SHEBA.XYZ Terms of Use

This Terms of Use agreement was last updated: September 2017 and This Terms of Use agreement is effective as of: December 01, 2015.

A. Acceptance of Terms


PLEASE READ THE TERMS OF USE THOROUGHLY AND CAREFULLY. The terms and conditions set forth below ("Terms of Use") and the Privacy Policy (as defined below) constitute a legally-binding agreement between Sheba.xyz operating from its Dhaka Corporate Office and you. These Terms of Use contain provisions that define your limits, legal rights and obligations with respect to your use of and participation in (i) the Sheba.xyz website and mobile application, including the classified advertisements, forums, various email functions and Internet links, and all content and Sheba.xyz services available through the domain and sub-domains of Sheba.xyz located at www.sheba.xyz or Its Mobile Apps(collectively referred to herein as the "Product"), and (ii) the online transactions between those users of the Product who are offering services (each, a "SERVICE PROVIDER") and those users of the Product who are obtaining services (each, a "SERVICE USER") through the Product (such services, collectively, the "Services"). The Terms of Use described below incorporate the Privacy Policy and apply to all users of the Website, including users who are also contributors of video content, information, private and public messages, advertisements, and other materials or Services on the Product.

The Products are owned and operated by SHEBA Platform Limited

You acknowledge that the Product serves as a marketPlace for the online distribution and publication of user submitted information between SERVICE PROVIDERs and SERVICE USERs, and, by using, visiting, registering for, and/or otherwise participating in this Website/Mobile Apps, Ordering service through Contact Center, Website, Apps including the Services presented, promoted, and displayed on the Website, Providing any service which request comes through Website, Apps, CC and/or by clicking on "I have read and agree to the terms of use," you hereby certify that: (1) you are either a SERVICE PROVIDER or a prospective SERVICE USER, (2) you have the authority to enter into these Terms of Use, (3) you authorize the transfer of payment for Services requested through the use of the Product, and (4) you agree to be bound by all terms and conditions of these Terms of Use and any other documents incorporated by reference herein. If you do not so agree to the foregoing, you should not click to affirm your acceptance thereof, in which case you are prohibited from accessing or using the Website. If you do not agree to any of the provisions set forth in the Terms of Use, kindly discontinue viewing or participating in this Website immediately.

YOU SPECIFICALLY AGREE THAT BY USING THE PRODUCT, YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE COMPETENT UNDER LAW TO ENTER INTO A LEGALLY BINDING AND ENFORCEABLE CONTRACT.

All references to "you" or "your," as applicable, mean the person that accesses, uses, and/or participates in the Website in any manner. If you use the Website or open an Account (as defined below) on behalf of a business, you represent and warrant that you have the authority to bind that business and your acceptance of the Terms of Use will be deemed an acceptance by that business and "you" and "your" herein shall refer to that business.

1. MODIFICATIONS TO TERMS OF USE AND/OR PRIVACY POLICY

Sheba.xyz reserves the right, in its sole discretion, to change, modify, or otherwise amend the Terms of Use, and any other documents incorporated by reference herein for complying with legal and regulatory framework and for other legitimate business purposes, at any time, and Sheba.xyz will post the amended Terms of Use at the domain of www.sheba.xyz/terms-and-condition. It is your responsibility to review the Terms of Use for any changes and you are encouraged to check the Terms of Use frequently. Your use of the Product following any amendment of the Terms of Use will signify your assent to and acceptance of any revised Terms of Use. If you do not agree to abide by these or any future Terms of Use, please do not use or access the Product.

2.PRIVACY POLICY

Sheba.xyz has established a Privacy Policy that explains to users how their information is collected and used. The Privacy Policy is referenced above and hereby incorporated into the Terms of Use set forth herein. Your use of this Product is governed by the Privacy Policy.

B. Membership and Accessibility


1. LICENSE TO ACCESS

SSheba.xyz hereby grants you a non-exclusive, revocable license to use the Website, Apps or its product as set forth in the Terms of Use; provided, however, that (i) you will not copy, distribute, or make derivative works of the Website, Apps or its product in any medium without Sheba.xyz's prior written consent; (ii) you will not alter or modify any part of the Website, Apps or its product other than as may be reasonably necessary to use the Website, Apps or its product for its intended purposes; and (iii) you will otherwise act in accordance with the terms and conditions of the Terms of Use and in accordance with all applicable laws.

2. MEMBERSHIP ELIGIBILITY CRITERIA

Use of the Website is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. You represent, acknowledge and agree that you are at least 18 years of age, and that: (a) all registration information that you submit is truthful and accurate, (b) you will maintain the accuracy of such information, and (c) your use of the Website, Apps and Services offered through this Website, Apps do not violate any applicable law or regulation. Your Account (defined below) may be terminated without warning if we at our discretion, believe that you are under the age of 18 or that you are not complying with any applicable laws, rules or regulations.

You need not register with Sheba.xyz to simply visit and view the Product, but to access and participate in certain features of the Product, you will need to create a password-protected account ("Account"). To create an account for your business, you must submit your Name, Father’s Name, Company Name, Trade License, Company Owner’s Name, Mobile Number, NID, Pic, email address, Present & Permanent Address, Company bank Info, Company Logo, Company resource’s Name, NID, PIC, Email Address, Mobile Number, Present & Permanent Address and others mandatory information through the account registration page on the Website and create a password. You will also have the ability to provide additional optional information, which is also required to register for an account which will be helpful to Sheba.xyz in providing you with a more customized experience when using the Product. In some cases, your account might be created by us upon your verbal request to SHEBA.XYZ.

You are solely responsible for safeguarding your Sheba.xyz password and, if applicable, your Third-Party Site Password (collectively, "Passwords") at all times and shall keep your Passwords secure at all times. You shall be solely responsible for all activity that occurs on your Account and you shall notify Sheba.xyz immediately of any breach of security or any unauthorized use of your Account. Similarly, you shall never use another's Account without Sheba.xyz’s permission. You agree that you will not misrepresent yourself or represent yourself as another user of the Product and/or the Services offered through the Product.

You hereby expressly acknowledge and agree that you yourself and not Sheba.xyz will be liable for your losses, damages etc. (whether direct or indirect) caused by an unauthorized use of your Account. Notwithstanding the foregoing, you may be liable for the losses of Sheba.xyz or others due to such unauthorized use.

An Account holder is sometimes referred to herein as a "Registered Service Provider or Verified Service Provider."

You acknowledge and agree that you shall comply with the following policies (the "Account Policies"):

  • You will not copy or distribute any part of the Website, Apps or its product in any medium without Sheba.xyz's prior written authorization.
  • You will not alter or modify any part of the Website, Apps or its product other than as may be reasonably necessary to use the Website, Apps or its product for its intended purpose.
  • You will provide true, accurate, current and complete information when creating your Account and you shall maintain and update such information during the term of this Agreement so that it will remain accurate, true, current and complete.
  • You shall not use any automated system, including but not limited to, "robots," "spiders," "offline readers," "scrapers," etc., to access the Website for any purpose without Sheba.xyz's prior written approval.
  • You shall not in any manual or automated manner collect SERVICE PROVIDERs or SERVICE USERs information, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise misuse or misappropriate Website information or content, including but not limited to, use on a "mirrored", competitive, or third party site.
  • You shall not in any way that transmits more request messages to the Sheba.xyz servers, or any server of a Sheba.xyz subsidiary or affiliate, in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser; provided, however, that the operators of public search engines may use spiders or robots to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material. Sheba.xyz reserves the right to revoke these exceptions either generally or in specific cases.
  • You shall not recruit, solicit, or contact in any form SERVICE PROVIDERs or SERVICE USERs for employment or contracting for a business not affiliated with Sheba.xyz without express written permission from Sheba.xyz.
  • You shall not take any action that (i) unreasonably encumbers or, in sheba.xyz's sole discretion, may unreasonably encumber the Website's infrastructure; (ii) interferes or attempts to interfere with the proper working of the Website or any third-party participation in the Website; or (iii) bypasses sheba.xyz's measures that are used to prevent or restrict access to the Website.
  • You agree not to collect or harvest any personally identifiable data, including without limitation, names or other Account information, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes.

3. ADDITIONAL POLICIES

Your access to, use of, and participation in the Website is subject to the Terms of Use and all applicable Sheba.xyz regulations, guidelines and additional policies that Sheba.xyz may set forth from time to time, including without limitation, a copyright policy and any other restrictions or limitations that Sheba.xyz publishes on the Website (the "Additional Policies"). You hereby agree to comply with the Additional Policies and your obligations thereunder at all times. You hereby acknowledge and agree that if you fail to adhere to any of the terms and conditions of this Agreement or documents referenced herein, including the Account Policies, membership eligibility criteria or Additional Policies, Sheba.xyz, in its sole discretion, may terminate your Account at any time without prior notice to you as well as initiate appropriate legal proceedings, if necessary.

