1. TERMS OF USE

By downloading, browsing, accessing or using Happihub app, you agree to be bound by these Terms and Conditions of Use. We reserve the right to amend these terms and conditions at any time. If you disagree with any of these Terms and Conditions of Use, you must immediately discontinue your access to the Happihub and your use of the services offered on the Mobile Application. Continued use of the Happihub will constitute acceptance of these Terms and Conditions of Use, as may be amended from time to time.

2. DEFINITIONS

In these Terms and Conditions of Use, the following capitalized terms shall have the following meanings, except where the context otherwise requires:

"Account" means an account created by a User on the Happihub’s part of Registration.

"Merchant" refers to any entity whose products or Samples can be purchased and/or redeemed (as the case may be) via the Happihub.

"Payment" refers paying the amount of the product/voucher/service through app reward balance and payment gateway such as SSL Commerce/Bkash.

"Privacy Policy" means the privacy policy set out in Clause 11 of these Terms and Conditions of Use.

"Redeem" means to redeem a Merchant’s products/voucher/coupons that you purchased through app or vouchers on.

"Redemption" means the act of redeeming such products/voucher/coupons.

"Register" means to create an Account on the Happihub and "Registration" means the act of creating such an Account.

"Samples" means samples of Merchant’s products and/or Merchant’s services, including without limitation, any vouchers for the redemption of such services, and "Sample" means any one of them.

"Services" means all the services provided by Happihub or merchants via the Happihub to Users, and "Service" means any one of them.

"Users" means users of the Happihub, including you and "User" means any one of them.

3. GENERAL ISSUES ABOUT THE HAPPIHUB AND THE SERVICES

3.1 Applicability of terms and conditions: The use of any Services and/or the Happihub and the making of any Redemptions/Purchase are subject to these Terms and Conditions of Use.

3.2 Location: The Mobile Application, the Services and any Redemption/Purchase are intended solely for use by Users who access the Happihub in anywhere Bangladesh. We make no representation that the Services (or any goods or services) are available or otherwise suitable for use outside of BD. Notwithstanding the above, if you access the Happihub, use/buy the products/services or make any Redemptions from locations outside Bangladesh, you do so on your own initiative and are responsible for the consequences and for compliance with all applicable laws.

3.3 Scope: The Mobile Application, the Services and any Purchase/Redemptions are for your non-commercial, personal use only and must not be used for business purposes.

3.4 Prevention on use: We reserve the right to prevent you using Happihub and the Service (or any part of them) and to prevent you from making any Redemptions/Purchase.

3.5 Equipment and Networks: The provision of the Services and the Happihub does need your location details and Discount/Reward Point/Gift Card Request/Product Purchase validation from merchant to make any Purchase/Redemption. To use the Happihub or Services or to make Redemptions or Purchase, you will require Internet connectivity and appropriate our partner shop QR code validation. You acknowledge that the terms of agreement with your respective mobile network provider ("Mobile Provider") will continue to apply when using the Mobile Application. As a result, you may be charged by the Mobile Provider for access to internet network connection services for the duration of the connection while accessing the Happihub or any such third party charges as may arise. You accept responsibility for any such charges that arise.

3.6 Permission to use Mobile Application: If you are not the bill payer then you are not allowed to claim the bill receipt to get points because this bill doesn’t represent you. Therefore, using multiple accounts by using different name or similar name is not allowed because the best practice is single user single account method to avoid account block or restrictions by the system.

3.7 License to Use Material: By submitting any text or images (including photographs) (“Material”) via the Application, you represent that you are the owner of the Material, or have proper authorization from the owner of the Material to use, reproduce and distribute it. You hereby grant us a worldwide, royalty-free, non-exclusive license to use the Material to promote any products or services.

4. COUPON/VOUCHER PURCHASE

4.1 Need for registration: You must register to make Purchase anything (voucher/Coupon) from the Happihub merchants.

4.2 Application of these Terms and Conditions of Use: By making any Purchase, you acknowledge that the Purchase is subject to these Terms and Conditions of Use.

4.3 Redemption or Purchase: Any attempted Purchase not consistent with these Terms and Conditions of Use may be disallowed or rendered void at our or the relevant Merchant’s discretion.

4.4 Responsibility for Purchase/Redemptions: Each Merchant shall be responsible to ensure that you are the person who has applied for Purchase /Discount/Reward Point/Gift. They have authority to decline your reward/discount request if they find any misconduct from you.

