MYZOO LTD. | MYZOO.ASIA
USER TERMS & CONDITIONS
The following terms and conditions (“UUT&C”)
govern your access to and use of MYZOO.ASIA
(the “Site”) owned and operated by MYZOO
LTD. (“MYZOO.ASIA”), including any content, functionality and services
offered. Please read these UUT&C carefully
before you start using this site.
By clicking the “agree” button, you (“USER”)
agree to be bound by these UT&C at all times. Non-acceptance of the UT&C
shall disallow you from using the site.
For the purpose
of these UUT&C, wherever the context so requires "YOU" or "USER" shall mean
any natural or legal person who has agreed to become a buyer on the Platform by
providing Registration Information while registering on the site as registered
user using the computer systems or handheld or mobile phone device. The term "WE", "US", "OUR"
shall mean MYZOO LTD.
When you use any
of the services provided by MYZOO LTD. through the site, including yourself shall
be subject to the rules, guidelines, policies, terms, and conditions applicable
to such service, and they shall be deemed to be incorporated into this UT&C
and shall be considered as part and parcel of this UT&C. MYZOO LTD. reserves
the right, at its sole discretion, to change, modify, add or remove portions of
these Terms of Use, at any time without any prior written notice given to YOU.
It is your responsibility to review these UT&C periodically for updates or
changes. Your continued use of the site following the posting of changes will
mean that YOU accept and agree to the revisions.
If YOU have any questions regarding the site
or the UT&C, please contact MYZOO LTD’s customer support team by submitting
a request here [insert].
Personal Information: When you use our services, we may collect personal information such as your name, email address, phone number, and billing information.
Usage Data: We collect information about how you interact with our services. This may include your IP address, browser type, device identifiers, pages visited, and other usage statistics.
Camera Usage: With your explicit consent, we may access your device's camera to provide certain features or services. This may include capturing images or videos for identification purposes or enabling augmented reality experiences.
Location Data: With your explicit consent, we may collect location data from your device to provide location-based services or improve the functionality of our services. You can enable or disable location services at any time through your device settings.
How We Use Your Data:
Providing and Improving Services: We use the information collected to deliver, maintain, and improve our services, including personalizing your experience, troubleshooting technical issues, and developing new features.
Communication: We may use your contact information to send you important updates, announcements, or promotional offers related to our services. You can opt-out of receiving marketing communications at any time.
Security: Your data is important to us, and we take appropriate measures to protect it from unauthorized access, disclosure, alteration, or destruction.
Legal Compliance: We may use your information to comply with legal obligations, enforce our policies, or respond to legal requests from authorities.
Sharing of Data:
Third-Party Service Providers: We may share your data with trusted third-party service providers who assist us in operating our business, such as payment processors, analytics providers, or cloud hosting services. These providers are contractually obligated to safeguard your data and only use it for specified purposes.
Legal Requirements: We may disclose your information if required to do so by law or in response to valid legal requests, such as court orders or subpoenas.
YOU hereby undertake, warrant, agree and/or
understand that:
1.
REGISTRATION
1.1 In order to access the services offered by the
site (“SERVICES”), USER/s shall have to create an account. The relevant
information shall be required to create an account by way of providing your [INSERT].
1.2 YOU
confirm that all information provided by YOU is complete and accurate at all
times. This information will be held and used by the site in accordance with
our Privacy Policy, which can be found at [INSERT LINK] (“PRIVACY POLICY”).
1.3 Upon
clicking accept and completing registration with MYZOO LTD., you are entering
into a binding contract with MY= LTD. - a company registered in Bangladesh
under the Companies Act, 1994.
1.4 By
entering the site, you affirm that you are of legal age to form legally binding
contract/s, and that you are at least 18 years old or if otherwise, you are under
the control of a parent or legal guardian. We hereby give you a non-exclusive,
non-transferable, revocable license to access the site, for the purposes of purchasing
goods and services that are available on the site, in compliance with the UT&C
mentioned herein. Commercial use or use on behalf of a third party is not
allowed until we have expressly approved it in advance.
1.5 By entering the site, you affirm that that you
are using the site's resources and transacting at your own expense and that you
are using your prudent judgement before entering into any transactions. The site
or MYZOO LTD. shall not be held liable or responsible for the acts or inactions
of vendors/sellers, as well as any violation of terms by YOU. MYZOO.ASIA site
does not make any, and specifically denies any and all duty and liability in respect
of any representation, guarantee or warrantee made by any vendors and/or seller/s
on the site. MYZOO.ASIA shall not serve as a mediator or arbitrator in any dispute
or conflict between YOU and the product's sellers or suppliers or vendors.