C. Member Conduct


1. PROHIBITIONS ON SUBMITTED CONTENT

You shall not upload, post, transmit, transfer, disseminate, distribute, or facilitate distribution of any content, including text, images, video, sound, data, information, or software, to any part of the Website, Apps or its product, including your profile ("Profile"), the posting of your Service ("Offer"), or the posting of any opinions or reviews in connection with the Website, the Service, the SERVICE PROVIDER, ("Feedback") (all of the foregoing content is sometimes collectively referred to herein as "Submitted Content" and the posting of Submitted Content is sometimes referred to as a "Posting" or as "Postings") that:

  • misrepresents the source of anything you post, including impersonation of another individual or entity or any false or inaccurate biographical information for any SERVICE PROVIDERs; provides or create links to external sites that violate the Terms of Use; is intended to harm or exploit any individual under the age of 18 ("Minor") in any way; is designed to solicit, or collect personally identifiable information of any Minor, including, but not limited to, name, email address, home address, phone number, or the name of his or her school;
  • invades anyone's privacy by attempting to harvest, collect, store, or publish private or personally identifiable information, such as names, email addresses, phone numbers, passwords, account information, credit card numbers, home addresses, or other contact information without their knowledge and willing consent;
  • contains falsehoods or misrepresentations that could damage Sheba.xyz or any third party;
  • is pornographic, harassing, hateful, illegal, obscene, defamatory, libelous, slanderous, threatening, discriminatory, racially, culturally or ethnically offensive; incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism, or gratuitous violence; encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; promotes racism, hatred or physical harm of any kind against any group or individual; contains nudity, violence or inappropriate subject matter; or is otherwise inappropriate;
  • is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material and to grant Sheba.xyz all of the license rights granted herein;
  • contains or promotes an illegal or unauthorized copy of another person's copyrighted work, such as pirated computer programs or links to them, information to circumvent manufacture installed copy-protection devices, pirated music or links to pirated music files, or lyrics, guitar tabs or sheet music, works of art, teaching tools, or any other item the copy, display, use, performance, or distribution of which infringes on another's copyright, intellectual property right, or any other proprietary right;
  • is intended to threaten, stalk, defame, defraud, degrade, victimize, or intimidate an individual or group of individuals for any reason on the basis of age, gender, disability, ethnicity, sexual orientation, race, or religion; or to incite or encourage anyone else to do so;
  • intends to harm or disrupt another user's computer or would allow others to illegally access software or bypass security on websites or servers, including but not limited, to spamming; impersonates, uses the identity of, or attempts to impersonate a Sheba.xyz employee, agent, manager, host, another user, or any other person though any means;
  • advertises or solicits a business not related to or appropriate for the Website (as determined by Sheba.xyz in its sole discretion);
  • contains or could be considered "junk mail", "spam", "chain letters", "pyramid schemes", "affiliate marketing", or unsolicited commercial advertisement;
  • contains advertising for ponzi schemes, discount cards, credit counseling, online surveys or online contests;
  • distributes or contains viruses or any other technologies that may harm Sheba.xyz, or the interests or property of Sheba.xyz users;
  • contains links to commercial services or websites, except as allowed pursuant to the Terms of Use;is non-local or irrelevant content;
  • contains identical content to other open Postings you have already posted; or uses any form of automated device or computer program that enables the submission of Postings without the express written consent of Sheba.xyz

2. PROHIBITIONS ON SENDING MESSAGES

You will not send messages to other users containing:

  • offers to make national or international money transfers for amounts exceeding the asking price of a service, with intent to request a refund of any portion of the payment OR
  • unsolicited advertising or marketing of a service not offered on the Website or an external website.

3. NO DISCRIMINATION

1. Discriminatory Postings. Bangladesh laws prohibit any preference, limitation or discrimination based on race, color, religion, sex, national origin, age, handicap or other protected class. sheba.xyz will not knowingly accept any Posting which is in violation of the law. Sheba.xyz has the right, in its sole discretion and without prior notice to you; to immediately remove any posting that discriminates or is any way in violation of any law.

2. PROHIBITIONS WITH RESPECT TO SERVICES

While using the Website, you shall not:

  • post content or items in any inappropriate category or areas on the Website;
  • violate any laws, third-party rights, Account Policies, or any provision of the Terms of Use,such as the prohibitions described above;
  • fail to perform Services purchased from you, unless the SERVICE USER fails to materially meet the terms of the mutually agreed upon agreement for the Services, refuses to pay, a clear typographical error is made, or you cannot authenticate the SERVICE USER's identity; manipulate the price of any Service or interfere with other users' Postings;
  • circumvent or manipulate our fee structure, the billing process, or fees owed to Sheba.xyz; post false, inaccurate, misleading, defamatory, or libellous content (including personal information about any Website user);
  • take any action that may undermine the Feedback or ratings systems (such as displaying, importing or exporting Feedback information off of the Website or using it for purposes unrelated to the Website);

3. FEEDBACK

As a participant in the Website, you agree to use careful, prudent, and good judgment when leaving Feedback for another user. The following actions constitute inappropriate uses of Feedback: (a) threatening to leave negative or impartial Feedback for another user unless that user provides services not included in the original Posting or not agreed to as part of the Service to be provided; (b) leaving Feedback in order to make the SERVICE PROVIDER or SERVICE USER appear better than he or she actually is or was; and (c) including conditions in an Offer or Want that restrict a SERVICE PROVIDER or a SERVICE USER from leaving Feedback.

1. Sanctions for Inappropriate Use of Feedback. If you violate any of the above-referenced rules in connection with leaving Feedback, Sheba.xyz, in its sole discretion, may take any of the following actions: (i) cancel your Feedback or any of your Postings; (ii) limit your Account privileges; (iii) suspend your Account; and/or (iv) decrease your status earned via the Feedback page.

2. Reporting Inappropriate Use of Feedback. You may contact Sheba.xyz regarding any inappropriate use of Feedback via-email at info@sheba.xyz

3. Resolving Disputes in Connection with Feedback. In the event of any dispute between users of the Website concerning Feedback, Sheba.xyz shall be the final arbiter of such dispute. Further, IN THE EVENT OF ANY DISPUTE BETWEEN USERS OF THE WEBSITE CONCERNING FEEDBACK, SHEBA.XYZ HAS THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO REMOVE SUCH FEEDBACK OR TAKE ANY ACTION IT DEEMS REASONABLE WITHOUT INCURRING ANY LIABILITY THEREFROM.

The foregoing lists of prohibitions provide examples and are not complete or exclusive. Sheba.xyz reserves the right to (a) terminate your access to your Account, your ability to post to this Website (or the Services) and (b) refuse, delete or remove, move or edit the content, in whole or in part, of any Postings; with or without cause and with or without notice, for any reason or no reason, or for any action that Sheba.xyz determines is inappropriate or disruptive to this Website or to any other user of this Website and/or Services. Sheba.xyz reserves the right to restrict the number of e-mails or other messages that you are allowed to send to other users to a number that Sheba.xyz deems appropriate in Sheba.xyz's sole discretion. Sheba.xyz may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Sheba.xyz's discretion, Sheba.xyz will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Website or on the Internet Sheba.xyz does not and cannot review every Posting posted to the Website. These prohibitions do not require Sheba.xyz to monitor, police or remove any Postings or other information submitted by you or any other user.

D. Rules for SERVICE PROVIDERs


1. PROFILES AND OFFERS MUST NOT BE FRAUDULENT

Subject to any exceptions set forth in these Terms of Use or Additional Policies, if any, SERVICE PROVIDERs shall not: (a) list Services or offers relating to any Service in a category that is inappropriate to the Service they are offering; (b) misrepresent the location at which they will provide a Service; (c) include brand names or other inappropriate keywords in their Profile, Offer, Want, Feedback, or any other title or description relating to a Service; (d) use misleading titles that do not accurately describe the Service; or (e) include any information in their Profile that is fraudulent.

