Terms & Conditions

 

 

We are HoneyBee IoT Ltd., a company registered in Bangladesh with company number C-165091 whose registered address is 224, Senpara Parbata, Mirpur-10.

 

These terms and conditions of use and any applicable App guidelines (“GTC”) listed below sets out Your legal rights and obligations concerning the use of the Services provided via Our website (www.ourhoneybee.eu) and downloading of Our App. Our GTC were last updated on 26-02-2023.

 

 

1. Interpretation and Definitions

 

1. 1. The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

 

1. 2. The following shall have the definition given to it here:

 

“App” means an application either downloaded via an Appstore or Our website (www.ourhoneybee.eu) which sits on the Platform.

 

“Appstore” means a digital distribution platform for computer software, including but not limited to, Apple App Store, Google Play, Amazon Appstore, Windows Store, Chrome Web Store.

 

“Affiliate” means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

 

“Account” means a unique account created for You to access Our Services or parts of Our Services.

 

“Company” means Honeybee who provide the Platform and Services (referred to as either "the Company", "We", "Us" or "Our" in this GTC).

 

“Content” means the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, communications, interactive features, works of authorship of any kind, and information or other materials that are generated, provided, or otherwise made available through the Services, including User Content. “User Content” means any Content a user of a Service provides to be made available through Services.

 

“Customer/You” means the individual accessing Our website or Our App or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

 

“Device” means any device that can access the Service such as a computer, a cell phone or a digital tablet, amongst others.

 

“Fee” where applicable the Fee payable by You to the Company in consideration of the grant of a license to use the Services.

 

“Feedback” means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.

 

“Intellectual Property Rights or IPR” means patents, rights to inventions, copyright, trademarks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

 

“Personal Data” means any information that directly, indirectly, or in connection with other information — including a personal identification number — allows for the identification or identifiability of a natural person which may include User Content.

 

“Platform” means the software platform (website and/or App) via which the Customer accesses the Services provided by the Company.

 

“Services” means all those services set on the Platform provided by the Company to the Customer.

 

“Third-party Service” means any services or content (including data, website, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

 

“User Data” means any information communicated by the Customer to the Company via the Platform to include all materials uploaded, stored and transmitted via the Platform.

 

2. Acknowledgment

 

1. 1. Your access to and use of the Service is conditioned on Your acceptance of and compliance with this GTC. These GTC apply to all visitors, users and others who access or use the Service. By accessing or using the Service, You agree to be bound by these GTC. Please read this GTC carefully and if You disagree with any part of these GTC then You may not access the Service.

 

1. 2. Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy and Cookie Policy of the Company. Our Privacy Policy and Cookie Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the App or the website and tells You about Your privacy rights, the preferences available to You and how the law protects You. Please read Our Privacy Policy and Cookie Policy carefully before using Our Service.

 

1. 3. The Company may modify these GTC at any time, and if we do, we will notify You by posting the modified GTC on the website or in the App. It’s important that You review any modified GTC before You continue using the Services. If You continue to use the Services, You are bound by the modified GTC. If You don’t agree to be bound by the modified GTC, then You may not use the Services.

 

1. 4. The Services are intended solely for persons who are 16 years old or such higher age required in your country to use the Services. You represent that You are over the age of 16 or such aforementioned higher age.

 

1. 5. If You have any questions regarding this GTC, you will email them to [ENTER EMAIL].

 

3. Customers and Services

 

0. 1. Customers enter into this GTC by undertaking one of the following actions:
1. Accessing the Company’s website; or
2. The Customer being an individual who is 16 years old or such higher age required in Your country; accesses the App and/or completes the sign-up process.

 

4. Grant and Scope of License

 

1. 1. Subject to clause 3 above and the initiation of any of the aforementioned processes the Company hereby grants a non-exclusive and non-transferable license to those Customers at clause 3.1(a) and 3.1(b) to download the App and access the Services via the Platform.

