INTRODUCTIONÂ Â
Greetings from SWISH.GLOBAL. These are the terms and conditions regulating your access to and use of SWISH, as well as its connected sub-domains, websites, smartphone app, services, and tools. We are an online marketplace (the Site).
By using the Site, you hereby agree to and represent that you accept these terms and conditions (together with any linked information herein) and that you will abide by them (the User Agreement).
REQUIREMENTS FOR USE
YOUR ACCOUNT
PRIVACY
PLATFORM FOR COMMUNICATION
You accept, agree, and agree that the Site is an online store where you can buy things at the listed price whenever you want, from wherever you are, using the payment method of your choosing. You also agree and understand that we are merely acting as an intermediary and are unable to participate in or exert any kind of control over any transactions made through the Site or a payment gateway made accessible to you by a third-party service provider. The sale of products on our site will therefore be exclusively a two-way transaction between you and the vendors there, and the processing of payments will take place between you, the service provider, and, in the case of prepayments with electronic cards, your issuer bank. Accordingly, the contract of payment on the Site shall be strictly a bipartite contract between you and the service provider as listed on our Site.
CONTINUED AVAILABILITY OF THE WEBSITE
AUTHORIZATION TO USE THE SITE
We ask that you confirm that you are at least 18 years old or that you are using the Site with the guidance of a parent or legal guardian to access the Site. By doing so, you affirm that you can enter into legally binding contracts. By the terms and conditions outlined below, we, therefore, give you a non-transferable, revocable, and non-exclusive license to access and use the Site solely for your shopping for goods and services that are advertised for sale on the Site.
Except as terms to ensure in advance by us, commercial use or usage on behalf of any third party is prohibited. If you are registering on behalf of a business entity, you guarantee that you can bind that entity to this User Agreement and that both you and the business entity will abide by all regulations governing online trade. No individual or business organization may register on the Site more than once. The license granted in this clause may be terminated immediately and without prior notice for any violation of these Terms and Conditions.
This website only makes informative content available. Product representations on this site, including prices, stock availability, features, add-ons, and other information, are the responsibility of the vendors who are showing them, and we cannot guarantee that they are entirely correct. Submissions or opinions made on this website are the sole responsibility of the person or people who made them and may not represent our views.
We grant you a limited license to access and make personal use of this Site, but not to download (excluding page caches) or modify the Site or any portion of it in any manner. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another seller; or any use of data mining, robots, or similar data gathering and extraction tools.
This Site or any portion of it (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed, or otherwise exploited for any commercial purpose without express written consent by us as may be applicable.
You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) without our express written consent. You may not use any Meta tags or any other text utilizing our name or trademark without our express written consent, as applicable. Any unauthorized use terminates the permission or license granted by us to you for access to the Site with no prior notice. You may not use our logo or other proprietary graphics or trademark as part of an external link for commercial or other purposes without our express written consent, as may be applicable.
You agree and undertake not to perform restricted activities listed within this section; undertaking these activities will result in the immediate cancellation of your account, services, reviews, orders, or any existing incomplete transaction with us, and severe cases may also result in a legal action:
Refusal to comply with the Terms and Conditions described herein or any other guidelines and policies related to the use of the Site as available on the Site at all times.
Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity.
Use the Site for illegal purposes.
Attempt to gain unauthorized access to or otherwise interfere or disrupt other computer systems or networks connected to the Platform or Services.
Interfere with another ’s utilization and enjoyment of the Site;
Post, promote, or transmit through the Site any prohibited materials as deemed illegal by The People’s Republic of Bangladesh.
Use or upload, in any way, any software or material that contains, or which you have reason to suspect contains, viruses, damaging components, malicious code, or harmful components which may impair or corrupt the Site ’s data or damage or interfere with the operation of another Customer ’s computer or mobile device or the Site and use the Site other than in conformance with the acceptable use policies of any connected computer networks, any applicable Internet standards, and any other applicable laws.
YOUR ACTIONS
SUBMISSION FROM YOU
All information you submit to the Site and/or give to us, such as reviews, questions, comments, and ideas (collectively, “Submissions”), becomes our sole and exclusive property and won’t be given back to you. You grant us the right to use your name in connection with any reviews, comments, or other content you post on the Site in addition to the rights applicable to any Submission when you post comments or reviews there.
You may not impersonate someone else, use a false email address, or otherwise attempt to conceal the source of any Submissions from us or other parties.
Without prior notification or taking any legal action, we may remove or edit any Submissions, but we are not required to.
CLAIMS AGAINST OBJECTIONABLE CONTENT
We list thousands of products for sale offered by numerous sellers on the Site and host multiple comments on listings, we can’t be aware of the contents of each product listed for sale, or each comment or review that is displayed.