2. PROFILES AND OFFERS CANNOT USE TECHNIQUES TO AVOID OR CIRCUMVENT SHEBA.XYZ FEES

Subject to any exceptions set forth in these Terms of Use or Additional Policies, if any, SERVICE PROVIDERs shall not: (a) offer a catalog or a link to a third-party website from which SERVICE USERs or any Registered User or user of the Website may obtain the Service directly; (b) exceed multiple Posting limits; (c) post a single Service but offer additional identical services in the Service description; (d) charge fees for traveling further than desired to provide the Service; (e) offer the opportunity through Sheba.xyz to purchase the Service or any other service outside of Sheba.xyz; (f) use their Profile page or user name to promote services not offered on or through the Website, Apps or its product and/or prohibited services.

In case we realize that any professional is involved in any of the above activities, Sheba.xyz holds the sole discretion to blacklist the professional and withhold any outstanding credits or payments to the professional.

3. PROFILES AND OFFERS MUST PROMOTE A FAIR PLAYING FIELD AND PROVIDE A SAFE, SIMPLE, AND POSITIVE EXPERIENCE FOR ALL PRODUCT USERS

Subject to any exceptions set forth in these Terms of Use or Additional Policies, if any, SERVICE PROVIDERs shall not: (a) solicit SERVICE USERs to mail cash or use other payment methods not specifically permitted by Sheba.xyz as approved payment methods; (b) include links that do not conform to Sheba.xyz's policies with respect to third-party links; (c) use certain types of HTML and JavaScript in Postings, your Profile page, your Offer page, or your Wants page; (d) promote raffles, prizes, bonuses, games of chance, giveaways, or random drawings; (e) use profanity in any Posting; (f) acknowledge or credit a third-party SERVICE PROVIDER for services or products directly connected with your particular Posting (1) with more than 10 words of text at HTML font size greater than 3 and/or a logo of 88X33 pixels (provided that you represent and warrant that you have the necessary rights, licenses, permissions and/or authorizations from the applicable third party to use that third party's name and/or logo), (2) with any promotional material in connection with that third-party company, and/or (3) with a link to the third-party's website with any information in addition to the Service provided via Sheba.xyz; (g) include third-party endorsements in a Posting; or (h) create a Posting that does not offer a Service.

4. CONSENT FOR REACHING OUT VIA PHONE CALL, SMS, EMAIL OR ANY OTHER FORM OF ELECTRONIC COMMUNICATION

It is further clarified that your registration on the Product shall be deemed to be your consent to be contacted for the purposes mentioned above,(i) on the mobile number shared by you (ii) by way of SMS or email notifications or messages in any other electronic form.

5. SANCTIONS FOR VIOLATING ANY OF THE RULES FOR SERVICE PROVIDERS

If a SERVICE PROVIDER violates any of the above-referenced rules in connection with his or her Posting, Sheba.xyz, in its sole discretion, may take any of the following actions: (a) cancel the Posting; (b) limit the SERVICE PROVIDER's Account privileges; (c) suspend the SERVICE PROVIDER's Account; (d) cause the SERVICE PROVIDER to forfeit any fees earned on a cancelled Posting; and/or (e) decrease the SERVICE PROVIDER's status earned via the Feedback page.

1. General Policy

1.0.1 SHEBA.XYZ can change any policy without any notification to anyone.

1.0.2 SP has to communicate with Partner Management team for any issue.

1.0.3 SP has to call 16516 to contact with Partner Management team.

1.0.4 Eligible SP must have to attend all training/workshop organized by SHEBA.XYZ.

1.0.5 All service provider must have to under a subscription package

1.0.6 Package 1 Local service provider (LSP)

  1. Service charge 20%
  2. Subscription fee monthly 0.00 TK
  3. Subscription fee yearly 0.00 TK

1.0.7 Package 2 Priority service provider (PSP)

  1. Service charge 10%
  2. Subscription fee monthly 1,000 TK
  3. Subscription fee yearly 10,000 TK

1.0.8 Package 3 Enterprise service provider (ESP)

  1. Service charge 5%
  2. Subscription fee monthly 10,000 TK
  3. Subscription fee yearly 1,00,000 TK

1.0.9 Service charge and subscription fee will be considered based on present package of service provider

1.0.10 Some approved equipment will be listed for rebate.

1.0.11 Rebate policy will be applicable as company process.


2. Communication

2.1 Between SHEBA.XYZ and SP:

2.1.1 Any Communication from SHEBA.XYZ will be done by SMS/Email.

2.1.2 Email Address will be partners@sheba.xyz

2.1.3 Any Financial Instruction (Incentive, Service Charge etc) will come through masking SMS SHEBA.XYZ.

2.1.4 Any Others Communication like Promotional will come through w/o masking SMS.

2.1.5 Any special/important instruction might be displayed at the top of the SP Portal.


3. On Boarding Policy

3.1 Required Documents:

3.1.1 Both side of the scan copy of NID of SP Owner & Resource.

3.1.2 Trade License of the Company.

3.1.3 Driving License (For Driver Only)

3.1.4 Passport Size Photo of SP Owner & Resource.

3.1.5 Police Verification Certificate. (For Drivers Only)

3.1.6 TIN of the Company.


3.2 Required General Information:

3.2.1 Service Provider Owner Name.

3.2.2 Service Provider Owners Father’s Name.

3.2.3 Service Provider Mobile Number.

3.2.4 Service Provider Email Address.

3.2.5 Service Provider Present Address.

3.2.6 Resource Name.

3.2.7 Resource Father’s Name.

3.2.8 Resource Mobile Number.


3.3 Required Others Information:

3.3.1 SP has to provide Price of each served Line Item.


3.4 Required Dress/Uniform/Material/Product Kit/Bag/Apron:

3.4.1 SP has to maintain Dress Code of certain services.

3.4.2 SP has to wear Uniform/SHEBA.XYZ nominated Dress while serving job at Customer Premises

3.4.3 All SP can buy SHEBA.XYZ Uniform/bag/apron/materials from mentioned vendor.

3.4.4 The sample of product kit will be provided by SHEBA.XYZ based on partners have to invest in ensuring product kit for each resource.

3.4.5 If SP fails to maintain Dress/Uniform/Material/Product Kit/Bag/Apron policy then Uniform Dispute policy will be applicable.


3.5 General:

3.5.1 NID must be scanned from Original Copy.

3.5.2 All contents of NID must be visible in the scan copy.

3.5.3 Any SHEBA.XYZ verified Company's payroll Resource can join or create a new company with the No Objection Certificate (NOC) of current company.

3.5.4 Minimum duration of Driving license will be 3 Years.

3.5.5 Picture Guideline must be followed for Passport Size Photo.

3.5.6 SP has to be skilled on certain jobs and it will be checked before verification.


4. Web Portal Management Policy:

4.1 Updating Price

4.1.1 SP has to update service price always.

4.1.2 SP has the independence to provide competitive price.

4.1.3 Far difference price than market standard will be taken as fraudulent price.

4.1.4 Line Item Price can be changed once in a month and it must be between 1st to 5th days of a month.


5. Finance Policy:

5.1 Wallet:

5.1.1 Minimum BDT 5,000 have to be deposited in the wallet.

5.1.2 Maximum BDT 50,000 can be withdrawn in single transaction. A formal approval required for additional amount (7 working day)

5.1.3 Payment will be disbursed only if bill cleared from client.

5.1.4 Strict wallet policy will be applicable for all SPs.

5.1.5 Partner can encash his money on weekly basis.

5.1.6 Partner have to submit the request by every Saturday 6pm.

5.1.7 Money will be transferred to SP's authorized bank account by Wednesday 6pm. (Minimum 3 working day)

5.1.8 In case of any complaints Sheba.xyz will have the rights to penalize.

5.1.9 SP will be responsible for all Cash on Delivery (COD). Sheba will be responsible only for online payment while placing order.

