Terms & Conditions

Terms and Conditions:

Please read these terms and conditions (“Terms and Conditions”) carefully before using the website and services offered by Dokani Limited (Registration Number: ‘C-165147/2020’).This Agreement (hereinafter referred to as the “Agreement”) sets out the legally binding terms and conditions for your use of the website at dokani.com.bd and www.facebook.com/dokani.bd (hereinafter collectively referred to as the “Dokani”) and all services provided by Dokani on the site.

By using the site in any manner, including but not limited to visiting or browsing the site, you (the “user” or “you”) agree to be bound by this Agreement, including those additional terms and conditions and policies referred to here and/or available by hyperlink. This Agreement applies to all users of the site which includes but not limited to users who are sellers, customers, merchants, contributors of content, information and other materials or services on the site.

1. Introduction

dokani.com.bd as well as www.facebook.com/dokani.bd are the online marketplace and these are the terms and conditions governing your access and use of Dokani along with its related sites, sub-domains, services, and tools (hereinafter referred to as the “Site”). This online market place allows you to explore various sellers and products and to display your products to the most relevant potential buyers depending upon your preferences and other information provided by you on this Site, which allows you to buy and sell products by using our aforesaid website (hereinafter referred to as the “Service”).

The Site reserves the right to amend, modify, add, change or remove portions of these Terms and Conditions under this Agreement at any time without any prior notification. Changes shall be effective once posted on the Site without any notice provided on the Site or by any other means. You shall check these Terms and Conditions regularly for updates. Your continued use of the site once the changesof Terms and Conditions had been made shall be construed as your acceptance of the changed Terms and Conditions. Hence, you shall adhere to the subsequent changes accordingly and agree to be held accountable for non-compliance of any terms as contained herein.

2. Acceptance of the terms and conditions
   

• While accessing and using this Site or its Services, you agree to comply with all applicable laws and regulations when accessing or using the Site or Services.
• You may be denied access or use of the Services or the Site and may not accept the Terms and Conditions if you are not permitted to receive any Services under the laws of Bangladesh or in any region with the Dhaka Metropolitan Area where the Services are not available.
• You agree not to undertake any action to undermine the integrity of the computer systems or networks of Dokani and/or any other user nor to gain unauthorized access to such computer systems or networks.
• You agree that (a) you will not copy, reproduce, download, re-publish, sell, distribute or resell any Services or any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc available onor through the Site (the “Site Content”), and (b) you will not copy, reproduce, download, compile or otherwise use any Site content for the purposes of operating a business that competes with Dokani, or otherwise commercially exploiting the Site content. Systematic retrieval of Site content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from Dokani is prohibited. Use of any content or materials on the Site for any purpose not expressly permitted in the Terms and Conditions is prohibited.
• Dokani may allow users to access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise), or otherwise to such third parties’ web sites. Before accessing or using those sites you are cautioned to read such web sites’ terms and conditions and/or privacy policies. You acknowledge that Dokani has no control over such third parties’ web sites, does not monitor such web sites, and shall not be responsible or liable to anyone for such web sites, or any content, products or services made available on or through such web sites.
• You agree to grant an irrevocable, permanent, worldwide and sub-licensable (through multiple tiers) license to Dokani to adapt, modify, translate, display, transmit, distribute, reproduce, publish, duplicate, display, create derivative works, and otherwise use any or all of the user content in any form, media, or technology now known and for any purpose in future which may be beneficial to Dokani, the operation of the Site, the provision of any Services and/or the business of the user. You confirm and warrant to Dokani that you possess the entire authority, rights, power necessary to grant the above license. Information that is protected under data protection laws shall only be used and kept in compliance with the stated laws through posting or displaying any information, content or material (“User Content”) on the Site or providing any User Content to Dokani or our representative(s), and to the extent permitted under applicable laws.
• Sellers and/or vendors must not engage in any illegal or unlawful conduct including selling any fake or counterfeit items or any item that otherwise breaches another person’s rights, and must comply with applicable legal requirements relating to the sale or purchase of sale items (including but not limited to import and export rules and illegal products, the listing of any age restrictions, distance selling and cooling off rights which may apply to a sale item where the seller is a business entity.
• Users must not misuse the Service by knowingly introducing viruses, Trojans, worms, logic bombs or other material which would harm the Service or any user of the Service’s own equipment.
• Users must not submit or contribute any User Content (including comments and descriptions relating to Sale Items) that contains nudity or violence, is abusive, bullying, threatening, harassing, obscene, misleading, untrue, offensive, derogatory or uses bad or rude language, as Dokani may decide in its absolute discretion.
• Users must not submit contribute any information or commentary about another person without that person’s permission, or post private or confidential information via the Service, including, without limitation, your or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.

