TERMS AND CONDITIONS AND PRIVACY
POLICY OF ApnarBazar.Com
1. GENERAL
1.1. This Terms and
Conditions and Privacy Policy (hereinafter referred to as “Terms of
Use”, “Policy” or “Agreement”) explains how we, Apnar Bazar.Com (hereinafter
referred to as “Apnar Bazar”, “we”, “our”, “us”), collect, process and use
information of our users (hereinafter addressed as “Users”, “you”, “your”,
“yourself”, “buyer”). We are the operator of the website www.apnarbazar.com,
associated mobile application and a provider of a range of services thereto. We
provide a platform where we may list offers for various services, deals,
coupons, vouchers, travel offers or other goods (hereinafter called “Offers”,
“Products and/or Services”) which are made available by various
merchants/sellers (collectively: “Sellers”). This Agreement applies to
information that we collect through our website, mobile application, electronic
communications or services (collectively, the “Platform”).
1.2. Apnar Bazar will
routinely update this Policy or Agreement to improve our practices and to
reflect new or different privacy practices. Such update includes, among other
things, adding new services, functionality or features to the Platform, adding
certain fees or charges etc. Updated Policy will be effective upon our posting
of such updated Policy at our Platform. You are solely responsible for
regularly reviewing this updated Policy.
2. ACCEPTANCE OF TERMS AND
CONDITIONS
2.1. Your continued access or
use of the Platform after posting the updated Policy constitutes your consent
to be bound by this updated Policy and terms and conditions of this Agreement.
If you do not agree to the terms and conditions, please do not use or access our
Platform. Please note that, by use of the Platform, you expressly consent to
your use and disclosure of your personal information in accordance with this
Policy.
2.2. Your continued use of the
Platform denotes that, you understand and agree that we may collect and use
your sensitive personal data and information (SPDI), technical data and related
information to meet any of our legal or regulatory compliances as per
applicable laws of Bangladesh.
3. REGISTRATION/ MEMBERSHIP/ACCOUNT
3.1. Membership cannot be
availed of by those who are deemed incompetent to contract under the Contract
Act, 1872 of Bangladesh.
3.2. To use the Platform
(whether with or without registration) and to purchase any Products and/or
Services, you must be 18 years of age or above. If you are below 18 years of
age and you wish to use our Platform or transact on our Platform, such use
or transaction may be made by your legal guardian or parents on the
Platform. Apnar Bazar reserves the right to terminate your membership and/or
refuse to provide you with access to the Platform if your such information is
brought to the notice of Apnar Bazar or discovered by Apnar Bazar.
3.3. To avail certain services
on our Platform, Users are required to provide certain information for the
registration process that may include but not limited to :- a) your name, b)
email address, c) sex, d) age, e) PIN code , f) credit card, debit card or
mobile banking details, g) phone number, h) sexual orientation, i) biometric
information, j) password etc., and/or your occupation, interests, and the like
(“SPDI”). We also store the first 6 and last 4 digits of Users’ card
number in a secure and encrypted manner. The first 6 digits (also known as the
bank identification number) are used to identify the bank name and country
where user card was issued. The first 6 and last 4 digits are together used for
fraud detection and prevention purposes. All required information is service
dependent and Apnar Bazar may use the said user information to maintain,
protect, and improve its services (including advertising services) and for
developing customer service, new services and its Platform. Such information
will not be considered as sensitive if it is freely available and accessible in
the public domain.
3.4. We only consider the name
of the Apnar Bazar account holder as client of the product(s) that have been
ordered from the respective Apnar Bazar account. You shall not request for any
changes in the name of the Accountholder during delivery of the product (i.e.:
Motor Bike/Car etc.)
3.5. Apnar Bazar reserve the
right to ban/cancel/freeze/unfreeze your account(s) if it seems to violate any
of our terms and conditions. Apnar Bazar is not bound to provide the balance
amount (or credit point) to you if your account is blocked/banned due to the
violation of our terms and conditions. Apnar Bazar may refund any amount of
balance paid by you through mobile banking/bank/card/cash within a reasonable
time period. Provided that, it may depend on the calculation of your total
payment deducted from the credit point you received and used.
3.6. The Platform may contain
connections to areas where you may be able to publicly post information,
communicate with others such as discussion boards or blogs, review products and
merchants, and otherwise submit your own original content. Prior to posting in
these areas, please read our Terms of Use carefully. All the
information you post may be accessible to anyone with Internet access, and any
information you include in your posting may be read, collected, and used by
others.
3.7. Connecting through Social
Networks: We offer social networking users the opportunity to interact with
friends and to share on social networks. If you are logged into both the
Platform and a social network, when you use the Platform’s social networking
connection functions, you may connect your social network account with your Apnar
Bazar account (this happens automatically, if the email addresses match). If
the email addresses do not match, we ask you if you want to link them and you
must validate that you control the accounts. If you are already logged into the
Platform but not logged into your social network site, when you use the
Platform’s social network connection functions, you will be prompted to enter
your social network website credentials or to sign up for the social network.
3.8. If you are not currently
registered as a User and you use the Platform’s social network connection
functions, you will first be asked to enter your social network credentials and
then be given the option to register and join Apnar Bazar. Once you register
with us and connect with the social network, you will be able to automatically
post recent Apnar Bazar activity back to your social network. Please refer to
the privacy settings in your social network account to manage the data that is
shared through your account.
3.9. By using the Platform’s
social network connection function, you will grant us permission to access all
of the elements of your social network profile information that you have made
available to be shared (as per the settings chosen by you in your social
network profile) and to use it in accordance with the social network’s terms of
use and this Terms of Use.
4. RIGHT TO TRANSFER
The
right to use this Platform is personal to the User and is not transferable to
any other person or entity. You shall be responsible for protecting the
confidentiality of your password(s), if any. It is agreed by you that, although
the internet is often a secure environment, sometimes there are interruptions
in service or events that are beyond the control of Apnar Bazar, and Apnar
Bazar shall not be responsible for any data lost while transmitting information
on the internet. Apnar Bazar makes no representation that any Products
and/or Services are available or otherwise suitable for use outside
Bangladesh. If you choose to access the Platform from locations outside
Bangladesh, you do so on your own initiative and are responsible for the
consequences thereof.
5. COLLECTION OF USER
INFORMATION
5.1. We get access to your
SPDI when you:
5.1.1 register, subscribe,
authorize the transfer of, or create an account with us;
5.1.2 open or respond to
emails;
5.1.3 provide information to
enroll or participate in programs provided on behalf of, or together with other
Sellers, merchants, co-marketers, distributors, resellers and other business
partners, with your consent or as necessary to provide services you have
requested;
5.1.4 visit any page online
that displays our ads or content;
5.1.5 purchase Products and/or
Services on or through the Platform;
5.1.6 interact or connect with
or link to the Platform via cookies, integrated social networking tools and
other technologies; and
5.1.7 post comments to the
Platform.
6. SECURITY OF INFORMATION
6.1. Pursuant to the
applicable laws of Bangladesh, we may be required to give a disclosure of the
SPDI collected by us to the relevant competent authority(ies). We may collect
and retain the following information from and about you if you interact with us
through the Platform:
6.1.1 your email address and
Platform password;
6.1.2 your payment details,
billing and delivery addresses, a credit / debit card number and a credit /
debit card expiration date and/ or other payment instrument details;
6.1.3 your phone number(s);
6.1.4 your location, website
browsing patterns (e.g., through cookies) and purchase history;
6.1.5 other information you
actively submit to us or we can determine about you based on your interactions
with our Platform and services.
6.2. We use strict security
measures to ensure the security, integrity and privacy of your SPDI and to
protect your SPDI against unauthorized access or unauthorized alteration,
disclosure or destruction. For this purpose, we have adopted internal reviews
of the data collection, storage and processing practices and security measures,
including offering the use of a secure server to guard against unauthorized
access to systems where we store your SPDI.
6.3. We shall, however, not be
responsible for any breach of security or for any actions of any third parties
that receive your SPDI. The Platform is also linked to many other sites and we
are not/shall be not responsible for their privacy policies or practices as it
is beyond our control.
6.4. Apnar Bazar collects
information from your interaction with our Platform, Services, content and
advertising, including but not limited to device ID, device type including the
hardware model, operating system and version, unique device identifiers and
mobile network information, location, geo-location information, computer and
connection information, statistics on page views, traffic to and from the
sites, ad data, IP address, information collected by cookies and other tracking
technologies, standard web log information and other identifying information
about the computer or device that you use to access your Apnar Bazar account
shall be tracked for helping us detect possible instances of unauthorized
transactions and shall be used by Apnar Bazar to provide smooth experience of Apnar
Bazar services.