5.1.10 After Serving job no online payment will be acceptable.

5.1.11 In case any dispute on COD SP has to claim to SHEBA.XYZ on Spot.

5.1.12 If SPs wallet amount goes negative, SP will be automatically paused from the system.

5.1.13 Service Provider can withdraw any amount from wallet after keeping minimum wallet Balance of BDT 5,000. (It might increase service wise)

5.1.14 SP will be paused in the system automatically if wallet balance goes negative of mentioned limit.


5.2 General

5.2.1 SP can take the advance from customer if required.


6. Dispute Management Policy:

6.1 Dispute Customer payment Collection Policy:

6.1.1 Collection model will be CoD (Cash On Delivery)

6.1.2 SP has to take the responsibility of collecting payment.

6.1.3 Customer can pay to SHEBA through Online and It has to be at the time of placing job. Not after serving job.

6.1.4 If required SP can take advance from Client and serve accordingly.

6.1.5 If any dispute happens SP has to raise the ticket to SHEBA.XYZ Support Management team from the customer premises.

6.1.6 SP has to take necessary steps to collect money from that disputed clients.

6.1.7 SHEBA.XYZ will help SP by providing necessary information of clients.

6.1.8 Support Management team of SHEBA.XYZ will investigate the dispute.

6.1.9 After Investigation if client found disputed and SPs effort was sufficient then SHEBA.XYZ will refund SP as company policy

6.1.10 SHEBA will refund 100% value of disputed GMV or BDT 5,000 whichever is lower.

6.1.11 Refund will be adjusted with SP wallet according to company policy.


7. Incentive Policy:

7.1 General

7.1.1 Incentive Model will be declared 1st of every month.

7.1.2 Incentive will be adjusted with SP Wallet.

7.1.3 Minimum Disbursement amount will be BDT 100.

8. Operation Policy:

8.1 Product (Apps/Web) Operation

8.1.1 SP has to accept order through SHEBA.XYZ partner app.

8.1.2 SP has to assign resource through SHEBA.XYZ partner App.

8.1.3 Resource must start job by using SHEBA.XYZ expert App.

8.1.4 Resource must serve job through SHEBA.XYZ expert App.

8.1.5 After collecting bill, resource must use expert App by swap on "Taka Collection" to notify about bill collection.

8.1.6 If Resource swipe "Taka Collection" in Expert app without collecting dues then wrongly served penalty policy will be applicable.


8.2 Job Decline by SP

8.2.1 SP cant say NO to serve any pre verified Service if its his within capacity, Location and service period.

8.2.2 SP can say NO to client after reaching clients premises for serving job due to below predeclared reason.

8.2.3 If SP becomes physically unfit after reaching customer premises.

8.2.4 If there is any life risk of SP for serving job at that premises.

8.2.5 If there is any legal issue arises for serving job.

8.2.6 If SP decline any job without valid reason then job decline penalty policy will be applicable.


8.3 Time Management

8.3.1 SP has to accept jobs taking into account the minimum time required to finish each job by each resource.

8.3.2 The schedule has to allow buffer time for extra work and travelling in between orders.

8.3.3 In case the resource is late for attending any order, then Schedule Miss/Reschedule Penalty Policy will be applied.

8.3.4 The SP cannot assign more than 2 orders per resource in each time slot.


8.4 Using Uniform/Equipment/Materials

8.4.1 All resource must wear and carry SHEBA.XYZ Branded UNIFORM, BAG, DRESS and APRON.

8.4.2 If dress code not defined for any service then resource must have to wear his own company branded Uniform.

8.4.3 Without uniform no resource can go for serving any job.

8.4.4 ALL resource has to carry the SHEBA.XYZ branded product kit.


8.5 General

8.5.1 Without assigning verified resource, No resource can visit clients premises.

8.5.2 Only assigned resource is eligible to visit clients premises.

8.5.3 Resource must collect bill from customer on Cash on Delivery (CoD) basis.

8.5.4 SHEBA.XYZ will not be liable if resource doesn’t collect money from customer.

8.5.5 In case of any payment dispute, SP has to notify to SHEBA.XYZ on Spot.

8.5.6 SHEBA.XYZ will take necessary steps as dispute Management Policy.

8.5.7 SP has to Provide committed Product to customer like Vehicle condition for rent a car, new product for repairing service etc.

8.5.8 SP can't change locked schedule of any service.

8.5.9 SP has to provide 7 days warranty of any service.

8.5.10 If any complain found regarding provided service within 7 days, SP has to solve the complain at free of cost.

8.5.11 If any dispute arises for serving jobs, Dispute Job Penalty Policy will be applicable.

8.5.12 SP can’t ask for any TIPS from client. No TIPS are allowed to take from customer

8.5.13 SP can’t ask different price other than submitted price in SP Portal.

8.5.14 SP can't do any service without SHEBA.XYZ knowledge.

8.5.15 If new job request comes during providing service then SP has to notify SHEBA.XYZ to create new job.

8.5.16 SP has to call customer as soon as he receive order.

8.5.17 SP has to carry necessary product to serve certain jobs Like Lemon/Cucumber for beauty, Drill machine for electrical service.

8.5.18 SP has to maintain the service quality always.

8.5.19 Resource can’t serve any job in expert app without serving practically at clients premises, if do so then wrongly served penalty policy will be applicable.

8.5.20 SP/Resource has to serve job with right amount. If required SP has to edit the price before serving job unless wrongly served penalty policy will be applicable.

8.5.21 SP has to accept job and assign resource within 30 mins.

8.5.22 SP has to make a phone call to customer within 15 mins after accepting the job.


9. Penalty Policy:

9.1 Wrong served penalty Policy:

9.1.1 For First Mistake Warning Letter will be sent to SP through Email and SMS.

9.1.2 For second mistake SP will get Yellow Card and BDT 200 penalty will be applied.

9.1.3 For Third mistake SP will get RED card and BDT 500 penalty will be applied.

9.1.4 For Fourth mistakes, SHEBA commission of Total served amount will be adjusted.


9.2 Schedule Miss/Reschedule penalty Policy:

9.2.1 BDT 100 penalty will be applicable if SP reschedule any job without client confirmation.

9.2.2 BDT 100 will be applicable if SP try to reschedule any job without any valid reason.

9.2.3 Penalty will be applicable if SP failed to reach clients premises within schedule time.

9.2.4 BDT 50 will be applicable if SP get late for 1 Hour.

9.2.5 BDT 100 will be applicable if SP get late for 2 Hours.

9.2.6 BDT 200 will be applicable if SP get late for 3 Hours.


9.3 Dispute Job Penalty Policy:

9.3.1 If any dispute found in served jobs and SP failed to solve the issue then new SP will be sent to clients premises to solve the complaint.

9.3.2 New SP cost will be treated as the penalty of earlier SP.

9.3.3 If Major dispute found, then earlier SP might be paused/Black listed as company policy.

9.3.4 If SP failed to serve the job within due time and surrender to complete the job then he will not be paid any amount as penalty.


9.4 App (Expert/Manager) Dispute Policy:

9.4.1 If any SP failed to do start/serve/collect job through expert app, BDT 50 will be applicable for each job.


9.5 Job Decline Penalty Policy

9.5.1 First Warning will be provided and BDT 500 will be penalized.

9.5.2 Second Warning will be provided and BDT 1000 will be penalized

9.5.3 Third Warning will be provided and SP will be paused from the system.


9.6 Uniform Dispute Policy

9.6.1 If resource fails to maintain the costume then 100 taka penalty will be applied for the Service Provider for each order.


10. Security Policy:

10.1 Only verified resource can go to clients premises.

10.2 SP has to concern about the security of all the product of clients premises.

10.3 if any clients product lost/damaged during serving job at clients premises then SP has to take the responsibility of lost.

10.4 SHEBA.XYZ will not take any liability of lost/damaged product.

E. Use of Submitted Content


1. NO CONFIDENTIALITY

The Website may now or in the future permit the submission of videos or other communications submitted by you and other users, including without limitation, your Profile, your Offer, your Wants, any Feedback, and all Submitted Content, and the hosting, sharing, and/or publishing of such Submitted Content. You understand that whether or not such Submitted Content is published, Sheba.xyz does not guarantee any confidentiality with respect to any Submitted Content.

You agree that any Submitted Content provided by you for which you authorize to be searchable by Registered Users who have access to the Website is provided on a non-proprietary and non-confidential basis. You agree that Sheba.xyz shall be free to use or disseminate such freely searchable Submitted Content on an unrestricted basis for the purpose of providing the Services.

You are aware that any information provided by you in the Submitted Content towards locating a professional who ordinarily is bound to maintain confidentiality under law with his/her client (i.e. a doctor or a lawyer) is not extended to Sheba.xyz.

Sheba.xyz may also disclose user information including personal information if Sheba.xyz reasonably believes that disclosure (i) is necessary in order to comply with a legal process (such as a court order, search warrant, etc.) or other legal requirement of any governmental authority, (ii) would potentially mitigate Sheba.xyz’s liability in an actual or potential lawsuit, (iii) is otherwise necessary or appropriate to protect our rights or property, or the rights or property of any person or entity, (iv) to enforce this Agreement (including, but not limited to ensuring payment of fees by users), or (v) as may be required or necessary to deter illegal behavior (including, but not limited to, fraud).

2. YOUR REPRESENTATIONS AND WARRANTIES

You shall be solely responsible for your own Submitted Content and the consequences of posting or publishing it. In connection with Submitted Content, you affirm, represent, and/or warrant that: (a) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Sheba.xyz to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Submitted Content to enable inclusion and use of the Submitted Content in the manner contemplated by the Website and these Terms of Use; and (b) you have the written consent, release, and/or permission of each and every identifiable individual person in the Submitted Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Submitted Content in the manner contemplated by the Website and these Terms of Use. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Submitted Content posted by you to or through the Website.

