Terms And Conditions
The ZatiqEasy app is a mobile application service offered by Zatiq. The terms "We," "Us," and "Our" specifically pertain to ZatiqEasy or Zatiq. By continuing to use the website and its services, the user is considered to have acknowledged and accepted all the officially stated terms, conditions, policies, and notices.
Any introduction of new features, services, or tools is likewise considered to be governed by the prevailing Terms of Service. The most up-to-date version of the Terms of Service is available for review at any time on the app/page. We retain the right to modify, alter, or substitute any portion of these Terms & Conditions by publishing updates or changes on our app. Your ongoing usage of the app, subsequent to the publication of any changes, signifies your acceptance of those modifications.
SECTION 1 – GENERAL CONDITIONS
You are prohibited from utilising our products for illegal or unauthorised activities. Additionally, you must not violate any laws, including copyright laws, while using our services. Transmitting harmful code, such as worms or viruses, is strictly forbidden. Any breach of these terms will lead to the immediate termination of the service. We retain the right to deny service to anyone at any time for any reason. And no refund , can lead to ban or freeze of accounts if there are under 1 user
Buyers and Merchants are solely responsible for all commercial and contractual terms pertaining to the products and services offered by the Merchants. These terms encompass, but are not limited to, aspects such as price, applicable taxes, shipping costs, payment terms, payment and delivery handling, delivery date, period, mode, as well as warranties, frauds by customers and after-sales services associated with the products and services. The Company does not have any influence, control, or involvement in determining, advising, offering, or accepting these commercial/contractual terms between Buyers and Merchants. The pricing of products and services provided by the Merchant is entirely determined by the Merchant itself, and the Company plays no role whatsoever in determining such prices.
The Company does not provide any assurance or guarantee regarding the details (such as quality, value, marketability, etc.) of the products or services that are suggested for sale or offered on the Platform. It neither explicitly nor implicitly supports or endorses the buying or selling of any products or services on the Platform. The Company assumes no responsibility for any mistakes or omissions, whether they occur on its own behalf or on behalf of third parties, including Merchants.
The Company bears no responsibility for any failure to perform or breach of contracts between Buyers and Merchants. The Merchant is obligated to indemnify the Company against all Losses incurred by the Company due to the Merchant's utilisation of the Platform and interactions with Buyers. The Company cannot ensure or guarantee that transactions between the concerned Buyers and Merchants on the Platform will be executed. It is not accountable for unsatisfactory service, non-performance, or any damages or delays arising from products that are out of stock, unavailable, or on backorder.
The Company serves solely as a communication platform, and it is explicitly agreed that any contract for the sale of products or services is a strictly bilateral agreement between the Merchant and the Buyer. If the Buyer raises concerns regarding effectiveness, quality, or similar issues, the Company's sole responsibility is to inform the Merchant and direct the Buyer to the Merchant's consumer call centre. The Merchant bears sole responsibility for addressing Buyer complaints. If you file a complaint against any Merchant accessed through our Platform, we will assist you to the best of our ability by providing relevant information, such as Merchant details and specific Order information, to facilitate a satisfactory resolution of the complaint.
SECTION 2: MERCHANT TERMS
- Merchants, as registered users of the Platform, can list and furnish details about products/services for sale to Buyers. However, Merchants are not allowed to sell any products that are included in the list of prohibited/illegal items.
- Merchants confirm and commit to the legal authorization to sell the products listed on the Platform. Product listings are restricted to text descriptions, graphics, and images that accurately depict the items for sale. All listed products must be categorised appropriately on the Platform.
- Merchants hereby commit to ensuring that descriptions, images, and other content related to their products/services are comprehensive and truthful, accurately reflecting the appearance, nature, quality, purpose, and other features of the said products/services.
- The product listing description should be accurate and not deceptive, reflecting the actual condition of the product. If the description does not align with the real product, you agree to reimburse any payments received from the Buyer.
- You are prohibited from exploiting or misusing the Platform or participating in any activities that contravene the terms of the User Agreement. In such instances, the Company reserves the right to suspend your account or permanently restrict your access to the Platform.
- At present, ZatiqEasy has not incorporated a delivery service, and individual merchants are responsible for managing the delivery process. However, when delivery services are integrated in the platform, We are not liable for any dissonance or problems that may occur on the delivery end.
SECTION 3: USER CONDUCT
- You commit to supplying authentic, precise, current, and thorough information when registering on the Platform or for any other purpose as prompted or requested on the Platform.
- Specific details you share on the Platform within your profile may disclose or enable others to discern various aspects of your private life and, more broadly, information about you. You explicitly and voluntarily acknowledge the terms of the User Agreement, and the provision of all such information, including data categorised as "personal" or "sensitive" according to applicable laws, is entirely at your discretion.