6.5. For ensuring smooth and
efficient Apnar Bazar Services, your IP address, browser, and time related
information for accessing the Platform shall be stored in our server; web
address of sites that routed you to or from the Platform may also be received.
Session cookies, web cookies, pixel tags, web beacons or other similar
technologies shall be used to place small text or image files in your
computer/device for facilitating User friendly performance of the Platform.
6.6. When a Apnar Bazar User
attempts to send Apnar Bazar Service request to Users who have not yet signed
up in Apnar Bazar, Apnar Bazar may retain the Service requested and information
provided regarding the prospective User for contacting them for marketing
purpose. For example, a text message or Interactive Voice Response (“IVR”) may
be sent to their number notifying them about the Apnar Bazar Service you wanted
to share with them.
6.7. Apnar Bazar may collect
non-personal information as you use our Platform. When you use our Platform,
third-party service providers, e.g. Google Analytics and other partners may
also receive and record non-personal information from cookies, server logs, and
similar technology from your browser or mobile device, including your IP
address. We may combine the collected non-personal information with the
personal information. Where we do so, we shall treat the combined information
as personal information if the resulting combination may be used to readily
identify or locate you in the same manner as personal information alone.
6.8. Apnar Bazar collects
non-identifying, general, generic and aggregate information to improve the
design of the Platform and Services.
6.9. You may update your
information through your account profile settings. If you believe that personal
information we hold about you is incorrect, incomplete or inaccurate, then you
may request us to amend it accordingly.
6.10. You may request access to
any personal information we hold about you at any time by contacting us. Where
we hold information that you are entitled to access, we shall try to provide
you with the means of accessing it. You may be charged a fee to cover the administrative
and other associated costs in providing the information as per the policy of Apnar
Bazar. Please note that there may be instances where access to the personal
information may not be granted, for e.g. we may need to refuse access if it
would potentially interfere with the privacy of others or result in a breach of
confidentiality.
6.11. The right to use this
Platform is personal to the User and is not transferable to any other person or
entity. You shall be responsible for protecting the confidentiality of
your password(s), if any. It is agreed by you that, although the internet is
often a secure environment, sometimes there are interruptions in service or
events that are beyond the control of Apnar Bazar, and Apnar Bazar shall not be
responsible for any data lost while transmitting information on the internet. Apnar
Bazar makes no representation that any Services are available or otherwise
suitable for use outside Bangladesh. If you choose to access the Platform from
locations outside Bangladesh, you do so on your own initiative and are
responsible for the consequences thereof.
7. USE OF INFORMATION
7.1. We process SPDI for the
following purposes:
7.1.1 Operate, maintain and
improve the Platform;
7.1.2 Provide you with
personalized direct marketing initiatives via email and direct marketing
offers;
7.1.3 Facilitate and process
orders – for example, for Vouchers (defined below) and other Products and/or
Services;
7.1.4 Determine your
eligibility for certain types of Offers, Products and/or Services that may be
of interest to you, and analyze advertising effectiveness;
7.1.5 Answer your questions and
respond to your requests;
7.1.6 To establish and analyze
individual and group profiles and customer behavior;
7.1.7 Communicate and provide
additional information that may be of interest to you about us, the Sellers and
our business partners;
7.1.8 Send you reminders,
technical notices, updates, security alerts, support and administrative
messages, service bulletins, marketing messages, and requested information,
including on behalf of business partners;
7.1.9 Administer rewards,
surveys, contests, or other promotional activities or events;
7.1.10 Manage our everyday
business needs, such as administration of the Platform, analytics, fraud
prevention, and enforcement of our corporate reporting obligations and Terms
of Use or to comply with the applicable law;
7.1.11 Comply with our legal
obligations, resolve disputes, and enforce our agreements;
7.1.12 Allows you to sign up for
special Offers from merchants and other business partners through the Platform;
and to
7.1.13 Enhance other information
we have about you to help us better understand you, determine your interests
and provide you with more relevant and compelling services.
8. MANAGING USER INFORMATION
8.1. You can manage the types
of SPDI you provide to us and can limit how we communicate with you.
8.2. You can manage your email
and notice preferences by logging into your account through the Platform or by
adjusting the settings in our mobile application.
8.3. You can also manage your
subscriptions by following subscription management instructions contained in
any commercial emails that we send you.
8.4. You may choose to
subscribe to some types of messages, and may choose not to subscribe to, or to
unsubscribe from, others.
8.5. You may update your
subscription preferences at any time. Please note that even if you decide not
to subscribe to, or to unsubscribe, from promotional email messages, we may
still need to contact you with important transactional information related to
your account and your purchases. For example, even if you have unsubscribed
from our promotional email messages, we will still send you confirmations when
you make purchases on the Platform.
8.6. You may manage how your
browser handles cookies by adjusting its privacy and security settings.
Browsers are different, so refer to instructions related to your browser to
learn about cookie-related and other privacy and security settings that may be
available.
8.7. You may also manage how
your mobile device and mobile browser share information on and about your
devices with us, as well as how your mobile browser handles cookies by
adjusting the privacy and security settings on your mobile device. Please refer
to instructions provided by your mobile service provider and the manufacturer
of your device to learn how to adjust your settings.
8.8. You may also manage the
sharing of certain personal data with us when you connect with us through
social networking platforms or applications. Please refer to Paragraph 9 below
and also the privacy policy and settings of the social networking websites or
applications to determine how you may adjust our permissions and manage the
interactivity between us and your social networking account or your mobile
device.
8.9. If you register for
customized email newsletters containing Offers for local services, goods and
travel, we will work to make information more relevant for you and customize
newsletters based on information you share with us, your location, website
browsing preferences (for example, through cookies), purchase history or based
on other attributes of your relationship with us. You can reject and delete
cookies and unsubscribe from newsletters at any time by clicking links in each
newsletter you wish to unsubscribe from.
9. USER’S RIGHTS IN RELATION
TO PERSONAL DATA
9.1. By keeping your personal
data updated you can help us to ensure that we can respect your preferences and
offer you the Products and/or Services that are most relevant to you.
9.2. You can access, update,
rectify, and delete your information you provided to us in your profile by
logging into your account or contacting us at support@Apnar Bazar.com.bd.
9.3. While we are ready to
assist you in managing your subscriptions, closing your account, and removing
your active profile, we cannot always delete records of past interactions and
transactions. For example, we may be required to retain records relating to
previous purchases on the Platform for financial reporting and compliance
reasons.
10. RETENTION OF INFORMATION
You can
at any time unsubscribe from our services, newsletters, e-mailers. We will,
however, retain your personal data for as long as your account is active or as
needed to provide you services and to maintain a record of your transactions
for financial reporting or other compliance purposes. We will also retain your personal
data as necessary to comply with our legal obligations, resolve disputes, and
enforce our agreements.
11. DISCLOSURE OF INFORMATION
11.1. We are not in the
business of selling or renting personal data. We will not share your personal
data, except in the following manner:
11.1.1 with the Sellers, so they
can sell and deliver to you;
11.1.2 to report or collect on
payments owed to Sellers, merchants or other business partners;
11.1.3 as necessary to perform contractual
obligations towards you with business partners to the extent you have purchased
or redeemed a Product and/or Service offered by a business partner or
participated in an offer, rewards, contest or other activity or program
sponsored or offered through us or the Sellers on behalf of a business partner;
11.1.4 in case of a merger,
acquisition or reorganization with a purchaser of our company or all or
substantially all of our assets;
11.1.5 to comply with legal
orders and government requests, or as needed to support auditing, compliance;
11.1.6 to combat fraud or
criminal activity, and to protect our rights or those of our affiliates,
business partners and Users, or as part of legal proceedings affecting Apnar
Bazar;
11.1.7 in response to a legal
process, including to law enforcement agencies, regulators, and courts; or
11.1.8 with your consent or as
otherwise required or permitted by law.
11.2. We encourage business
partners to adopt and post privacy policies. However, while we share personal
data with business partners only for the above-mentioned purposes, their
subsequent processing and use of personal data obtained through Apnar Bazar is
governed by their own privacy policies and practices and are not subject to our
control.
12. PRIVACY POLICIES OF THIRD
PARTIES
This
Privacy Policy only addresses the collection, processing and use (including
disclosure) of information by us through your interaction with the Platform.
Other websites that may be accessible through links from the Platform may have
their own privacy policies and personal information collection, processing,
use, and disclosure practices. Our business partners may also have their own
privacy policies. We encourage you to familiarize yourself with the privacy
policies provided by these other parties prior to providing them with
information or taking advantage of a sponsored offer or promotion.