3. YOUR OWNERSHIP RIGHTS AND LICENSE TO SHEBA.XYZ

You retain all of your ownership rights in your Submitted Content. However, by submitting the Submitted Content to Sheba.xyz for posting on the Website/Apps or its product, you hereby grant, and you represent and warrant that you have the right to grant, to Sheba.xyz a perpetual, worldwide, non-exclusive, royalty-free, sublicense able and transferable license to link to, use, reproduce, distribute, reformat, translate, prepare derivative works of, display, and perform the Submitted Content in connection with the Website and Sheba.xyz's (and its successor's) business operations, including without limitation, for the promotion and redistribution of any part or all of the Website, and any derivative works thereof, in any media formats and through any media channels. You also hereby grant each user of the Website a non-exclusive license to access your Submitted Content through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such Submitted Content as permitted through the functionality of the Website and under these Terms of Use. The foregoing license granted by you terminates once you remove or delete the Submitted Content from the Website.

You acknowledge and understand that the technical processing and transmission of the Website, including your Submitted Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You may remove your Submitted Content from the Website at any time. If you choose to remove your Submitted Content, the license granted above will automatically expire.

4. SHEBA.XYZ'S DISCLAIMERS AND RIGHT TO REMOVE

1. Sheba.xyz does not endorse any Submitted Content or any opinion, recommendation, or advice expressed therein, and Sheba.xyz expressly disclaims any and all liability in connection with all Submitted Content. Sheba.xyz does not permit copyright infringing activities and infringement of intellectual property rights on the Website, and Sheba.xyz will remove any Data (as defined below) or Submitted Content if properly notified, pursuant to the "take down" notification procedure described in Section J below, that such Posting or Submitted Content infringes on another's intellectual property rights. Sheba.xyz reserves the right to remove any Data or Submitted Content without prior notice. Sheba.xyz will also terminate a user's access to the Website, if he or she is determined to be a repeat infringer. A repeat infringer is a Website user who has been notified of infringing activity more than twice and/ or has had Submitted Content removed from the Website more than twice. Sheba.xyz also reserves the right, in its sole and absolute discretion, to decide whether any Data or Submitted Content is appropriate and complies with these Terms of Use for all violations, in addition to copyright infringement and violations of intellectual property law, including, but not limited to, pornography, obscene or defamatory material, or excessive length. Sheba.xyz may remove such Submitted Content and/or terminate a user's access for uploading such material in violation of these Terms of Use at any time, without prior notice and in its sole discretion.

2. You acknowledge and understand that when using the Website, you will be exposed to Submitted Content from a variety of sources, and that Sheba.xyz is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submitted Content. You further acknowledge and understand that you may be exposed to Submitted Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Sheba.xyz with respect thereto, and agree to indemnify and hold Sheba.xyz, its owners, members, managers, operators, directors, officers, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.

3. You are solely responsible for the photos, profiles and other content, including, without limitation, Submitted Content that you publish or display on or through the Website, or transmit to other Website users. You understand and agree that Sheba.xyz may, in its sole discretion and without incurring any liability, review and delete or remove any Submitted Content that violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Website users or others.

5. SUGGESTIONS.

If you send or transmit any communications, comments, questions, suggestions, or related materials to Sheba.xyz, whether by letter, email, telephone, or otherwise (collectively, "Suggestions"), suggesting or recommending changes to the Website, including, without limitation, new features or functionality relating thereto, all such Suggestions are, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and Sheba.xyz is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Suggestions, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Suggestions. You understand and agree that Sheba.xyz is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Suggestions, and you have no right to compel such use, display, reproduction, or distribution or seek recognition if the Suggestions are in fact implemented.

F. GUIDELINES for SERVICE PROVIDERs


1 Picture Guidelines:

1.1 The background of the profile picture should be white.

1.2 The service partner needs to make eye contact in the picture

1.3 Face should be in the middle of the picture

1.4 The person should have smiley face

1.5 The picture should have enough light

1.6 Two ear should be visible.

1.7 Picture size of the system upload is 400*400 pixel

G. Copyright Infringement Take Down Procedure


Sheba.xyz has high regard for intellectual property and expects the same level of standard to be employed by its users. Sheba.xyz may, in appropriate circumstances and at its discretion, terminate the Account or prohibit access to the Website of users who infringe upon the intellectual property rights of others.

If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement and/or trademark infringement, please send the following information to us at info@Sheba.xyz

  1. identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site;
  2. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Website, and information reasonably sufficient to permit Sheba.xyz to locate the material;
  3. a written statement that you have a good faith belief that the disputed use is not authorized by the copyright and/or trademark owner, its agent, or the law;
  4. information reasonably sufficient to permit Sheba.xyz to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
  5. an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive interest that is allegedly infringed; and
  6. a statement by you, made under penalty of perjury, that the information in your report is accurate and that you are the owner of the exclusive right or authorized to act on the behalf of the owner of the exclusive right. A statement by you comprised of the foregoing points is referred to herein as the "Notice."

Only the intellectual property rights owner is permitted to report potentially infringing items through Sheba.xyz's reporting system set forth above. If you are not the intellectual property rights owner, you should contact the intellectual property rights owner and they can choose whether to use the procedures set forth in these Terms of Use.

H. Modifications to or Termination of Website


1. MODIFICATION OR CESSATION OF WEBSITE

Sheba.xyz reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice and in its sole discretion. You agree that Sheba.xyz shall not be liable to you or to any third party for any modification, suspension or discontinuance of Sheba.xyz services.

2. TERMINATION BY SHEBA.XYZ

You hereby acknowledge and agree that Sheba.xyz, in its sole and absolute discretion, has the right (but not the obligation) to delete, terminate, or deactivate your Account, block your email or IP address, cancel the Website or otherwise terminate your access to or participation in the use of the Website (or any part thereof), or remove and discard any Submitted Content on the Website ("Termination of Service"), immediately and without notice, for any reason, including without limitation, Account inactivity or if Sheba.xyz believes or has reason to believe that you have violated any provision of the Terms of Use.

3. TERMINATION BY YOU

You may cancel your use of the Website and/or terminate the Terms of Use with or without cause at any time.

4. EFFECT OF TERMINATION

Upon termination of your Account, your right to participate in the Website, including, but not limited to, your right to offer or purchase Services and your right to receive any fees or compensation, including, without limitation, referral discounts, incentive bonuses, or other special offer rewards, shall automatically terminate. You acknowledge and agree that your right to receive any fees or compensation hereunder is conditional upon your proper use of the Website, your adherence to the Terms of Use, the continuous activation of your Account, and your permitted participation in the Website. In the event of Termination of Service, your Account will be disabled and you may not be granted access to your Account or any files or other data contained in your Account. Notwithstanding the foregoing, residual data may remain in the Sheba.xyz system.

Unless Sheba.xyz has previously cancelled or terminated your use of the Website (in which case subsequent notice by Sheba.xyz shall not be required), if you provided a valid email address during registration, Sheba.xyz will notify you via email of any such termination or cancellation, which shall be effective immediately upon Sheba.xyz's delivery of such notice.

Upon Termination of Service, the following shall occur: all licenses granted to you hereunder will immediately terminate; and you shall promptly destroy all copies of Sheba.xyz Data (as defined below), Marks (as defined below) and other content in your possession or control. You further acknowledge and agree that Sheba.xyz shall not be liable to you or any third party for any termination of your access to the Website. Upon Termination of Service, Sheba.xyz retains the right to use any data collected from your use of the Website for internal analysis and archival purposes, and all related licenses you have granted Sheba.xyz hereunder shall remain in effect for the foregoing purpose. In no event is Sheba.xyz obligated to return any Submitted Content to you.

You agree to indemnify and hold Sheba.xyz, and its officers, managers, members, affiliates, successor, assigns, directors, agents, SERVICE PROVIDERs, suppliers, and employees harmless from any claim or demand, including reasonable attorneys' fees and court costs, made by any third party due to or arising out of the Termination of Service.

I. Intellectual Property Rights


1. SHEBA.XYZ OWNS OR HOLDS THE LICENSES TO ALL DATA AND MARKS ON THE WEBSITE

The content on the Website (exclusive of all Submitted Content), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Data") and the trademarks, service marks and logos contained therein ("Marks"), are owned by Sheba.xyz. Other trademarks, names and logos on this Website are the property of their respective owners.

