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Introduction
These Terms and Conditions (“Terms”) govern your use of the হবে নাকি Coffee? website/platform, and are prepared in accordance with the applicable laws of the People’s Republic of Bangladesh, including:
- Contract Act, 1872
- Information and Communication Technology Act, 2006 (amended 2013)
- Digital Security Act, 2018
- Consumer Rights Protection Act, 2009
- Money Laundering Prevention Act, 2012
- Income Tax Ordinance, 2023
- Arbitration Act, 2001
By visiting the site, creating an account, supporting a creator, or purchasing any service/digital product, you agree to these Terms. If you do not agree, please do not use the platform.
Terms and definitions
- Platform: The হবে নাকি Coffee? website and services.
- Creator: A user who publishes support options, services, or digital products.
- Supporter: A user/visitor who supports/pays a creator or purchases an offer.
- Content: Text, images, links, files, offers, messages, or any other information posted on the platform.
- Digital service/product: Any digital deliverable such as files, newsletter subscriptions, consultations, shop items, or online services provided by a creator.
- Add-on: A paid monthly extra from হবে নাকি Coffee?, such as more storage, separate from a creator’s own services. An Add-on never changes a Platform fee.
- Wallet: A Creator’s own money that we hold for them, after the Platform fee and anything else they owe us.
Eligibility
- You must be at least 14 years old to use the platform.
- If you are under 14, please do not use the platform.
- If you are under 18 (ages 14–17), guardian consent is required for payments, purchases, or support transactions.
- KYC verification and withdrawal functionality require age 18 or above.
- You must have the legal capacity to enter into contracts under applicable Bangladesh law.
Account and security
- You are responsible for providing accurate, up-to-date account information.
- Keep your login credentials (password, OTP) secure. You are responsible for all activity through your account.
- One account per person. Creating multiple accounts is prohibited.
- Report suspected unauthorized use immediately: support@hobenakicoffee.com
- Authorized, audited support managers may temporarily access your account to help resolve a support request — see our Privacy Policyfor details.
Platform fee
Creators pay a Platform fee on each payment they receive, and a Delivery processing charge on delivery charges paid online, at the rates on our pricing page. The Creator Agreement sets out the rules: which rate applies, the Launch and Founder rates, Partner agreements, refunds, and notice of changes. Supporters never pay the Platform fee unless they choose to add a Fee cover.
Payouts and Withdrawals
- KYC Required: Withdrawal functionality is gated behind a successful KYC verification using a valid National ID (NID). Wallet balances cannot be withdrawn without completed KYC.
- Minimum Threshold: A minimum wallet balance is required for withdrawal. The specific amount is displayed on the creator dashboard.
- Free withdrawals: we don’t charge for withdrawals.
- Business day: Sunday to Thursday in Dhaka time, except public holidays and bank holidays declared by the Government of Bangladesh or Bangladesh Bank.
- Payout time: we send a withdrawal to bKash, Nagad or Rocket within 24 hours of your request, counting only hours on business days. If you make the request on a day that isn’t a business day, the clock starts at the beginning of the next business day. Bank transfers are sent on the same timeline, but BEFTN usually takes another 2–3 business days to arrive.
- Exceptions: the payout time doesn’t apply before your KYC is complete, while a payout is held (see below), or while bKash, Nagad, Rocket or the banking system is down. If we miss it, we’ll tell you why.
- Payout holds: We reserve the right to delay or suspend payouts in cases of suspected fraudulent activity, Terms violations, active chargeback disputes, or payment gateway restrictions. Creators will be notified in such cases.
- Cash on delivery: the Creator Agreement explains how Fees owed work and when cash on delivery pauses.
Creator and supporter responsibilities
Creators
- You must clearly describe your offer, pricing, delivery timelines, and conditions.
- You are responsible for the legality, ownership, and compliance of your content and services.
- Quality and delivery of your services/products are primarily your responsibility.
- You are solely responsible for determining and paying applicable income tax, VAT, or other taxes on your earnings.
- KYC information must be true and your own. Submitting false documents is a criminal offence under the Penal Code 1860 (ss. 465–471).
Supporters
- You are responsible for reviewing an offer’s terms before purchasing or supporting.
- Fraud, abusive chargebacks, or dishonest transactions are prohibited.
- Harassment, abusive messages, or illegal conduct toward creators is prohibited.
Fee cover
When paying online, a Supporter may add a Fee cover so the Creator receives the full price. It’s off unless the Supporter turns it on, the total is shown before paying, and it isn’t available for cash on delivery. If the payment is refunded in full or in part, the Fee cover is refunded in the same proportion.