1.6 By registering with the site, YOU agree to
abide by the UT&C at all times, not to abuse the site in any way or manner,
and not access or use the site using any automated software.
1.7 You are responsible for safeguarding your password
and use of the services occurring under your credentials at all times.
1.8 Attempts to breach security of the site on any
computer or mobile network or access an account that does not belong to you on
the site is strictly prohibited. YOU shall immediately
notify MYZOO LTD. if you discover or otherwise suspect any security breaches
related to the services on your account.
1.9 To prevent fraud or abuse, only one registered
account is allowed. Any attempt to create additional account shall be invalid
and may result in the revocation of the license issued immediately and without
any notice.
1.10 The site or MYZOO LTD. is not liable for any
technical glitches beyond the apps or site’s control at all times.
1.11 The site reserves the right in its absolute
discretion to remove, reject or modify any content posted or displayed on the site.
2.
TERMS OF USE
2.1 The site is an
e-commerce marketplace platform that allows buyers or customers or users make
purchases products/goods from MYZOO LTD. PARTNERS using the MYZOO app or
visiting the WWW.MYZOO.ASIA
by placing orders via the MYZOO.ASIA site or MYZOO app. MYZOO LTD. is merely a
platform as the facilitator and are not a party to or in any way monitoring any
transactions on the site or via a payment portal operated by a third-party
service provider.
2.2 The selling of goods on the site
shall be a purely bipartite arrangement between the user and MYZOO LTD. on the site,
with payment processing taking place between the user and MYZOO LTD. and the
user’s issuer bank in the case of prepayments of electronic cards.
2.3 The site does not make any
representation or warranty of the quality, value, saleability, etc. of the goods
or products or services listed to be sold on the site once the same, i.e.,
goods/product is dispatched or service delivered, and MYZOO LTD. accepts no
liability for any errors or omissions thereafter.
2.4 YOUR order is a request to MYZOO
LYD. to sell and deliver the products/foods displayed on the site to you, by
the MYZOO LTD. PARTNER or delivery persons which shall only be binding upon ZOO
upon completion of making the payment to MYZOO LTD., subject to availability of
the goods or product or food. Upon placing an order over the app/site, any
confirmations or status reports sent by the site to YOU is a verification of
the order that has been placed. The dispatch of the product/food shall be
construed as confirmation of your order. YOU may receive different dispatch
confirmations if the order is shipped in several packages.
2.5 The site or MYZOO LTD. has no
obligation with payment types, payment terms, warranties for goods and
services, and after-sales support for products or goods in any way.
2.6 All orders made on the site are subject to
stock supply of the MYZOO LTD. PARTNER, therefore the
app/site or MYZOO LTD. is not responsible for unsatisfactory or delayed
performance of services or damages or delays as a result of products which are
out of stock, unavailable or back ordered.
2.7 Any use or reliance on any
content or materials obtained or viewed by you through the site is at your own
risk, and MYZOO LTD. does not take the liability if in case you find such
content offensive, harmful, inaccurate or otherwise inappropriate for you.
2.8 All business transactions conducted over the app/site
shall be done in good faith, and that the site or its services shall not be
used for defrauding any individual or entity;
2.9 No stolen or misappropriated credit/debit
cards or MFS such as Bkash or Nagad number/accounts shall be used to make
payments on the site;
2.10 You shall not use the site to engage in
business activities which are similar or identical to, or for the purpose of competing
directly or indirectly with the site or MYZOO LTD.
2.11 You shall not engage in any activity/ies that
may create any legal liability for MYZOO LTD;
2.12 You shall hold MYZOO LTD. harmless from any
liability arising out of their actions or omissions and reimburse the site for any
loss or damage suffered for the same.
2.13 To place a complaint, or consult with a
representative of customer care service, please click on the following link: [INSERT
LINK]
2.14 MYZOO LTD. reserves the right to monitor the
materials posted on the site, and has the right to remove or edit any content
that in its sole discretion violates, or is alleged to violate, any applicable
law or these UT&C.
2.15 The site or MYZOO LTD. shall have no responsibility
or liability for any damage or loss to the goods or product after acceptance of
delivery.
2.16 If an order is cancelled, the money paid for
that order will be refunded within at least 15 business days, subject to any
deduction that may be applicable for any statutory purpose of third-party
involvement. The user or you agree that in exceptional circumstances, the time
for refund may take longer. Any cash back earned by the user may be balanced or
set off against the refund amount.