3. Creation and maintenance of Member’s account

• User must be registered on the Sites to access or use some Services (a registered User is also referred to as a “Member” below). One user may only register one account at a time on the Site with the approval of Dokani. Dokani reserves the right to cancel or terminate a user’s member account if Dokani has reasons to believe that the user has concurrently registered or is in control of two or more member accounts. Further, Dokani reserves the right to reject user’s application for registration for any reason as Dokani deems appropriate.
• Each Member shall be solely responsible for maintaining the confidentiality and security of their Member ID and password and for all use of and activities that occur under your account (whether such use or activities are authorized or not). No Member may share, assign, or permit the use of your Member account, ID or password by another person, even to other individuals within the Member’s own business entity (where applicable). Member agrees to notify Dokani immediately if he/she becomes aware of any unauthorized use of your password or his/her account or any other breach of security of the account.
• Member agrees that all use of the Site and Services, and all activities that occur under his/her account (including without limitation, posting any company or product information, clicking to accept any additional agreements or rules, subscribing to or making any payment for any services, sending emails using the email account or sending SMS) shall be deemed to have been authorized by the Member.
• Member shall ensure that the details provided are correct and complete at all times. Members are obligated to update details about his/her account in real time by accessing his account online. Dokani may at any time in its sole discretion request that the Member updates his/her Personal Data or forthwith invalidate the account or related details without giving any reason or prior notice and shall not be liable or responsible for any lossessuffered by or caused by the Member or arising out of or in connection with or by reason of such request or invalidation. The Member hereby agrees to change his/her password from time to time and to keep the account secure and also shall be responsible for the confidentiality of the account and liable for any disclosure or use (whether such use is authorised or not) of the username and/or password.

4. Operation of the business

• Members can sell any products provided they are legal under the laws of Bangladesh or any other country via the Service of Dokani by publishing image or providing videos of the products offered for sale. Members are allowed to sell all products irrespective of it being a new or used product.
• By listing an item on the Site the seller warrants that the seller and all aspects of the item comply with Dokani’s published policies. The seller must accurately describe the item and all terms of sale in the listing.The listings may only include text descriptions, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. The seller must not list an item more than once, unless the item’s listing has naturally expired. If the “in stock” quantity is more than one, all items in that listing must be identical with the only exception being minor variations arising from items being hand-finished which must be included on the listing.
• The price stated in each item listing description must be an accurate representation of the sale. The seller may not alter the item’s price after a sale for the purpose of avoiding Dokani’s transaction fees, misrepresent the item’s location, or use another user’s account without permission. Sellers may not encourage buyers to purchase an item listed on Dokani outside of Dokani, such as directly through any payment method. This may also constitute fee avoidance.

• Sellers may issue promotional codes for promotional purposes only and these are to be used against purchases from the issuing seller’s products only. Promotional codes have no cash value and cannot be exchanged for money or credit. Sellers are expressly prohibited from selling promotional codes for their products in the Site. If the seller is found to be selling promotional codes, this may constitute fee avoidance.

• Any agreement for and/or purchase of a sale item is made solely between the buyer and the seller. If there is any complaint of the products or any questions and claims related to a sale item should be directed to the seller from the buyer. If any dispute between the seller and the buyer cannot be resolved between themselves, Dokani will attempt to settle to resolve the disputes through mediation by its dispute resolution process. However, Dokani shall not be bound for any such action.

• The existence, quality, safety, genuineness, authenticity or legality of sale products, the truth or accuracy of any picture or video or description of the sale products or any other content made available by the users including the seller’s ability to sell products, the ability of buyers to pay or either a seller or buyer will actually complete a transaction or return the sold item is solely on the buyer or seller and in this regard Dokani does not have no liability. Sellers are responsible for providing all the true details of the products offered for sale including the any age restriction (as required by law) and buyers are responsible for purchasing and accepting the products with the details provided by the seller at their own liability.

