/announced by DakDeal.

• One client will have the option to buy one item during any special offers (*if not allowed and announced multiple quantities by DakDeal).

• Customers cannot claim to withdraw any kind of cashback by any other form (example - by bKash, bank, or cash) except DakDeal balance.

13. Valuing, AVAILABILITY AND ORDER PROCESSING

All costs are recorded in Bangladeshi Taka (BDT) and are comprehensive of VAT, as displayed on the DakDeal website (dakdeal.com). The prices on the website are set by the respective merchants and may be subject to change. The prices listed in your Shopping Cart will be the most up-to-date prices as displayed on the item's product detail page. Placing an item in your cart does not guarantee the price shown at that time. It is possible that a product's price may fluctuate between the time it is added to the cart and the time of purchase.

We do not offer price matching for items sold by merchants on our Site or other websites. While we strive to provide accurate pricing information, errors may occur, and we reserve the right to refuse or cancel any order. If an item is mispriced, we may contact you for instructions or cancel the order, and our refund policies will apply.

We display product availability information on each product's information page. Dispatch estimates are not guaranteed delivery times and may change as we process your order. In case of unavailability or order processing issues, we may contact you for additional information or cancel the order.

To prevent fraud, we may verify your payment details and personal information before fulfilling an order. Failure to respond to such requests may lead to order cancellation.

If pricing errors occur, and a mispriced product is delivered despite customer notification, the seller will bear legal liability for the discrepancy.

14. Special Items

SECURITY AND FRAUD

When using a voucher, you confirm that you are the authorized recipient and are using it in good faith. Any attempt to redeem a voucher unlawfully may result in legal consequences. If we suspect voucher misuse, we reserve the right to reject or cancel orders without liability. Further actions deemed appropriate may also be taken by DakDeal.

15. Mass Purchasing

DakDeal's platforms are intended for non-commercial and domestic use only. Orders for commercial or resale purposes may be rejected or canceled. Product quantity limits may be enforced to ensure availability for all customers.

16. RESELLING DAKDEAL PRODUCTS

Reselling DakDeal products for business purposes is strictly prohibited. Unauthorized reselling may result in legal action. If any order is placed to exploit paid amounts, legal action may be taken. Violations by sellers (as customers) using cashback or other balances may lead to legal consequences.

17. Stock Availability

Orders are subject to stock availability. DakDeal reserves the right to cancel orders at any time, regardless of duration, due to stock issues.

18. Delivery Timeline

Delivery may take longer than usual, and timelines are subject to government laws and policies. Unforeseen events such as political unrest, holidays, or lockdowns may cause delays.

19. Delivery Charge(s)

19.i) Delivery charges apply. 19.ii) Home delivery terms follow carrier and seller policies. 19.iii) Failed deliveries due to customer negligence require payment for return and redelivery charges.

20. Returns Policy

Refer to DakDeal's Returns Policy for details on faulty, damaged, or incorrect items. Some products may not be eligible for return, such as "Never again required" items. Device-related issues after the return window may be directed to the brand warranty center. Proper documentation is required for return/refund claims.

21. Cancellation

DakDeal retains the right to cancel orders before dispatch for reasons including mispricing, out-of-stock items, expiration, defects, technical errors, or other reasons.

22. Refund

Refunds for canceled orders will be processed within 72 hours to 10 working days. Cashback, bonuses, or gift amounts, if received, will be adjusted with the refund amount. Exceptional cases may take longer, depending on payment gateways or government authorities.

23. REPRESENTATIONS AND WARRANTIES

DakDeal does not guarantee product details or explicitly endorse third-party sales. DakDeal is not responsible for non-performance or breaches of contracts between users and sellers. During transactions, DakDeal does not acquire rights to products or services and has no liability for disputes.

Ensure that ordered products are for personal use, not commercial resale. DakDeal may cancel orders exceeding typical individual use. DakDeal may declare the purpose of orders to relevant authorities.

Customers can cancel orders before shipment without incurring costs. DakDeal sells products in quantities typical for regular households, with details outlined in the Refund Policy.