 

1. 2. Those Customers who pay the Fee to obtain Virtual Credits (as defined below) are entitled to upgraded features and additional Services in accordance with clause 8.11 to 8.13.

 

1. 3. The Company license use of the App to the Customer subject to any rules or policies applied by any Appstore provider or operator from whose site, the Customer downloaded the App (Appstore Rules).

 

1. 4. From time-to-time updates to the App may be issued through the Appstore. Depending on the update, you may not be able to use the App until you have downloaded or streamed the latest version of the App.

 

5. User Accounts

 

1. 1. When You create an Account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the GTC, which may result in immediate termination of Your Account on Our Service.

 

1. 2. You are responsible for safeguarding the password and other login credentials that You use to access the Service and for any activities or actions under Your password and such other login credentials, whether Your password and such other login credentials is with Our Service or a Third-party Service.

 

1. 3. You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your Account.

 

1. 4. You may not use as a username the name of another person or entity or that which is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

 

6. Payment and Fees

 

0. 1. Payment to the Company is subject to the following requirements:
      1. Any features which include an upgraded Service are chargeable;
      2. Fees are exclusive of VAT and any other government or transactional duty;
      3. Fees are payable in EUROS (or equivalent local currency);
      4. Fees are exclusive of any costs that may be incurred in paying through a third-party service and will be charged separately; and
      5. Under no circumstances does the Company make refunds or give credit unless it is in accordance with clause 7 below.

 

7. Returns and refunds

 

1. 1. Those Customers who pay the Fee to obtain Virtual Credits as referenced in clause 4.2 above shall be entitled to a return and/or refund of their Fee provided that they make a request pertaining to it within 24 (twenty-four) hours of the transaction being completed.

 

1. 2. The Company shall in no way return and/or refund any Fee paid to obtain Virtual Credits, if the Customer is unable to comply with the timeline prescribed under this section.

 

8. Content

 

User Content

1. 1. Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.

 

1. 2. By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these GTC.

 

1. 3. You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these GTC, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

 

Content Restrictions

1. 4. The Company is not responsible for the content of the Service's users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under Your Account, whether done so by You or any third person using Your Account.

 

0. 5. You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene, competitive or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:
1. Unlawful or promoting unlawful activity;
2. Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups;
3. Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
4. Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person;
5. Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights;
6. Impersonating any person or entity including the Company and its employeeIds or representatives;
7. Violating the privacy of any third person;
8. Competitive data, links and any other similar objects which either directly or indirectly harms the Services and reputation of the Company; and
1. False information and features.

 

1. 6. The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with these GTC, refuse or remove this Content. The Company further reserves the right to make formatting and edits and change the manner of any Content (except Personal Data). The Company can also limit or revoke the use of the Service if You post such objectionable Content. As the Company cannot control all content posted by users and/or third parties on the Service, You agree to use the Service at Your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of Your use of any Content.

 

Content Backups

1. 7. Although regular backups of Content are performed, the Company does not guarantee there will be no loss or corruption of data.

 

1. 8. Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.

 

1. 9. The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.

 

1. 10. You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.

 

Virtual Money/Goods

1. 11. Our App permit the purchase of virtual currency (“Virtual Money”), and use of that Virtual Money to purchase virtual services expressly available for use in the App (“Virtual Goods”). Virtual Money and Virtual Goods are a category of Content which may only survive for a tenure and may be subject to additional terms that is offered by the Company. You may access and purchase Virtual Goods for Your personal, non-commercial use of the Services. You acknowledge that You do not acquire any ownership rights in or to the Virtual Money or Virtual Goods. Any balance of Virtual Goods or Virtual Money does not reflect any stored value and You agree that Virtual Money and Virtual Goods have no monetary value and do not constitute currency or property of any type. Virtual Money may be redeemed only for Virtual Goods and can never be sold, transferred, or exchanged for “real” money, “real” goods, or “real” services from us or anyone else. You agree that you will only obtain Virtual Money and/or Virtual Goods from us and through means provided by us, and not from any third party unless expressly authorized. Once you acquire a license to Virtual Money or Virtual Goods, you may not transfer them to another individual or Account. Any such sale, transfer, or exchange (or attempt to do so) is prohibited, is a violation of these GTC and may result in cancellation of such Virtual Money or Virtual Goods or the termination of your Account.