13. COOKIES
13.1. Consent: By using our
website or mobile app (“Platform”), using services provided through the
Platform, or receiving our emails, you consent to the use of cookies in
accordance with this “Cookies Policy”.
13.2. Intent: This Privacy Policy sets
out how we, and third parties we authorize, use cookies when you interact with
our Platform or the services offered via the Platform. Our Privacy Policy
explains what we do (and don't do) with the information, including any personal
data we may collect about you. Please read them both.
13.3. Meaning: Cookies are unique
identifiers, usually made up of small bits of text or code. Cookies are usually
stored on your device or in your web browser and they send certain information
back to the party who served the cookie. When we say cookies we are actually
referring to a broader range of technologies than just cookies, including web
beacons, clear gifs, pixels and other similar technologies. When we say
first-party cookies we mean cookies that are served by Apnar Bazar. When we say
third party cookies we mean cookies that are served by non-Apnar Bazar parties.
13.4. Use of Cookies: Cookies are used in
order to better understand how applications and websites work and to optimize
online and mobile experiences. Cookies do this by allowing the party serving
the cookie to analyse a website’s or mobile app’s performance, to identify
certain Users anonymously and remember their preferences, to better understand
whether a computer or device (and probably its user) has visited a website
previously and to serve personalised advertisements.
13.5. Types of Cookies: Our Platform
primarily uses the following four types of cookies:
13.5.1 Operations
based Cookies: These cookies are essential for the operation of our
Platform. They make it possible for you to browse and use our Platform. If you
disable these cookies, the Platform will not function correctly for you.
13.5.2 Performance
based Cookies: These cookies gather information about how visitors use the
Platform and monitor Platform performance. For example, performance cookies
tell us which pages are popular, monitor traffic to our Platform and compile
anonymous analytic information. Performance cookies can also be used to
identify and remedy operational problems with the Platform.
13.5.3 Functionality
based Cookies: These cookies are used to recognize and remember your
preferences. For example, functionality cookies may use information, such as
your location, to make sure that you arrive at a version of our Platform that
is specific to your city or region.
13.5.4 Advertising
Preferences based Cookies: We offer you choices about receiving interest-based ads from
us. For this, we allow third parties to deliver personalised advertising
content on our Platform and/or on third party websites and applications. These
third parties use cookies to understand your interest in the advertisements and
content delivered to you, as well as to serve you with more relevant
advertisements based on your activities on our Platform. For example,
third-party cookies could record information about whether you have clicked on
certain content or advertisements on our Platform or other websites, or placed
an item on our Platform in your shopping cart.
13.6. We do not have control
over, or access to, third-party advertising cookies or the information they
contain. Third parties manage any information that they collect via cookies
they place in accordance with their privacy policies. You can opt-out of
third-party personalised advertising cookies. You will still see ads but they
will not be personalized.
13.7. Cookies and Browser
settings: You
may be able to avoid certain cookies by configuring your browser settings or
opting-out directly with the party that operates and controls the cookie.
Please check your browser settings for more information.
13.8. Cookies in E-mails: Our emails contain
cookies that track whether you open our emails and whether you click any links
within them. The cookies used in our emails to monitor these behaviors are unique
to each email and are not stored on your computer or mobile device.
14. USER’S RESPONSIBILITY
The
services and use of the website or mobile application do not include the
provision of a computer or other necessary equipment to access the Platform. To
use the Platform, you will require internet connectivity and appropriate
telecommunication links. The User shall be responsible for obtaining and
maintaining all telephone, computer hardware, software and other equipment
needed for access to and use the Platform and all charges related thereto. Apnar
Bazar shall not be liable for any damages to the User’s equipment resulting
from the use of this Platform.
15. USER CONDUCT
15.1. Restrictions: The User
undertakes without limitation, not to use or permit anyone else to use the
service or Platform:
15.1.1 to upload, send or receive
any information for which the User has not obtained all necessary license
and/or approvals (from us or third parties); or which constitutes or encourages
conduct that would be considered a criminal offence, give rise to civil
liability or otherwise be contrary to the law of or infringe the rights of any
third party in any country in the world;
15.1.2 to upload, send or
receive any material which is technically harmful (including computer viruses,
logic bombs, Trojan horses, worms, harmful components, corrupted data,
malicious software, harmful data, or anything else which may interrupt,
interfere with, corrupt or otherwise cause loss, damage, destruction or
limitation to the functionality of any software or computer equipment);
15.1.3 to intercept or attempt
to intercept any communications transmitted by way of a telecommunication
system;
15.1.3.1
for a purpose other than which we have designed them or intended them to be
used;
15.1.3.2
for any fraudulent purposes in any way which is calculated to incite hatred
against any ethnic, religious or any other minority or is otherwise calculated
to adversely affect any individual, group or entity.
15.1.4 to upload, send or
receive any material, which is not civil or tasteful;
15.1.5 to upload, send or
receive any material, including User Content, which is unlawful, harmful,
tortious, threatening, abusive, harassing, hateful, racist, homophobic,
infringing, pornographic, violent, misleading, grossly offensive, of an
indecent, obscene or menacing character, blasphemous or defamatory or of a
libellous nature of any person or entity, in contempt of court or in breach of
confidence, or which infringes the rights of another person or entity, including
copyrights, trademarks, trade secrets, patents, rights of personality,
publicity or privacy or any other third party rights;
15.1.6 to cause annoyance,
inconvenience or needless anxiety.
15.2. Forbidden uses: The following uses
of the Platform are expressly prohibited and you undertake not to do (or to
permit anyone else to do) any of the following:
15.2.1. resell the Platform;
15.2.2. furnish false data
including false names, addresses and contact details and fraudulent use of credit/debit
card numbers;
15.2.3. attempt to circumvent our
security or network including accessing data not intended for you, logging into
a server or account you are not expressly authorized to access, or probe the
security of other networks (such as running a port scan);
15.2.4. access the Platform in
such a way as to, or commit any act that would or does, impose an unreasonable
or disproportionately large burden on our infrastructure or that otherwise
interrupts or interferes with its functionality, efficiency or operation;
15.2.5. execute any form of
network monitoring which will intercept data not intended for you;
15.2.6. send unsolicited mail
messages, including the sending of "junk mail" or other advertising
material to individuals who did not specifically request such material. You are
explicitly prohibited from sending unsolicited bulk mail messages. This
includes bulk mailing of commercial advertising, promotional, or informational
announcements, and political or religious tracts. Such material may only be
sent to those who have explicitly requested it. If a recipient asks to stop
receiving email of this nature, you may not send that person any further email;
15.2.7. create or forward
"chain letters" or other "pyramid schemes" of any type,
whether or not the recipient wishes to receive such mailings;
15.2.8. send malicious email,
including flooding a user or site with very large or numerous emails;
15.2.9. enter into fraudulent
interactions or transactions with us or a Seller (which shall include entering
into interactions or transactions purportedly on behalf of a third party where
you have no authority to bind that third party or you are pretending to be a
third party);
15.2.10. use the Platform (or any
relevant functionality of either of them) in breach of this Agreement;
15.2.11. use in an unauthorized
manner, or forge, mail header information;
15.2.12. engage in any unlawful or
criminal activity in connection with the use of the Platform or any Voucher; or
15.2.13. copy or use any User
content for any commercial purposes.
15.3. Any conduct by a User
that in Apnar Bazar’s exclusive discretion is in breach of the Terms of Use or
which restricts or inhibits any other User from using or enjoying this Platform
is strictly prohibited. The User shall not use this Platform to advertise or
perform any commercial, religious, political or non-commercial solicitation,
including, but not limited to, the solicitation of Users of this Platform to
become users of other online or offline services directly or indirectly
competitive or potentially competitive with Apnar Bazar.
15.4. Apnar Bazar reserves
the right to prevent you from using the Platform and to prevent you from making
any purchase, if your conduct is found to be in question or contravention of
the terms of this Agreement.
16. PRODUCT DESCRIPTION
Apnar
Bazar attempts to be as accurate as possible. However, Apnar Bazar does not
warrant that product descriptions or other content of the site is accurate,
complete, reliable, current, or error-free. If a product offered by Apnar Bazar
itself and its sellers is not as described, your sole remedy is to return it in
unused condition.
17. ABUSING APNAR BAZAR
As per
these Terms, users and sellers are solely responsible for every material or
content uploaded on to the Website by themselves. Sellers and users can be held
legally liable for their contents and may be held legally accountable if their
contents or material include, for example, defamatory comments or material
protected by copyright, trademark, etc. Please report problems, offensive
content and policy breaches to us. We work to ensure that listed items do not
infringe upon the copyright, trademark or other intellectual property rights of
third parties. If you believe that your intellectual property rights have been
infringed, please notify our team and we will investigate and take necessary
steps as soon as possible.