5. Payment methods and refund policy

1. 1. Products can be sold and purchased by cash on delivery, online transaction i.e. by using credit/debit card/mastercard, Bkash, Rocket, Nagod and related services.
   2. Under circumstances where the products sold or bought worth less than Tk 10,000 (Ten thousand taka) no advance payment is required. However, products worth between Tk. 10,000- 19,999, 50% price of the total products shall be paid in advance by the user or the member. Any product/s worth above Tk.20,000, 75% advance of the price of the products shall be applicable.
   3. For non-perishable products such as electronic, plastic and any other related productsexcept skin care products and cosmetic products, full refund shall be made by Dokani provided the products are examined by the user or the member in the presence of the delivery man or the representative of Dokani at the time of delivery. In case of products like clothes, jewelleries Dokani shall not be responsible for any refund unless the product is examined in front of the representative of Dokani and the user or the member find any defect on the product in front of the representatives of Dokani.  In case of any default arising thereafter as aforesaid no refund shall be available.
   4. For perishable products i.e. meat, fish, vegetable, fruits or any grocery items, full refund shall be made provided the products shall be examined instantly in front of the delivery man or the representative of Dokani and any actual fault is found in the products. No refund shall be made for any cause or faults of the products arising thereafter as said.
   5. Under circumstances where the products are not available for any reason after the placement of the order, Dokanimay refund the full amount of the unavailable products or deliver the products when the products are available at the discretion of the user.
   6. All the refunds made by Dokani under this heading shall be adjusted to the user’s or member’s account by which the user or the member can buy products in his subsequent purchase. No such refund shall be made through cash or similar means.

6. Orders

1. 1. Orders are accepted by Dokani till 10pm every day. No order shall be accepted after 10pm.
   2. The delivery of perishable products shall take place on the next day within 9 a.m. till 12 a.m. If, for any reason, the products are not delivered within the said time Dokani will inform the user and deliver the products at the earliest time possible.
   3. In case of non-perishable products, the products shall be delivered within 24(twenty-four) hours from the time of placing the order by the user or member.
   4. The member or the userwishes to cancel an order, they shall have a period of 1 (one) hour starting from the time the order has been placed, during which the members must notify Dokani about the cancellation by phone and the members must quote their order number/every details of the order possible. No cancellation other than as aforesaid shall be accepted by Dokani. The cancellation of order shall be made by calling on the hotline number provided on the website of Dokani. No cancellation shall be made through email.

7. Misconduct

1. 1. The user or the member may a file complaint with issues related to the misconduct of the representative of Dokani with 3(three) days from the occurrence of such misconduct. Dokani shall take actions against the representative immediately from the receipt of the said compliant.
   2. The user or the members are expected to behave politely with the representatives of Dokani at all times. Any kind of misconduct with the representative shall result in taking immediate legal actions against the user or member.
   3. The member or the user shall face legal consequences for any kind of abusive, insulting, offensive and derogatory comments posted on the aforesaid facebook page or any other related mediums of Dokani.

8. Area

Dokani shall deliver the products ordered by the user or member only at Dhaka Metropolitan City Area. Any order placed by the user or the member outside any area not falling within the vicinity of Dhaka Metropolitan City Area shall not be considered or delivered by Dokani.

9. Intellectual Property Rights

• Dokani is the sole owner or lawful licensee of all the rights and interests in the Site and the Site Content. All title, ownership and intellectual property rights in the Site and Site Content shall remain with Dokani, our affiliates or licensors, as the case may be. All rights not otherwise claimed under the Terms and Conditions or by Dokani are hereby reserved.
• Dokani’s marks and other marks indicated on the Site are trademarks or registered trademarks in the relevant jurisdiction(s). The graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress and may not be used in connection with any product or service that does not belong to Dokani or in any manner that is likely to causeconfusion among customers, or in any manner that disparages or discredits Dokani. All other trademarks that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Dokani.
• Dokani may have independent third parties involved in the provision of the Site or Services (e.g., the authentication and verification service providers).  You may not use any trademark, service mark or logo of such independent third parties without prior written approval from such parties.

10. Notice

• All legal notices or demands to or upon Dokani shall be made in writing and sent to Dokani personally, by courier or certified mail to the following entity and address: 125/3, South Kamalapur Dhaka 1217. The notices shall be effective when they are received by Dokani in any of the above-mentioned manner.