4.5 Restrictions: (a) You must have to meet the minimum purchase criteria to apply for reward point request (b) For group bill (friends hangout or family out) only one of the app user is allowed to send Discount/Reward Point/Gift request to claim for redemption (c) If our merchant face any hassle from you then they can decline your request by canceling it and this may result your profile ban from Happihub app.

4.6: Taxes: You shall be responsible for payment of all fees/costs/charges associated with the purchase of products from the Site and you agree to bear any and all applicable taxes as per prevailing law.

5. REFUND POLICY

If your coupon/voucher/mobile recharge is eligible for a refund, you can choose your preferred refund method based on the table below. If you paid through app reward point balance and payment gateway both then the amount of balance payment amount will be refunded in your app reward balance again and rest of the payment gateway amount will be refunded you to your preferred banking channel (Bkash, Nagad or Bank Account). The time required to complete a refund depends on the refund method you have selected as follows:

6.LOCATION ALERTS AND NOTIFICATIONS

6.1 You agree to receive pre-programmed notifications (“Location Alerts” & “push Notifications”) on the Happihub from Merchants if you have turned on promotional message option from account settings.

7. YOUR OBLIGATIONS

7.1 Merchant terms: You agree to (and shall) abide by the terms and conditions of the relevant Merchant for which your Redemption relates to, as may be amended from time to time.

7.2 Accurate information: You warrant that all information provided on Registration and contained as part of your Account is true, complete and accurate and that you will promptly inform us of any changes to such information by updating the information in your Account.

7.3 Content on the Happihub and Service: Make it sure that the content you are providing is authentic, for example: review rating and images of products/foods.

7.4 Prohibitions in relation to usage of Services or Mobile Application: Without limitation, you undertake not to use or permit anyone else to use the Services or Mobile Application:-

7.4.1 to post or receive any material which is not civil or tasteful

7.4.2 to post or receive any material which is threatening, grossly offensive, of an indecent, obscene or menacing character, blasphemous or defamatory of any person, in contempt of court or in breach of confidence, copyright, rights of personality, publicity or privacy or any other third party rights;

7.4.3 to post or receive any material for which you have not obtained all necessary licenses and/or approvals (from us or third parties); or which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in any country in the world;

7.4.4 to post or receive any material which is technically harmful (including computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);

7.5 Prohibitions in relation to usage of Services, Mobile Application: Without limitation, you further undertake not to or permit anyone else to:-

7.5.1 attempt to circumvent our security or network including to access data not intended for you, log into a server or account you are not expressly authorized to access, or probe the security of other networks (such as running a port scan);

7.5.2 execute any form of network monitoring which will intercept data not intended for you;

7.5.3 extract data from or hack into the Mobile Application;

7.5.4 use the Services or Happihub in breach of these Terms and Conditions of Use;

7.5.5 engage in any unlawful activity in connection with the use of the Happihub or the Services; or

7.5.6 engage in any conduct which, in our exclusive reasonable opinion, restricts or inhibits any other customer from properly using or enjoying the Happihub or Services.

8. RULES ABOUT USE OF THE SERVICE AND THE MOBILE APPLICATION

8.1 We will use reasonable endeavors to correct any errors or omissions as soon as practicable after being notified of them. However, we do not guarantee that the Services or the Happihub will be free of faults, and we do not accept liability for any such faults, errors or omissions. In the event of any such error, fault or omission, you should report it by contacting us at +8801912244387 or our Support Center.

8.2 We do not warrant that your use of the Services or the Happihub will be uninterrupted and we do not warrant that any information (or messages) transmitted via the Services or the Happihub will be transmitted accurately, reliably, in a timely manner or at all. Notwithstanding that we will try to allow uninterrupted access to the Services and the Mobile Application, access to the Services and the Happihub may be suspended, restricted or terminated at any time.

8.3 We do not give any warranty that the Services and the Happihub are free from viruses or anything else which may have a harmful effect on any technology.

8.4 We reserve the right to change, modify, substitute, suspend or remove without notice any information or Services on the Happihub from time to time. Your access to the Happihub and/or the Services may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore such access as soon as we reasonably can. For the avoidance of doubt, we reserve the right to withdraw any information or Services from the Happihub at any time.

8.5 We reserve the right to block access to and/or to edit or remove any material which in our reasonable opinion may give rise to a breach of these Terms and Conditions of Use.

