Terms and Conditions শর্তাবলী

3.1 YOUR ACCOUNT

3.2 PRIVACY

Please review our Privacy Policy, which also governs your visit to the Site. The personal information / data provided to us by you or your use of the Site will be treated as strictly confidential, in accordance with the Privacy Policy and applicable laws and regulations. If you object to your information being transferred or used in the manner specified in the Privacy Policy, please do not use the Site.

3.3 PLATFORM FOR COMMUNICATION

You agree, understand and acknowledge that the Site is an online platform that enables you to purchase Products listed at the price indicated therein at any time from any location using a payment method of your choice. You further agree and acknowledge that we are only a facilitator and cannot be a party to or control in any manner any transactions on the Site or on a payment gateway as made available to you by an independent service provider. Accordingly, the contract of sale of Products on the Site shall be a strictly bipartite contract between you and the Sellers on our Site while the payment processing occurs between you, the service provider and in case of prepayments with electronic cards your issuer bank. Accordingly, the contract of payment on the Site shall be strictly a bipartite contract between you and the service provider as listed on our Site.

3.4 CONTINUED AVAILABILITY OF THE SITE

We will do our utmost to ensure that access to the Site is consistently available and is uninterrupted and error-free. However, due to the nature of the Internet and the nature of the Site, this cannot be guaranteed. Additionally, your access to the Site may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.

3.5 LICENSE TO ACCESS THE SITE

3.6. YOUR CONDUCT

You must not use the Site in any way that causes, or is likely to cause, the Site or access to it to be interrupted, damaged or impaired in any way. You must not engage in activities that could harm or potentially harm the Site, its employees, officers, representatives, stakeholders or any other party directly or indirectly associated with the Site or access to it to be interrupted, damaged or impaired in any way. You understand that you, and not us, are responsible for all electronic communications and content sent from your computer to us and you must use the Site for lawful purposes only.

3.7 RESTRICTIONS

3.8 YOUR SUBMISSION

Anything that you submit to the Site and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, “Submissions”) will become our sole and exclusive property and shall not be returned to you. In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit, in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions without any notice or legal course applicable to us in this regard.

3.9 CLAIMS AGAINST OBJECTIONABLE CONTENT

We list thousands of Products for sale offered by numerous Sellers on the Site and host multiple comments on listings, it is not possible for us to be aware of the contents of each product listed for sale, or each comment or review that is displayed. Accordingly, we operate on a “claim, review and takedown” basis. If you believe that any content on the Site is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of Bangladesh or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, (“Objectionable Content”), please notify us immediately by following by writing to us on legal@onnow.io. We will make all practical endeavours to investigate and remove valid objectionable content complained about within a reasonable amount of time.

Please ensure to provide your name, address, contact information and as many relevant details of the claim including name of objectionable content party, instances of objection, proof of objection amongst other. Please note that providing incomplete details will render your claim invalid and unusable for legal purposes.

3.10 CLAIMS AGAINST INFRINGING CONTENT

We respect the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please write to us at legal@onnow.io and we will make all reasonable efforts to address your concern within a reasonable amount of time. Please ensure to provide your name, address, contact information and as many relevant details of the claim including name of infringing party, instances of infringement, proof of infringement amongst other. Please note that providing incomplete details will render your claim invalid and unusable for legal purposes. In addition, providing false or misleading information may be considered a legal offense and may be followed by legal proceedings.

We also respect a manufacturer’s right to enter into exclusive distribution or resale agreements for its Products. However, violations of such agreements do not constitute intellectual property rights infringement. As the enforcement of these agreements is a matter between the manufacturer, distributor and/or respective reseller, it would not be appropriate for us to assist in the enforcement of such activities. While we cannot provide legal advice, nor share private information as protected by the law, we recommend that any questions or concerns regarding your rights may be routed to a legal specialist.

3.11 TRADEMARKS AND COPYRIGHTS

3.12 DISCLAIMER

3.13 INDEMNITY

3.14 THIRD PARTY BUSINESSES

Parties other than Onnow and its affiliates may operate stores, provide services, or sell product lines on the Site. For example, businesses and individuals offer Products via Marketplace. In addition, we provide links to the websites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant or endorse the offerings of any of these businesses or individuals, or the content of their websites. We do not assume any responsibility or liability for the actions, Products, and content of any of these and any other third-parties. You can tell when a third-party is involved in your transactions by reviewing your transaction carefully, and we may share customer information related to those transactions with that third-party. You should carefully review their privacy statements and related terms and conditions.