 

1. 12. During the term of your license to your Virtual Money, You may redeem Your Virtual Money for selected Virtual Goods. As set forth below, all Virtual Money, Virtual Goods, and other Content is provided “as is,” without any warranty. You agree that all sales by us to you of Virtual Money and Virtual Goods are final and that We will not permit exchanges or refunds for any unused Virtual Money (except as provided in clause 7) or Virtual Goods once the transaction has been made.

 

1. 13. Generally, We have the right to offer, modify, eliminate, and/or terminate Virtual Money, Virtual Goods, the Content, and/or the Services, or any portion thereof, at any time, without notice or liability to you. If We discontinue the use of Virtual Money or Virtual Goods, We will provide at least 60 (sixty) days advance notice to You by posting a notice through the Services or through other communications.

 

Your Feedback to Us

1. 14. You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

 

9. Links to Other Websites

 

1. 1. Our Service may contain links to other independent Third-party Services or websites that are not owned or controlled by the Company.

 

1. 2. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any Third-party Services and/or their websites, and we are not responsible for and do not endorse their content or their privacy policies (if any).

 

1. 3. You will need to make your own independent judgement regarding your interaction with any Third-party Services, including the purchase and use of any products or services accessible through them.

 

1. 4. You further acknowledge and agree that the Company 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 the use of or reliance on any such content, goods or services available on or through any such Third-party Services or websites.

 

1. 5. We strongly advise You to read the terms and conditions and privacy policies of any Third-party Services or websites that You visit.

 

10. Restrictions

 

0. 1. You agree:
1. not to copy the App or Services except where such copying is incidental to normal use;
2. not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App or Services;
3. not to make alterations to, or modifications of, the whole or any part of the App or Services, or permit the App or Services or any part of it to be combined with, or become incorporated in, any other programs; and
4. not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing.

 

Acceptable Use Restrictions

0. 2. You must:
1. not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this GTC, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App or Services, any Service or any operating system;
2. not infringe Our intellectual property rights or those of any third party in relation to Your use of the App or any Service;
3. not transmit any material that is defamatory, offensive or otherwise objectionable in relation to Your use of the App or any Service;
4. not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
5. not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service; and
6. acknowledge that any material You upload to the App or Services, post or distribute is Your sole responsibility and the Company is no way liable for any content thereon.

 

11. Intellectual Property

 

General

1. 1. You acknowledge that all IPR in the App and all Services and technology belong to Us and/or Our Affiliates or licensors, that rights in the App and Services are licensed (not sold) to You, and that You have no rights in, or to, the App, Services or any other technology other than the right to use each of them in accordance with the terms of this GTC.

 

1. 2. You acknowledge that You have no right to have access to the App in source-code form.

 

1. 3. All IPR including but not limited to logos, trademarks, service marks contained within any of Our Services are owned by Us and You cannot use, edit, copy, vary, reproduce, publish, display, distribute, store, transmit or otherwise any of Our IPR without Our prior written notice.

 

1. 4. You warrant that You will always identify Our status as owners and authors of the Services and no part of any of the content will be used for commercial purposes without Our consent.

 

Intellectual Property Infringement

1. 5. We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.

 

1. 6. If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright focal point via email (info@ourhoneybee.eu) and include in Your notice a detailed description of the alleged infringement.

 

1. 7. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.

 

1. 8. You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright.

