Last Updated: December 29, 2016
THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH A SHOPPER (DEFINED BELOW) MAY CHOOSE PRODUCTS TO BUY FROM OVERSEAS AND GET THEM DELIVERED THROUGH A TRAVELER (DEFINED BELOW) WHO WOULD TRANSPORT (DEFINED BELOW) THE PRODUCTS UPON THEIR MUTUAL CONSENT BY THE CREATED CONNECTION. YOU UNDERSTAND AND AGREE THAT BACKPACK IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN TRAVELER AND SHOPPER, NOR IS BACKPACK AN INTERNATIONAL SHIPMENT OR TRANSPORTATION AGENCY, RETAILER OR SELLER OF PRODUCTS, AGENT OR INSURER. BACKPACK HAS NO CONTROL OVER THE CONDUCT OF SHOPPER AND TRAVELER AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY NEGOTIATIONS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.
“Backpack Content” means all Contents that Backpack makes available through the Site, Application, or Services, including any Content licensed from a third party, but excluding Member Content.
“Collective Content” means Member Content and Backpack Content.
“Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
“Shopper” means a Member who requests (defined below) products via the Site, Application or Services, OR a Member who contacts a traveler through Backpack to transport products in exchange of a charge as agreed upon between respective shopper and traveler supervised and intermediated by Backpack. A shopper willingly enters into contracts, carries the burden of ordering products, makes payments on their own discretion, and exempts BACKPACK from any liability and excuses BACKPACK for any mistakes, violations of trusts, and counterfeit actions happened between the time of placing a “Request” and the end of the “Connection” made via the Site, Application, and Service.
“Traveler” means a Member who submits his or her travel information and consents that upon the creation of a Connection with a Shopper, he or she is willing to carry the products listed in that Connection to transport to the respective location approved and agreed upon by Backpack, the Shopper and the Traveler in exchange of previously agreed-upon charges and fees via the Site, Application and Services. A Traveler willingly enters into contracts, carries the burden of transporting the products, delivers them to Backpack authorized location or to Backpack authorized operative Members on their own discretion, and exempts BACKPACK from any liability and excuses BACKPACK for any mistakes, violations of trusts, and counterfeit actions happened between the time of adding a “Flight” and the end of the associated Connections of that Flight made via the Site, Application, and Services.
“Request” means paying for products via the Requests page available at https://backpackbang.com/requests.
“Connection” means an online agreement between a Shopper and a Traveler regarding requested products.
“Flight” means submitting travel information containing intention or booking information of a trip on Backpack in order to carry and transport Shopper requested products upon creation of respective Connections by a Traveler.
“Member” or “User” means a person who completes Backpack’s account registration (signup or login) process, including, but not limited to Traveler and Shopper.
“Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site, Application or Services.
“Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST) and other similar municipal, state and federal indirect or other withholding and personal or corporate income taxes. Backpack requires every Traveler to understand, be aware of, and careful about tax rules of a country he or she is traveling to and from while carrying products, purposefully to transport to shopper contacted via BACKPACK Site, Applications, and Services. The Traveler is expected to pay the customs fees, tax fees, and other tax-related costs upon making a Connection via Site, Applications, and Services as they occur.
Certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, OR BY PARTICIPATING IN THE REFERRAL PROGRAM, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT.
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
Backpack reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Application or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.
The Backpack Referral Program allows registered Backpack users (a “Backpack User”) to earn Backpack Credits by referring friends to Backpack. Backpack Credits are “points” that may be applied as credits toward future Backpack requests. To participate, Backpack Users must agree to these terms, which become part of the Backpack Terms of Service. Capitalized terms that are not defined here will have the same meaning given to them in the Backpack Terms of Service.
Backpack Users can earn Backpack Credits towards future Backpack request if: (i) a referred friend clicks on their referral link to create a valid Backpack account that complies with our Terms of Service; and (ii) the referred friend completes a Qualifying Request or Trip either as a shopper or as a traveler. Neither the Backpack User may be the traveler nor the shopper on the Qualifying Request or Trip made by the referred friend. The referring Backpack User will be credited with the Backpack Credit amount described in the accompanying promotional materials.
Any user who is registered with Backpack can refer a friend. You do not need to have ever shopped an item on Backpack or been a Backpack traveler to refer a friend. We refer to the person receiving a referral code as your referral. Referral codes should only be used for personal and non-commercial purposes. This means that you can share your invite link with your personal connections via email, Twitter, Facebook, and personal blogs. You agree not to publish or distribute the link, or cause the link to be published or distributed, on or via methods, platforms and media where you have no reasonable basis for believing that all or most of the readers or recipients are your personal friends (such as coupon websites, Reddit, Wikipedia).