2.17 The goods or products purchased from the site is/are
not for resale for commercial purpose.
2.18 MYZOO LTD. retains the discretion to cancel or
withheld an order in case it finds, in its sole discretion, an order exceeds
the amount that an individual would normally consume, and the same shall be
applicable for the number of items ordered in a single order as well as putting
several orders for the same goods or product.
2.19 You must not use the site in any manner that may
interrupt, damage or impair the contents or the site in any way, and must not take
part in any action that could damage or possibly harm the site, its staff,
officers, delegates, owners, or any other group or individual directly or
indirectly involved with the site, or cause disruption or denial to access to
the site. You acknowledge that all electronic messages or communications made
by you to the site or app are done at your own instance and responsibility. You
may only use the site for lawful purposes.
3.
ORDER PLACING AND PROCESSING.
3.1 You shall place order/s according to the
minimum order quantity mentioned on the site, if any.
3.2 MYZOO LTD. customer care team
shall monitor the status of an order through the master dashboard.
3.3 You may
choose to rate MYZOO LTD. for each individual transaction or order based on
their performance, frequency and ratings after the order is marked as ‘DELIVERED’.
3.4 The dispatch forecasts on the
site are estimated forecasts, and are not guaranteed delivery dates and cannot
be seen as such. In case any of the items ordered is unavailable or inaccessible,
the user will be notified via e-mail or SMS.
4.
REFUND VOUCER
4.1 Refund
vouchers issued by the site or MYZOO APP can be used on the site for making
payment for purchases from the site or MYZOO APP, within a specified time,
subject to further terms and conditions, within the specified time frame.
4.2
Use of refund coupons obtained from another
account will not be allowed.
4.3
If a refund coupon fails, it may not be
substituted.
4.4
The refund voucher code can only be used once.
The excess balance of the refund coupon, if any, will not be refunded and will
not be usable for future orders, even if the order value is less than the
remaining voucher value.
5. PROMOTIONAL VOUCHER.
5.1 Each promotional voucher (app/site voucher and
new customer voucher) is only usable for one use per consumer.
5.2 The user may not use more than one promotional
voucher for the same transaction.
5.3 Promotional voucher is non-refundable and
cannot be redeemed for cash in whole or in part, and it is only available for
one purchase at a time.
5.4 Promotional voucher may only apply if the
required sales price and other requirements are met.
5.5 Voucher may not be available if used in
combination with any other special offers.
5.6 The Site retains the right to change or cancel
promotional voucher scheme at any time and without any prior notification to
the user.
5.7 The Site shall not be liable for any financial
loss arising out of the refusal, cancellation or withdrawal of any voucher or
any failure or for your inability to use a voucher for any reason.
5.8 If a voucher expires, it cannot be substituted
by the site.
5.9 You hereby warrant to the site/app that the
voucher shall be used in good conscience and shall not be used fraudulently or
in bad faith.
5.10
MYZOO LTD. reserves the right to refuse or cancel any voucher/order if we have
reasonable grounds to suspect that a voucher is being used unfairly or
improperly. In such cases, the site or MYZOO APP retains the right to take
appropriate action at its discretion.
6.
PRODUCT PRICING AND PAYMENTS
6.1 All product prices for will provide
accurate details and breakdown of the price, including the delivery charges and
the service charges if any applicable.
6.2 All prices shall be in
Bangladeshi Taka (BDT) and include VAT, and shall be specifically mentioned at the
site. Price mentioned at checkout will always reflect the most recent price of
the product. Price may vary when purchasing an item from when it was initially
shown before adding the item to the cart. Adding an item to the cart does not
guarantee the price that was displayed when choosing the item.
6.3 If an item is mispriced, MYZOO
LTD. may, at its discretion, correct it and would either contact the user to
inform him/her about the new price or will cancel the order and inform the user.
6.4 MYZOO LTD. reserves the right
to reject or cancel all orders placed on the site. In the event that a prepaid
order is cancelled, the site’s refund policy will apply.
6.5 MYZOO LTD. reserves the right to request
validation of your payment details in order to prevent any credit or debit card
fraud. This check or validation does not guarantee the prevention of fraudulent
activity that may be carried out by third parties. MYZOO LTD. reserves the
right to cancel an order immediately if it suspects an actual or potential
dishonest use of banking instruments or for other purposes, without giving
advance warning or incurring any legal liability.
