TERMS AND CONDITIONS

These Terms and Conditions (“Terms”) govern the use of the Unipoint Platform (as defined below). Please read these Terms carefully. By executing the Registration Form or using the Unipoint Platform, You (as defined below) acknowledge that You understand and agree to be bound by these Terms. If You do not agree to these Terms, do not use the Unipoint Platform. Unipoint Group (the “Unipoint Group”) reserves the right to modify these Terms at any time with or without prior notice, and any changes made will become effective immediately upon posting of the revised Terms. Unipoint Group shall have the right to suspend or terminate the operation, in whole or in part, of the Unipoint Platform for whatever reason. All Unipoint Credits earned prior to the termination and rewards offered by the Unipoint Group may be cancelled at the sole option of Unipoint Group. In the event of any suspension or termination of the Unipoint Platform, You agree to hold Unipoint Group free and harmless from any claim, damage, loss, expense, suit or liability whatsoever, arising from such suspension or termination.

1. Definitions and Interpretations

1.1. Unless otherwise defined herein, capitalized terms shall have the following meanings: Business Days refers to any day when commercial banks are open for business in Metro Dhaka, except Friday or Saturday or any legal holiday not falling on either a Friday or Saturday. Email Confirmation refers to an electronic mail sent to Your email address that evidences the earning or redemption of Unipoint Credits by You. It may contain relevant data such as approval code, slip number, and transaction certificate number, among others, for approved Unipoint Transactions, or an error message, as the case may be. Mobile Application Confirmation refers to a notification displayed on the Mobile Application that evidences the earning or redemption of Unipoint Credits by You at any of our merchants’ shops. It may contain relevant data such as approval code, slip number, and transaction certificate number, among others, for approved Unipoint Transactions, or an error message, as the case may be. Registration Form shall mean the electronic application form which shall be executed by an end-user to be eligible to use the Unipoint Platform and its functionalities. Short Message Service or SMS refers to a communication protocol allowing the interchange of short text messages between mobile phone devices. SMS Confirmation refers to an SMS sent to Your mobile number that evidences the earning or redemption of Unipoint Credits by You. It may contain relevant data such as approval code, slip number, and transaction certificate number, among others, for approved Unipoint Transactions, or an error message, as the case may be. Terms refer to these Terms and Conditions, as amended from time to time. You refers to an individual or entity that executes the Registration Form or uses the Unipoint Platform. Unipoint Account refers to the account designated by the Unipoint Group for each Unipoint User to which Unipoint Credits may be stored and redeemed on the Unipoint Platform. Unipoint Credit refers to credit or reward points that are honored on the Unipoint Platform. Unipoint ID refers to any Unipoint application installed on a Unipoint User’s smartphone, or the Unipoint User’s mobile number duly registered on the Unipoint Platform. It is used to identify the Unipoint User and interact with our operating system. Unipoint Merchant refers to any business establishment duly licensed to do business and accredited by Unipoint Group to honor Unipoint Credits for use within the Unipoint Platform. Unipoint Platform refers to the Unipoint system owned and operated by Unipoint Group wherein Unipoint Users can earn and avail of credits and rewards from Unipoint Merchants. This includes, but is not limited to, physical in-store hardware, Unipoint IDs, Unipoint Accounts, Unipoint Credits, online information system, Mobile Application and marketing communications system used in connection with the Unipoint Platform. Unipoint Transaction Confirmation refers to any or all of the Mobile Application Confirmation, SMS Confirmation and/or Email Confirmation. Unipoint Transaction refers to a transaction between a Unipoint User and Unipoint Merchant that is honored on the Unipoint Platform. Unipoint User refers to You and other users of the Unipoint Platform. Unipoint Group refers to Unipoint Group, a company duly organized and existing under the laws of Bangladesh, owner and operator of the Unipoint Platform, including any of its agents or representatives.

1.2. Unless the context otherwise requires, words importing a gender include every gender and words imputing the singular include the plural and vice versa. Words denoting persons shall include individuals, corporations, partnerships, joint ventures, trusts, unincorporated organizations and any political subdivision, agency or instrumentality.

