Terms of Service
Terms of Service
Last Update: Jan 25 , 2019
- WHAT IS WISHUNT
Wishunt is an online platform with its basic intent to associate and link Shoppers who want to purchase, buy or acquire products from overseas (usually for lack of local availability or any other reason) and Travellers who are willing to transport the products for the Shoppers upon “links” that are created between them with the presence of their mutual consent (individually the “Service” and collectively, the “Services”), which Services are accessible at https://www.wishunt.com (the “Website”) through which Wishunt makes the Services available and as an application for mobile devices (the “Application”).
Wishunt links a Shopper (defined below) who may choose products to buy from overseas and get them delivered through a Traveller (defined below) who would transport (defined below) the products upon their mutual consent by the created link. It is stated that Wishunt is not a party to any agreements entered into between Traveller and Shopper, nor is Wishunt an international shipment or transportation agency, retailer or seller of products, agent or insurer. Wishunt has no control over the conduct of Shopper and Traveller and other users of the Website, Application and Services or any negotiations and disclaims all liability in this regard.
- KEY TERMS
“Wishunt Content” means all Contents that Wishunt makes available through the Website, Application, or Services, including any Content licensed from a third party, but excluding user content.
“Collective Content” means user content and Wishunt Content.
“Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
“Shopper” means a user who requests (defined below) products via the Website, Application or Services, or a user who contacts a Traveller through Wishunt to transport products in exchange of a charge as agreed upon between respective Shopper and Traveller being co-ordinated, overseen and intermediated by Wishunt. Entering into contracts, carrying out the burden of ordering products, making payments are done by the Shopper on his own will and discretion and thereby a Shopper indemnifies Wishunt from any liability and excuses Wishunt for any mistakes, violations of trusts, and counterfeit actions happened between the time of placing a “Request” and the end of the “link” made via the Website, Application, and Service.
“Traveller” means a user who submits his or her travel information and consents that upon the creation of a link with a Shopper, he or she is willing to carry the products listed in that link to transport to the respective location approved and agreed upon by Wishunt, in exchange of previously agreed-upon charges and fees via the Website, Application and Services. A Traveller willingly enters into contracts, carries the burden of transporting the products, delivers them to Wishunt authorized location or to Wishunt authorized operative users on their own discretion, and exempts Wishunt from any liability and excuses WISHUNT for any mistakes, violations of trusts, and counterfeit actions happened between the time of adding a “Travel Info” and the end of the associated connections of that Travel Info made via the Website, Application, and Services.
“Request” means paying for products via the available methods as offered by Wishunt at https://wishunt.com/request-a-product/
“Link” means an online agreement between a Shopper and a Traveller regarding requested products.
“Travel Info” means submitting travel information containing intention or booking information of a trip on Wishunt in order to carry and transport Shopper requested products upon creation of respective links by a Traveller.
“User” means a person who completes Wishunt’s account registration (signup or login) process, including, but not limited to Traveller and Shopper.
“User Content” means all Content that a User posts, uploads, publishes, submits or transmits to be made available through the Website, Application or Services.
“Tax” or “Taxes” means including but not limited to value added taxes (VAT), any sales taxes, services taxes, taxes for goods, other similar municipal, state and federal indirect or other withholding and personal or corporate income taxes. Wishunt requires every Traveller to understand, be aware of, and careful about tax rules of a country he or she is traveling to and from while carrying products, purposefully to transport to Shopper contacted via Wishunt Website, Applications, and Services. The Traveller is expected to pay the customs fees, tax fees, and other tax-related costs upon making a link via Website, Applications, and Services as they occur.
In case of any conflict between these Terms and terms and conditions posted for a specific area of the Website, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Website, Application, Services, or Collective Content.
IT IS AGREED BY THE USER THAT, BY ACCESSING OR USING THE WEBSITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE WEBSITE, VIA THE APPLICATION OR THROUGH THE SERVICES, THE USER INDICATES THAT HE/SHE HAS READ, UNDERSTOOD AND THEREBY AGREES TO BE BOUND BY THESE TERMS, WHETHER OR NOT THE PERSON HAS REGISTERED WITH THE WEBSITE AND APPLICATION. IF SUCH TERMS AND CONDITIONS ARE NOT AGREED UPON THEN THE PERSON DOES NOT HAVE ANY RIGHT TO ACCESS OR USE THE WEBSITE AND/OR APPLICATION AND/OR SERVICES AND/OR ANY COLLECTIVE CONTENT.
By accepting these terms and condition the User for himself or being representative of any company or other legal entity represents and warrants that the User has the authority to bind that company or other legal entity to these Terms and conditions.
