Xtra Terms & Conditions

These Terms of Use administrates the use of the Xtra app for sending, receiving, and managing digital gift cards. The Application is owned and operated by Xtra, powered by Aplectrum Solutions Ltd. with its principal office in Dhaka, Bangladesh and its licensors.

Xtra offers a convenient digital gift solution through its mobile and web applications by allowing its users to send and receive gifts through its registered merchants.

The Xtra service allows its users such as gift sender or gift recipient to create an account to send or receive gifts.

Similarly, the merchants (eg. fashion outlets, restaurants, eCommerce sites etc) also needs to create an account with Xtra to let the Xtra Users (Gift Senders and Receivers) avail their gifts in their physical or virtual shops or service points.

A gift sender is an individual or an owner/ manager of a company, who wants to present gifts or rewards to their employees, distributors, clients, suppliers or family and friends, then they can be considered a Gift Sender in Xtra.

A gift receiver is an individual person who receives a gift or reward from the different Gift Senders. A gift receiver will avail those gifts from the merchants.

Merchants are the well branded service companies (e.g. restaurant, fashion outlet, hotel, e- Commerce etc.)

Both the Xtra Users and Merchants wishes to participate in the services provided by Xtra. The terms and conditions which Xtra users and Merchants need to agree are as follows.

Scope of Terms

These Terms are only between Xtra, Xtra Users and Merchants, and not any of the Application Distributors. The Xtra User is responsible for complying with any terms of use, license agreements, or policies that the Application Distributors may require the Xtra User to accept as a condition of downloading and using the Application and other applications provided by them.

To the extent these Terms differ from or conflicts with the terms of any Application Distributor terms of use or end user license agreements, these terms shall govern.

Xtra is solely responsible for the features, functionality, quality, and all other attributes of the Application.

These terms will continue in force and effect for as long as you use the Application unless we inform you otherwise. Xtra reserves the right to change these terms at any time at our sole business discretion with and without prior notification.

User Participation in the Xtra Service

Acceptance As A Participating Xtra User

Xtra User shall be permitted to participate in the Xtra Service during the term of this Agreement. Xtra User shall comply with all the terms of this Agreement and the Xtra Service. Xtra shall have no obligation to issue any digital gift cards until Xtra User has been permitted to participate.

Charge Applicable to User

If the Gift is not availed within the due date by the Gift Receiver, then the Gift Sender will be notified on that and then Gift Sender will be able to reuse that money to resend digital gift to someone else. In such cases, there will be a small charge of BDT 20 from the original gift amount. This charge can be changed anytime by Xtra.

Modification Of Xtra Service Terms

Xtra reserves the right to modify the terms of the Xtra Service and Xtra User’s participation at its sole direction.

Agree to Use Xtra Service

User can use that gift card through Xtra services (thorough merchants) ONLY, never can claim any hard cash or liquid money in any case from Xtra.

Xtra is not liable for any problems related with merchants. Like merchant outlet is closed due to some reasons or merchant refused to provide service due to heavy rush, electricity, internet connectivity problems, or merchant’s web site is down or under maintenance etc. Xtra is not liable if there is any poor internet and for this, users or merchants cannot access the services over the internet.

Xtra is not liable if there is any mobile OS/browser/hardware/any other issue for which Xtra services are not running properly in user’s device.

Users are solely responsible to manage their gifts which includes but not limited to sending and receiving their gifts, coupons, points etc. They need to manage the security of their own devices to avoid any misuse.

Agree to Provide User Information

Once accepted into the Xtra service, Xtra User shall be permitted to share personal details (such as name, email, phone no etc) required to process digital gift cards, sending customized offers and notifications from Xtra, offering future new Xtra services, and many more.

Compliance with Applicable Law

Xtra User will comply with the terms and conditions, as set forth in Xtra’s Terms of Service, available on the Site, and with all other laws applicable to digital gift cards. User is complied with operating country (Bangladesh or any other in future) to use Xtra services. Xtra is not liable for any kind of misuse, fraud or illegal activity by users which is not permitted by law of the country.

Payment Procedure

As a gift sender, you can easily send a gift to your family or your business stakeholders through Xtra app. From the menu, you need to choose “Send Gift Card”, then from that screen, type sender’s phone no, select merchant (eg. fashion outlet, restaurant, hotel, eCommerce site etc), and type gift amount. Then, you will be asked to pay that amount through MFS (eg bKash), debit or credit card etc. Through one of these payment methods, you can pay the gift amount through the Xtra application. In future, more payment options will be added.

VAT, SD, surcharge, service charges or other govt charges etc will be applicable as per the govt rules.

Gift Expiry Date

There will be an expiry date for each gift. Gift Receiver will be able to see the expiry date of any gift in the app. If the Gift is not availed by the due date (eg. one year) by the Gift Receiver, then the Gift Sender will be notified on that and then Gift Sender will be able to reuse that digital gift money to resend to another preferred personnel. But in that case, there will be 20 taka penalty from the gift sender for such gift return process.

License and Use of the Application

Xtra grants you a limited, non-transferable right to use, download, install, and the Application for personal and business purposes on mobile phones or other electronic devices that you own and control. You may not use the Application on any device that you do not own and control.

You may not attempt to access or use the Application in any way other than through the standard interface. You may not attempt to rent, license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make the Application available to any third party. You may not use another software program or other technology to interoperate with, extract data or content from, or scrape or frame any data or content from the Application. You may not copy, modify, or create derivative works of Application, either on your own or through any third party. You may not attempt to produce a source listing, decompile, disassemble, or otherwise reverse engineer the Application.