2. Eligibility and Participation

2.1. Any interested person may apply for a Unipoint ID by executing the necessary Registration Form:
(a) through the Unipoint Group website;
(b) through Mobile Application; or

2.2. When accomplishing the Registration Form, an applicant should indicate his complete name as appearing in any government-issued identification card.

2.3. Any person at least seven years of age not suffering from any legal disability other than minority may register as a Unipoint User.

3. Earning of Unipoint Credits

3.1. You must provide Your Unipoint ID to the Unipoint Merchant before paying for any goods and/or services.

3.2. For every eligible Unipoint Transaction, You shall earn the corresponding Unipoint Credits based on the total price paid to the Unipoint Merchant and the amount of rebate or “cash-back” agreed with such merchant. The total amount of Unipoint Credits earned from each Unipoint Transaction will be reflected in the Unipoint Transaction Confirmation.

3.3. Unipoint Group reserves the right to add or deduct credits from Your Unipoint Account, following reconciliation of data from the Unipoint Merchants and other sources or other justifiable reason based solely on its discretion.

3.4. Unipoint Credits accrued to Your Unipoint Account shall not be considered as cash or cash substitutes. Unipoint Credits have no cash or monetary value and cannot be exchanged for or withdrawn in cash.

3.5. Earned Unipoint Credits are not transferable to any person or entity and cannot be transferred to any other Unipoint Account.

3.6. Unipoint Credits cannot be earned when purchasing promotional items, items already on sale with Unipoint Merchants, or when availing of other discounts and promotions.

4. Purchasing of Unipoint Credits

4.1. You may purchase Unipoint Credits by following the steps described in Unipoint Group’s website (www.unipoint.com.bd) or by using Unipoint Group’s mobile application.

4.2. Once the purchase of Unipoint Credits has been completed and finalized in the manner above-described, the purchase can no longer be cancelled and You shall not be entitled to any refund.

4.3. Unipoint has the right to cancel and reverse any purchase of Unipoint Credits when it has reason to believe that such purchase was made fraudulently or in violation of these Terms and conditions.

5. Redemption of Unipoint Credits

5.1. You must provide Your Unipoint ID to the Unipoint Merchant before redeeming any of Your earned Unipoint Credits.

5.2. Redemption of Unipoint Credits constitutes an exchange of earned Unipoint Credits with the equivalent value of goods and/or services from the Unipoint Merchant. Unipoint Credits may only be redeemed at Unipoint Merchants.

5.3. Once a valid redemption of the Unipoint Credits has been made, as confirmed by a Unipoint Transaction Confirmation, the same cannot be cancelled, revoked or changed unless otherwise provided by these Terms.

5.4. Unipoint Credits cannot be redeemed in conjunction with other discounts and promotions.

6. Disputes and Erroneous Transactions

6.1. The details in a Unipoint Transaction Confirmation are presumed to be true and correct unless You notify Unipoint Group in writing of any disputes thereon within seven days from the date of the relevant Unipoint Transaction. If no dispute is reported in writing within such period, the details in a Unipoint Transaction Confirmation are considered conclusively true and correct.

6.2. Disputed transactions shall only be credited back to the Your Unipoint Account once Unipoint Group is reasonably satisfied that the claim or dispute has been properly processed, investigated and proven in Your favor.

6.3. Notwithstanding the foregoing, there shall be no reversal of Unipoint Transactions made through Your error, mistake or negligence.

7. Validity of Unipoint Credits

7.1. Unipoint Credits will be invalid if there is no point transaction for the last 1 year.

8. Responsibility over Your Unipoint ID

8.1. You shall be responsible for the security of Your Unipoint ID. All transactions made using your Unipoint ID are conclusively presumed to be made by You and You shall be liable therefor.

8.2. The proper care of Your Unipoint ID, as well as the confidentiality thereof shall be Your sole responsibility. In case of loss of Your Unipoint ID, You shall immediately inform Unipoint Group of such loss within 24 hours by sending an email to info@unipoint.com.bd. All Unipoint Transactions made prior to the report of loss shall continue to be Your liability.

9. Unipoint Account Limit

9.1. Your Unipoint Account has a maximum storage limit of 10,000 Unipoint Credits. Any Unipoint Credits earned above this limit will not be recorded and will be forfeited by You. Unipoint Group reserves the right to increase or decrease this amount as it sees fit without prior notice to You.