A Qualifying Request must have a total value (excluding home delivery fees or taxes) of at least ৳1,000 (or its local currency equivalent* if we support it) and a Qualifying Trip must contain a total number of products of 10 or more. All activities must occur and paid for via the Backpack platform, and completed by the referral, in order to receive or redeem Backpack credits. An activity that is subsequently canceled, refunded or altered such that the total value becomes less than BDT 1,000 (or its equivalent in your referral’s local currency*, if supported by us), does not qualify for Backpack credits. An activity also does not qualify if you are either the shopper or the traveler on Backpack, or if both the shopper and the traveler were referred by you.
You will receive Backpack credit after your referral's qualifying Backpacking activity has taken place. As soon as one of your referrals successfully completes a qualifying activity, you will be credited with the appropriate Bangladeshi Taka amount (or its equivalent in your local currency* if we support it.) Backpack Credits will automatically appear as a discount on eligible items, and must be used on a qualifying request within three months from the date they are issued. Backpack credit can be used to pay the applicable discount amount of a qualifying request, unless the shopper has credit amount that has been refunded from a cash payment. These amounts may vary during special promotional periods. After three months, the Backpack credits will expire. Backpack Credits may not be combined with additional discounts. Backpack Credits may not be transferred or exchanged for any cash or money. Backpack Credits may not be earned by creating multiple Backpack Accounts. Backpack Credits accrued in multiple Backpack accounts may not be combined into one Backpack account.
Referrals should only be used for personal and non-commercial purposes, and only shared with personal connections that will appreciate receiving these invitations. Referral links should not be published or distributed where there is no reasonable basis for believing that all or most of the recipients are personal friends (such as coupon websites, Reddit, Youtube or Wikipedia).
Referred friends that have signed up using a valid referral link will also receive a Backpack Credit toward their next Qualifying Request on Backpack. The standard Backpack Credit is ৳500 (or its local currency equivalent* if we support it), but may vary in some cases if the referred friend signed up as part of a special promotion. Varying credit amounts and additional terms will be shown in the referral invitation or accompanying promotional materials.
A referred friend may only use one referral link. If a referred friend receives referral links from multiple Backpack Users, only the corresponding Backpack User of the referral link used by the referred friend will receive Backpack Credit.
If any provision in these terms are held to be invalid, void, or unenforceable, such provision (or the part of it that is making it invalid, void or unenforceable) will be struck and not affect the validity of and enforceability of the remaining provisions.
This incentive program is for a limited time only, and we may withdraw or suspend this incentive program (in whole or in part) at any time. The requirements and incentives are also subject to change at any time.
Sign up using a valid referral code (or by clicking on a valid referral link) from an existing Backpack user and you’ll receive Backpack credit for BDT 500 (or its equivalent in your local currency*, if we support it) for use toward your next qualifying activity on Backpack.
We reserve the right to suspend your account and remove referrals should we notice any activity we determine as abuse of the referral program.
- Your or your referral’s local currency equivalent credit amount will be calculated using a system-wide rate, known as the base exchange rate, for currency conversion using data from one or more third parties, such as OANDA. We regularly update the base exchange rate, but it may not be identical to the real-time market rate.
Backpack may suspend or terminate the Referral Program or a user’s ability to participate in the Referral Program at any time for any reason. Requirements and incentives may also change at any time. Backpack Credits earned as a result of fraudulent activities are null and void. We reserve the right to suspend accounts or remove referrals if we notice any activity that we believe is abusive or fraudulent. We reserve the right to review and investigate all referral activities and to suspend accounts or cancel or modify referrals as we deem fair and appropriate. Non-fraudulent accrued Backpack Credits are not affected by suspension or termination of the Referral Program or a user’s participation.
We can update these terms at any time without prior notice. If we modify these terms, we will post the modification on the Backpack website, applications, or services, which are effective upon posting. Continued participation in the Referral Program after any modification shall constitute consent to such modification. If the modified terms are not acceptable, the only recourse is to stop sending referrals or participating in the Referrals Program.
** The referral’s local currency equivalent credit amount will be calculated using a system-wide rate, known as the base exchange rate. We regularly update the base exchange rate, but it may not be identical to the real-time market rate.*
Backpack makes available a peer-to-peer platform with related technology for Shoppers and Traveler to connect and arrange for a Connection between them. Backpack is not an owner or seller or retailer or broker or commissioned agent of including, but not limited to, any product and services made and marketed by third party corporations, companies, individual seller or government service provider, nor is it a local or international insurance or shipping service. Backpack does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control products, including, but not limited to, shipping, insurance or transportation or travel services. Backpack’s responsibilities are limited to: facilitating the availability of the Site.
