REFUND ACCOUNT TERMS & CONDITIONS

Please read these terms and conditions (“Refund Balance Account Policy”) carefully before registering, accessing or using the Refund Balance Account located at (“Mirchi Dhaba Website”) or the Mirchi Dhaba mobile application (hereinafter collectively referred to as “Mirchi Dhaba Platform”) on any device and/or before using any services in relation to the Refund Balance Account that may be offered by Mirchi Dhaba on the Mirchi Dhaba Platform (hereinafter referred to as “Services”). This Refund Balance Account Balance Policy forms a legal agreement between you (“User” or “you”) and Mirchi Dhaba Bangladesh Ltd. (“Mirchi Dhaba ” or “we”). These Refund Balance Account Policy are supplemental to and deemed to be incorporated into the Terms of which govern your use of the Mirchi Dhaba Platform.

Capitalised terms used but not otherwise defined herein shall have the same meanings ascribed to them in the Terms of Use.

Whenever the context requires, “User” or “you” shall mean any natural person who has reached eighteen (18) years of age who is eligible to contract and has registered for the Refund Balance Account by accepting this/these Policy/ies.

You agree and acknowledge that you have read the Refund Balance Account Policy set forth below. In addition, you confirm that you are (a) a citizen of Bangladesh, resident in Bangladesh; (b) have attained the age of 18 years; and (c) have a valid Mirchi Dhaba account. If you do not agree to these Account Balance Policy or do not wish to be bound by these Refund Balance Account Policy, or are below eighteen (18) years of age, please do not use the Services and Refund Balance Account and/or immediately discontinue your use of the Services and Refund Account.

Mirchi Dhaba may amend the Refund Balance Account Policy from time to time by publishing an updated version at the Mirchi Dhaba Website. The updated version of the Refund Balance Account Policy shall take effect immediately upon posting. It is your responsibility to review this/these Policy/ies periodically for updates/changes. Your continued use of the Services following the posting of such changes shall be deemed to be your acceptance and agreement to the revised Refund Balance Account Policy.

Your use of the Services, the Refund Balance Account Balance Policy and the Mirchi Dhaba Platform indicates your agreement to this Policy, so please read the Refund Balance Account Policy carefully before proceeding. By accessing and using the Platforms, you agree that you have read, understood and accepted the Terms in this Refund Balance Account Policy. If you do not agree or fall within the Terms, please do not use the Platforms or opt-out of the Refund Balance Account feature from your application. By impliedly or expressly accepting these Refund Balance Account Policy, you also accept and agree to be bound by Mirchi Dhaba ’s policies (including, but not limited to, our Privacy Policy) available on the Mirchi Dhaba Website, as may be amended from time to time.

1. Registering for Refund Balance Account

Mirchi Dhaba offers Refund Balance Account, a closed system payment account, to a User on the Mirchi Dhaba Platform. To use this feature on the Mirchi Dhaba Platform, a User must register by providing their details, namely, name, email address, and mobile number (“User’s Details”), and a Refund Balance Account will be issued to a User immediately upon successful registration on the Mirchi Dhaba Platform. If you are already registered on the Mirchi Dhaba Platform, a Refund Balance Account has already been issued to you.

2. Key Features of Refund Balance Account

The key features of the Refund Balance Account are set out below:

Key Features Of Refund Balance Account

S.No.

Feature

Conditions

1

Usage

Users have the discretion to opt-in to this feature by way of accessing it through the Mirchi Dhaba Platform; and that this shall be deemed to be the User’s consent to receive and store the due refunds to be used in future purchase. Users retain the right to opt-out of this feature by way of accessing it through the Mirchi Dhaba Platform.

2

Mode of Loading or Reloading

Users can maintain monetary value in the Refund Balance Account. Monetary value can only be loaded in the Refund Account by way of refunds that might arise due to cancellations and returns of your online transactions on the Mirchi Dhaba Platform;

3

Maximum Balance

The balance in the Refund Balance Account cannot exceed BDT 50,000 at any point of time. You will not be able to receive refunds and make online top-ups to your Refund Balance Account if this will cause the balance to exceed BDT 50,000.

4

Use of Balance

The balance in the Refund Balance Account can only be used to purchase goods and/or services from the vendors listed on the Mirchi Dhaba Platform (“Vendors”).