6.6 The mode of payment shall be cash on delivery
or online payment or bank transfer or through credit facilities, as agreed
between MYZOO LTD and you.
6.7 That the price is subject to change time to
time, at the discretion of MYZOO LTD., and the updated price displayed on the
site shall be the final price.
6.8 All payments for the orders shall be processed
through the site’s payment gateway. All financial transactions shall be
processed by the site and transferred to the seller’s account only after the
goods received by the user are in satisfactory condition.
7.
BREACH BY USER/S. In the event of breach of the UUT&C, the site
or MYZOO APP:
7.1 Has the right to take actions as it deems
fit, including but not limited to measures such as (i) suspending or terminating the user’s account and any
and all accounts found to be related
to such account; (ii) restricting, downgrading, suspending or terminating the subscription
of, access to, or the use of any of the service permanently or for such period deemed as appropriate by MYZOO LTD.
(iii) removing any content posted by
the user or imposing restrictions on the number of products listings or user content
that the user may post; (iv)
imposing any other restrictions on any features of any service on the site as MYZOO.asia may consider
appropriate in its sole discretion; and (v)
any other disciplinary or
penalising actions as MYZOO LTD. may deem necessary or appropriate.
7.2 Without
limiting the generality of the term, a user would be considered as being in breach of the UT&C in the
following circumstances:
7.2.1 Upon
receiving complaint, notification or claim from any third party, the site has reasonable grounds to believe that you have
wilfully or materially failed to perform your
obligation;
7.2.2 The
site has reasonable grounds to suspect that a user has used a stolen credit or debit card;
7.2.3 The
site has reason to believe that a user is providing false or misleading
information in any transaction;
7.2.4 The
site has reasonable grounds to suspect that any information provided by the user
is not up to date, complete,
inaccurate or misleading; or
7.2.5 The
site has reasons to suspect that user’s actions may cause financial loss or
civil or criminal liability to MYZOO
LTD., its affiliates, or any users.
8.
SOFTWARE USE
8.1
Any software (including any
modifications or enhancements to the software, as well as any associated
documentation) that we make available to you from time to time for use in
conjunction with the site is referred to as "our software" (the
"software").
8.2
You can only use the site to
allow you to use and enjoy our services in compliance with the UT&C and any
other relevant terms as set out on the site. You cannot engage into any act or
omission to cause interference with the software or the site or systems. You are
not allowed to use the software and/or site in any way that is unlawful. We
reserve the right to stop offering service to you and to revoke your right to
use the site or software at any moment. All software used in operating the site
are duly licensed or owned by MYZOO LTD., and is protected under the relevant
laws of Bangladesh including but not limited to Copyright Act, 2000, Trademarks
Act, 2009 and Patent Act 1911.
8.3
You may be using the services of
one or more third parties while you visit the site, i.e. cellular carrier or a
mobile app operator, that have their own rules, terms of services, and costs
that apply to such use.
8.4
You are not allowed to allow,
support, or permit someone else to copy, alter, reverse engineer, decompile or
disassemble, or otherwise tamper with the software used to run the site, either
in whole or in part, or produce any derivative works from the same.
9.
Termination and Suspension of
Account/s
9.1 MYZOO LTD. retains the right
to terminate or suspend (temporary/permanent) your account or revoke any or all
of your rights granted under these UT&C, without giving advance notice to
you.
9.2 Upon termination of your
account, you shall immediately cease all access to and use of the site. All
passwords and account identification given to you will be revoked
automatically, and you will be denied entry to and use of the site in full or
in part. Any dissolution of this arrangement would have no effect on the
parties' respective rights and responsibilities (including, though not limited
to, payment obligations) occurring prior to the termination or suspension date.
You further accept that the site or MYZOO APP would have no responsibility to
you or anybody else as a result of any such suspension or termination. You
agree that your only recourse, in case if you are unhappy with using the site
or other terms, conditions, laws, procedures, guidelines, or processes required
to use the site, is to stop using the site or MYZOO APP services.
9.3 You must cooperate fully with government
authorities and/or third parties in the event of any investigation of any
suspected criminal or civil wrongdoing.
9.4 To the extent permitted by the prevailing laws,
the site may disclose the user’s identity, contact information and/or any other
information of the user’ accounts, transactions logs or activities on the site,
if requested by a government or law enforcement authority.
9.5 By agreeing to these UT&Cs you agree to indemnify
MYZOO LTD., its affiliates, sister concerns, directors, employees, agents and
any authorized representatives and to hold them harmless, from any and all
damages, losses, claims and liabilities including all legal costs which may
arise from their breach of any terms, submission and/or any activities carried
out by such user on the Site.