18. ORDER ACCEPTANCE AND
PRICING
18.1. Please note that there
are cases when an order cannot be processed for various reasons. The Site
reserves the right to refuse or cancel any order for any reason at any given
time. You may be asked to provide additional verifications or information,
including but not limited to phone number and address, before we accept the
order. We are determined to provide the most accurate pricing information on
the Site to our users; however, errors may still occur, such as cases when the
price of an item is not displayed correctly on the website. As such, we reserve
the right to refuse or cancel any order. In the event that an item is
mispriced, we may, at our own discretion, either contact you for instructions
or cancel your order and notify you of such cancellation. We shall have the
right to refuse or cancel any such orders whether or not the order has been
confirmed and your debit/credit card charged.
18.2. All prices posted on this
website are subject to change without notice. Prices prevailing at commencement
of placing the order will apply. Posted prices do includes all taxes and
charges. In case there are any additional charges or taxes the same will be
mentioned on the website.
19. PURCHASE AND SALE OF
PRODUCTS AND/OR SERVICES
19.1. Apnar Bazar takes no
responsibility for the Products and/or Services for which Vouchers may be
redeemed. Further, Apnar Bazar makes no warranty to the Users for the quality,
safety, usability, or other aspect of the Product and/or Service for which the
Voucher may be redeemed.
19.2. Some services for which Apnar
Bazar Voucher(s) can be redeemed are activities that involve potential bodily
harm (such as different forms of adventure sports and activities.), and for
those activities Apnar Bazar takes no responsibility for the service or
activity being offered, and the User takes responsibility for his or her own
actions in utilizing the services for which the Apnar Bazar Voucher can be
redeemed.
20. SELLERS POLICY AND
OFFERING
By purchasing any Product
and/or Services via the Platform, you agree to the Terms of Use, including,
without limitation, the terms of sale specified below (“Terms of Sale”).
These Terms of Sale form part of the overall Terms of Use of the Platform and
are to be read in consonance with them.
20.1. Offer:
20.1.1. Apnar Bazar is not liable
for any offers of any merchant/importer/vendors at any other Platform except Apnar
Bazar Mall. You can request/ask/solicitation or look for data or information
about the offers given/declared by Apnar Bazar Mall.
20.1.2. One user will have the
option to buy one item during any offer if otherwise not announced that
multiple quantities are allowed by Apnar Bazar).
20.1.3. Users cannot claim to
withdraw any kind of credit point by any form i.e. by mobile banking, bank or
cash except Apnar Bazar balance.
20.1.4. Voucher will expire on
the date specified on the Voucher.
20.1.5. Cannot be combined with
other offers.
20.1.6. Providing Voucher code is
mandatory to avail Offer.
20.1.7. Booking, reservations and amendments
are subject to availability.
20.1.8. Must be redeemed in a
single visit (unless specified otherwise).
20.1.9. Vouchers can be redeemed
only after due verification of the customer (including photo ID proof, if
required).
20.1.10. All local/national laws
and rules, consumption of intoxicants etc. - that apply to regular customers,
apply to Apnar Bazar Voucher Holders (defined below) too.
20.1.11. The Seller is solely
responsible for the taxes levied/to be levied on the Products and/or Services
for providing the sales invoice to you against the Products and/or Services
sold.
20.1.12. In case of cancellation
or transactional failure, promo codes shall not be valid for cash back.
20.2. Sellers Policy
20.2.1. We suggest the Seller to
learn about Apnar Bazar sales policy before listing any items. This will help
the Seller to avoid breaking any rules by accident. If the Seller fail to
follow the rules to protect the integrity of our marketplace, we may take steps
to remove the Seller’s listing or products and restrict the Seller’s trade and
transactions. For more details, see the policy guidelines below.
20.2.2. The Seller must provide
accurate and consistent details about the Seller’s items and be clear and
precise about terms of sale.
20.2.3. The Seller should do its
best to provide great customer service till delivery of products. Reasonable
shipping and handling costs may be charged.
20.2.4. The Seller need to
specify the delivery time and return policy and need to answer buyers'
questions instantly.
20.2.5. The Seller need to be
professional throughout the transaction.
20.2.6. The Seller need to review
and update the listings and items often to ensure that all information, such as
inventory status and item conditions - is accurate and up to date.
20.2.7. Descriptions of the
Offers and Products and/or Sellers advertised on the Platform are provided by
the Sellers or other referenced third parties. Apnar Bazar is not responsible
for any claims associated with the description of the Products and/or Services.
Pricing relating to certain Offers on the Platform may change at any time in Apnar
Bazar’s sole discretion without notice. So, it is advisable to go through the
policies before making any purchase on our Platform.
20.2.8. A Seller may advertise
Products and/or Services that may require Seller to have an up-to-date
regulatory authorization, license, or certification. Apnar Bazar does not
verify, validate, or collect evidence of any regulatory authorization, license
or certification from any Seller.
20.2.9. Apnar Bazar is not a health or wellness provider and does not,
will not and cannot refer, recommend or endorse any specific professional,
Products and/or Services that are advertised on the Platform.
20.2.10. Apnar Bazar may, in its sole discretion,
verify a user’s identity prior to processing a purchase. Apnar Bazar may also
refuse to process a purchase, may cancel a purchase, or may limit quantities,
as reasonably deemed necessary, to comply with applicable law or to respond to
a case of misrepresentation, fraud or known or potential violations of the law
or these Terms of Sale. Refunds for cancelled orders may be issued where
appropriate.
20.2.11. If an offer becomes unavailable between
ordering and processing, Apnar Bazar will either cancel or not process the
order and will notify you by email. Refund will be processed by the same mode
of payment as was used while ordering by the User.
20.2.12. Apnar Bazar does not guarantee that it offers
best available rates or prices and does not guarantee against pricing errors. Apnar
Bazar reserves the right, in its sole discretion, to not process or to cancel
any orders placed, including, without limitation, if the price was incorrectly
posted on the Platform. If this occurs, Apnar Bazar will attempt to notify you
by email. In addition, Apnar Bazar reserves the right, in its sole discretion,
to correct any error in the stated retail price of the Product and/or Service.
20.2.13. Some services for which Voucher(s) can be
redeemed are activities that involve potential bodily harm (such as different
forms of adventure sports and activities.), and for those activities Apnar
Bazar takes no responsibility for the service or activity being offered, and
the User takes responsibility for his or her own actions in utilizing the
services for which the Apnar Bazar Voucher can be redeemed.
20.2.14. The Apnar Bazar website is a Platform which
facilitates promotion of various Offers offered by Sellers, on their respective
Products and/or Services by way of offering Vouchers.
20.3. Vouchers
20.3.1. Voucher means an instrument, in either physical or electronic
form, which entitles the holder of such Voucher (the “Voucher Holder”) to
receive the Offers from the Sellers of Apnar Bazar, to be used on or before the
use by date stated on the Voucher (the “Voucher Expiry Date”).
20.3.2. The Offer shall mean the Products and/or Services to be provided
by the Sellers to the Voucher Holder, as specified on Apnar Bazar’s Platform
and the Voucher.
20.3.3. The Seller is a third party unrelated to Apnar Bazar that sells,
supplies and/or provides the Merchant Offering on Apnar Bazar website or mobile
application. Apnar Bazar itself does not indulge in any selling activity of the
Sellers. Apnar Bazar displays the Offers on the Platform and acts as a
collection agent for the Seller for Offers displayed on the Platform. Once a
user makes a purchase of the Offer on Platform, Apnar Bazar provides you with a
Voucher which will enable you to avail the Offer.
20.3.4. In order to purchase a Voucher, the User would be required to
create an account on the Apnar Bazar website or mobile application. This is
required so that we can provide you with easy access to print or save your
orders or view your past purchases.
20.3.5. By making a purchase of Offer on the Platform, you get a Voucher
which enables you to avail the Offer which you have selected based on Apnar
Bazar’s standard Terms of Use, institution-specific restrictions and on
these Terms of Sale.
20.3.6. When you go through the procedure for purchasing a Voucher, you
are required to accept these Terms of Sale before making payment. Once Apnar
Bazar has received the amount due from the User for Offer (by debit card or
credit card or net banking or other acceptable modes of payment) the
transaction is considered complete, and a contract for purchase is made, at
this stage, Apnar Bazar will send an email to you confirming the transaction
(which is our acceptance of the transaction). We keep a copy of the
contract with us. You are welcome to save or print out these Terms of Use
and Terms of Sale from our Platform.
