Terms of Services
1. Introduction
This agreement outlines the terms and conditions (the “Terms”) between you (a “Funder”, “you”) and Manvik Group (“Manvik Group”, the “Company”, “we”, or “us”) under which you agree to fund third party investor/buyer to cultivate investor/buyer plots through our mobile application (the “Platform”). It is important that you read these Terms carefully. We strongly recommend that you seek independent advice when considering whether to fund a farmer with your money through the platform. We do not provide any advice, nor do we make any recommendations to you.
The Company solely allows you to fund a investor/buyer applied for by investor/buyer on the Platform. It is your responsibility to assess whether the Platform is suitable or appropriate for your needs and any decision made to use our Services is done so entirely at your own risk. Please be aware that execution of these Terms does not imply that we have confirmed that use of the Platform and our Services are suitable or appropriate for you.
We advise you to consider whether funding a investor/buyer through the Platform meets your required risk levels and objectives, and you should only commit such funds that you are able to financially bear the risk of losing considering your other financial commitments.By using the Platform, you confirm that you have the necessary experience and knowledge to understand the risks involved.
You confirm your agreement to these Terms either by registering as a funder on our mobile application (the “Platform”) or by signing a copy of these Terms. By continuing on our website, you agree to the following terms together with the Terms of Use, consent to our privacy policy, agree to transact business with us and receive communications relating to the funding electronically.
2. Legal and regulatory information
Manvik Business is a limited company registered in Bangladesh. Manvik Group is an investment and buyer company providing innovative and digital solutions for its users to retail salers and for garments to gain funding to cultivate their platfrom.
3. Funded 5 wing’s
• You will receive updates on the status of the 5 wing’s through the investor and buyers mobile application.
• You are expected to review all notifications, updates and reports from Manvik Group as they represent a record of information pertaining to your funding contribution during a production cycle. A production cycle commences when your fund is received by Manvik Group and ends when the produce of the garments is shipment and sold.
• You are entitled to request for a physical visit to your funded wing’s, however, you must comply with the “Factory & Showroom’s & Resort & Agro visit” criteria as per the terms of services set out hereinafter.
4. Funding Terms
• At the beginning of a production cycle, you will be expected to pay costs related to the lease of garments product production, cutting, swing in put – out put , maintenance costs, and the cost of supervision and administration. All costs are included in your funding contribution.
• You agree that by funding a garments factory and other, your contribution is tied and unavailable for the entire duration of the farming cycle and neither Manvik garments nor the garments can or will refund your contribution until the successful completion of a buyer cycle.
• Account payee cheque/pay order/draft or cash deposit directly made into Manvik Group bank account shall be deemed to be deposited on the day when Manvik Group receives the amount in its designated account after completion of all banking formalities.
• Immediately after making a fund using internet and/or self-depository-based means, you will receive an acknowledgement over email, provided that you have fulfilled all the criteria shared on Manvik Business mobile application or by Manvik Group representatives over email. Only for cheques/pay orders/drafts collected by Manvik Business designated personnel, a money receipt will be provided.
• Any profits from a successful production cycle of a buyer product are remitted when the produce is shipment and sold (i.e. upon completion of the production cycle) to the bank account which you provided in sound mind during your registration on the Platform.
• At the end of a successful production cycle, you may decide whether to withdraw your funds (including agreed profits) or to fund a wing’s for a new wing’s cycle. In case you chose to fund a garments for a new product cycle, the prevailing terms and conditions including, but not limited to, the amount, projected earnings, profit distribution for the available categories on the date of funding such new wing shall apply for such production cycle. Any surplus amount after funding in your preferred new wing shall be returned to your designated account.
• The amount, projected earnings and term of the funds and funded wing will be set according to their category, that is, non-shariah compliant and shariah compliant, details of which will be available over each specific wing and their respective certificate of ownerships.
• Notwithstanding anything contained in these terms and conditions, in the event of any government or regulatory intervention on the applicable rate of earnings, Manvik Group shall have an unfettered discretion to adjust the applicable rate of earnings as it deems fit.
• Payments of funds for wing funding and/or earnings would be made to the funders through account payee cheques, account transfers or electronic fund transfers such as BEFTN.
• Manvik Group Limited is not liable for any delay in dispatching earnings made from funded wings through Manvik Group’s platform, if:
• The funder has not provided necessary information required, that is, valid bank information which is active and functioning and able to operate as per banking guidelines set by the respective/central bank.
• The funder is unresponsive over medium of communication such as phone, email or address of residence provided by the funder while registering themselves on Manvik Group platform.