If you choose to utilize the balance in your Refund Balance Account for an order and the value of the order exceeds the balance in your Refund Balance Account, the balance in your Refund Balance Account shall be utilized in full and the remaining amount of the order shall be charged to the online payment method chosen by you or Cash-on-Delivery (“COD”)

If you choose to utilize the balance in your Refund Balance Account for an order and the value of the order is less than the balance in your Refund Balance Account, Mirchi Dhaba will only deduct the value of the order from the balance in the Refund Balance Account. Any remaining balance in your Refund Balance Account may be used on subsequent orders.

4

Transfer of funds

You have the option of transferring refunds received in your Refund Balance Account to the original payment source from which original payment was made for the order.

3. General Terms of Use for Refund Balance Account

The balance in the Refund Balance Account cannot be withdrawn as cash.
The Refund Balance Account is not transferable.
No interest is payable on the outstanding balance in the Refund Balance Account.
Each User is permitted to operate only one (1) Refund Balance Account. Any violation or suspected violation of this condition shall constitute grounds for suspension of the User’s access to all Refund Balance Accounts of the User.
Mirchi Dhaba may, from time to time, require additional information from you regarding your identity and your use of the Refund Balance Account, including transactions made thereon, identification information and number of Refund Balance Accounts being held by you. You agree that you will provide in good faith accurate, complete and truthful responses to such queries from Mirchi Dhaba , and your failure to do so may result in the immediate suspension or termination of your Refund Balance Account and/or Mirchi Dhaba Account.
Mirchi Dhaba reserves the right to suspend/discontinue the Refund Balance Account at any time, for any cause, including, but not limited, to the following:
For any suspected violation of any applicable laws, rules, regulations, orders, directions, notifications and guidelines, including notices and guidelines issued by Bangladesh Bank from time to time, or for any violation of any instructions or notifications issued by Mirchi Dhaba to the User from time to time, or any terms of usage of Mirchi Dhaba ’s services, including these Account Balance Policy;
any suspected discrepancy, false information and/or inaccuracies in the User’s Details and any other identification, financial information or supporting documents provided by the User;
to combat potential fraud, sabotage, money laundering, terrorism financing, willful destruction, or for any other force majeure event; or
Mirchi Dhaba in its sole opinion and discretion believes that cessation/suspension of the Refund Balance Account is necessary for any other legitimate purpose.
Mode of Refund: If you are entitled to a refund in accordance with the refund and cancellation policies set out in the Terms of Use, the default mode of refund for orders in which payments were done through credit cards, debit cards and COD will be a refund to the Refund Balance Account . The amount approved for refund to you shall be in Mirchi Dhaba ’s sole discretion. The refund will be processed as soon as reasonably practicable and may be instantaneous where possible. Once the refunded amount is reflected in the Refund Balance Account, the refunded amount can be redeemed immediately on your next order. However, you may transfer the refunded amount from your Refund Balance Account to the original payment source which was used to make payment for the order. However, for Orders in which payments were made through COD, we will request you to designate a bank account and the refund will be processed to that account. Such transfer, including transfer to credit card or debit card, may take three (3) to five (5) business days. Notwithstanding the foregoing, we reserve the right to refuse any request for transfer to source in order to ensure compliance with its risk management policies or regulatory obligations.
Validity of Balance in Refund Balance User Account: The balance reflected in your Refund Balance Account shall not expire as long as you have a valid Refund Balance Account. In the event that your Refund Balance Account terminates or you wish to close your Refund Balance Account, you may redeem the entire outstanding balance in your Refund Balance Account only by making a purchase on the Mirchi Dhaba Platform prior to closing your Refund Balance Account. However, if your Refund Balance Account is terminated by Mirchi Dhaba pursuant to Paragraph IV or V above, the termination shall take place with immediate effect and you shall not be permitted to utilize any remaining balance in your Refund Balance Account, which will be forfeited.
Charges: The Refund Balance Account is free for Users. Mirchi Dhaba does not charge Users any fee for creating a Refund Balance Account or use of Services. Mirchi Dhaba reserves the right to change its fee policy from time to time. In particular, Mirchi Dhaba may at its sole discretion introduce new Services and modify some or all the existing Services offered. In such an event, we reserve the right to introduce fees for the new Services offered or amend/introduce fees for existing Services, as the case may be. Changes to the fee policy shall be posted on the Mirchi Dhaba Website and such changes shall automatically become effective immediately after they are posted on the Mirchi Dhaba Website.
Prohibited Uses of Refund Balance Account: Without prejudice to the other restrictions and limitations contained above, you shall not under any circumstances:
use the Refund Balance Account to defraud Mirchi Dhaba , its affiliates or other members or users, or engage in other unlawful activities (including, without limitation, dealing in products or services prohibited by law);
use the Refund Balance Account in such a manner that violates, or causes Mirchi Dhaba to be a party in the violation of any law, statute, ordinance or regulation;
impersonate any person or entity, falsely claim or otherwise misrepresent affiliation with any person or entity, or access the accounts of others without permission, forge another person’s digital signatures or perform any other fraudulent activity;
post or transmit any message, image or data which is pornographic, obscene, abusive, profane, offensive, inappropriate, unlawful, infringing, inaccurate, false, defamatory, violent, or otherwise objectionable in nature;
purchase any products or services using fraudulent, misappropriated, or unlawfully obtained funds;
use the balance in the Refund Balance Account in a manner that may result in complaints, disputes, imposition of fines, penalties, chargebacks or any other liability to Mirchi Dhaba ; or
use the Refund Balance Account for money laundering, terrorism financing, tax evasion or any other illegal activities.
Your Responsibilities:In connection with your use of the Refund Balance Account, it shall strictly be your responsibility to adhere to the following:
Promptly inform Mirchi Dhaba of any unauthorised usage of your Refund Balance Account and any other circumstances which may lead to unauthorised usage of your Refund Balance Account. The responsibility of any transaction prior to intimation, will solely be on the registered User;
that when you acquire goods and/or services from a Vendor and pay the Vendor through the Refund Balance Account, you understand that you enter into a contract with the Vendor and we are not a party to the contract between you and the Vendor; and
to use the Refund Balance Account in good faith and in compliance with all applicable laws and regulations, all instructions or notifications issued to you by Mirchi Dhaba from time to time, and these Refund Balance Account.
Unauthorised Transactions and Redressal:
An unauthorised transaction occurs when a payment is made from or to your Refund Balance Account that you did not authorise. For example, if someone makes a transaction from your Refund Balance Account using a stolen password, an unauthorised transaction has occurred. If you provide access to your Refund Balance Account to a third party (by disclosing your login information or any other information) and they conduct transactions without your knowledge or permission, you are solely responsible for any resultant use.
The liability of any misuse is solely yours, until you report the issue to Mirchi Dhaba .
In the event of an unauthorised transaction made using your Refund Balance Account, you must report the misuse of your Refund Balance Account to the police and lodge a complaint with the police. Simultaneously, you should also immediately notify Mirchi Dhaba if you believe:
there has been an unauthorised transaction or unauthorised access to your account; or
your username and password for your Refund Balance Account has been compromised;
For unauthorised transactions or errors made using your Refund Balance Account, you may notify us via our in-app customer support chat feature.