- To utilise our Services, you need to employ specific devices, software, and data connections, which we do not provide. Throughout your use of our Services, you agree to download and install updates to our Services, including automatic downloading and installation of such updates.
- You are accountable for all expenses related to your carrier data plan and other fees and taxes associated with using our Services. We may impose charges for our Services, inclusive of applicable taxes. With the exception of legal requirements, we do not offer refunds for our Services.
- You are forbidden from misrepresenting your identity and commit to refraining from portraying yourself as a different user or logging in/registering using someone else's identity. It is your responsibility to uphold and promptly update the information furnished during sign-up, verification, or for any other purpose on the Platform. This ensures that the information you provide remains truthful, accurate, current, complete, and not misleading at all times.
- If you furnish information that is untrue, inaccurate, misleading, not current, or incomplete, or if the Company has reasonable grounds to believe so, or if it is inconsistent with the User Agreement, the Company retains the right to indefinitely suspend, terminate, or block your use or access to the Platform in any manner. If any other user or person relies on such information provided or verified by you and incurs damages or losses, whether direct, indirect, immediate, or remote, the Company and its personnel are not liable. You agree and commit to indemnify and hold the Company and its personnel harmless, as outlined in the indemnity clause within these terms.
- Upon registering on the Platform, you consent and authorise the Platform to access your mobile device for purposes such as locating and tracking the phone numbers of other Service users, obtaining your location, accessing the inbuilt or other storage on your mobile device, utilising internet access, managing vibration settings, accessing accounts on your mobile device, and obtaining other data or information downloaded, added, edited, stored, processed, used, or deleted on/from your mobile device.
SECTION 4: ACCOUNT CREATION AND SECURITY
- To access the pertinent services, a user must register and establish a profile by generating a username and password or registering through mobile verification, along with providing essential user details
- You bear exclusive responsibility for preserving the secrecy and confidentiality of your login information, which includes your username, password, and user code (if applicable).
- The user acknowledges that the Platform will provide access to anyone who possesses their username, password, and code, just as it would grant access to the user. The user is accountable for all activities carried out under their username, password, and any code. If registered on the Platform, the user is responsible for keeping their account access information and password confidential. The user is also responsible for all usage of their account and password, whether or not authorised by the merchant. However, the user can also limit the activity of their employees who use the app as well.
- The user must promptly inform the Company of any confirmed or suspected unauthorised use of their account or password. While the Company and its personnel, including directors, shareholders, affiliates, employees, associates, contractors, or agents, are not accountable for any losses resulting from a breach of the confidentiality of your username, password, user code, or any unauthorised use of your account, you are responsible for any losses incurred by the Company or other relevant parties due to such unauthorised account use.
- You acknowledge that the primary intent behind registering on or utilising the Platform is to facilitate the technical operation of your lawful online business. You commit not to employ the Platform for any purposes other than the specified one and refrain from engaging in activities prohibited by the applicable law.
SECTION 5: PAYMENT TERMS
- For every transaction between the Merchant and the Buyer, the Merchant undertakes to remit a sum equivalent to 2.5% of the transaction value ("Transaction Fees") to the Company. The Merchant acknowledges that the Transaction Fees are subject to modification, and any such changes will be publicly disclosed on the Platform periodically.
- We employ third-party service providers or payment gateways to process payments related to the acquisition of products presented by Merchants to Buyers.
- The designated third-party service provider will transfer the payment amount made by the Buyer for an Order (after subtracting the Transaction Fees) into the Merchant's account within 2 working days from the Buyer receiving the goods/services as per the delivered Order.
- The AmarPay Facility may support payments through credit/debit cards from the banks that are available while selecting the Pay Facility as the payment method or by cash. The Pay Facility may support payments through debit card/credit card and mobile wallet payment options like Bkash, Rocket, etc.
- The Amarpay Facility is provided to Buyers for facilitating payments. If incorrect bank account details are used by the Buyer, the Company will not be accountable for any loss of money. In the event of a technical failure during a transaction, causing payment difficulties, the merchant can reach out to us. However, the Company is not responsible for transaction failures or payment issues. You bear sole responsibility for all risks related to money transfers or payments to Merchants, whether conducted through a third-party payment gateway or otherwise. Any disputes concerning delayed or failed payments must be addressed directly by you with the third-party payment gateway.
- You acknowledge and agree that the Company does not function as a trustee or operate in a fiduciary capacity regarding payment transactions, whether through the Pay Facility or any other payment method, for its Buyers.
- When utilising any of the payment methods provided on the Platform, we disclaim any responsibility or liability for any loss or damage that may arise directly or indirectly to you due to:
❖ Lack of authorization for any transaction;
❖ Exceeding the preset limit mutually agreed by You and between "Banks";
❖ Any payment issues arising out of the transaction; or
❖ Decline of transaction for any other reason.