- TERMINATION AND CHANGE
Wishunt reserves the right to refuse Service to anyone for any reason at any time without assigning any reason. You understand that your content (not including credit card information), may be transferred unencrypted and may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service on the website through which the service is provided, without express written permission by us.
Wishunt at its sole discretion reserves the right, to modify the Website, Application or Services or to modify these Terms, including the Service fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Website or via the Application or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Website, Application or Services after we have posted a modification on the Website or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Website, Application and Services.
- ACCEPTABLE DEAL (REQUEST & TRIP)
In order for a request to be acceptable by Wishunt, a User must request an order with a total value of at least BDT 200/- (excluding any taxes) and a qualifying trip must contain a total number of products of 10 or more. Acceptable Deals will be considered only if all the activities occur and the payment is paid via the Wishunt platform, and the process of purchasing is completed and product is delivered. A deal that is subsequently canceled, refunded or altered such that the total value becomes less than BDT 1,000/- does not stand for Acceptable Deal. If both the Shopper and Traveller is the same person the Acceptable Deal will not be applicable.
Accepting a Traveller is subject to discretion of Wishunt and after being qualified as a Traveller he/she has to abide by the direction as shall be provided by Wishunt team on contact. Wishunt shall in no mean be held liable for any item or product other than what will be delivered to the traveller. For items given by Wishunt there will be a Receipt which will show the category and names of the items they will carry. There will be two copies of this Receipt both signed by the Traveller. One copy will remain with the Traveller and the other will remain with Wishunt. This is to ensure mutual safety and make things transparent. The consequence of any illegal items carried by the traveller will be borne solely by the Traveller.
In the event where any provision of this Terms of Service is deemed to be void, invalid, or unenforceable, that provision shall be severed from the remainder of this Terms of Service so as not to cause the invalidity or unenforceability of the remainder of this Terms of Services. All remaining provisions of this Terms of Service shall then continue in full force and effect. If any provision shall be deemed invalid due to its scope or breadth, such provision shall be deemed valid to the extent of the scope and breadth permitted by law.
General discount will be depicted on the Website and Application. On special occasions which will be declared prior to the occasion Wishunt will provide special discount to its user. The conditions of special discount will be declared prior to as well as during those occasions. This special discount program will be for a limited time only, and wishunt may withdraw or suspend this special discount program (in whole or in part) at any time on its discretion. The requirements and special discount are also subject to change at any time. During the initiation period of Wishunt we will provide a certain number of users with ‘voucher’ or ‘credit’ which will stand for a certain amount of special discount or amount for those selected or qualified users as per Wishunts’ sole discretion.
- UPDATES AND MODIFICATION:
Any new addition of features, Service or tools shall also be deemed to be subject to the Terms of Service in force. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Website. Therefore in order to stay updated on the Terms, please check this page periodically for changes. Your continued use of, or access to the Website, following the posting of any changes shall be deemed as acceptance of those changes.
Wishunt is not an owner or seller or retailer or broker or commissioned agent of including, but not limited to, any product and services made and marketed by third party corporations, companies, individual seller or government service provider, nor is it a local or international insurance or shipping service. Wishunt does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control products, including, but not limited to, shipping, insurance or transportation or travel services. Wishunt’s responsibilities are limited to: facilitating the availability of the Website.
PLEASE NOTE THAT, AS STATED ABOVE, THE WEBSITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE THE CREATION OF linkS. WISHUNT CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY FLIGHTS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY PRODUCTS IN ANY link. WISHUNT IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL FLIGHTS AND linkS. ACCORDINGLY, ANY REQUESTS OR linkS WILL BE MADE AT THE USER’S OWN RISK.
No commercial authenticity of any business entity is certified by Wishunt. In addition, although these Terms require Users to provide accurate information, we do not confirm, any User’s purported identity. You are held accountable for determining the identity and correctness of others who you contact via the Website, Application and Services. Wshunt shall not be responsible for any harm or damage resulting from interactions with other Users.
We encourage you to communicate directly with other Users on the Website and Application regarding any link made by you. By using the Website, Application and Services, it is agreed by you that any legal remedy or liability that you may seek to obtain for actions or omissions of other Users or other third parties will be limited to a claim against the particular Users or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from Wishunt with respect to such actions or omissions.