• The date of production cycle completion corresponds with banking holidays and on public/weekly holidays
• Any other event outside Manvik Group’s control (including without limitation, strikes, industrial action, equipment failure or interruption of power supplies) provided Manvik Group shall in each case endeavor to give notice generally to its customers of any anticipated delays due to any of the above events by notice in its office or otherwise.
5. Consequence of Death and Legal Incapacity
Incase of death of a funder or legal incapacity, earnings made from any and all funded wings (upon completion of production cycle only) through Manvik Group will be paid to the nominee as per the nominee details provided by the funder while registering themselves on Manvik Group platform. In absence of a nominee, the earnings made from any and all funded wings (upon completion of production cycle only) through Manvik Group will be paid to the funder’s bank account provided by the funder while registering themselves on Manvik Group platform. In case the fund cannot be transferred to the designated Bank Account of the funder, the same shall be given to the successors of the funder subject to submission to the satisfaction of Manvik Group proper documents as proof of such succession.
6. Funder representations and warranties
Representations and warranties are statements and promises made by you to Manvik Group, which we rely on as being accurate in our dealings with you. You make the following representations and warranties to us at the time of agreeing to these Terms and every time you use the platform or services, you are over the age of 18 years; you are of sound mind and have the capacity to enter into these Terms, all personal information that you provide about yourself is accurate and true to the best of your knowledge; you hold a bank account in Bangladesh under your own name and will use this account to transfer money to our account when you fund a investment/buyers and to receive refunds of contributions made and profits earned; you have carefully considered the risks involved with using the Platform, the Services and being matched to a wing and also the risks associated with any wing of cash contribution or donation, including but not limited to the possibility of losing all the money you contribute; you will only ever fund with your own money unless you are authorized on behalf of a third party (“Third Party”) and we agree that you may act on behalf of that Third Party. You are not using any illegal funds or attempting to launder by funding a wing if you are registering or accepting these Terms on behalf of a legal entity such as a company, trust or partnership, you are legally authorized to do so and we may request evidence of such legal entitlement (by way of a copy of any document which shows the valid and subsisting authorisation);and you are not breaking any laws or regulations that are applicable to you or any company, trust or partnership upon whose instructions you are acting.
7. Access and use
The Platform and Website is, at all times, subject to our Website Terms of Use. Secure access to the Platform is provided by way of your username and password. These log-in credentials are unique to you and are the primary method of securely identifying you when delivering our Services to you. It is therefore extremely important that you keep your username and password secure at all times. If you suspect that your secure access to the Platform has been compromised in any way, it is your responsibility to contact us. You confirm that you will only use our Platform for the purposes set out in these Terms. You confirm that you will not attempt to gain unauthorized access to the secure areas of the Website or Platform and furthermore you will not attempt to use code or software to manipulate or automate functions available on the Website. You understand that we may store your IP address information and may monitor your use of the Website in accordance with our cookie policy. Access to the Platform may be restricted at the discretion of the Company, particularly during periods of maintenance and updating. We have the right not to act on your instructions including where we deem that your instruction was not sufficiently clear, or we could not verify your identity to our satisfaction, or the instruction was not made by you, or we believe that the instruction may be related to an illegal activity.
8. Anti-money laundering
You must not use this platform to launder money. When we discover that the Platform is being used to launder money or for any suspicious transactions, we have an obligation to report your activities to the relevant authorities without recourse to you.
9. Terms and terminations
Except as otherwise terminated in accordance with the provisions below, these Terms shall commence on the date you register to fund a wing with the Company and shall remain valid and binding for as long as you have outstanding funded investment/buyer cycles. These Terms may be superseded by any amended Terms. These Terms may be terminated by you provided that you have no outstanding funded investment/buying cycle. Notice of termination must be provided in writing to manvikwork@gmail.com. These Terms may be terminated by the Company at any time without notice.
10. Tax
Unless otherwise required by the law, government or any authority from time to time, tax, if any, payable on the earnings from the funded wings upon their completion is subject to the funder’s personal taxation criteria and Manvik Group will not deduct any amount for such purposes on the earnings made.
11. Privacy
You confirm that you have read and understood the Company’s Privacy Policy which provides information on how we use and store the personal information that you provide to us and you further acknowledge that the Company may amend and update this policy from time to time.