20.3.7. In case of a Voucher for Products and/or Services, once we issue
you the Voucher, you may request for a cancellation of the Voucher at any time
within 3 working days from the day after the day you received the Voucher (a
working day is any day that is not a Friday, Saturday, or a bank holiday in
Bangladesh).
20.3.8. If you want to cancel your Voucher, you must do so by sending an
email at support@Apnar Bazar.com.bd to inform Apnar Bazar of your
intention to cancel the Voucher. Alternatively, you can also write to us at
customer support service (“Customer Support Service”), Apnar Bazar
Limited, Rupayan Millennium Square, Pragati Sarani, Uttar Badda, Gulshan,
Dhaka-1212, or give us a call at our hotline number +8809638226699 regarding
the cancellation. However, the cancellation request will be denied if the
Voucher has already been redeemed.
20.3.9. All Apnar Bazar Vouchers shall be subject to the standard terms
and conditions and specific terms & conditions, as mentioned on the Offer
(“Specific Terms & Conditions”). Apnar Bazar Vouchers are issued on
behalf of the Sellers and only such Sellers, to the exclusion of Apnar Bazar,
shall be responsible for any and all injuries, illnesses, damages, charges,
expenses, claims, liabilities and costs suffered by or in respect of a User,
caused in whole or in part by the Sellers or which arises out of the Products
and/or Services provided by the Sellers, as well as for any unclaimed property
liability arising from unredeemed Vouchers.
20.3.10. As a condition of purchase, we reserve the
right to send you administrative and promotional emails. We may also send
you information regarding your purchases, as well as updates about the website
or mobile application and Vouchers as well as other promotional offers. You can
opt out of our promotional emails anytime by clicking the unsubscribe link at
the bottom of any of our email correspondences or you may write in to us at
Customer Support Service, Apnar Bazar Limited, Rupayan Millennium Square,
Pragati Sarani, Uttar Badda, Gulshan, Dhaka-1212, or give us a call at our
hotline number +8809638226699 Please see our Policy for details.
20.3.11. Any purchase of a Voucher is for your
non-commercial, personal use only (although you may give the Voucher to someone
else for their non-commercial, personal use).
20.3.12. You promise not to provide false data
including false names, addresses and/or contact or payment details; or engage
in any unlawful activity in connection with the purchase or use of a Voucher,
or allow/encourage anyone else to do so.
20.3.13. Any attempt to redeem a Voucher contrary to
these Terms of Sale may render a Voucher void at Apnar Bazar’s discretion.
20.3.14. The reproduction of a Voucher is prohibited.
20.3.15. The commercial trade of a Voucher is
prohibited.
20.4. Cashback
20.4.1. Whenever you shop at your favorite online
stores through our Platform, you get the option of earning some of that money
back which is called cashback (“Cashback”). This Cashback may be a
percentage of the purchase amount or it may be a fixed amount on every
purchase.
20.4.2. We get commissions from the Sellers when you
make any purchase of Offer through our Platform. We share a large part of it
with you, so that you get a better overall deal.
20.4.3. Typically it takes 8 to 12 weeks to receive
the Cashback. We track your purchases within 24 hours but it takes time to dig
up the reports and the Sellers wait for another 30 days before they pay us
anything. This is to take care of cancellations and returns. We try our best to
keep the process as fast as possible.
20.4.4. You will be entitled to Cashback even you
purchase using cash on delivery (‘COD”) method. However, different
stores have their own Terms of Sale for giving Cashback. It is important to
read Offer details and the Terms of Sale mentioned with every Offer.
20.4.5. Our service allows you to earn Cashback on
purchases from our partner Sellers. To qualify for Cashback, the Seller must
confirm that the purchase is tracked, genuine and successful (not returned or
cancelled). The Seller holds sole discretion in determining the validity of the
Cashback transaction.
20.4.6. We try our best to get your cashback from the
Seller but Cashback is not guaranteed. If the Seller does not pay us any
commission for the transaction, we cannot pay any Cashback for the same.
21. PROMO CODE
CONDITIONS
21.1. Apnar Bazar Promo code is
a code which has a unique discount value. It generally counts discount on the
total order amount of a single order.
21.2. Some conditions while
applying a Promo code:
21.2.1. The Promo code must be a
valid one.
21.2.2. The Promo code is only
applicable to purchase certain items specified by Apnar Bazar.
21.2.3. The Promo code is not
applicable to purchase any other products rather than certain items specified
by Apnar Bazar.
21.2.4. If a cart contains both
certain items specified by Apnar Bazar for promo code and other type of
products rather than certain items specified by Apnar Bazar for promo code,
then Promo code will automatically count discount for the total amount of
products only.
22. VALUING, AVAILABILITY AND
ORDER PROCESSING
22.1. All expenses are recorded
in Bangladeshi Taka (BDT) and VAT is spread out and recorded on site by the
seller of the item. Items in your shopping cart will consistently showing the
latest value displayed on the item's detail page.
22.2. In case of Cash On
Delivery (COD) mode, the customer has to pay the delivery fee at time of
placing an order.
22.3. We do not offer any
merchant to adjust the price for any product on between our Platform and on
different Platforms.
22.4. After placing an order
when the seller or Apnar Bazar shipped the product, the customer cannot cancel
the order.
22.5. We are committed to
provide our clients with the most accurate evaluation data on the site. The
price and other information shown on the Platform during the order have been
made will be count as valid product data. Though the price or other information
of any product displayed on the Platform may differ from time to time due to
the unavoidable circumstances (i.e. stock out, force majeure etc.) and Apnar
Bazar reserve the right to change any information or price data of any product.
On this event, we will contact you to take necessary steps i.e. requesting
cancel the order. If any user requesting cancel the order, upon the
confirmation of the request, your prepayment shall be paid. In the event of an
off-chance of such a return on your prepaid request, our method of discount
will apply. The amount of the discount is usually determined and depends on any
kind of markdown and exclusion of the distribution charge. As we process your
request, you will be notified via email or SMS if any of the items you
requested are not accessible. Provided that, there are situations and
circumstances when a request cannot be maintained for a variety of reasons. In
these circumstances, you will be contacted. Apnar Bazar reserve the right to
cancel an order anytime due to the unavoidable circumstance.
23. SECURITY AND FRAUD
23.1. When you use a voucher,
you expressly warrant to Apnar Bazar that the voucher is non-transferable and
you are the only beneficiary of the voucher and that you are using it in
compliance with good belief.
23.2. If you recover, endeavor
to reclaim or support the recovery of voucher to acquire limits which you are
not entitled to, you might be committing a criminal offense.
23.3. If we sensibly accept
that any voucher is being used unlawfully or illegally, we may reject or drop
any voucher/request and you concur that you will have no case against us in
regard of any dismissal or crossing out of any voucher. Apnar Bazar reserve the
right to make any decision which seems suitable.
24. MASS PURCHASING
We reserve all the right to
your request for mass purchasing of any product for business or any other
purposes. To ensure stock accessibility we apply the breaking points of some of
our items so that our clients can purchase the items properly according to the
situation.
25. STOCK AVAILABILITY
Orders are subject to
stock availability. If ay product is out of stock, the order of that product
can be cancelled at any time without any notice.
26. DELIVERY TIMELINE
26.1. The delivery may take longer
than usual timeline as delivery deadlines are subject to estimates only. Only
working days will be calculated in Delivery timeline. Delivery may be delayed
due to stock issues, political unrest, political events, national/public
holidays etc.
26.2. Apnar Bazar is applying
new delivery method called as Delivery on time (DOT). According to this DOT
method, product will be delivered within minimum 7 to maximum 30 working days.
Provided that, this DOT method is applicable for full payment order only.
26.3. We will arrange for
shipment of the products to you either via our own delivery team, courier,
postal service or any other third party. Shipping schedules are estimates only
and cannot be guaranteed. We are not liable for any delays in the shipments.
Sometimes, delivery may take longer due to bad weather, political disruptions
and other unforeseen circumstances. Title and risk of loss and damages pass on
to you upon the products delivery to you.
26.4. If a user has placed an order
before, the wallet money will not be able to place a new order until the order
is delivered. That is, the new order cannot be paid through the wallet until
the previous order is successfully delivered.
26.5. In case of post office
delivery customer have to carry all the postal charges.
27. DELIVERY CHARGE(S)
27.1. Apnar Bazar will not bear
any delivery charges for the order(s). Either users will pay the delivery
charge or the seller will exempt the delivery charge. Provided that, if any
delivery fails due to customer negligence or any other reason from the customer
end, then the customer is bound to pay the return courier charge(s) as well as
the re-delivery charge(s) also.