• All legal notices or demands to or upon a user shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the user to Dokani, or by posting such notice or demand on an area of the Site that is publicly accessible without a charge. Notice to a user shall be deemed to be received by such user when:

a) Dokani is able to demonstrate that communication, whether in physical or electronic form, has been sent to such user, or

b) immediately upon Dokani posting such notice on an area of the Site that is publicly accessible without charge.

c) Receipt of notice or letters shall be not be valid without the proper seal of the concerned authority.

• Members agree that all agreements, notices, demands, disclosures and other communications that Dokani sends to them electronically shall satisfy any legal requirement that such communication should be in writing.

11. Seller Commission

• The seller shall pay Dokani a 5% commission of any sale products on the total transaction amount received by the seller.This commission excludes any Vat, Tax and regulatory charges.

• The bank may charge buyers an additional fee for using credit/debit/master cards and buyers should ensure that they are familiar with the bank’s terms of use of the cards which they will have agreed to when set to pay through cards.

• Dokanishall provide the seller of the sale item with an invoice detailing the Commission.

• All the payments shall be made on Dokani’s account. After deducting the commission from the payment made by the buyer, the rest of the payment belonging to the seller will be dispatched by Dokani within 15 (fifteen) working days.

• The seller or the member shall bear the cost of Vat, Tax and any regulatory charges of the products sold through Site at all times. Dokani is not liable for the any Vat, Tax and any kind of regulatory charges.

12. Limitation on liability

• TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES PROVIDED BY DOKANI ON OR THROUGH THE SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”, AND DOKANI HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, AND UNDERTAKINGS ARE HEREBY EXCLUDED.

• The Site may make available to user services or products provided by independent third parties.  No warranty or representation is made with regard to such services or products.  In no event shall Dokani or its affiliates be held liable for any such services or products.

• Dokani shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, equity or otherwise or any other damages resulting from any of the following:

a) the use or the inability to use the Site or Services;
b) any defect in goods, samples, data, information or services purchased or obtained from a user or any other third party through the Site or Services;
c) violation of third party rights or claims or demands that user’s manufacture, importation, exportation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Site or through the Services may violate or may be asserted to violate third party rights; or claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by third party rights claimants;
d) unauthorized access by third parties to data or private information of any user;
e) statements or conduct of any user of the Site or Services; or;
f) any matters relating to the Site or Services, however arising, including negligence.

• Dokani shall not liable for any kind of inaccuracy of the weight of the products except the products which contains the seal of Dokani. In that case the user or the member acknowledges and indemnifies Dokani that the products containing the seal of Dokani might vary in weight which shall not be more than 5% of the weight of the product.
• The Site may make available to user services or products provided by independent third parties.  No warranty or representation is made with regard to such Services or products.  In no event shall Dokani or our affiliates be held liable for any such Services or products.

• To the maximum extent permitted by the law, our total responsibility for any claims relating to a sale transaction is limited to the Commission payable in connection with that sale transaction.

13. Resolution of Disputes

• If any dispute,except cancellation of order as contained herein, arises relating to the Servicein the first instance please contact Dokanithrough email as provided in the website of Dokani and attempt to resolve the dispute with Dokani informally.
• If the dispute is not settled by the users within a reasonable time, Dokani will try to settle the dispute by way of mediation through the mediation resolution process. Dokani shall not bear any costs arising out as such.
• All purchases/sales made outside of Dokani are against the Terms and Conditions contained herein and are not covered by buyer or seller protection. Also, non-material goods, prohibited items are not covered by buyer or seller Protection under these Terms and Conditions.

14. Confidential Information
15. • Dokani is not bound to disclose to any users or members the information of its suppliers or its products unless it is disclosable under the prevailing laws of Bangladesh or by any government authority.

15. Governing law

• The governing shall be law of Bangladesh only. Bangladeshi law will apply to all disputes and the interpretation of these Terms and Conditions. The Bangladeshi courts will have non-exclusive jurisdiction over any dispute arising from or related to your use of the Service.
• Dokani may assign any of its rights and obligations under these Terms and Conditions.
• Dokani shall not be liable for any delay in performing or failure to perform its obligations caused by any force majeure event such as acts of God, acts of civil or military authority, terrorism, fire, flood, strikes, war, epidemics, pandemics, shortage of power, or other acts or causes reasonably beyond the control of the Parties. In those circumstances Dokanishall be granted a reasonable extension of time for the performance of its obligations, the reasonableness of that extension to be assessed in the context of these Terms and Conditions and Dokani’s other commitments.

Updated November 10, 2020