Data on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Sheba.xyz reserves all rights not expressly granted in and to the Website and the Data. You agree not to use, copy, or distribute, any of the Data other than as expressly permitted herein, including any use, copying, or distribution of Submitted Content obtained through the Website for any commercial purposes. If you download or print a copy of the Data for personal use, you must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security features of the Website or features that prevent or restrict use or copying of any Data or enforce limitations on use of the Website or the Data therein.

2. SHEBA.XYZ'S LICENSE TO YOU FOR THE USE OF DATA AND MARKS

The Website contains Sheba.xyz's Data and Marks, which are, or may become, protected by copyright, trademark, patent, trade secret and other laws, and Sheba.xyz owns and retains all rights in the Sheba.xyz Data and Marks. Subject to these Terms of Use, Sheba.xyz hereby grants you a limited, revocable, nontransferable, nonsublicensable license to reproduce and display the Sheba.xyz Data (excluding any software source code) solely for your personal use in connection with accessing and participating in the Website.

The Website may also contain Data of other users or licensors, which you shall not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell.

J. Sheba.xyz Fees


1. FEES INCURRED BY SERVICE PROFESSIONALS:

Joining SHEBA.XYZ, opening an Account, posting Services and viewing posted Services is free. SHEBA.XYZ reserves the right at its sole discretion to charge fees to Service Providers for other services that SHEBA.XYZ may provide in the future.

Service Provider has to maintain a wallet to operate business through SHEBA.XYZ. The wallet policy is:

1. Minimum BDT 5,000 have to be deposited in the wallet.

2. Maximum BDT 50,000 can be withdrawn in single transaction. A formal approval required for additional amount (7 working day)

3. Payment will be disbursed only if bill cleared from client.

4. Strict wallet policy will be applicable for any New SP and flexible for existing SP for two months (August'17, September'17).

5. SP grade to be designed (based on monthly earning, performance etc.) and minimum deposit amount will be depended on the grade. (design by 31' Aug)

6. Partner can encash his money on weekly basis.

7. Partner have to submit the request by every Saturday 6pm.

8. Money will be transferred to SP's authorized bank account by Wednesday 6pm. (Minimum 3 working day)

9. In case of any complaints Sheba.xyz will have the rights to penalize.

10. SP will be responsible for all COD. Sheba responsible only for online payment.

11. In case any dispute on COD SP has to claim within 24 hours of delivery.

3. TAXES

You understand that we are acting solely as an intermediary for the collection of rents and fees between a SERVICE USER and a Service Provider who choose to enter into an Agreement for Service. Because state and local tax laws vary significantly by locality, you understand and agree that you are solely responsible for determining your own tax reporting requirements in consultation with tax advisors, and that we cannot and do not offer tax advice to either hosts or guests. Further, you understand that Sheba.xyz shall not be responsible or liable in any manner in relation to tax liability of a SERVICE USER or a SERVICE PROVIDER.

4. REFUND POLICY

All commissions payable to Sheba.xyz by SERVICE PROVIDERs on consummated transactions, i.e. exchange of services for consideration, are final and non-refundable.

All monies paid by SERVICE PROVIDERs in form of “Credits” are non-interest bearing and shall be refunded to the SERVICE PROVIDERs if they remain un-utilised for a period greater than 364 days only. Such amounts shall not be refunded prior to that.

K. Negotiation of Terms of Service; Disputes Between Registered Users


1. SHEBA.XYZ IS NOT A PARTY TO ANY SERVICE CONTRACT

Each Registered User hereby acknowledges and agrees that Sheba.xyz is NOT a party to any oral or written Agreement for Service, Negotiation Worksheet, or any contract entered into between Registered Users in connection with any Service offered, directly or indirectly, through the Website. Each Registered User acknowledges, agrees and understands that Sheba.xyz only seeks to provide a platform wherein the SERVICE USER and SERVICE PROVIDER can be brought together and Sheba.xyz itself has not role in the execution or provision of Services

2. NO AGENCY OR PARTNERSHIP

No agency, partnership, joint venture, or employment is created as a result of the Terms of Use or your use of any part of the Website, including without limitation, the Negotiation Worksheet or Agreement for Service. You do not have any authority whatsoever to bind Sheba.xyz in any respect. All SERVICE PROVIDERs are independent contractors. Neither Sheba.xyz nor any users of the Website may direct or control the day-to-day activities of the other, or create or assume any obligation on behalf of the other.

3. DISPUTES BETWEEN REGISTERED USERS

Subject to the provisions regarding disputes between Website participants in connection with Feedback, your interactions with individuals and/or organizations found on or through the Website, including payment of and performance of any Service, and any other terms, conditions, warranties or representations associated with such transactions or dealings, are solely between you and such individual or organization. You should take reasonable precautions and make whatever investigation or inquiries you deem necessary or appropriate before proceeding with any online or offline transaction with any third party, including without limitation, SERVICE PROVIDERs and SERVICE USERs You understand that deciding whether to use the Services of a SERVICE PROVIDER or provide Services to a SERVICE USER or use information contained in any Submitted Content, including, without limitation, Postings, Offers, Wants and/or Feedback, is your personal decision for which alone are responsible. You understand that Sheba.xyz does not warrant and cannot make representations as to the suitability of any individual you may decide to interact with on or through the Website and/or the accuracy or suitability of any advice, information, or recommendations made by any individual. While Sheba.xyz may attempt to seek information about the background of a SERVICE PROVIDER, either via a telephonic or in-person interview, review of past work/customer feedback and/or check presence online (if available) on Facebook, personalised website, LinkedIn, Twitter etc., you understand that SERVICE PROVIDERs may register themselves sue moto. You also understand that any so called background check undertaken by Sheba.xyz is not exhaustive to the extent to determine previous criminal antecedents and hence, at the end of the day, the SERVICE USER should take an informed decision on his/her own accord and keep in mind the fact that Sheba.xyz only seeks to provide a platform wherein SERVICE USERs and SERVICE PROVIDERs have an opportunity to meet each other.

NOTWITHSTANDING THE FOREGOING, YOU AGREE THAT SINCE SHEBA.XYZ only seeks to provide a platform wherein the SERVICE USER and SERVICE PROVIDER can be brought together and Sheba.xyz itself has not role in the execution or provision of Services ITSELF, SHEBA.XYZ SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT WHATSOEVER INCURRED AS THE RESULT OF ANY SUCH TRANSACTION OR DEALINGS. IF THERE IS A DISPUTE BETWEEN PARTICIPANTS ON THE WEBSITE, OR BETWEEN REGISTERED USERS OR ANY WEBSITE USER AND ANY THIRD PARTY, YOU ACKNOWLEDGE AND AGREE THAT SHEBA.XYZ IS UNDER NO OBLIGATION TO BECOME INVOLVED. IN THE EVENT THAT A DISPUTE ARISES BETWEEN YOU AND ONE OR MORE WEBSITE USERS, REGISTERED USERS OR ANY THIRD PARTY, YOU HEREBY RELEASE SHEBA.XYZ, ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AGENTS, AND SUCCESSORS IN RIGHTS FROM ANY CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, FORESEEABLE OR UNFORESEEABLE, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES AND/OR THE WEBSITE OR ANY SERVICE PROVIDED THEREUNDER.

L. Dispute Resolution


If a dispute arises between you and Sheba.xyz, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Sheba.xyz hereby agree that we will resolve any claim or controversy at law and equity that arises out of the Terms of Use or the Website in accordance with this Section O or as we and you otherwise agree in writing. Before resorting to the filing of a formal lawsuit, we strongly encourage you to first contact us directly to seek a resolution via e-mail at info@sheba.xyz, or call at our call center on 16516. The dispute shall be resolved through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

1. GOVERNING LAW

The Terms of Use shall be governed in all respects by the laws of Bangladesh and any legal proceeding arising out of this Agreement will occur exclusively in the courts located in Dhaka, Bangladesh.

M. Advertisements


Aspects of the Website and other Sheba.xyz services may be supported by advertising revenue. As such, Sheba.xyz may display advertisements and promotions on the service. The manner, mode and extent of advertising by Sheba.xyz on the Website are subject to change and the appearance of advertisements on the Website does not necessarily imply endorsement by Sheba.xyz of any advertised products or services. You agree that Sheba.xyz shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any such dealings or as the result of the presence of such advertisers on the Website.