27.2. Apnar Bazar has gift card
option where customer can buy gift balance from Apnar Bazar Platform. After
purchasing gift-card, it will be valid in between the given time period. After
expiry of the time period the gift cards will not valid. Gift card
purchasing amount is not refundable.
28. RETURNS POLICY
28.1. If you received item as
defective/damaged or delivered at the time of error/loss, please contact us
within 03 working days after receiving such damaged, defective or delayed
products. Your item may be eligible for a discount or any other option
available depending on the item class and conditions.
28.2. For clarification, few
items are not qualified for return if the item is tagged as "No return for
this product".
28.3. For gadget related items,
the customer will be entitled to the brand guarantee or warranty (if any,
issued by relevant authority of that product).
28.4. Please note that, you
should keep and be able to provide proper documentations and proof at the time
of your return/refund claim (i.e. unboxing video, receiving invoice, etc.).
28.5. Change of mind is not
acceptable.
28.6. Refund/ replacement for
products are subject to inspection and checking by Apnar Bazar team.
28.7. Damages due to neglect,
improper usage or fault by customer will not be covered under our Returns
Policy.
28.8. All items to be returned
or exchanged must be unused and in their original condition with all original
tags and packaging intact and should not be broken or tampered with.
28.9. Replacement is subject to
availability of stock. If the product is out of stock, you will receive a full
refund, no questions asked.
28.10. Please note that the Cash
on Delivery convenience charge and the shipping charge would not be included in
the refund value of your order as these are non-refundable charges.
28.11. If the item came with the
free promotional items (including but not limited to gifts/ points/wallet
money) the free item must also be returned/refunded.
29. CANCELLATION
Apnar Bazar reserves the
inalienable right to cancel an order in full discretion prior to dispatch and
is not limited to any reason which may include, but is not limited to, delivery
of any product, out of stock, expired, defective, damaged and incorrect
information or details arising out of technical or typographic errors or by any
other reason.
30. RESELL
Products reselling is
strongly prohibited in Apnar Bazar. If we found that you resell the
products after purchasing from our Platform, we have the full authority to
block or suspend your account without any notice and all pending order and all
credit point balances in that account shall be freeze.
31. REFUND POLICY
31.1. The refund will be
processed after we have completed evaluating your return.
31.2. Customer need to report
through a refund and should mention his/her desired refund type (i.e. mobile
banking/bank) along with details (mobile banking personal number, bank account
details). Balance will try to initiate refund within customer’s payment method
(card/mobile banking or bank deposit). Provided that, Apnar Bazar retains the
right and has the right to consider/reconsider refund via another flexible
channel(s) to make the refund system faster or to make it easier for the
customer. Apnar Bazar will not give any compensation for late delivery. Apnar
Bazar will give refund only the amount which customer has paid and will not pay
the credit point amount or discount price including the product.
31.3. The refund process may
take up to 30 business days or more, depending on the payment service gateway
provider's terms. Apnar Bazar retains the right and has the right to
consider/reconsider refund via another flexible channel(s) to make the refund
system faster or to make it easier for the customer.
31.4. The customer will not be
eligible for any extra credit point /bonus against his principal amount in case
of refunds. Apnar Bazar is not bound to pay any kind of service charge or cost
for the refunded amount.
31.5. Please note that the Cash
on Delivery convenience charge and the shipping charge would not be included in
the refund value of your order as these are non-refundable charges.
31.6. If you have selected Cash
on Delivery (COD), there is no amount to refund because you haven't paid for
your order.
31.7. If online payment is made
once more due to technical error, payment refund will be made.
32. PURCHASING POLICY
32.1. Apnar Bazar is an online
platform where sellers and buyers can directly connect with one another. Apnar
Bazar promotes sellers products and offers in its Platforms and buyers are able
to contact the sellers directly. Apnar Bazar does not manufacture nor does it
take any kind of responsibility for any product sold in its Platform. All the
goods sold in the Apnar Bazar Platform are sold by the sellers of Apnar Bazar
and responsibility is taken by the sellers as per their agreements with Apnar
Bazar.
32.2. Unless it is stated in the
product information that a certain product has guarantee or warranty, Apnar
Bazar does not provide any guarantee or warranty for products, though the
guarantee or warranty service and/or products will be given and provided by
seller only. Apnar Bazar takes no responsibility or liability to provide
service of warranty or guarantee.
32.3. Customers are responsible
for providing information regarding the sellers and are responsible for
checking the originality of such products. Being an online platform for
sellers, as a virtual shopping mall, Apnar Bazar does not store any products
and cannot check the originality of the products and cannot guarantee it unless
it is from their strategic partners. Buyers are advised to directly consult
with the seller for assuring the quality and originality of the products.
32.4. If any customer get any
difficulties or problems mentioned earlier in “Purchasing Policy” Apnar Bazar
will ensure the return of products within 3 business days after receiving the
complaint from the customer. Apnar Bazar always looks out for the best interest
of its users.
32.5. Apnar Bazar is an online
marketplace with thousands of registered sellers and operates as a virtual and
futuristic shopping mall.
32.6. If any product is a
duplicate/replica the sellers shall mention clearly and properly that in their
products. In failure to do so will result in penalization for that seller and
the seller will be held liable for any complaints regarding replica products by
the customer which results financial penalization to the dismissal of the store
from Apnar Bazar’s Platform.
32.7. If the customer cancels
his/her order, then he/she will get refunded with his/her paid amount and will
be disqualified for any kind of offers or credit point associated with the
particular order.
32.8. The refund process will
be operated according to the Refund Policy of this Terms of Use.
33. INTELLECTUAL PROPERTY
RIGHTS
33.1. Apnar Bazar grants you a
limited, personal, nontransferable, nonexclusive, revocable license to access
and use the Platform pursuant to this Agreement and to any additional terms and
policies set forth by Apnar Bazar. All intellectual property rights (including
all copyright, patents, trade marks, service marks, trade names, designs
(including the "look and feel" and other visual or non-literal
elements)) whether registered or unregistered, (hereinafter called the “Intellectual
Property Rights”) in the Platform, (subject to the title & ownership
rights as mentioned below) information content on the Platform, any database
operated by us and all the website design, text and graphics, software, photos,
video, music, sound, and their selection and arrangement, and all software
compilations, underlying source code and software (including applets and
scripts) shall remain our property (or that of our licensors). You shall not,
and shall not attempt to, obtain any title to any such intellectual property.
All rights are reserved.
33.2. None of the material
listed in the clause above may be reproduced or redistributed or copied,
distributed, republished, downloaded, displayed, posted or transmitted in any
form or by any means, sold, rented or sub-licensed, used to create derivative
works, or in any way exploited without our prior express written permission.
You may, however, retrieve and display the content of the website on a computer
screen, store such content in electronic form on disk (but not on any server or
other storage device connected to a network) or print / save one copy of such
content for your own personal, non-commercial use, provided you keep intact all
and any copyright and proprietary notices. You may not otherwise reproduce,
modify, copy or distribute or use for commercial purposes any of the materials
or content on the Platform without our permission.
33.3. “Apnar Bazar”, the Apnar
Bazar logos and variations thereof found on the Platform are trademarks owned
by Apnar Bazar and all use of these marks inures to the benefit of Apnar Bazar.
All rights (including goodwill and, where relevant, trade marks) in Apnar Bazar’s name
are owned by us (or our licensors). Other product and company names mentioned
on the Platform are the trademarks or registered trademarks of their respective
owners.
33.4. Title, ownership rights
and Intellectual Property Rights in and to the content accessed using the
Platform is the property of the applicable content owner or Seller and may be
protected by applicable copyright or other laws of Bangladesh. The Agreement
gives you no rights to such content.
33.5. Subject to the Clause
below, any material you transmit or post or submit to the Platform (or
otherwise to us) shall be considered (and we may treat it as) non-confidential
and non-proprietary, subject to our obligations under data protection
legislation or such legislation which provides for protection of electronic
data under Bangladeshi laws. If for some reason, any part of that statement
does not work as a matter of law, then for anything which you supply to us from
whatever source (i.e. via email, the website or otherwise) you grant us a
royalty-free, perpetual, irrevocable, non-exclusive right to use, copy, modify,
adapt, translate, publish and distribute world-wide any such material.
33.6. All comments,
suggestions, ideas, notes, drawings, concepts or other information: (i)
disclosed or offered to us by you; or (ii) in response to solicitations by us
regarding the Platform; (in each foregoing case, these are called "Ideas")
shall be deemed to be and shall remain our property and you hereby assign by
way of present and future assignment all Intellectual Property Rights in Ideas,
to us. You understand and acknowledge that we have both internal resources and
other external resources which may have developed or may in the future develop
ideas identical to or similar to Ideas and that we are only willing to consider
Ideas on these terms. In any event, any Ideas are not submitted in confidence
and we assume no obligation, express or implied by considering it. Without
limitation, we shall exclusively own all now known or hereafter existing rights
to the Ideas of every kind and nature throughout the world and shall be
entitled to unrestricted use of the Ideas for any purpose whatsoever,
commercial or otherwise without compensation to the provider of the Ideas.
