1. Overview
Welcome to SAUDAGAR.XYZ LTD ( “Company”, “we”, “our”, “us”) . This website is entirely conducted and governed by saudagar.xyz Ltd. We are an online marketplace and offer this website, including all information, tools and services available from this site to you, conditioned upon your acceptance of all terms, conditions, policies explained here. These are the terms and conditions managing your access and use of Saudagar along with its related sites, mobile app, services and tools. By using the Site and/or app, you hereby accept these terms and conditions (including the linked information herein) and acknowledge to agree to comply with these terms and conditions. By visiting our site and/or doing any/ all transactions through us, you engage in our “Service” and hereby agree to be bounded by the mentioned terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Services apply to all users of the site, including unlimited users who are browsers, vendors, customers, merchants, and/ or contributors of the content. If you do not agree to be planted by this User Agreement, please do not access, register with/or use this Site. This Site is thoroughly copyrighted and operated by saudagar.xyz Limited, a company incorporated under the Companies Act, 1994, (Registration Number:c-158341/2020).
Adding new features or tools which are to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We must reserve the right to update, change, modify or replace any/all parts of these Terms of Service by posting updates and/or changes to our website. To check this page gradually for changes also remains within your responsibility.
2. Interpretation
A. Saudagar: Saudagar is an online platform to gather sellers and buyers.
B. Seller: A company who manufactures, industrializes, imports, processes products can use this site for sale of their products and services.
C. Buyer: A company, exporter, wholesaler or a person who buys bulk quantity can use this site and/or app to buy their desired products or services.
3. Account
For selling and buying products or services you (as user) must create an account. For that we may require your personal information and official information to complete the creation of an account. For example: user’s photo, national ID/ smart card information, company’s name, company’s address, company’s logo/banner, etc. On the other hand, to create a seller account, users must be obliged to give their official/legal licenses. At the same time, in order to create a buyer account, we may ask those users to give their official/legal licenses as well for specific reasons, which would be mostly for onboarding reasons/ holding identity information for a specific period of time. We, at any time in our sole and absolute discretion, may invalidate the username and/or password without giving any reason or prior notice and shall not be liable or responsible for any losses suffered by, caused by, arising out of, in connection with or by reason of such request or invalidation.
You agree to be bound by any access of the Site and/or app for the use of any services offered by the Site and/or app (whether such access and/or usage 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 any and all losses arising from the use of or access to the Site through your account. So we keep expectations to users, please ensure that the details you provide us with are correct and complete at all times.
We reserve the right to reject access to the Site and/or app, terminate accounts, remove or modify content at any time without prior notice to you. You hereby agree to change your password from time to time in order to keep your account safe and secure.
4. Changes
We reserve the right, at any time and in our sole discretion, to change, modify, add, eliminate or discontinue the Site, Mobile App, Tools or Services, or any portion or feature thereof or impose certain conditions for using the Site, Mobile App, Tools or Services or any parts thereof. All such CHANGES, MODIFICATIONS, ADDITIONS, ELIMINATIONS, CONDITIONS OR DISCONTINUATION shall be effective upon their posting on the Site and/or App or by direct communication to you unless otherwise noted.
5. ELIGIBILITY TO ACCESS AND USE
A. Minimum Age : The Site, Mobile App, Tools and Services are intended solely for Users who are eighteen (18) years of age or older and who are not considered to be minors in their state of residence and under the applicable law.
B. Jurisdictional Limits: The Site, Mobile App, Tools and Services are directed solely for use in jurisdiction within the Territory (as defined in the Subscription Agreement), in which provision thereof is legal. Company makes no representation that any Tools or Services, in the name of SAUDAGAR, provided are appropriate or available for use in other locations/ jurisdiction. Those who access the Site or App and use the Tools and Services from locations in which such access and usage is illegal and in case they initiate/continue to do so on their own initiative and at their own risk, subsequently, they shall be responsible in the eyes of all local laws, in addition to the extent applicable. Subject to and without derogating from the provisions of the Subscription Agreement, Company reserves the right to limit the availability of the Site, the Tools or the Services to any person, geographic area, or jurisdiction we so desire, at any time and remain in our sole discretion.
C. Irresolution: If you are unsure about your ability to comply with the T&C, you must refrain from accessing the Site and/or App alongside with the Tools and the Services.
6. OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS
A. Company Ownership: You agree that the Site, the Mobile App and all components thereof, including, without limitation, the Saudagar Tools, Saudagar Services, works of authorship, software, text, information, content, data, graphics, images, photos, logos, button icons, audio, video, design, interactive features, structure, organization, data compilation, meta data, look and feel and any and all other features and elements, in any media or format, that are or may in the future become available through the Site and/or Mobile App, any improvements or modifications thereto, any derivative works based thereon, and the collection, arrangement and assembly of all such components, are our property or the property of our Third Party Providers; and are protected by applicable copyright and other intellectual property laws.
B. Trademarks and Logos: Trademarks, services marks and logos displayed and used via the Site, Mobile App, Tools or Services are the proprietary trademarks or service marks of Company or third parties. Company’s marks may not be used in connection with any product or service that is not of the company, in any manner that is likely to cause confusion among consumers, or to disparage or to discredit the company. All other trademarks, service marks and logos not owned by Company that appear via the Site, Mobile App, Tools or Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Company. You may not use, copy, modify or display any of the trademarks, service marks, names or logos appearing on the Site and Mobile App or via the Tools or Services without the express written permission of the service mark or trademark owner.