9. SUSPENSION AND TERMINATION

9.1 You are not encouraged to open more than one account to use the app. If you open more than one account by using different person’s name and number then all of your account can be blocked/ banned permanently or temporarily without notice. For unblocking your account, you have to contact the customer service by mentioning your actual issue and mistakes. Unblock of the account depends of Happihub authority’s judgment. For maintaining 2 accounts (at max allowed), you have to inform the authority through customer service by ensuring your both account identity matches which belongs to you.

9.2 If we suspend the Services or Mobile Application, we may refuse to restore the Services or Happihub for your use until we receive an assurance from you, in a form we deem acceptable, that there will be no further breach of the provisions of these Terms and Conditions of Use.

10. DISCLAIMER AND EXCLUSION OF LIABILITY

10.1 The Mobile Application, the Services, the information on the Happihub and use of all related facilities are provided on an "as is, as available" basis without any warranties whether express or implied.

10.2 To the fullest extent permitted by applicable law, we disclaim all representations and warranties relating to the Happihub and its contents, including in relation to any inaccuracies or omissions in the Mobile Application, warranties of merchantability, quality, fitness for a particular purpose, accuracy, availability, non-infringement or implied warranties from course of dealing or usage of trade.

10.3 We do not warrant that the Happihub will always be accessible, uninterrupted, timely, secure, error free or free from computer virus or other invasive or damaging code or that the Happihub will not be affected by any acts of God or other force majeure events, including inability to obtain or shortage of necessary materials, equipment facilities, power or telecommunications, lack of telecommunications equipment or facilities and failure of information technology or telecommunications equipment or facilities.

11. INTELLECTUAL PROPERTY RIGHTS

11.1 All editorial content, information, photographs, illustrations, artwork and other graphic materials, and names, logos and trade marks on the Happihub are protected by copyright laws and/or other laws and/or international treaties, and belong to us and/or our suppliers, as the case may be. These works, logos, graphics, sounds or images may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted or circulated whether in whole or in part, unless expressly permitted by us and/or our suppliers, as the case may be.

11.2 Misuse of any trademarks or any other content displayed on the Happihub is prohibited.

11.3 We will not hesitate to take legal action against any unauthorized usage of our trademarks, name or symbols to preserve and protect its rights in the matter. All rights not expressly granted herein are reserved. Other product and company names mentioned herein may also be the trademarks of their respective owners.

12. AMENDMENTS

12.1 We may periodically make changes to the contents of the Mobile Application, including to the descriptions and prices of goods and services advertised, at any time and without notice. We assume no liability or responsibility for any errors or omissions in the content of the Mobile Application.

12.2 We reserve the right to amend these Terms and Conditions of Use from time to time without notice. The revised Terms and Conditions of Use will be posted on the Happihub and shall take effect from the date of such posting. You are advised to review these terms and conditions periodically as they are binding upon you.

13. HAPPIHUB REWARD POINT VALIDITY POLICY

13.1 If a user is not active in the app for the last 6 months then his/her Happi Points will become invalid from the account and it will be omitted from the user account.

13.2 If a user is engaged in the following activity then his/her Happi Points will not become invalid.

• login to app,
• bill claim for happi point,
• mobile recharge or buying voucher/coupon

14. SERVICE TERMINATION/DISCONTINUATION

If Happihub at any time terminates offering its services to customers, it will give the customer a reasonable advance notice period of 4 months to redeem their existing reward points or discount coupons/vouchers. Upon such date of termination, Happihub has the right to terminate its services upon notice to the customer.

15. REPRESENTATION & WARRENTIES

We do not make any representation or warranty as to specifics (such as quality, value, saleability, etc) of the products or services listed to be sold on the Site when products or services are sold by third parties. We do not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Site. We accept no liability for any errors or omissions, whether on behalf of itself or third parties.

We are not responsible for any non-performance or breach of any contract entered into between you and the sellers. We cannot and do not guarantee your actions or those of the sellers as they conclude transactions on the Site. We are not required to mediate or resolve any dispute or disagreement arising from transactions occurring on our Site.

We do not at any point of time during any transaction as entered into by you with a third party on our Site, gain title to or have any rights or claims over the products or services offered by a seller. Therefore, we do not have any obligations or liabilities in respect of such contract(s) entered into between you and the seller(s). We are 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.

Pricing on any product(s) or related information as reflected on the Site may due to some technical issue, typographical error or other reason by incorrect as published and as a result you accept that in such conditions the seller or the Site may cancel your order without prior notice or any liability arising as a result. Any prepayments made for such orders will be refunded to you per our refund policy as stipulated here.