- USER CONDUCT:
By using the Website or the Application, you agree that:
- You shall not use the Service for unlawful purposes;
- You shall not use the Service for the purpose for which it is intended to be used;
- You shall not use the Website and/or Application for sending or storing any unlawful material or for fraudulent purposes;
- You shall not use the Website and/or Application to cause nuisance, annoyance, inconvenience or make fake bookings;
- You shall not use the Service, the Website and/or the Application for purposes other than obtaining the Service;
- You shall not contact the third party User for purposes other than the Service;
- You shall not contact a Shopper for any purpose other than asking a question related to a link, such Shopper’s request to carry or Flights;
- You shall not contact a Traveller for any purpose other than asking a question related to a link or such Traveller’s use of the Website, Application and Services;
- You shall not as a Traveller, submit any Flight with a false or misleading price information, or submit any Flight which would result creation of links that you do not intend to honor;
- You shall not impair the proper operation of the Service;
- You shall not try to harm the Service, the Application and/or the Software in any way whatsoever;
- You shall keep secure and confidential your account password or any identification we provide you which allows access to the Service;
- You shall provide the Company with proof of identity as it may reasonably request or require;
- You agree to provide accurate, current and complete information as required for the Service and undertake the responsibility to maintain and update your information in a timely manner to keep it accurate, current and complete at all times during the term of this Agreement. You agree that we may rely on your information as accurate, current and complete. You acknowledge that if your information is untrue, inaccurate, not current or incomplete in any respect, we have the right but not the obligation to terminate this Agreement and your use of the Service at any time with or without notice;
- You shall not register for more than one Wishunt Account or register for a Wishunt Account on behalf of an individual other than yourself;
- You shall only use an access point or data account which you are authorized to use;
- You shall not impair or circumvent the proper operation of the network which the Service operates on;
- You agree that the Service is provided on a reasonable effort basis; and
You agree to assume full responsibility and liability for all loss or damage suffered by yourself, the third party service provider, Wishunt or any third party as a result of any breach of the Terms of Service.
Wishunt will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Wishunt may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Wishunt has no obligation to monitor your access to or use of the Website, Application, Services or Collective Content or to review or edit any User Content, but has the right to do so for the purpose of operating the Website, Application and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Wishunt reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Wishunt, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Website, Application or Services.
- USER CONTENT
We may, at our sole discretion, permit Users to post, upload, publish, submit or transmit User Content. By making available any User Content on or through the Website, Application and Services, you hereby grant Wishunt a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content on, through, or by means of the Website, Application and Services. Wishunt does not claim any ownership rights in any such User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such User Content.
You acknowledge and agree that you are solely responsible for all User Content that you make available through the Website, Application and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Website, Application and Services or you have all rights, licenses, consents and releases that are necessary to grant to Wishunt the rights in such User Content, as contemplated under these Terms; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Wishunt’s use of the User Content (or any portion thereof) on, through or by means of the Website, Application and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
The Website, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that Wishunt is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Wishunt of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
By agreeing to the Terms of Service upon using the Service through Website and/or Application, you agree that you shall defend, indemnify and hold Wishunt, its subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs and/or regulatory action) arising out of or in connection with: (a) your use of the Service, the Website and/or the Application in your dealings with the third party transportation providers, third party merchants, providers, partners, advertisers and/or sponsors, or (b) your violation or breach of any of the Terms of Service or any applicable law or regulation, whether or not referenced herein, or (c) your violation of any rights of any third party arranged via the Service, or (d) your use or misuse of the Service, the Website and/or the Application, or (e) your use or misuse of rewards under Wishunt Credits, including if you commit any fraud or misrepresent any information supplied.
WISHUNT MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE, THE APPLICATION, THE WEBSITE AND/OR REWARDS. WISHUNT DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE, THE APPLICATION AND/OR THE WEBSITE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE AND/OR REWARDS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, REWARDS OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE APPLICATION WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE APPLICATION AND/OR THE WEBSITE WILL BE CORRECTED, OR (F) THE APPLICATION OR THE SERVER(S) THAT MAKE THE WEBSITE AND/OR THE APPLICATION AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (G) THE APPLICATION AND/OR THE WEBSITE TRACKS YOU. THE SERVICE AND REWARDS ARE PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY EXCLUDED AND DISCLAIMED TO THE HIGHEST AND MAXIMUM EXTENT.
WISHUNT MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY SERVICES AND/OR REWARDS. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICE, AND ANY THIRD PARTY SERVICES AND PRODUCTS, INCLUDING BUT NOT LIMITED TO THE THIRD PARTY TRANSPORTATION OR OTHER SERVICES AND PRODUCTS REMAINS SOLELY AND ABSOLUTELY WITH YOU AND YOU SHALL HAVE NO RECOURSE WHATSOEVER TO THE COMPANY.
This Terms of Service shall be governed by the laws of Bangladesh, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with the Terms of Service or the Service shall be subject to the exclusive jurisdiction of the courts of Bangladesh to which you hereby agree to submit to.