Accordingly, we operate on a claim, review, and takedown basis. If you believe that any content on the Site is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred, or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of Bangladesh or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, ( objectionable content ), please notify us immediately by following by writing to us on support@swish.global.
We will make all practical endeavors to investigate and remove valid objectionable content complained about within a reasonable amount of time.
Please ensure to provide your name, address, contact information, and as many relevant details of the claim including the name of the objectionable content party, instances of objection, and proof of objection amongst others.
Please note that providing incomplete details will render your claim invalid and unusable for legal purposes.
CLAIMS AGAINST INFRINGING CONTENT
We respect the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please write to us at support@swish.global and we will make all reasonable efforts to address your concern within a reasonable amount of time. Please ensure to provide your name, address, contact information, and as many relevant details of the claim including the name of infringing party, instances of infringement, and proof of infringement amongst others.
Please note that providing incomplete details will render your claim invalid and unusable for legal purposes. In addition, providing false or misleading information may be considered a legal offense and may be followed by legal procedures.
We also respect a manufacturer’s ability to contract out exclusive resale or distribution rights for its goods. However, breaking such agreements is not considered an infringement of intellectual property rights. It would not be acceptable for us to aid in the enforcement of such activities since the execution of these agreements is an issue between the manufacturer, distributor, and/or relevant reseller. While we are unable to give legal advice or divulge any private information that is protected by the law, we do advise that any queries or concerns you may have about your rights be sent to a law professional.
TRADEMARKS AND COPYRIGHTS
DISCLAIMER
Insurance policy
You shall indemnify and hold harmless Swish as owned by Swish Singapore Private Limited, its subsidiaries, affiliates, and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorney’s fees, made by any third party or penalty imposed due to or arising out of your breach of these Terms and Conditions or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.
You hereby expressly release Swish as owned by Swish Singapore Private Limited and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability, or other consequence of any of the actions/inactions of the sellers or other service providers and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.
THIRD-PARTY BUSINESSES
The Site may be used by other parties besides Swish and its affiliates to run businesses, offer services, or sell product lines. Businesses and individuals, for instance, advertise things on the Marketplace. We also offer links to the online presence of some other corporations and affiliates. We are not in charge of looking into or reviewing any of these firms or people’s offers, much alone the information found on their websites. We do not accept any duty or liability for any of these third parties’ deeds, goods, or materials. You can identify when a third party is engaged in your transactions by carefully reading them, and we might give that third party access to customer information relating to those transactions.
HOW TO CONTACT US
You are communicating with us online when you use the Site or send emails to us. While placing an order with us, you must give a working phone number. We may contact you by phone, text message, email, publishing notices on the Site, or any other means we deem appropriate. For contractual purposes, you consent to receive communications (including transactional, promotional, and/or commercial messages), from us concerning your use of the website (and/or placement of your order) and agree to treat all modes of communication with the same importance.
LOSSES
We will not be responsible for any business or personal losses (including but not limited to loss of profits, revenue, contracts, anticipated savings, data, goodwill, or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the Site.
CONDITIONS OR MODIFICATIONS OF SERVICE AMENDMENTS AND RELATED PROMISE
EVENTS BEYOND OUR CONTROL
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
WAIVER
You acknowledge and recognize that we are a private commercial enterprise and reserve the right to conduct business to achieve our objectives in a manner we deem fit. You also acknowledge that if you breach the conditions stated on our Site and we take no action, we are still entitled to use our rights and remedies in any other situation where you breach these conditions.
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 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 shall not be liable to you or any other person as a result of any such suspension or termination.
If you are dissatisfied with the Site or with any terms, conditions, rules, policies, guidelines, or practices in operating the Site, your sole, and exclusive remedy is to discontinue using the Site.
GOVERNING LAW AND JURISDICTION
These terms and conditions are governed by and constructed by 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.
Here is how to contact us
You can Contact Us here.
OUR SOFTWARE
Our software includes any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with the Site (the Software).
You may use the Software solely for purposes of enabling you to use and enjoy our services as permitted by the Terms and Conditions and any related applicable terms as available on the Site.
You may not incorporate any portion of the Software into your programs or compile any portion of it in combination with your programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Software or otherwise assign any rights to the Software in whole or in part.
You may not use the Software for any illegal purpose. We may cease providing you service and we may terminate your right to use the Software at any time. Your rights to use the Software will automatically terminate without notice from us if you fail to comply with any of the Terms and Conditions listed here or across the Site.
Additional third-party terms contained within the Site or distributed as such that are specifically identified in related documentation may apply and will govern the use of such software in the event of a conflict with these Terms and Conditions. All software used in any of our services is our property and/or our affiliates or its software suppliers and is protected by the laws of Bangladesh including but not limited to any other applicable copyright laws.