N. Third-party Links, Contact Forms and Phone Numbers


The Website may provide, or third parties may provide, links, contact forms and/or phone numbers to other websites or resources, including, without limitation, social networking, blogging and similar websites through which you are able to log into the Website using your existing account and log-in credentials for such third-party websites. Certain areas of the Website may allow you to interact and/or conduct transactions with such third-party sites, and, if applicable, allow you to configure your privacy settings in your third-party site account to permit your activities on the Website to be shared with your contacts in your third-party site account. Because Sheba.xyz has no control over such sites and resources, you acknowledge and agree that Sheba.xyz is not responsible for the availability of such external sites or resources, and is not responsible or liable for any content, advertising, products, goods or services on or available from such websites or resources. Unless expressly stated on the Website, links to third-party sites should in no way be considered as or interpreted to be Sheba.xyz's endorsement of such third-party sites or any product or service offered through them. You further acknowledge and agree that Sheba.xyz shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, product, goods or services available on or through any such website or resource. The Third-party website may have different privacy policies and terms and conditions and business practices than Sheba.xyz. In certain situations, you may be transferred to a Third-party website through a link or connected to a Third-party resource by a contact form or phone but it may appear that you are still on this Website or transacting with Sheba.xyz. In these situations, you acknowledge and agree that the Third-party website terms and conditions and privacy policy apply in this situation. Your dealings and communications through the Website with any party other than Sheba.xyz are solely between you and such third party. Any complaints, concerns or questions you have relating to materials provided by third parties should be forwarded directly to the applicable third party.

General Policy
  1. SHEBA.XYZ can change any policy without any notification to anyone
  2. SP has to communicate with Partner Management team for any issue.
  3. SP has to call 16516 to contact with Partner Management team.
  4. Eligible SP must have to attend all training/workshop organized by SHEBA.XYZ.
  5. Sheba.xyz Service charge will be 20%.
  6. Some approved product will be listed for 10% rebate.
  7. Rebate policy will be applicable as company process.
Communication
Between SHEBA.XYZ and SP:
  1. Any Communication from SHEBA.XYZ will be done by Email.
  2. Email Address will be partners@sheba.xyz
  3. Any Financial Instruction (Incentive, Service Charge etc) will come through masking SMS SHEBA.XYZ.
  4. Any Others Communication like Promotional will come through w/o masking SMS.
  5. Any special/important instruction might be displayed at the top of the SP Portal.
Between Customer and SP:
  1. SP has to give High Level break down of Bill while communicating price to Customer.
  2. SP has to clear details job scope with customer.
  3. SP has to greet customer at the starting of the conversation.
  4. SP has to follow the Customer Conversation Guide line.
On Boarding Policy
Required Documents:
  1. Both side of the scan copy of NID of SP Owner & Resource.
  2. Trade License of the Company.
  3. Driving License (For Driver Only).
  4. Passport Size Photo of SP Owner & Resource.
  5. Police Verification Certificate. (For Drivers Only).
  6. TIN of the Company.
Required General Information:
  1. Service Provider Owner Name.
  2. Service Provider Owners Fathers Name
  3. Service Provider Mobile Number
  4. Service Provider Email Address
  5. Service Provider Present Address.
  6. Resource Name.
  7. Resource Father's Name.
  8. Resource Mobile Number
  9. Resource Email Address.
  10. Resource Present Address
Required Others Information:
  1. SP has to provide Price of each served Line Item.
Required Dress/Uniform:
  1. Dress needs to buy.
General:
  1. NID must be scanned from Original Copy.
  2. All contents of NID must be visible in the scan copy.
  3. Any SHEBA.XYZ verified Company's payroll Resource can join to another company or can create a new company but he has to submit NOC from current company.
  4. Minimum duration of license will be 3 Years.
  5. Picture Guideline must be followed for Passport Size Photo.
  6. SP has to be skilled on certain jobs and it will be checked before verification.
Portal Management Policy:
  1. Line Item Price can be changed once in a month and it must be between 1st to 5th days of a month.
Finance Policy:
Wallet:
  1. Minimum BDT 5,000 have to be deposited in the wallet.
  2. Maximum BDT 50,000 can be withdrawn in single transaction. A formal approval required for additional amount (7 working day)
  3. Payment will be disbursed only if bill cleared from client
  4. Strict wallet policy will be applicable for all SPs
  5. Partner can encash his money on weekly basis.
  6. Partner have to submit the request by every Saturday 6pm.
  7. Money will be transferred to SP's authorized bank account by Wednesday 6pm. (Minimum 3 working day)
  8. In case of any complaints Sheba.xyz will have the rights to penalize.
  9. SP will be responsible for all COD. Sheba responsible only for online payment.
  10. In case any dispute on COD SP has to claim to SHEBA.XYZ on Spot.
  11. If SPs wallet amount goes negative, SP will be automatically paused from the system
  12. Service Provider can withdraw any amount from wallet after keeping minimum wallet Balance which is BDT 5,000. (It might change service wise)
General
  1. SP can take the advance from customer if required.
Dispute Management Policy:
Dispute Customer payment Collection Policy:
  1. Collection model will be CoD (Cash On Delivery)
  2. SP has to take the responsibility of collecting payment.
  3. Customer can pay to SHEBA through Online and It has to be at the time of placing job. Not after serving job.
  4. If required SP can take advance from Client and serve accordingly.
  5. If any dispute happens SP has to raise the ticket to SHEBA.XYZ Support Management team from the customer premises
  6. SP has to take necessary steps to collect money from that disputed clients.
  7. SHEBA.XYZ will help SP by providing necessary information of clients.
  8. After proper investigation by SHEBA.XYZ support management, if client found disputed and SPs effort was sufficient and company's guideline maintained properly then SHEBA will refund 50% value of disputed GMV (Up to BDT 5,000).
  9. Refund will be adjusted with SP wallet according to company policy.
Incentive Policy:
  1. Incentive Model will be declared 1st of every month.
  2. Incentive will be adjusted with SP Wallet.
  3. Minimum Disbursement amount will be BDT 100.
Operation Policy:
  1. SP has to accept order through SHEBA.XYZ partner app.
  2. SP has to assign resource through SHEBA.XYZ partner App.
  3. Without assigning verified resource, No resource can visit clients premises.
  4. Only assigned resource is eligible to visit clients premises.
  5. Resource must start job by using SHEBA.XYZ expert App.
  6. Resource must serve job through SHEBA.XYZ expert App.
  7. Resource must collect bill from customer on Cash on Delivery (CoD) basis.
  8. After collecting bill resource must use expert App to notify about bill collection.
  9. SHEBA.XYZ will not be liable if resource doesnt collect money from customer.
  10. In case of any payment dispute, SP has to notify to SHEBA.XYZ on Spot.
  11. SHEBA.XYZ will take necessary steps as dispute Management Policy.
  12. SP has to Provide committed Product to customer like Vehicle condition for rent a car, new product for repairing service etc.
  13. SP can’t change locked schedule.
  14. SP has to provide 7 days warranty of any service
  15. If any complain found regarding provided service within 7 days, SP has to solve the complain at free of cost
  16. If any dispute arises for serving jobs, Dispute Job Penalty Policy will be applicable
  17. SP can’t ask for any TIPS from client. No TIPS are allowed to take from customer
  18. SP can’t ask different price other than submitted price in SP Portal.
  19. SP can’t do any service without SHEBA.XYZ knowledge.
  20. If new job request comes during providing service then SP has to notify SHEBA.XYZ to create new job.
  21. SP has to call customer as soon as he receive order.
  22. SP has to wear uniform while serving jobs. (ODD, Beauty Service).
  23. SP has to carry necessary product to serve certain jobs Like Lemon/Cucumber for beauty, Drill machine for electrical service.
  24. SP has to maintain the service quality always.
  25. SP can’t say NO to serve any pre verified Service if its his within capacity and service period.
  26. Resource can’t serve any job in expert app without serving practically at clients premises, if do so then wrongly served penalty policy will be applicable.
  27. SP/Resource has to click on Taka Collection in expert app after getting dues from client, if do so wrongly served penalty policy will be applicable.
Penalty Policy:
Wrong served penalty Policy:
  1. For First Mistake Warning Letter will be sent to SP through Email and SMS
  2. For second mistake SP will get Yellow Card and BDT 200 penalty will be applied.
  3. For Third mistake SP will get RED card and BDT 500 penalty will be applied.
  4. For Fourth mistakes, SHEBA commission of Total served amount will be adjusted.
Schedule Miss/Reschedule penalty Policy:
  1. BDT 100 penalty will be applicable if SP reschedule any job without client confirmation
  2. BDT 100 will be applicable if SP failed to reach clients premises within schedule time.
Dispute Job Penalty Policy:
  1. If any dispute found in served jobs and SP failed to solve the issue then new SP will be sent to clients premises to solve the complaint.
  2. New SP cost will be treated as the penalty of earlier SP.
  3. If Major dispute found, then earlier SP might be paused/Black listed as company policy.
  4. If SP failed to serve the job within due time and surrender to complete the job then he will not be paid any amount as penalty.
App (Expert/Manager) Dispute Policy:
  1. If any SP failed to do start/serve/collect job through expert app, BDT 50 will be applicable for each job.
ESP Policy:
  1. The maximum Limit of ESP loan will be BDT 200,000.
  2. Maximum BDT 20,000 can be withdrawn in a single request.
  3. ESP wallet must be positive before disbursing amount any Loan amount.
Security Policy:
  1. Only verified resource can go to clients premises.
  2. SP has to concern about the security of all the product of clients premises.
  3. If any clients product lost/damaged during serving job at clients premises then SP has to take the responsibility of lost.
  4. SHEBA.XYZ will not take any liability of lost/damaged product.
Guidelines:
Picture:
  1. The background of the profile picture should be white.
  2. The service partner needs to make eye contact in the picture
  3. Face should be in the middle of the picture
  4. The person should have smiley face
  5. The picture should have enough light
  6. Two ear should be visible.
  7. Picture size of the system upload is 400*400 pixel