Do not attempt to gain unauthorized access to any data stored in the Application.

You may not skip any notices or markings, including without limitation, copyright, trademark, or confidentiality notices, or ownership notices appearing on the Application or any documents or materials associated with the Application.

We reserve the right to terminate your access to and use of the Application immediately and without prior notice to you if you violate the foregoing restrictions on use or otherwise violate these Terms.

Updates and Changes

Xtra may develop and provide updates to the Application, including error corrections, updates, or new features and functionality (“Updates”). Based on your Mobile Device settings, when your Mobile Device is connected to the internet either: (1) the Application will automatically download and install all available Updates; or (2) you may receive notice of or be prompted to download and install available Updates.

You agree to promptly download and install all Updates and acknowledge and agree that the Application may not operate properly should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.

We expect to review and evaluate the functionality of the Application periodically. We may provide Updates in our sole business discretion. Updates may add to, modify, or remove existing functionality or features of the Application. You agree that Xtra has no obligation to continue providing any particular features or functionality, or to provide any specific Updates.

You acknowledge and agree that the Application Distributors have no obligation whatsoever to furnish any Updates, maintenance, or support services for the Application.

Limitation of Liability; Force Majeure

Limitation of Liability

In no event shall Xtra be liable for any direct, indirect, consequential, incidental, special, punitive, or exemplary damages, including but not limited to damages for loss of profits, goodwill, or use of property or data resulting from the use, inability to use, or unavailability of the Xtra service, or any damages resulting from hacking, tampering, or other unauthorized access to or use of the website or app or the Xtra service.

If any Xtra User's app and phone no is compromised, then others may utilise their Xtra gifts from their phone and Xtra is not liable for that.

This limitation of liability applies to the fullest extent permitted by law regardless of the type of claim, whether based on contract, tort, negligence, strict liability, or on any other basis, and even if Xtra has been advised of the possibility of such damage.

Force Majeure

In addition to, and without limiting, the Limitation of Liability section above, Xtra shall not be liable for any damage, loss, delay in performance, or nonperformance resulting from conditions beyond its reasonable control, including but not limited to, government action, acts of terrorism, acts of war, acts of third parties, strikes, riots or other civil disturbances, accidents, fire, floods, earthquakes and other natural disasters, power outages, and communications, other system failures or any type of incidents which is out of Xtra’s control.

Indemnification

Indemnification

You agree to defend, indemnify and hold harmless Xtra, and its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees, including reasonable legal fees, arising out of or relating to your violation of these Terms, your use of the Application, including, but not limited to, use of the Recipient Information, and your use of any other content, materials, or services other than as expressly authorized in these Terms.

Term and Termination; Survival

Term

This Agreement shall commence on the Effective Date and continue until terminated as provided herein.

Termination

You may terminate this Agreement by terminating or deleting your User Account. Xtra may terminate this Agreement at any time without notice in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.

Upon termination, (1) all rights granted to you under this Agreement will terminate; and (2) you must cease using and delete all copies of the Application from your Mobile Device.

Notices

Form of Notice; Method of Delivery

Whenever any notice is permitted or required under this Agreement, it shall be in writing and deemed delivered when: (a) delivered by electronic mail to a party at the email address provided in 9.2 –

Notices to Xtra

Notices to Xtra must be sent by email to info@xtragift.com, or by one of the forms of mail delivery service described above to –

Xtra, powered by Aplectrum Solutions Ltd.
House#165 (3rd floor),
Road#1, Baridhara DOHS, Dhaka-1206, Bangladesh
Phone: +880 1714 110 380
Email: info@xtragift.com

Notices to Merchant

Notices to Merchant must be sent by email through info@xtragift.com , or by one of the forms of mail delivery service described above to

Xtra, powered by Aplectrum Solutions Ltd.
House#165 (3rd floor),
Road#1, Baridhara DOHS, Dhaka-1206, Bangladesh
Phone: +880 1714 110 380
Email: info@xtragift.com

Notices to Xtra User

Notices to Xtra Users must be sent by email through info@xtragift.com , or by one of the forms of mail delivery service described above to

Xtra, powered by Aplectrum Solutions Ltd.
House#165 (3rd floor),
Road#1, Baridhara DOHS, Dhaka-1206, Bangladesh
Phone: +880 1714 110 380
Email: info@xtragift.com

Governing Law

Governing Law

These Terms shall be governed and construed in accordance with applicable laws of Bangladesh, without regard to its conflict of laws provisions or any other principles that may provide for the application of the laws of another jurisdiction.

Copyright Issues

If you are a copyright owner and believe your copyrighted material has been used on or displayed by the Application in a manner that constitutes copyright infringement, please report the violation to our designated copyright agent by sending written and email notices to:

Email – mailto:info@xtragift.com

Address –

Xtra, powered by Aplectrum Solutions Ltd.
House#165 (3rd floor),
Road#1, Baridhara DOHS, Dhaka-1206, Bangladesh
Phone: +880 1714 110 380
Email: info@xtragift.com

Please include the following information in your notice to us: (1) a detailed description of the allegedly infringed copyrighted material, (2) a description of the location of such material on the Application, (3) your contact information, including address, phone number, and email address, if any, (4) your statement that you have a good faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent or the law, (5) your statement, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner’s behalf, and (6) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert copyright infringement and to submit the statement.

Warranties and Disclaimers

You understand and agree that these Terms create a legally binding contract governing your use of the Application. You warrant that your use of the Application will comply with all applicable laws, rules, and regulations.