When you use the Site, you may also use the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third-party services may be subject to separate policies, terms of use, and fees of these third parties.
You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with our software whether in whole or in part or create any derivative works from or of the Software.
To keep the Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.
THE TERMS OF THE SALE (BETWEEN SELLERS AND CUSTOMERS)
Before ordering any products from the Sellers on the Site, please carefully read these terms. Your approval of these terms indicates that you agree to be bound by them.
CONDITIONS RELATED TO THE SALE OF THE PRODUCT OR SERVICE
This section deals with conditions relating to the sale of products or services on the Site.
THE CONTRACT
RETURNS
Please review our Returns Policy
ORDER PROCESSING, AVAILABILITY, AND PRICING
All prices listed in Bangladeshi Taka (BDT) are inclusive of VAT and are listed on the Site by the seller that is selling the product or service. Items in your Shopping Cart will always reflect the most recent price displayed on the item’s product detail page.
Please note that this price may differ from the price shown for the item when you first placed it in your cart. Placing an item in your cart does not reserve the price shown at that time. It is also possible that an item’s price may decrease between the time you place it in your basket and the time you purchase it.
We do not offer price matching for any items sold by any seller on our Site or other websites. Also, we don’t provide any discount.
We are determined to provide the most accurate pricing information on the Site to our users; however, errors may still occur, such as cases when the price of an item is not displayed correctly on the Site.
As such, we reserve the right to refuse or cancel any order. If an item is mispriced, we may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your prepayment processed.
If such a cancellation occurs on your prepaid order, our policies for refund will apply. Please note that Swish possesses 100% right to the refund amount. Usually, the refund amount is calculated based on the customer paid price after deducting any sort of discount and shipping fee.
We list availability information for products listed on the Site, including on each product information page. Beyond what we say on that page or otherwise on the Site.
We cannot be more specific about availability. Please note that dispatch estimates are like that. They are not guaranteed dispatch times and should not be relied upon as such. As we process your order, you will be informed by e-mail or SMS if any products you order turn out to be unavailable.
Please note that there are cases when an order cannot be processed for various reasons. The Site reserves the right to refuse or cancel any order for any reason at any given time. You may be asked to provide additional verifications or information, including but not limited to phone number and address before we accept the order. To avoid any fraud with credit or debit cards, we reserve the right to obtain validation of your payment details before providing you with the product and to verify the personal information you shared with us. This verification can take the shape of an identity, place of residence, or banking information check. The absence of an answer following such an inquiry will automatically cause the cancellation of the order within a reasonable timeline. We reserve the right to proceed to direct cancellation of an order for which we suspect a risk of fraudulent use of banking instruments or other reasons without prior notice or any subsequent legal liability.
Refund Voucher
 Promotional Vouchers
Reward Vouchers
Promotional Items
Security and Fraud
RESELLING SWISH PRODUCTS
Reselling Swish products for business purposes is strictly prohibited. If any unauthorized personnel is found committing the above act, legal action may be taken against him/her.
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 all applicable taxes as per prevailing law.
REPRESENTATIONS AND WARRANTIES
OTHERS
Stock availability: The orders are subject to the availability of stock.
Delivery Timeline: The delivery might take longer than the usual timeframe/line to be followed by Swish. Delivery might be delayed due to force majeure events which include, but are not limited to, political unrest, political events, national/public holidays, etc.
Cancellation: Swish retains the unqualified right to cancel any order at its sole discretion before dispatch and for any reason which may include, but is not limited to, the product being mispriced, out of stock, expired, defective, malfunctioned, and containing incorrect information or description arising out of technical or typographical error or for any other reason.
Refund Timeline: If any order is canceled, the payment against such order shall be refunded within 7 to 15 working days, but it may take longer time in exceptional cases. Provided that the received cashback amount, if any, will be adjusted with the refund amount.
You confirm that the product(s) or service(s) ordered by you are purchased for your internal/personal consumption and not for commercial resale. You authorize us to declare and provide a declaration to any governmental authority on your behalf stating the aforesaid purpose for your orders on the Site.
The Seller or the Site may cancel an order wherein the quantities exceed the typical individual consumption. This applies both to the number of products ordered within a single order and the placing of several orders for the same product where the individual orders comprise a quantity that exceeds the typical individual consumption. What comprises a typical individual’s consumption quantity limit shall be based on various factors and at the sole discretion of the Seller or ours and may vary from individual to individual.
You may cancel your order at no cost any time before the item is dispatched to you.
Please note that we sell products only in quantities that correspond to the typical needs of an average household. This applies both to the number of products ordered within a single order and the placing of several orders for the same product where the individual orders comprise a quantity typical for a normal household. Please review our Refund Policy here.