10.
Intellectual Property Rights
10.1 Through providing information for using the
site, you grant an irrevocable, perpetual, worldwide, royalty-free and
sub-licensable license to the site to display, transmit, disseminate,
reproduce, publish, replicate, modify, translate, and otherwise use any and all
of the user information or data in any form or media and for any purpose which
may be beneficial to the operation of the site and for betterment of its service
offering. You affirm and warrant that you have all the rights, power and
necessary authority to grant the aforementioned license. The site/app shall use
and preserve all data in accordance with the relevant laws in Bangladesh.
10.2 You agree that you will not copy, reproduce,
download, re-publish, sell, re-sell, distribute or disseminate any information,
text, images, graphics, video clips, sound, directories, files, databases or
listings etc. that is available on the site at all times.
10.3 You agree that you will not copy, reproduce,
replicate, download, compile or otherwise use any aspect of the site or its services
for the purpose of operating a business that replicates or competes with MYZOO
LTD. in violation of the rights and/or goodwill of MYZOO LTD.
11.
Limitation of Liability
11.1 You acknowledge and undertake
that you are accessing the services on the site and transacting at your own
risk and are using your best and prudent judgment before entering into any
transactions through the site/app, i.e. MYZOO.ASIA/MYZOO, does not guarantee or take responsibility for any
deceitful, misleading or fraudulent acts conducted by any user including you.
11.2 You acknowledge that you are fully assuming the
risks of conducting any purchase and/or sale transactions through the use of
the site/app or its services, and that the risks of liability or harm of any
kind in connection with or relating to products or services that are the
subject of transactions on the site. Such risks shall include, but are not
limited to, misrepresentation of products and services, fraudulent schemes,
unsatisfactory quality, failure to meet specifications, defective or dangerous
products, unlawful products, delay or default in delivery or payment, cost
inaccuracies, breach of warranty and/or conditions, breach of contract and
transportation accidents. Such risks also include the risks that the
manufacture, importation, export, distribution, offer, display, purchase, sale
and/or use of products offered or displayed on the Site may violate or may be
alleged to violate third party rights, and the risk that you may incur costs of
defence or other costs in connection with third parties’ assertion of third-party
rights. Such risks also include the risks that sellers, consumers, other Users,
end-Users of products or others claiming to have suffered injuries or harms
relating to products or from their use of such products originally obtained by
You as a result of purchase and sale transactions on the Site.
11.3 MYZOO LTD. shall not be
liable for any breach of conditions, representations or warranties by the manufacturers
or suppliers of the goods or products and hereby expressly disclaim any/all
responsibility and liability in that regard.
12.
Indemnity
12.1 You shall indemnify MYZOO
LTD., its 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 UT&C or any document incorporated by reference, or your
violation of any law, rules, regulations or rights of third parties.
12.2 You hereby expressly release MYZOO
LTD, its affiliates and/or any of its officers and representatives from any
cost, damage, liability or other consequence of any of the actions/inactions of
any third party or other service providers and specifically waive any claims or
demands that you may have in this regard.
13.
Force Majeure. Under no circumstances MYZOO LTD. shall be
held liable for any delay or failure or disruption of the content or services
delivered through the site resulting directly or indirectly from acts of God,
forces or causes beyond our reasonable control of MYZOO LTD. including without
limitation, internet failures, power cuts, disconnection of submarine cable, computer,
telecommunications or any other equipment failures, electrical power failures,
strikes, epidemic, pandemic, labour disputes, riots, insurgencies, civil
disturbances, shortages of labour, fires, flood, storms, explosions, war and government
actions or interventions.
14.
Governing laws and jurisdiction. The UT&C and the contract between you and MYZOO
LTD. shall be governed, construed, interpreted, implemented, executed and
performed in accordance with the laws of Bangladesh and you agree to submit to
exclusive jurisdiction of the courts in Dhaka.
15.
Dispute Resolution. MYZOO LTD. encourages
amicable settlement and may mediate in the event of any conflict/s that might
arise between you and MYZOO LTD., which shall be resolved with the assistance
or involvement of MYZOO LTD’s. Customer Support services. For addressing any
grievances, or any transaction disputes you are encouraged to report the same
to Customer Support here [INSERT LINK]. Upon failure to settle a dispute
amicably within 30 days, such dispute shall be referred to MYZOO LTD’s
management Team.