4. Intellectual Property

Intellectual Property
All trademarks, service marks, logos, images, copyrights, patents, trade secrets or any other rights , as displayed on or embodied in the Mirchi Dhaba Platform or in our marketing material, whether registered or unregistered, are the intellectual property of Mirchi Dhaba and/or third parties who have authorised us to use their trademarks, logos, images, and service marks (collectively the “Trademarks”). You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Trademarks in any way without our prior express written consent. The use of the Trademarks on any other website not approved by us is strictly prohibited. Mirchi Dhaba will aggressively enforce its intellectual property rights to the fullest extent of the law, including, where applicable, criminal prosecution.

Mirchi Dhaba Platform, Refund Balance Account and the Services
Mirchi Dhaba , its parent company and its affiliates, where applicable, shall own all rights, title and interest, including all related intellectual property rights, in and to the Mirchi Dhaba Platform, the Refund Balance Account and the Services.

These Account Balance Policy do not convey to you any rights of ownership in or related to the Mirchi Dhaba Platform, the Refund Balance Account or the Services, or any intellectual property rights owned by Mirchi Dhaba , its parent company and/or its affiliates.

For the avoidance of doubt, Mirchi Dhaba ’s name, logo, and the third party logos and product names associated with the Mirchi Dhaba Platform and the Services are trademarks of Mirchi Dhaba , its parent company, affiliates and/or third parties, and no right or license is granted to use them.

5. Data Privacy and Personal Data Protection Policy

You agree and consent to Mirchi Dhaba collecting, using, disclosing and processing your personal data in accordance with our Privacy Policy.