10. Dormant Unipoint Account

10.1. Your Unipoint Account will be considered dormant if You do not have any Unipoint Transactions, Unipoint Credit redemptions, or web or mobile logins over a 24-month period. Unipoint Credits in dormant accounts shall be forfeited and the account deleted from the Unipoint Platform.

11. Suspension and Cancellation

11.1. Unipoint Group shall have the right to automatically suspend or bar Your Unipoint ID if it has reason to believe that Your Unipoint ID was or may be used for fraudulent or suspicious transactions or by an unauthorized person, subject to its sole discretion.

11.2. Unipoint Group shall have the right to temporarily or permanently suspend Your Unipoint ID due to any failure to comply with these Terms, other relevant laws and government regulations or any other unauthorized use of the Unipoint Platform or any part thereof, subject to its sole discretion.

11.3. Unipoint Group reserves the right to forfeit or cancel Unipoint Credits in Your Unipoint Account in case of fraud or abuse relating to the use of Your Unipoint ID and/or accrual of Unipoint Credits, subject to its sole discretion.

11.4. You acknowledge the authority of Unipoint Group to suspend or bar You Unipoint ID and/or forfeit or cancel earned Unipoint Credits and accordingly, You agree to hold Unipoint Group free and harmless against any and all consequences of such suspension, barring, forfeiture or cancellation, or any loss or damage which You may suffer as a result thereof. You accept that Unipoint Group may, but shall not have the obligation to, inform You prior to taking action pursuant to this clause.

12. Exclusions from Liability

12.1. Your Unipoint ID is only valid for the purposes of recording valid and eligible Unipoint Transactions with Unipoint Merchants. Unipoint Group shall not be liable in case Your Unipoint ID is used for other purposes.

12.2. Unipoint Group makes no warranty, express or implied, regarding the Unipoint Platform and its functionalities. The use of the Unipoint Platform is offered on as “AS IS”, “AS AVAILABLE” basis without warranties of any kind, other than warranties that are incapable of exclusion, waiver or limitation under the laws applicable to these Terms. Without limiting the foregoing, Unipoint Group makes no warranty (1) as to the content, quality, or accuracy of data or information provided by Unipoint Group hereunder or received or transmitted using the Unipoint Platform; (2) as to any service or product obtained using the Unipoint Platform; (3) that the Unipoint Platform will be uninterrupted or error-free; or (4) that any particular result or information will be obtained.

12.3. Unipoint Group shall not be liable for any undelivered goods or services, defects, damages and after-sales services offered or provided by Unipoint Merchants. Unipoint Group does not give any warranty whatsoever in connection with the goods or services of the Unipoint Merchants.

12.4. Unipoint Group shall not be liable to You or any third party for any loss, compensation, damage (whether direct, indirect, consequential including loss of profit) or liability, arising, directly or indirectly, from or as a result of:
(a) the refusal of a Unipoint Merchant or any establishment to issue, accept or honor Unipoint Credits;
(b) the failure of a Unipoint Transaction to be completed or honored by a Unipoint Merchant for whatever reason whatsoever including damage or malfunction of the Mobile Application or if the Mobile Application is offline or unavailable;
(c) You are unable to complete a Unipoint transaction due to unavailability of the Unipoint Platform for whatever reason;
(d) any delay, interruption or termination of a Unipoint Transaction whether caused by administrative error, technical, mechanical, electrical or electrical fault or difficulty or any other reason whatsoever beyond the control of Unipoint Group, including but not limited to acts of God, fire, flood, lighting, weather conditions, labor disputes, disturbance, action of government, interference or damage by third parties or any change in legislation;
(e) the unauthorized, illegal or fraudulent use or acquisition of a Unipoint ID, Unipoint Account or Unipoint Credits; or (f) any misrepresentation or fraud by or misconduct of any third party.

12.5. Subject to the dispute procedure under these Terms, Unipoint Group and the Unipoint Merchants shall not be liable for Unipoint Credits not recorded in Your account for whatever reason, including but not limited to, malfunction of the Mobile Application or force majeure beyond the control of all parties concerned.