34. DISCLAIMER OF WARRANTY
34.1. WHILE IT IS APNAR BAZAR’S OBJECTIVE
TO MAKE THE PLATFORM ACCESSIBLE AT ALL TIMES, THE PLATFORM MAY BE UNAVAILABLE
FROM TIME TO TIME FOR ANY REASON INCLUDING, WITHOUT LIMITATION, ROUTINE MAINTENANCE.
YOU UNDERSTAND AND ACKNOWLEDGE THAT DUE TO CIRCUMSTANCES BOTH WITHIN AND
OUTSIDE OF THE CONTROL OF APNAR BAZAR, ACCESS TO THE PLATFORM MAY BE
INTERRUPTED, SUSPENDED OR TERMINATED FROM TIME TO TIME. APNAR BAZAR
RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO TERMINATE THE ACCESS TO ANY OR
ALL APNAR BAZAR WEBSITE(S) AND THE RELATED SERVICES OR ANY PORTION THEREOF
AT ANY TIME, WITHOUT NOTICE. APNAR BAZAR SHALL ALSO HAVE THE RIGHT AT ANY TIME
TO CHANGE OR DISCONTINUE ANY ASPECT OR FEATURE OF THE WEBSITE OR MOBILE
APPLICATION, INCLUDING, BUT NOT LIMITED TO, CONTENT, GRAPHICS, OFFERS,
SETTINGS, HOURS OF AVAILABILITY AND EQUIPMENT NEEDED FOR ACCESS OR USE.
FURTHER, APNAR BAZAR MAY DISCONTINUE DISSEMINATING ANY PORTION OF INFORMATION
OR CATEGORY OF INFORMATION, MAY CHANGE OR ELIMINATE ANY TRANSMISSION METHOD AND
MAY CHANGE TRANSMISSION SPEEDS OR OTHER SIGNAL CHARACTERISTICS.
34.2. THE USER EXPRESSLY AGREES
THAT USE OF THE PLATFORM IS AT THE USER’S SOLE RISK. NEITHER APNAR BAZAR, ITS
HOLDING OR SUBSIDIARIES, BUSINESS ASSOCIATES NOR ANY OF THEIR RESPECTIVE
EMPLOYEES, AGENTS AND THIRD PARTY CONTENT PROVIDERS WARRANT THAT USE OF THE
PLATFORM WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS
TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE PLATFORM, OR (II) THE
ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE
PROVIDED THROUGH THE PLATFORM.
34.3. THE PLATFORM IS MADE
ACCESSIBLE ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN
THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION
OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
34.4. WE DO NOT GIVE ANY
WARRANTY THAT THE PLATFORM IS FREE FROM VIRUSES OR ANYTHING ELSE WHICH MAY HAVE
A HARMFUL EFFECT ON ANY TECHNOLOGY.
34.5. WE RESERVE THE RIGHT TO
CHANGE, MODIFY SUBSTITUTE, SUSPEND OR REMOVE WITHOUT NOTICE ANY INFORMATION OR
VOUCHER OR SERVICE FROM THE PLATFORM FORMING PART OF THE SERVICE FROM TIME TO
TIME. YOUR ACCESS TO THE PLATFORM MAY ALSO BE OCCASIONALLY RESTRICTED TO
ALLOW FOR REPAIRS, MAINTENANCE OR THE INTRODUCTION OF NEW FACILITIES OR
SERVICES. WE WILL ATTEMPT TO RESTORE SUCH ACCESS AS SOON AS WE REASONABLY
CAN. WE ASSUME NO RESPONSIBILITY FOR FUNCTIONALITY WHICH IS DEPENDENT ON
YOUR BROWSER OR OTHER THIRD PARTY SOFTWARE TO OPERATE. FOR THE AVOIDANCE
OF DOUBT, WE MAY ALSO WITHDRAW ANY INFORMATION OR VOUCHER FROM THE PLATFORM AT
ANY TIME.
34.6. WE RESERVE THE RIGHT TO
BLOCK ACCESS TO AND / OR TO EDIT OR REMOVE ANY MATERIAL WHICH IN OUR REASONABLE
OPINION MAY GIVE RISE TO A BREACH OF THIS AGREEMENT.
34.7. THIS DISCLAIMER OF
WARRANTY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE,
ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR
TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION
OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH
OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
THE USER SPECIFICALLY ACKNOWLEDGES THAT APNAR BAZAR IS NOT LIABLE FOR THE
DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND
THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH THE USER.
34.8. IN NO EVENT SHALL APNAR
BAZAR, OR ANY BUSINESS ASSOCIATES, THIRD PARTY CONTENT PROVIDERS, THIRD PARTY
ADVERTISERS OR THIRD PARTY SERVICE PROVIDERS, PRODUCING OR DISTRIBUTING THE
PLATFORM AND ANY SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT
LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE
DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE OR MOBILE
APPLICATION. THE USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS CLAUSE
SHALL APPLY TO ALL CONTENT ON THE WEBSITE AND MOBILE APPLICATION.
34.9. IN ADDITION TO THE TERMS
SET FORTH ABOVE, NEITHER APNAR BAZAR, NOR ITS SUBSIDIARIES AND BUSINESS
ASSOCIATES, THIRD PARTY SERVICE PROVIDERS OR THIRD PARTY CONTENT PROVIDERS
SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS,
INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR INAUTHENTICITY
OF, THE INFORMATION CONTAINED WITHIN THE PLATFORM, OR FOR ANY DELAY OR
INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR
LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL
BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING WITHOUT
LIMITATION LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
34.10. WE WILL NOT BE LIABLE FOR
INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES (OR ANY LOSS OF REVENUE, PROFITS,
OR DATA) ARISING IN CONNECTION WITH THIS AGREEMENT, EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR AGGREGATE LIABILITY
ARISING WITH RESPECT TO THIS AGREEMENT WILL NOT EXCEED THE TOTAL OFFER PRICE
PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT.
34.11. APNAR BAZAR SHALL BE
UNDER NO LIABILITY WHATSOEVER IN RESPECT OF ANY LOSS OR DAMAGE ARISING DIRECTLY
OR INDIRECTLY OUT OF THE DECLINE OF AUTHORIZATION FOR ANY TRANSACTION, ON
ACCOUNT OF THE CARDHOLDER HAVING EXCEEDED THE PRESET LIMIT MUTUALLY AGREED
BY US WITH OUR ACQUIRING BANK FROM TIME TO TIME.
35. MONITORING
Apnar
Bazar shall have the right, but not the obligation, to monitor the content of
the Platform at all times, including any chat rooms and forums that may
hereinafter be included as part of the Platform, to determine compliance with
this Agreement and any operating rules established by Apnar Bazar, as well as
to satisfy any applicable law, regulation or authorized government request.
Without limiting the foregoing, Apnar Bazar shall have the right to remove any
material that Apnar Bazar, in its sole discretion, finds to be in violation of
the provisions hereof or otherwise objectionable.
36. PRIVACY
The
User acknowledges that all discussion for ratings, comments, bulletin board
service, chat rooms and/or other message or communication facilities (collectively
“Communities”) are public and not private communications, and that,
therefore, others may read the User’s communications without the User’s
knowledge. Apnar Bazar does not control or endorse the content, messages or
information found in any Communities, and, therefore, Apnar Bazar specifically
disclaims any liability concerning the Communities and any actions resulting
from the User’s participation in any Communities, including any objectionable
content. Generally, any communication which the User posts on the Platform
(whether in chat rooms, discussion groups, message boards or otherwise) is
considered to be non-confidential. If particular web pages permit the
submission of communications that will be treated by Apnar Bazar as
confidential, that fact will be stated on those pages. By posting comments,
messages or other information on the Website or mobile application, User grants
Apnar Bazar the right to use such comments, messages or information for
promotions, advertising, market research or any other lawful purpose. For more
information see Apnar Bazar’s Privacy Policy.
37. LICENSE GRANT
By
posting communications on or through the Platform, the User shall be deemed to
have granted to Apnar Bazar, a royalty-free, perpetual, irrevocable &
non-exclusive license to use, reproduce, modify, publish, edit, translate,
distribute, perform, and display the communication alone or as part of other
works in any form, media, or technology whether now known or hereafter
developed, and to sublicense such rights through multiple tiers of
sub-licensees.