6. Indemnification

By agreeing to these Account Balance Policy and upon using the Services and/or the Refund Balance Account, you agree that you shall defend, indemnify and hold Mirchi Dhaba, its parent company, 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) arising out of or in connection with:

your use of the Services, the Refund Balance Account and/or the Mirchi Dhaba Platform in your dealings with any third parties, including, but not limited to, the Vendors, delivery agents and other users of the Mirchi Dhaba Platform;
your violation or breach of any of the Account Balance Policy or any applicable law or regulation;
your violation of any rights of any third party;
your misuse of the Services and/or the Mirchi Dhaba Platform.

7. No Warranties; Limitation of Liability

The Services are provided to you strictly on an “as is” and “as available” basis without any warranty of any kind and Mirchi Dhaba does not authorise any third party to make any warranty on our behalf. To the fullest extent permitted by law, Mirchi Dhaba makes no representations or warranties, whether express, implied, statutory or other, including without limitation, any implied warranty as to the accuracy, reliability, timeliness, quality, suitability, availability, completeness, merchantability, or fitness for a particular purpose, or non-infringement of third party rights, or that the Services will be uninterrupted, timely or error-free, in relation to any data and information on the Refund Balance Account, the Refund Balance Account and the Services. Further, Mirchi Dhaba does not represent or warrant that the data and information on the Refund Balance Account, the Refund Balance Account and the Services will meet your requirements. All data and information in and shown on the Refund Balance Account are believed by Mirchi Dhaba to be accurate to the best of its knowledge, but because of the possibility of human and mechanical error, delays or interruptions, system downtime, and other factors, all data and information in and shown on the Refund Balance Account, are provided on an “as is” and “as available” basis.

The use of the Refund Balance Account, Services and the Mirchi Dhaba Platform may be subject to limitations, delays, security issues, and other problems inherent in the use of the internet and electronic communications, including the device used by you being faulty, not connected, out of range of mobile signals or functioning incorrectly. Mirchi Dhaba is not responsible for any delays, delivery failures, damages or losses resulting from such problems. You agree that all risks arising from online transactions will be borne by you.

To the fullest extent permitted by law, Mirchi Dhaba shall not be liable in contract or otherwise for any direct, indirect, special, punitive or consequential loss or damage, including without limitation data loss or economic loss, sustained by you or any other party by the direct or indirect use of or reliance on the Refund Balance Account, the Services, Mirchi Dhaba Platform or the data or information therein and shown thereon. To the extent that Mirchi Dhaba incurs any liability notwithstanding the foregoing sentence, Mirchi Dhaba’s liability shall in no event exceed the amount paid by you for the use of the Services giving rise to the cause of action.

8. Complaints

You may contact Mirchi Dhaba if you wish to make a complaint about the Services to our complaints officer via our in-app customer support chat feature

9. Assignment

These Account Balance Policy, as may be modified from time to time, may not be assigned by you without the prior written approval of Mirchi Dhaba. Mirchi Dhaba may assign these Account Balance Policy, whether in whole or in part, to any third party, including its affiliates or related entities, without your consent.

10. Notices

Mirchi Dhaba may give notice by means of a general notice on the Mirchi Dhaba Platform, or by electronic mail to your email address in the records of Mirchi Dhaba, or by written communication sent by registered mail or pre-paid post to your physical address in the records of Mirchi Dhaba. Such notice shall be deemed to have been given upon the expiration of two (2) working days after the date of posting (if sent by registered mail or pre-paid post) or one (1) hour after sending (if sent by email or posted on the Mirchi Dhaba Platform).
You may give notice to Mirchi Dhaba by written communication sent by courier or registered mail to Mirchi Dhaba’s registered address. Such notice shall be deemed to be given upon written acknowledgment of receipt by an officer or other duly authorized representative of Mirchi Dhaba.

11. Governing Law and Dispute Resolution and Governing Law.

You agree that any claim or dispute or conflict that you may have against Mirchi Dhaba arising from or in relation to the Refund Balance Account terms shall be amicably Upon failure to settle a dispute amicably within 30 days, such dispute shall be referred to arbitration in accordance with the provisions of the Arbitration Act 2001 of Bangladesh.
These Refund Balance Account Terms and any dispute or claim arising out of or in connection with it shall be governed by and construed in accordance with the laws of Bangladesh.