13. Limitation of Liability

13.1. In the event of that a claim is made or an action filed by You against Unipoint Group, any of its directors, officers or agents, the aggregate liability of Unipoint Group, its directors, officers or agents shall not in any event exceed BDT 1000/- or the amount of damages suffered by You, whichever is lower.

14. Free and Harmless

14.1. You agree to hold Unipoint Group, its officials and employees, free and harmless from any liability to any third party, and to indemnify Unipoint Group against all liability, damages, losses, claims, costs and expenses, penalties and taxes, including legal costs, incurred in connection with Your use of the Unipoint Platform. You further agree that Unipoint Group shall not be held liable for any loss or damage resulting from any and all errors unintentionally committed, any computer software or hardware errors (including computer viruses) resulting in the failure to complete a transaction. Neither shall Unipoint Group be held liable for any loss or damage caused by any act or omission of any third party, such as a provider of telecommunication services, internet service provider, or for any circumstances beyond Unipoint Group’s control such as severe weather, flood, earthquake or other natural disasters, fire, war, strike, acts of civil or military authority, equipment failure, interruption or failure of electricity and communication facilities.

15. Data Collection

15.1. You authorize Unipoint Group to collect any information obtained by Unipoint Group in relation to Your use of the Unipoint Platform. Such information may include Your demographic, behavior, location or photo. You hereby irrevocably and unconditionally agree that Unipoint Group may use, process, disclose, transfer or otherwise deal with all such information in whatever manner and for whatever purpose as Unipoint Group may deem fit and proper, without further notice to You.

16. Discretion and Use

16.1. Without giving reason or notice, and without prejudice to other provisions of these Terms, Unipoint Group has the absolute discretion (a) to refuse to approve any Unipoint Transaction even if there is sufficient available Unipoint Credits; (b) to suspend, terminate or cancel Your right to use the Unipoint Platform and/or its functionalities; (c) to impose, increase or decrease Unipoint Transaction limits; and/or (d) to introduce, amend, vary, restrict, terminate or withdraw the benefits, services and privileges with respect to or in connection with the Unipoint Platform and its functionalities, whether specifically relating to You or generally to all or specific Unipoint Users. You agree to hold Unipoint Group free and harmless from any claim, damage, loss, expense, suit or liability whatsoever, arising from its exercise of its rights under this clause.

16.2. The use of the Unipoint Platform and the accrual and redemption of Unipoint Credits are intended solely for the purpose of tracking and rewarding patronage of accredited Unipoint Merchants. Earning and accumulation of Unipoint Credits for the purpose of allowing You to exchange the same for the value of goods and services are purely discretionary on the part of Unipoint Group. Unipoint Group shall not have any obligation to You in so far as the use of the Unipoint Platform and Unipoint Credits are concerned. Unipoint Group shall not be deemed the supplier of the goods and/or services purchased by You from the Unipoint Merchants using the Unipoint Credits.

17. Fees

17.1. You agree to pay such fees and charges related to Your Unipoint Account and Unipoint ID and their use, as may be imposed by Unipoint Group. Fees and other charges, shall be inclusive of all applicable Bangladesh taxes and shall be debited from Your Unipoint Account or paid up front.

18. Promotional Messages

18.1. Unless You expressly notify Unipoint Group otherwise, You agree to receive promotional messages either by email, SMS, Mobile Application or other communication channels from Unipoint Group, including its agents and assigns, which communication and promotional messages may be based on the Your location and other information.

19. Non-Waiver of Rights

19.1. Failure, omission or delay on the part of Unipoint Group to exercise its rights or remedies under these Terms shall not operate as a waiver of rights.

20. Separability

20.1. If any clause or part of a clause of these Terms shall be, or be found by any authority or court of competent jurisdiction to be, invalid or unenforceable, such invalidity or unenforceability shall not affect the other clauses or parts of such clauses of these Terms, all of which shall remain in full force and effect.

21. Governing Law and Venue

21.1. These Terms shall be governed by the laws of the People’s Republic of Bangladesh. In the event of any suit arising from or in connection with these Terms, the appropriate court in Dhaka City shall have exclusive jurisdiction over the case to the exclusion of all other courts.