Refused cash-on-delivery orders
If a buyer refuses a cash-on-delivery order, whether they owe the delivery charge is the shop’s own policy. It is shown at checkout and collected by the shop’s courier. We never collect it. No Platform fee is charged on a refused order. A buyer who refuses 3 cash-on-delivery orders in 180 days, across all shops, can’t use cash on delivery for 90 days.
Payments and Refunds
Payments are processed via SSLCommerz, bKash, Nagad, Rocket, or other approved gateways. We accept local and international Visa, Mastercard, American Express, UnionPay and Diners Club cards, always charged in BDT. We do not store card numbers, CVV, OTP, or MFS PINs.
Who you pay. When you support a Creator or buy from them, you are paying the Creator. The Creator is the seller, not us. We receive your payment for the Creator and pass it on to them. Once your payment reaches us, you have paid the Creator.
- Pricing and fees: Applicable fees are displayed at checkout.
- Refunds: See our Refund Policy.
- Chargebacks: Abusive or fraudulent chargebacks may result in account restriction or suspension.
- Receipts and invoices: Available only for payments made while signed in, from your account’s transaction history. Anonymous (guest) coffee gifts are not linked to any account or email address, so no receipt or invoice can be issued for them.
Taxes
For the respective income tax/VAT and reporting responsibilities of you (the creator) and the platform, see our Tax and Reporting Notice.
Prohibited Content and Acceptable Use
For the full list of prohibited content/conduct, how to report a violation, and our enforcement process, see our Acceptable Use Policy.
Content and Intellectual Property (IP)
You retain ownership of your content. You grant us a limited, non-exclusive licence to host, display, and process your content to operate and promote the platform.
Copyright Infringement: If you believe content on our platform infringes your copyright, email us at support@hobenakicoffee.com with sufficient proof. We will remove infringing content upon verification.
Third-party services and links
The platform may include third-party services or links (e.g., payment gateways, social media). Their policies are outside our control and we are not liable for them.
Suspension and termination
We may suspend or terminate your account without prior notice in the following cases:
- Violation of these Terms.
- Fraudulent or money-laundering-related activity.
- Repeated chargebacks or platform abuse.
- Legal obligation (court order or government directive).
- False or fraudulent KYC information.
Transaction records will be retained in accordance with our legal retention policy even after account termination.
Disclaimer
The platform is provided “as is”. We do not guarantee uninterrupted, error-free service or specific outcomes. Creators are primarily responsible for the quality and delivery of their services/products.
Indemnification
You agree to indemnify and hold the platform harmless from any claims, damages, or legal actions arising from your use of the platform, violation of these Terms, or infringement of any third-party rights.
Limitation of Liability
To the extent permitted by the Consumer Rights Protection Act 2009 and other applicable Bangladesh law, we are not liable for any direct, indirect, special, or consequential damages arising from your use or inability to use the platform. In any case, our maximum liability is limited to the platform fee paid by you in the relevant transaction.
Nothing in this section limits our duty to pass on money we collected for a Creator. That money is the Creator’s, subject to Refunds, chargebacks, Fees owed and payout holds.
Dispute Resolution
In the event of a dispute, please contact us first at support@hobenakicoffee.com. We will endeavor to resolve disputes amicably.
If a resolution cannot be reached through dialogue, disputes may be referred to arbitration under the Arbitration Act, 2001 of Bangladesh. Failing arbitration, the competent courts of Bangladesh shall have exclusive jurisdiction.
As a consumer, you retain the right to file a complaint with the Directorate of National Consumer Rights Protection (DNCRP) under the Consumer Rights Protection Act 2009.
Miscellaneous
- Force Majeure: We shall not be liable for failure or delay due to circumstances beyond our reasonable control, such as acts of God, natural disasters, internet outages, or government actions.
- Severability: If any provision is found unenforceable or invalid, the remaining provisions shall remain in full force and effect.
- Language: Both Bengali and English versions are published, each on its own page. In the event of any interpretive conflict, the Bengali version shall be considered authoritative.
Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the applicable laws of the People’s Republic of Bangladesh. Any legal disputes shall be subject to the exclusive jurisdiction of the competent courts of Bangladesh.
Changes to these Terms
For significant changes, we will provide at least 30 days’ advance notice via email or platform notification. Continued use after changes take effect constitutes acceptance of the updated Terms.
Third-Party Licenses and Credits
Profile avatars on the platform are generated using the “Adventurer Neutral” avatar style, designed by Lisa Wischofsky and licensed under CC BY 4.0. The original source file is available here.
Contact
For Terms-related questions or requests:
Email: support@hobenakicoffee.com
Website: https://hobenakicoffee.com
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