3.14 THIRD PARTY BUSINESSES

Parties other than Onnow and its affiliates may operate stores, provide services, or sell product lines on the Site. For example, businesses and individuals offer Products via Marketplace. In addition, we provide links to the websites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant or endorse the offerings of any of these businesses or individuals, or the content of their websites. We do not assume any responsibility or liability for the actions, Products, and content of any of these and any other third-parties. You can tell when a third-party is involved in your transactions by reviewing your transaction carefully, and we may share customer information related to those transactions with that third-party. You should carefully review their privacy statements and related terms and conditions.

3.15 COMMUNICATING WITH US

When you visit the Site, or send e-mails to us, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order with us. We may communicate with you by e-mail, SMS, phone call or by posting notices on the Site or by any other mode of communication we choose to employ. For contractual purposes, you consent to receive communications (including transactional, promotional and/or commercial messages), from us with respect to your use of the website (and/or placement of your order) and agree to treat all modes of communication with the same importance.

3.16 LOSSES

We will not be responsible for any business or personal losses (including but not limited to loss of profits, revenue, contracts, anticipated savings, data, goodwill, or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the Site.

3.17 AMENDMENTS TO CONDITIONS OR ALTERATIONS OF SERVICE AND RELATED PROMISE

We reserve the right to make changes to the Site, its policies, these terms and conditions and any other publicly displayed condition or service promise at any time. You will be subject to the policies and terms and conditions in force at the time you used the Site unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

3.18 EVENTS BEYOND OUR CONTROL

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.

3.19 WAIVER

You acknowledge and recognize that we are a private commercial enterprise and reserve the right to conduct business to achieve our objectives in a manner we deem fit. You also acknowledge that if you breach the conditions stated on our Site and we take no action, we are still entitled to use our rights and remedies in any other situation where you breach these conditions.

3.20 TERMINATION

In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the User Agreement or revoke any or all of your rights granted under the Terms and Conditions. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that the Site shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Site or with any terms, conditions, rules, policies, guidelines, or practices in operating the Site, your sole and exclusive remedy is to discontinue using the Site.

3.21 GOVERNING LAW AND JURISDICTION

These terms and conditions are governed by and construed in accordance with the laws of The People’s Republic of Bangladesh. You agree that the courts, tribunals and/or quasi-judicial bodies located in Dhaka, Bangladesh shall have the exclusive jurisdiction on any dispute arising inside Bangladesh under this Agreement.

3.22 CONTACT US

You may reach us at +880 1714-245644 by phone.

3.23 OUR SOFTWARE

4.1 CONDITIONS RELATED TO SALE OF THE PRODUCT OR SERVICE

This section deals with conditions relating to the sale of Products or services on the Site.

4.2 THE CONTRACT

Your Order is a legal offer to the seller to buy the product or service displayed on our Site. All commercial/contractual terms are offered by and agreed to between you and the Sellers alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to Products and services and after sales services related to Products and services. Onnow does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the you and the Sellers. The seller retains the right to cancel any Order at its sole discretion prior to dispatch. We will ensure that there is timely intimation to you of such cancellation via an email or SMS. Any prepayments made in case of such cancellation(s), shall be refunded to you within the time frames stipulated in the Refund Policy.

4.3 ORDERS

5.1 Delivery Areas

You understand Sellers offer their Products in specific delivery areas and the Seller’s services vary from delivery area to delivery area. By entering your delivery address on the Platforms, you will see the Sellers which are available for Order and delivery at that real time. Delivery area and radius are subject to change due change in weather, traffic, force majeure events etc. In any case, Onnow reserves all rights to change, amend, shrink or expand the delivery area and radius.

5.2 Delivery Time

Delivery might be delayed due to force majeure event which includes, but not limited to, political unrest, political event, national/public holidays etc.

Onnow shall deliver your Order to the delivery address provided by You. An estimated delivery time will be provided to you in your email confirmation but the delivery time might take longer than the provided timeframe to be mentioned by Onnow through the Platforms or email. You can view the remaining delivery time of an Order in the Platform. You acknowledge that the delivery time we provide is only an estimate and Orders may arrive earlier or later. You should also ensure either Your or your representative is available to take delivery of the Order at the provided delivery address.