C. Feedback : Company welcomes ideas, suggestions and feedback related to the Site, Mobile App, Tools or Services and any other aspects of its business (“Feedback”) whether through its suggestion/feedback pages on the Site, via email or messaging system, directly to Company representatives or company nominated personnel or otherwise. Provision of Feedback is entirely voluntary. If you elect to provide feedback, you acknowledge and agree that: (a) your feedback does not contain confidential and/or proprietary information; (b) Company is not under any obligation of confidentiality, express or implied, with respect to the feedback; (c) Company shall be entitled, in its sole discretion, to use, disclose or exploit (or choose not to use, disclose or exploit) such feedback for any purpose, in any way and manner, in any media worldwide, now existing or hereafter devised; (d) Company may already consider or is developing something same or similar to the feedback; (e) you hereby irrevocably assign to Company all right, title and interest in and to your feedback; and (f) you are not entitled to any compensation, reimbursement or accounting of any kind from company under any circumstances whatsoever.
D. Reservation of Rights : You acknowledge that you do not acquire any ownership rights in or to the Site, Mobile App, the Tools or the Services through your access to and use thereof. There are no implied licenses or rights under the T&C and all rights not expressly granted herein are specifically reserved to Company.
7. Product related process and Order Management
A. The seller uploads images or videos with a logo or banner from his/their account to sell his/their products or services. The seller will set the price for the products/ services.
B. For all those products that fluctuate, sellers can set an estimated price.
C. The seller will resolve any complaints related to the price, value, time from the buyer within three business days. If the seller does not resolve, Then the buyer may complain (with acceptable proof) to SAUDAGAR against the seller. Through the information obtained, SAUDAGAR will initiate the investigation and will eventually resolve within 72 hours by contacting the seller within immediate 24 hours. From the time of raising the complaints to immediately next 6 hours, the buyer can cancel the order for showing legal reason. Advance or others payment will be settled in 7 working days. The buyer will be able to reconcile his advance or others payment with the next purchase.
D. Only the seller can send the sample products with or without price associated.
E. In case the buyer cancels any order without valid reasons or any other illicit/dishonest motive be unearthed from the buyer in his/their undue cancellation activities, SAUDAGAR shall have the rights to take any kind of administrative/ legislative actions, as such, fine impose, partial deduction, complete deduction, cancellation account or any other actions deemed fit by SAUDAGAR.
F. At the event of breaking and violating the Terms & Conditions by either of the users (Buyers and/or Sellers), SAUDAGAR shall reserve the right to close that particular user’s account.
G. The product information displayed by the seller must be seamless and impeccable. In case of producing false/incorrect product information, SAUDAGAR shall have the rights to take any action as set in Rules and regulations.
H. BOTH SAUDAGAR and SELLERS must prioritize buyer/consumer interests to the forefront.
I. Sellers shall preserve the title and ownership of and manage all their products.
J. SAUDAGAR control process of the product delivery. But both sellers and buyers can control the delivery system.
K. When the stock will be finished, the seller must update his product panel in short order. If that is not possible for any unforeseen reasons, the seller will inform SAUDAGAR in due course of time (within the immediate following day of stock running out).
L. The merchandise will be funded through the SAUDAGAR platform. Any transaction will be completed through SAUDAGAR.
M. In case of receiving repeatedly rejection due to product quality problems, the seller will be notified and his product details will be removed from this site or app. Subsequently, the product can be uploaded conditionally upon successfully passing the quality check and appropriate quality assurance.
N. SAUDAGAR shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuation of the Service.
8. Financial Terms
A. Seller shall pay the commission for every transaction made through our platform. Initial rate of commission will be 2% that may change upon discussion.
B. The seller will have the foremost discretionary power to set the sales price, otherwise SAUDAGAR also can set price with the seller jointly, making a well-timed decision.
C. SAUDAGAR will pay the seller's payment by pay-check or EFT or wallet, depending on the situation..
D. Both SAUDAGAR and sellers will jointly craft customer privilege programs, as in discounts/ cash back/ reward points to commemorate special days. Vendors should avoid experiencing financial loss.
9. Disclaimer of warranties, limitation of liability
A. We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
B. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
C. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
D. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
E. In no case shall saudagar.xyz Ltd., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because the law of the land does not allow the exclusion or the limitation of liability for consequential or incidental damages, in such cases, our liability shall be limited to the maximum extent permitted by law.
10. Force Majeure
A party shall not be liable for any failure of or delay in the performance of this agreement for the period that such failure or delay is
A. beyond the reasonable control of a party,
B. materially affects the performance of any of its obligations under this agreement, and
C. Could not reasonably have been foreseen or provided against, but will not be excused for failure or delay resulting from only general economic conditions or other general market effects.
11. Termination
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms and Conditions or revoke any or all of your rights granted under the Terms and Conditions. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site and/or App in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that the Site and/or App shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Site/App or with any terms, conditions, rules, policies, guidelines, or practices in operating the Site/App, your sole and exclusive remedy is to discontinue using the Site/App.
12. Taxes
You shall be responsible for payment of all relevant fees/costs/charges associated with the purchase of products from the Site/App and you shall agree to bear any and all applicable taxes as per prevailing law.
13. 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 shall have the exclusive jurisdiction on any dispute arising inside Bangladesh under this Agreement.
If you agree with the end-to-end Terms & Conditions, you please go ahead. Stay with us, Connect with us, Do business with us.