- Your association with the Company is based on a principal-to-principal arrangement. By agreeing to these Terms, you acknowledge that, for all intents and purposes, the Company operates as an independent contractor and does not possess control or liability for products or services listed on the Platform that are paid for using the Pay Facility. The Company does not warrant the identity of any Buyer, nor does it assure the completion of a transaction by either a Buyer or a Merchant.
- You comprehend, acknowledge, and agree that the Pay Facility offered by the Company is not a banking or financial service. Instead, it functions as a facilitator, offering electronic, automated online payment, receiving payment through 'cash on delivery,' and a collection and remittance service for transactions on the Platform. This is done utilising the existing authorised banking infrastructure and credit card payment gateway networks. Additionally, by providing the Pay Facility, the Company is not serving as a trustee or in a fiduciary capacity concerning the transaction or the transaction
SECTION 6: INDEMNITY FOR NON-COMPLIANCE OF BREACH
You agree to indemnify and defend the Company, its parent, subsidiaries, personnel, affiliates, internal service providers, and their respective officers, shareholders, directors, agents, and employees against any and all losses, liabilities, actions, suits, claims, proceedings, costs, damages, judgments, amounts paid in settlement, and expenses (including attorneys' fees and disbursements). This indemnification is applicable if any third party asserts a claim or penalty is imposed due to or arising from your breach of the User Agreement or the provision of untrue, inaccurate, misleading, not current, or incomplete information provided or verified by you.
SECTION 7: CONFIDENTIALITY
All communications between you and the Company, along with any confidential information exchanged, and details regarding the Company's business transactions with any entity or individual, whether under a confidentiality obligation or not, must be treated as confidential by you. This obligation applies regardless of whether the information is explicitly marked as confidential, unless there is written permission from the Company allowing disclosure to the contrary.
Furthermore, the Company reserves the right to disclose confidential information to prospective and current investors, both strategic and financial, partners, or service providers, excluding other users of the Platform. This commitment to confidentiality persists even after the termination of the agreement with the user and the closure of the user account.
SECTION 8: UPDATES AND MODIFICATIONS
- The Company has the right to modify the Platform and/or change these Terms and/or Policies at any time. It also reserves the right to deny access, including terminating membership and deleting accounts, to anyone believed to have violated the provisions of the User Agreement.
- You are informed that any changes to the User Agreement, which is incorporated herein by reference, will be communicated on the Platform through publicly accessible links. By accessing, browsing, or using the Platform, you agree that such publication serves as sufficient notice for all purposes. The updated version/terms become effective when the Company publishes them on the Platform.
- The Company is not obligated to provide prior notice to Users for any amendments to the User Agreement that, in the Company's opinion, diminish existing rights or impose additional obligations. You acknowledge and accept that the determination of whether proposed amendments have such effects on the User's rights or obligations rests solely with the Company's discretion.
SECTION 9: ELECTRONIC COMMUNICATION
- You commit to staying informed about all data, information, and communications related to you that the Company makes available on the Platform. Your use of the Platform and the provision of any data or information, including correspondence (whether by email or other means), to or from the Company, involve electronic records. By doing so, you consent to receiving communication from the Company via electronic documents, including emails and/or SMS, which will be considered sufficient for notice or electronic record purposes.
- You acknowledge that you may be responsible for any charges associated with such access, including text messaging charges for messages from your mobile device. Our communications to you may include information regarding various features of our services. Unless you opt out of receiving such information, the Company may also send you promotional materials.
- Certain communications/notifications, such as service announcements and administrative messages, may be necessary. These communications are integral to the Services and your account, and you may not be able to opt-out of receiving them. If you add your phone number to your account and later change or deactivate that number, it is your responsibility to update your account information to prevent communication to anyone who acquires your old number.
SECTION 10: ENDORSEMENT
We do not endorse any Merchant or their products/services. While these Terms require you to provide accurate information, we do not verify the claimed identity of users. Any damage or harm resulting from your interactions with Merchants is not our responsibility. By using the Services, you agree that any legal remedy or liability sought for actions or omissions of Merchants or other third parties will be limited to a claim against the specific Merchant or other third parties causing harm. You agree not to hold us liable or seek legal remedies from us regarding such actions or omissions.
SECTION 11: ACTION
In the event of any violation by you of the User Agreement, the Company has the authority to promptly terminate the User's access or usage rights on the Platform without prior notice. Any information that is in violation and displayed or submitted on the Platform may be promptly and entirely removed, and the Company reserves the right to report such violations to investigating authorities in accordance with applicable laws.
If the Company terminates your access to the Platform, it may, at its sole discretion, remove and delete any data and files stored by you on its servers. You acknowledge and agree that the Company or the Platform shall not be held responsible or liable in any manner for the removal or deletion of such data.information.