5.3 Unsuccessful or Failed Deliveries

Please check our Cancellation and Refund Policy at: Cancellation & Refund Policy

5.4 Wrong and Defective Orders

Please check our Cancellation and Refund Policy at: Cancellation & Refund Policy

8.1 All prices are listed in Bangladeshi Taka (BDT) and are inclusive of VAT and are listed on the Site by the seller that is selling the product or service. Items in your Shopping Cart will always reflect the most recent price displayed on the item’s product detail page. Please note that this price may differ from the price shown for the item when you first placed it in your cart. Placing an item in your cart does not reserve the price shown at that time. It is also possible that an item’s price may decrease between the time you place it in your basket and the time you purchase it.

8.2 We do not offer price matching for any items sold by any seller on our Site or other websites.

8.3 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 Site. 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 prepayment processed. If such a cancellation occurs on your prepaid Order, our policies for refund will apply. Please note that Onnow posses 100% right on the refund amount. Usually refund amount is calculated based on the customer paid price after deducting any sort of discount and shipping fee.

8.4 We list availability information for Products listed on the Site, including on each product information page. Beyond what we say on that page or otherwise on the Site, we cannot be more specific about availability. Please note that dispatch estimates are just that. They are not guaranteed dispatch times and should not be relied upon as such. As we process your Order, you will be informed by e-mail or SMS if any Products you Order turn out to be unavailable.

8.5 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.

8.6 In order to avoid any fraud with credit or debit cards, we reserve the right to obtain validation of your payment details before providing you with the product and to verify the personal information you shared with us. This verification can take the shape of an identity, place of residence, or banking information check. The absence of an answer following such an inquiry will automatically cause the cancellation of the Order within a reasonable timeline. We reserve the right to proceed to direct cancellation of an Order for which we suspect a risk of fraudulent use of banking instruments or other reasons without prior notice or any subsequent legal liability.

8.7 Refund Voucher

• Refund voucher can be redeemed on our Website, as full or part payment of Products from our Website within the given timeline.
• Refund voucher cannot be used from different account.
• Vouchers are not replaceable if expired.
• Refund Voucher code can be applied only once. The residual amount of the Refund Voucher after applying it once, if any, will not be refunded and cannot be used for next purchases even if the value of Order is smaller than remaining voucher value.

8.8 Promotional Vouchers

• Each issued promotional voucher (App voucher and New customer voucher) will be valid for use by a customer only once. Multiple usages changing the identity is illegal.
• Promotional voucher is non-refundable and cannot be exchanged for cash in part or full and is valid for a single transaction only.
• Promotional voucher may not be valid during sale or in conjunction with any special promotion.
• Voucher will work only if minimum purchase amount and other conditions are met.
• Onnow reserves the right to vary or terminate the operation of any voucher at any time without notice.
• Onnow shall not be liable to any customer or household for any financial loss arising out of the refusal, cancellation or withdrawal of any voucher or any failure or inability of a customer to use a voucher for any reason.
• Vouchers are not replaceable if expired.
• No promotional offer can be made for baby nutrition Products.

8.9 Promotional Items

• One customer will be able to purchase one 11tk deal and mystery box during the promotional period.

8.10 Security and Fraud

• When you use a voucher, you warrant to Onnow that you are the duly authorized recipient of the voucher and that you are using it in good faith.
• If you redeem, attempt to redeem or encourage the redemption of voucher to obtain discounts to which you are not entitled you may be committing a civil or criminal offence.
• If we reasonably believe that any voucher is being used unlawfully or illegally we may reject or cancel any voucher/Order and you agree that you will have no claim against us in respect of any rejection or cancellation. Onnow reserves the right to take any further action it deems appropriate in such instances.

11.1 We are not responsible for any non-performance or breach of any contract entered into between you and the Sellers. We cannot and do not guarantee your actions or those of the sellers as they conclude transactions on the Site. We are not required to mediate or resolve any dispute or disagreement arising from transactions occurring on our Site.

11.2 We do not at any point of time during any transaction as entered into by you with a third party on our Site, gain title to or have any rights or claims over the Products or services offered by a seller. Therefore, we do not have any obligations or liabilities in respect of such contract(s) entered into between you and the seller(s). We are not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of Products which are out of stock, unavailable or back ordered.

11.3 Pricing on any product(s) or related information as reflected on the Site may due to some technical issue, typographical error or other reason by incorrect as published and as a result you accept that in such conditions the seller or the Site may cancel your Order without prior notice or any liability arising as a result. Any prepayments made for such Orders will be refunded to you per our refund policy.

11.4 The image of the food or meal shown the Site may vary from what you actually receive in your Order and Onnow shall not be laible in any manner for such variation.