38. INDEMNITY
The
User agrees to defend, indemnify and hold harmless Apnar Bazar, its parent,
subsidiaries, affiliates, third-parties and their respective officers,
directors, agents, and employees from and against all claims and expenses,
including attorneys’ fees, arising out of claims based upon the use of User's
actions or inactions, including but not limited to any warranties,
representations or undertakings or in relation to the non-fulfillment of any of
its obligations under this Agreement or arising out of the User's infringement
of any applicable laws, regulations including but not limited to Intellectual
Property Rights, confidentiality obligations, payment of statutory dues and
taxes, claim of libel, defamation, violation of rights of privacy or publicity,
loss of service by other users and infringement of intellectual property or
other rights. This clause shall survive the expiry or termination of this
Agreement.
39. TERMINATION
39.1. Apnar Bazar may
terminate this Agreement at any time. Without limiting the foregoing, Apnar
Bazar shall have the right to immediately terminate any passwords or
accounts of a User in the event of any conduct by the User which Apnar Bazar,
in its sole discretion, considers to be unacceptable, or in the event of any
breach by User of this Agreement. All such provisions wherein the context so
requires, including Clauses on Intellectual Property Rights, Disclaimer of
Warranty, License Grant, Indemnity and Termination above will survive expiry or
termination of this Agreement.
39.2. Our right to terminate
this Agreement shall not prejudice any other right or remedy we may have in
respect of any breach or any rights, obligations or liabilities accrued prior
to termination.
40. THIRD PARTY CONTENT
40.1. Apnar Bazar is the provider
of the Platform only and not a publisher of content supplied by third parties
and Users. Accordingly, Apnar Bazar does not have editorial control over
such content. Any opinions, advice, statements, services, Offers, or other
information or content expressed or made available by third parties, including
third party content providers, or any other Users are those of the respective
author(s) or distributors and not of Apnar Bazar.
40.2. Neither Apnar Bazar nor
any third-party provider of information guarantees the accuracy, completeness,
or usefulness of any content, nor its merchantability or fitness for any
particular purpose (refer to the Clause for ‘Disclaimer of Warranty’ above for
the complete provisions governing limitation of liabilities and disclaimers of
warranty).
40.3. In many instances, the
content available through the Platform represents the opinions and judgments of
the respective information provider, User, or other users not under contract
with Apnar Bazar. Apnar Bazar neither endorses nor is responsible for the
accuracy or reliability of any opinion, advice or statement made on the
Platform by anyone other than authorized Apnar Bazar employee /
spokespersons while acting in official capacities.
40.4. Under no circumstances
will Apnar Bazar be liable for any loss or damage caused by User’s reliance on
information obtained through the Platform. It is the responsibility of User to
evaluate the accuracy, completeness or usefulness of any information, opinion,
advice etc. or other content available through the Platform.
40.5. The Platform contains
links to third party websites maintained by other content providers. These
links are provided solely as a convenience to you and not as an endorsement by Apnar
Bazar of the contents on such third-party websites and Apnar Bazar hereby
expressly disclaims any representations regarding the content or accuracy of
materials on such third-party websites. If the User decides to access linked
third-party websites, the User does so at his/her own risk.
40.6. Unless you have executed
a written agreement with Apnar Bazar expressly permitting you to do so,
you may not provide a hyperlink to the website from any other website. Apnar
Bazar reserves the right to revoke its consent to any link at any time in
its sole discretion.
41. ADVERTISEMENT
41.1. Apnar Bazar may place
advertisements in different locations on the Platform and at different points
during use of the Platform. These locations and points may change from time to
time - but we will always clearly mark which goods and services are
advertisements (i.e. from persons other than us), so that it is clear to you
which goods and services are provided on an objective basis and which are not
(i.e. the advertisements).
41.2. You are free to select or
click on advertised goods and services or not as you see fit.
41.3. Any advertisements may be
delivered on our behalf by a third party advertiser.
41.4. No SPDI will be used during
the course of serving our advertising, but, on our behalf, our third party
advertiser or affiliate may place or recognize a unique "cookie" on
your browser (see our Privacy Policy about this). This cookie will not collect
personal data about you nor is it linked to any personal data about you. If you
would like more information about this practice and to know your choices about
not having this information used by any company.
42. FORCE MAJEURE
Without
prejudice to any other provision herein, Apnar Bazar shall not be liable for
any loss, damage or penalty as a result of any delay in or failure to deliver
or otherwise perform hereunder due to any cause beyond Apnar Bazar’s control,
including, without limitation, acts of the User, embargo or other governmental
act, regulation or request affecting the conduct of Apnar Bazar’s business,
fire, explosion, accident, theft, vandalism, riot, acts of war, strikes or
other labour difficulties, lightning, flood, windstorm or other acts of God.
43. ENTIRE AGREEMENT
This
Agreement, our Terms of Use and our Policy (including our cookie policy)
constitutes the entire agreement of the parties with respect to the subject
matter hereof. No representation, undertaking or promise shall be taken to have
been given or be implied from anything said or written in negotiations between
the parties prior to this Agreement except as expressly stated in this
Agreement. Neither party shall have any remedy in respect of any untrue
statement made by the other upon which that party relied on when entering into
this Agreement (unless such untrue statement was made fraudulently or was as to
a matter fundamental to a party’s ability to perform this Agreement) and that
party’s only remedies shall be for breach of contract as provided in this
Agreement. However, the service is provided to you under our operating rules,
policies, and procedures as published from time to time on the Website.
44. WAIVER
No
waiver by either party of any breach or default hereunder is a waiver of any
preceding or subsequent breach or default.
45. HEADING
The
headings and sub-headings herein are included for convenience and
identification only and are not intended to describe, interpret, define or
limit the scope, extent or intent of this Policy or Agreement.
46. SEVERABILITY
If any
provision of this Agreement is held invalid by a court of competent
jurisdiction, such invalidity shall not affect the enforceability of any other provisions
contained in this Agreement and the remaining portions of this Agreement shall
continue in full force and effect. The failure of either party to exercise any
of its rights under this Agreement shall not be deemed a waiver or forfeiture
of such rights or any other rights provided hereunder.
47. GOVERNING LAW
This
Agreement and each Offer shall be governed by and constructed in accordance
with the laws of Bangladesh without reference to conflict of laws principles
and disputes arising in relation hereto shall be subject to the exclusive
jurisdiction of the courts of Dhaka, Bangladesh.
48. RELATIONSHIP
None of
the provisions of this Agreement, terms and conditions, notices or the right to
use the Platform by the User contained herein or any other section or pages of
the Platform and/or the linked sites, shall be deemed to constitute a
partnership between the User and Apnar Bazar and/or between the Seller or Apnar
Bazar and no party shall have any authority to bind or shall be deemed to be
the agent of the other in any way. It may be noted, however, that if by using
the Platform, the User authorizes Apnar Bazar and its agents to access third
party sites designated by them or on their behalf for retrieving requested information,
the User shall be deemed to have appointed Apnar Bazar and its agents as
his/her agent for this purpose.
49. APPLICABILITY
All
provisions of this Agreement apply equally to and are for the benefit of Apnar
Bazar, its subsidiaries, any holding companies of Apnar Bazar, its (for their)
affiliated and it (or their) third party content providers and licensors and
each shall have the right to assert and enforce such provisions directly or on
its own behalf (save that this Agreement may be varied or rescinded without the
consent of those
parties).
50. PRODUCTS/SERVICES TAKE
DOWN POLICY
50.1. We want to list the
Products and/or Services of genuine Sellers on our Platform in order to ensure
that infringing Products and/or Service are removed from the Platform, as
they affect your and genuine Seller’s valuable trust.
50.2. We do not and cannot
verify if the Sellers have the right or ability to sell or distribute
their listed Products and/or Services. However, we are committed to
removing any infringing or unlicensed Product and/or Service once an authorized
representative of the rights owner properly reports them to us. We
sincerely want to ensure that item listings do not infringe upon the
copyright, trademark or other Intellectual Property Rights of third
parties. We have the ability to identify and request removal of allegedly
infringing Products and/or Services. Any person or company who holds
Intellectual Property Rights (such as a copyright, trademark or patent)
which may be infringed upon by Products and/or Services listed on the
Platform is encouraged to report the same to the grievance officer of Apnar
Bazar (“Grievance Officer”).
51. CONTACT US
If you
have any questions regarding our Policy or our Terms of Use, you may contact us
at the details mentioned below:
Apnar
Bazar.Com
Address: KA-11/2/A,
Bashundhara Main Road, Dhaka
E-mail: support@apnarbazar.com
Time: Sunday to Thursday (10:00
to 18:00)
Hotline: +8809638021904