O. Disclaimer of Warranties


YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHEBA.XYZ AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, SUPPLIERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND MAKE NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS WEBSITE, THE SERVICES OFFERED ON OR THROUGH THIS WEBSITE, ANY DATA, MATERIALS, SUBMITTED CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS WEBSITE, INCLUDING WITHOUT LIMITATION THE MATERIALS, DATA AND SUBMITTED CONTENT OF OTHER USERS OF THIS SITE OR OTHER THIRD PARTIES. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS WEBSITE, THE SERVICES OFFERED ON OR THROUGH THIS WEBSITE, DATA, MATERIALS, SUBMITTED CONTENT, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS WEBSITE IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" AND "WHEREIS" BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. SHEBA.XYZ DOES NOT PROVIDE ANY WARRANTIES AGAINST ERRORS, MISTAKES, OR INACCURACIES OF DATA, CONTENT, INFORMATION, MATERIALS, SUBSTANCE OF THE WEBSITE OR SUBMITTED CONTENT, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR SERVICE USER OR SERVICE PROVIDER, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY DATA, CONTENT, INFORMATION, MATERIALS, SUBSTANCE OF THE WEBSITE OR SUBMITTED CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. SHEBA.XYZ DOES NOT ENDORSE, WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISEMENT. SHEBA.XYZ WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY PARTY, INCLUDING THIRD PARTY SERVICE PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE USE OF ANY PRODUCT OR SERVICE, AND THE PUBLISHING OR POSTING OF ANY MATERIAL THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

P. Limitations of Liability


1. IN NO EVENT SHALL SHEBA.XYZ, OR ITS RESPECTIVE OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, SUPPLIERS, ATTORNEYS OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE) WHATSOEVER RESULTING FROM ANY (I) ACCESS TO OR USE OF THE WEBSITE OR ANY SERVICES OFFERED BY ANY SERVICE PROVIDERS VIA THE WEBSITE, INCLUDING SERVICES PROVIDED PURSUANT TO AN AGREEMENT FORMED INDEPENDENTLY OF THE WEBSITE, WHETHER OR NOT AN AGREEMENT FOR SERVICE FORMED VIA THE WEBSITE IS IN EFFECT; (II) ERRORS, MISTAKES, OR INACCURACIES OF DATA, MARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE WEBSITE OR SUBMITTED CONTENT; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY; (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; (VI) ANY ERRORS OR OMISSIONS IN ANY DATA, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE WEBSITE OR SUBMITTED CONTENT; (VII) ANY FAILED NEGOTIATIONS FOR A SERVICE, ANY DISPUTES THAT ARISE DURING OR AFTER THE NEGOTIATION OF A SERVICE OR THE FORMATION OF A CONTRACT FOR A SERVICE, OR ANY OTHER DISPUTE THAT ARISES BETWEEN USERS OF THE WEBSITE; (VIII) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR SERVICE USER OR SERVICE PROVIDER; OR (IX) ANY USE OF ANY DATA, MARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE WEBSITE OR SUBMITTED CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SHEBA.XYZ IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

2. IN NO EVENT SHALL THE TOTAL, AGGREGATE LIABILITY OF SHEBA.XYZ, OR ANY OF THE ABOVE-REFERENCED RESPECTIVE PARTIES, ARISING FROM OR RELATING TO THE WEBSITE, AND/OR SUBMITTED CONTENT EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO SHEBA.XYZ BY YOU HEREUNDER

YOU HEREBY ACKNOWLEDGE AND AGREE THAT SHEBA.XYZ SHALL NOT BE LIABLE FOR SUBMITTED CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR SERVICE USER OR SERVICE PROVIDER AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU FURTHER ACKNOWLEDGE AND AGREE THAT SHEBA.XYZ SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE) WHATSOEVER RESULTING FROM OR RELATING TO ANY CONTRACT BETWEEN WEBSITE USERS ENTERED INTO INDEPENDENTLY OF THE WEBSITE.

THE WEBSITE MAY CONTAIN LINKS TO THIRD-PARTY WEBSITES THAT ARE NOT OWNED OR CONTROLLED BY SHEBA.XYZ. SHEBA.XYZ DOES NOT HAVE ANY CONTROL OVER, AND ASSUMES NO RESPONSIBILITY FOR, THE CONTENT, PRIVACY POLICIES, OR PRACTICES OF ANY THIRD-PARTY WEBSITES. IN ADDITION, SHEBA.XYZ WILL NOT AND CANNOT CENSOR OR EDIT THE CONTENT OF ANY THIRD-PARTY SITE. BY USING THE WEBSITE, YOU EXPRESSLY RELIEVE SHEBA.XYZ FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRDPARTY WEBSITE. ACCORDINGLY, PLEASE BE ADVISED TO READ THE TERMS AND CONDITIONS AND PRIVACY POLICY OF EACH THIRD-PARTY WEBSITE THAT YOU VISIT, INCLUDING THOSE DIRECTED BY THE LINKS CONTAINED ON THE WEBSITE.

3. FORCE MAJEURE

Neither Sheba.xyz nor you shall be liable to the other for any delay or failure in performance under the Terms of Use, other than payment obligations, arising out of a cause beyond its control and without its fault or negligence. Such causes may include, but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, acts of God, acts of declared or undeclared war, acts of regulatory agencies, or national disasters.

Q. Indemnification and Release


YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS SHEBA.XYZ, AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, SUPPLIERS, AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES) ARISING FROM YOUR USE OF, ACCESS TO, AND PARTICIPATION IN THE WEBSITE; YOUR VIOLATION OF ANY PROVISION OF THE TERMS OF USE, INCLUDING THE PRIVACY POLICY; YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, PROPRIETARY, INTELLECTUAL PROPERTY, OR PRIVACY RIGHT; OR ANY CLAIM THAT YOUR SUBMITTED CONTENT CAUSED DAMAGE TO A THIRD PARTY. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THESE TERMS OF SERVICE AND YOUR USE OF THE WEBSITE.

IF YOU HAVE A DISPUTE WITH ONE OR MORE WEBSITE USERS, YOU FOREVER RELEASE SHEBA.XYZ (AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, SUPPLIERS, AGENTS, SUBSIDIARIES, AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE AND/OR ANY SUBMITTED CONTENT.

THE TERMS OF USE, AND ANY RIGHTS AND LICENSES GRANTED HEREUNDER, MAY NOT BE TRANSFERRED OR ASSIGNED BY YOU, BUT MAY BE ASSIGNED BY SHEBA.XYZ WITHOUT RESTRICTION.

R. No Third-party Beneficiaries


You agree that, except as otherwise expressly provided in the Terms of Use, there shall be no third-party beneficiaries to the Terms of Use.

S. Notice


You agree that Sheba.xyz may provide you with notices, including those regarding changes to the Terms of Use, by email, regular mail, or postings on the Website.

T. General Information


1. ENTIRE TERMS OF USE

The Terms of Use, together with the Privacy Policy and any other legal notices or Additional Policies published by Sheba.xyz on the Website, shall constitute the entire agreement between you and Sheba.xyz concerning the Website. If any provision of the Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect.

No waiver of any provision of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Sheba.xyz's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

2. STATUTE OF LIMITATIONS

You agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

3. SECTION HEADINGS

The section headings in the Terms of Use are for convenience only and have no legal or contractual effect.