PLEASE READ THESE TERMS CAREFULLY BY USING THE WEBSITE/PLATFORM/APPLICATION YOU AGREE TO THESE TERMS AND CONDITIONS (“TERMS”). IF YOU DO NOT AGREE TO THESE TERMS DO NOT USE THE WEBSITE/PLATFORM/APPLICATION. Personal Information: The Platform is owned by AusBD Bazaar Ltd. a private company incorporated under the Companies Act, 1994 of Bangladesh with its registered office at Flat-1A & 1B, House-13, Road-9, Block-D, Banasree, Rampura, Dhaka-1219, Dhaka hereinafter referred to as “Aus BD Bazaar “). This Privacy Policy provides briefly the manner your data is collected and used by AusBD Bazaar on the Site. As a visitor to the Site/ Customer, you are advised to read the Privacy Policy carefully. By accessing the services provided by the Site you agree to the collection and use of your data by AusBD Bazaar in the manner provided in this Privacy Policy. Account & Registration Obligations: 1.1 All shoppers have to register and login to place orders on the Site. You have to keep your account and registration details current and correct for communications related to your purchases from the site. By agreeing to the terms and conditions, the shopper agrees to receive promotional communication and newsletters upon registration. The customer can opt out either by unsubscribing to “My Account” or by contacting customer service. 2.1 The shoppers may not possess more than one active account and the account is non-transferable. The Shoppers can update, edit, or terminate his/her account at any time through the site or by contacting customer service.
3.1 The shopper may also be able to access the website/platform as a guest without having any registration. However, the guest user will not be entitled all the benefits or offers as like the registered customers avail.
4.1 The shoppers must maintain the confidentiality of his/her username and password. In case of any unauthorized access of registered account without any concern of the shoppers, the shoppers should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner.
Shoppers Or Customer Obligations:(”YOU”)
5.1 You may receive messages and announcements. You understand and agree that the Application may include service announcements and administrative messages and you may not have the right to opt out of receiving these non-marketing announcements and messages.
6.1 You may not use the Site for any of the following purposes: a. Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material. b. Transmitting material that encourages conduct that constitutes a criminal offence or results in civil liability or otherwise breaches any relevant laws, regulations or code of practice. c. Gaining unauthorized access to other computer systems. d. Interfering with any other person’s use or enjoyment of the Site. e. Breaching any applicable laws; f. Interfering or disrupting networks or web sites connected to the Site. g. Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
7.1 You are responsible for your own device.
a. You are required to provide your own computer, network equipment and network resources for use of the Application and Services, and to pay for all fees incurred as a result of having access to the Internet. You agree that we are not responsible for any hardware, software or Internet access, quality, suitability or unavailability issues. We do not provide Internet access, and you are responsible for all fees relating to telephone and Internet access charges along with all necessary equipment, servicing, repair or correction incurred in maintaining connectivity to the servers.
b. If you download/access the Application/platform/website onto any device not owned by you, you must have the owner’s permission to do so.
You will be responsible for complying with these Terms, whether or not you own the device.
c. If you are aware of any illegal use of your Account or any Account security issues, please notify us immediately.
8.1 You shall not circumvent our technical measures.
a. We may take technical measures in the Application and Services to prevent unauthorized use of the Application/platform/website and Services and to prevent any violation of these Terms. You acknowledge and agree that you will not seek to circumvent such technical precautions in any manner.
b. You must ensure that your device meets the requirements for the installation and use of the Application/platform/website and Services. The installation of the Application may disable other software or program running on your device. Your failure to install the Application or any updates in accordance with our installation instructions may result in dysfunction of the Application/platform/website and Services in whole or in part. Pricing All the products listed on the Site will be sold at MRP unless otherwise specified. The prices mentioned at the time of ordering will be the prices charged on the date of the delivery. Although prices of most of the products do not fluctuate on a daily basis but some of the commodities and fresh food prices do change on a daily basis. In case the prices are higher or lower on the date of delivery not additional charges will be collected or refunded as the case may be at the time of the delivery of the order. Cancellation by Site / Shoppers or Customer You as a customer can cancel your order anytime up to the cut-off time of the slot for which you have placed an order by calling our customer service. In such a case we will refund any payments already made by you for the order. If we suspect any fraudulent transaction by any customer or any transaction which defies the terms & conditions of using the website, we at our sole discretion could cancel such orders. We will maintain a negative list of all fraudulent transactions and customers and would deny access to them or cancel any orders placed by them.
Return & Refunds We have a “no questions asked return and refund policy” which entitles all our members to return the product at the time of delivery if due to some reason they are not satisfied with the quality or freshness of the product. We will take the returned product back with us and issue a credit note for the value of the return products which will be credited to your account on the Site. This can be used to pay your subsequent shopping bills. Colours We have made every effort to display the colours of our products that appear on the Website as accurately as possible. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colour will be accurate. Modification of Terms & Conditions of Service AusBD Bazaar may at any time modify the Terms & Conditions of Use of the Website/Platform/Application without any prior notification to you. You can access the latest version of these Terms & Conditions at any given time on the Site. You should regularly review the Terms & Conditions on the Site. In the event the modified Terms & Conditions is not acceptable to you, you should discontinue using the Service. However, if you continue to use the Service you shall be deemed to have agreed to accept and abide by the modified Terms & Conditions of Use of this Site. Governing Law and Jurisdiction This User Agreement shall be construed in accordance with the applicable laws of Bangladesh. The Courts at Bangladesh shall have exclusive jurisdiction in any proceedings arising out of this agreement. Any dispute or difference either in interpretation or otherwise, of any terms of this User Agreement between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by AusBD Bazaar and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration Act 2001 as amended from time to time. The arbitration shall be held in Bangladesh.
Indemnity You agree to defend, indemnify and hold harmless AusBD Bazaar, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to AusBD Bazaar or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under this User Agreement or arising out of the your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement. Termination This User Agreement is effective unless and until terminated by either you or AusBD Bazaar. You may terminate this User Agreement at any time, provided that you discontinue any further use of this Site/Platform or Application. AusBD Bazaar may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, Such termination will be without any liability to AusBD Bazaar. Upon any termination of the User Agreement by either you or AusBD Bazaar, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the User Agreement or otherwise. AusBD Bazaar right to any Comments shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the Website or affect any liability that may have arisen under the User Agreement.