 

12. Warranties

 

0. 1. The Customer acknowledges the following:
1. The Company gives no warranty that the Platform will be free from defects, errors or bugs;
2. The Customer acknowledges that at times the Company may take the Platform out of service or offline to perform scheduled maintenance works;
3. The Customer acknowledges that there may be periods of downtime which are unplanned and there may be times when the Platform is not compatible with other applications, programs or software. The Company takes no responsibility for this; and
4. The Company reserves the right to suspend access to the Services and take the Platform offline at any time and without notice.

 

13. Limitation of Liability

 

1. 1. Nothing in this GTC shall limit or exclude our liability for any liability that cannot be excluded or limited by law or which is reasonable in relation to the Services.

 

0. 2. The Company has no liability to the Customer for any:
1. loss of profit;
2. loss or damage to goodwill or reputation;
3. loss or corruption of any data, database or software; and
4. special, indirect or consequential loss or damage.

 

1. 3. The Company liability under this GTC to the Customer will not exceed the Fee paid by the Customer to the Company.

 

14. Termination

 

0. 1. We may terminate this GTC immediately. By termination we confirm that we will irrevocably remove all User Data and on termination for any reason:
1. all rights granted to you under this GTC shall cease;
2. You must immediately cease all activities authorised by this GTC, including Your use of any Services; and
3. You must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App then in your possession, custody or control and certify to us that You have done so.

 

1. 2. If You breach these GTC, We may take action against You, including but not limited to terminating your Account. You acknowledge that We have no obligation to, and will not, reimburse or refund You for Services lost due to involuntary suspension or termination of Your Account.

 

15. Data and Protection

 

1. 1. The Company will store and process the User Data, Personal Data and/or Content in terms with this GTC and within its Privacy Policy and/or Cookie Policy.

 

1. 2. The Customer may opt to remove User Data, Personal Data and/or Content from the Platform at any time being an individual by deleting their Account from www.ourhoneybee.eu.

 

1. 3. The Customer gives a warranty that it has the legal right to disclose any Personal Data to the Company for the purpose of this GTC and the Company will only process such Personal Data for the purposes of this GTC.

 

1. 4. The Company has in place appropriate measures to safeguard the Personal Data against any unauthorized disclosure, loss or corruption within the terms as described in its Privacy Policy.

 

16. Events Outside Our Control

 

1. 1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under this GTC that is caused by any act or event beyond Our reasonable control including failure of public or private telecommunications networks (Event Outside Our Control).

 

0. 2. If an Event Outside Our Control takes place that affects the performance of Our obligations under this GTC:
1. Our obligations under this GTC will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control; and
2. We will use Our reasonable endeavors to find a solution by which Our obligations under this GTC may be performed despite the Event Outside Our Control.

 

17. Disclaimer

 

1. 1. The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice.

 

1. 2. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected. Without limiting the foregoing, neither the Company nor any of the Company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

 

1. 3. Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

 

18. Dispute Resolution

 

1. 1. If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

 

19. Other Important Terms

 

1. 1. We may transfer Our rights and obligations under this GTC to another organisation, but this will not affect Your rights or Our obligations under this GTC.

 

1. 2. You may only transfer Your rights or obligations under this GTC to another person if We agree in writing.

 

1. 3. If We fail to insist that You perform any of your obligations under this GTC, or if We do not enforce Our rights against You, or if We delay in doing so, that will not mean that We have waived Our rights against You and will not mean that You do not have to comply with those obligations. If We do waive a default by You, We will only do so in writing, and that will not mean that We will automatically waive any later default by You.

 

1. 4. Each of the conditions of this GTC operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

 

1. 5. Please note that this GTC, its subject matter and its formation, are governed by Bangladesh law. You and We both agree that the courts of Bangladesh will have exclusive jurisdiction.

 

By accepting the GTC, I agree that Honeybee or its representatives may contact me by email, phone, or SMS (including by automatic telephone dialing system) at the email address or number I provide, including for marketing purposes.