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE THE CREATION OF CONNECTIONS. BACKPACK CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY FLIGHTS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY PRODUCTS IN ANY CONNECTION. BACKPACK IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL FLIGHTS AND CONNECTIONS. ACCORDINGLY, ANY REQUESTS OR CONNECTIONS WILL BE MADE AT THE MEMBER’S OWN RISK.
Backpack does not endorse any Members or any commercial authenticity of any business entity. In addition, although these Terms require Members to provide accurate information, we do not attempt to confirm, and do not confirm, any Member’s purported identity. You are responsible for determining the identity and suitability of others who you contact via the Site, Application and Services. We will not be responsible for any damage or harm resulting from your interactions with other Members.
By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from Backpack with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any Connection made by you.
Please note that Backpack does not currently charge fees for the submission of Flights. However, you acknowledge and agree that Backpack reserves the right, in its sole discretion, to charge you for and collect fees from you for the submission of Flights. Please note that Backpack will provide notice of any Flight fee collection via the Site, Application and Services, prior to implementing such a Flight fee feature.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Content. In connection with your use of our Site, Application and Services, you may not and you agree that you will not:
- violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
- use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Application, Services or Content;
- use the Site, Application or Services for any commercial or other purposes that are not expressly permitted by these Terms;
- copy, store or otherwise access any information contained on the Site, Application, Services or Content for purposes not expressly permitted by these Terms;
- infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
- interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
- use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
- use our Site, Application or Services in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to lodging in a private residence;
- “stalk” or harass any other user of our Site, Application, or Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as an Backpack Traveler and Shopper;
- register for more than one Backpack Account or register for an Backpack Account on behalf of an individual other than yourself;
- contact a Shopper for any purpose other than asking a question related to a Connection, such Shopper’s request to carry or Flights;
- contact a Traveler for any purpose other than asking a question related to a Connection or such Traveler’s use of the Site, Application and Services;
- when acting as a visitor or otherwise, recruit or otherwise solicit any Member to join third party services or websites that are competitive to Backpack, without Backpack’s prior written approval;
- impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
- use automated scripts to collect information or otherwise interact with the Site, Application or Services;
- use the Site, Application and Services to find a Shopper or Traveler and then complete a booking of a Connection transaction independent of the Site, Application or Services in order to circumvent the obligation to pay any Service Fees related to Backpack’s provision of the Services;
- as a Traveler, submit any Flight with a false or misleading price information, or submit any Flight which would result creation of Connections that you do not intend to honor;
- or post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
- systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
- use, display, mirror or frame the Site or Application, or any individual element within the Site, Services, or Application, Backpack’s name, any Backpack trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Backpack’s express written consent;
- access, tamper with, or use non-public areas of the Site or Application, Backpack’s computer systems, or the technical delivery systems of Backpack’s providers;
- attempt to probe, scan, or test the vulnerability of any Backpack system or network or breach any security or authentication measures;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Backpack or any of Backpack’s providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content;
- forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content; or advocate, encourage, or assist any third party in doing any of the foregoing.
Backpack will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Backpack may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Backpack has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating the Site, Application and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Backpack reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Backpack, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application and Services, you hereby grant to Backpack a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, or by means of the Site, Application and Services. Backpack does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Application and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application and Services or you have all rights, licenses, consents and releases that are necessary to grant to Backpack the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Backpack’s use of the Member Content (or any portion thereof) on, through or by means of the Site, Application and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that Backpack is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Backpack of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
IF YOU CHOOSE TO USE THE SITE, APPLICATION, SERVICES AND PARTICIPATE IN THE REFERRAL PROGRAM, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT BACKPACK DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, TRAVELER AND SHOPPER, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT AND REFERRAL PROGRAM ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, BACKPACK EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF CONNECTIONS OR USAGE OF TRADE. BACKPACK MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE FLIGHTS OR ANY PRODUCTS, OR THE REFERRAL PROGRAM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. BACKPACK MAKES NO WARRANTY REGARDING THE QUALITY OF ANY FLIGHTS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION, SERVICES OR REFERRAL PROGRAM.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM BACKPACK OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY TRAVELER AND SHOPPER. YOU UNDERSTAND THAT BACKPACK DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW OR VISIT ANY ACCOMMODATIONS. BACKPACK MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, TRAVELER AND SHOPPER, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY BACKPACK. BACKPACK EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY OR OTHER THIRD PARTY.