12. Indemnity
Subject to the Terms of Insurance and any insurance claims settled, you agree that the Company has no obligation to reimburse or indemnify you for any cost, loss or liability which you incur as a result of the failure of a investment/buyer to yield according to expectations. You agree to indemnify and hold harmless the Company, any investor/buyer, and all our other agents or sub-contractors, against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest penalties and legal and other reasonable professional costs and expenses) suffered or incurred as a result of: your fraudulent or illegal use of the Platform, the Services or the Website; your negligence or any default by you of any of these Terms or the terms of any investment Agreement to which you are matched; any inaccurate or incomplete information that you have knowingly provided to us; your allowing any other person to access your account either with your permission or as a result of your failure to keep your username and password private; any service that you have offered, whether with or without our permission, to another third party using our Platform, Services or Website; any claim made against you for actual or alleged infringement of the Company’s Intellectual Property Rights or any actual or alleged infringement of a third party’s Intellectual Property Rights arising out of or in connection with the Services or your use of the Platform.
13. Applicable Law and Dispute resolution
This Agreement shall be governed and interpreted by the Laws of Bangladesh. Any dispute arising out of this Agreement, which cannot be settled, by mutual agreement/negotiation within 30 days shall be referred to arbitration. Such Arbitration proceedings shall be governed by Arbitration Act, 2001.
14. Change of Law
If, due to any change in applicable law or regulations or the interpretation thereof by any court of law or other governing body having jurisdiction subsequent to the date of this Agreement, performance of any provision of this Agreement or any transaction contemplated hereby shall become impractical or impossible, the Parties hereto shall use their best efforts to find and employ an alternative means to achieve the same or substantially the same result as that contemplated by such provision.
15. Refund policy
• Refund requests for non-shariah compliant investment/buying would be accepted within the 5 working days of receiving the invoice. Shariah compliant investment/buying are not entitled to any forms of refunds.
• No refund request/early settlement request will be acceptable following the end of this period for both shariah and non-shariah compliant wings.
• As proof of payment deposit slip or fund transfer screenshot has to be provided as the proof of payment in the refund request email.
• It generally takes 2 to 3 working days for the fund to reach our bank account, following which we start the refund process.
• We would need 10 working days to verify and process the refund.
• Refund amount is subject to a deduction of 2.5% transaction fee.
• Refund amount would be transferred through a Bank to Bank transaction.
• No Cash refund.
16. Garments Factory & Showrooms Visit
All requests made on the requirement of field visit by clients shall be processed based on written proof. The clients have to write to manvikwork@gmail.com with the subject "Requesting for factory and showrooms visit of [Factory/showrooms name] under [Order ID]" after reading through the terms and conditions mentioned below:
• The wing funder shall share their preferred dates of visiting the wing following which Manvik Group will forward the request to the field operations team.
• The field operations team will consult with the field team and fix a date within the preferred dates shared by the wing funder. In case the dates cannot be matched, the field operations team will share available dates with the wing funder from which the wing funder have to select their preferred dates.
• Field visits will have to be within business days, excluding weekly and public holidays.
• The wing funder will have to be fully vaccinated against covid-19 (All 3 doses completed) and submit a certificate to Manvik Group for verification.
• The farm funder has to sign a non-disclosure agreement (NDA) on Manvik Group office premises before the wing visit.
• All expenses including transportation from Dhaka to wing location (with return), local transport, food, hotel and other miscellaneous expenses are the wing funder's responsibility. Manvik Group will not bear any expenses on behalf of the wing funder.
• The wing funder will have to share their consent over an indemnity form, should they choose to accept it, which indemnifies Manvik Group and its employees from any and all forms of damages, loses or injuries caused during the entire timeline of the field visit.
• Field visit etiquettes, in terms of attire, language and overall behavior should be maintained by the wing funder at all times during the wing visit. Manvik Group believes in the protection of local culture and values and expects similar compliance from its wing funder.
• The client shall be subject to fines, mutually agreed upon by both parties, in case of cancellation of the wing visit within a timeline of 3 working days before the date of the visit.
• Only a wing funder is allowed to visit his/her funded wing and allowed to include one acquaintance with him/her. No representatives on behalf of the wing funder will be allowed to visit the wing under any circumstances.
17. Miscellaneous
• No forbearance, negligence or waiver by Manvik Group in the enforcement of any of these terms and conditions shall prejudice Manvik Group right thereafter to enforce the same strictly. No waiver by Manvik Group shall be effective unless it is in writing.
• Manvik Group may amend these terms and conditions with 14 days’ notice to you. Such amendment/changes shall be binding upon you.
18. Contact
• If you have any question regarding this Agreement, or comments about the Site or its contents should be directed to manvikwork@gmail.com
• Save as otherwise provided in these terms and conditions, any demand of communication made by Manvik Group under these terms and conditions shall be in writing and made at the address/email address given by you (or such other address/email address as you will notify Manvik Group from time to time) and, if posted, shall be deemed to have served on the funder/service receiver on the date of posting.