Introduction and Acceptance of the Terms and Conditions
These Terms of Use constitute a legally binding agreement made
between you, whether personally or on behalf of an entity (“you”) and Noonexpress(“we,”
“us” or “our”), concerning your access to and use of the www.noonexpressbazaar.com
website as well as any other media form, media channel, mobile website or
mobile application related, linked, or otherwise connected thereto
(collectively, the “Site”). This Site is owned and operated by Noonexpress
You agree that by accessing the Site, you have read, understood,
and agree to be bound by all of these Terms of Use. If you do not agree with
all of these Terms of Use, then you are expressly prohibited from using the
Site and you must discontinue use immediately.
Supplemental terms and conditions or documents that may be
posted on the Site from time to time are hereby expressly incorporated herein
by reference. We reserve the right, in our sole discretion, to make changes or
modifications to these Terms of Use at any time and for any reason.
We will alert you about any changes by updating the “Last
updated” date of these Terms of Use, and you waive any right to receive
specific notice of each such change.
It is your responsibility to periodically review these Terms of
Use to stay informed of updates. You will be subject to, and will be deemed to
have been made aware of and to have accepted, the changes in any revised Terms
of Use by your continued use of the Site after the date such revised Terms of
Use are posted.
The information provided on the Site is not intended for
distribution to or use by any person or entity in any jurisdiction or country
where such distribution or use would be contrary to law or regulation or which
would subject us to any registration requirement within such jurisdiction or
country.
Accordingly, those persons who choose to access the Site from
other locations do so on their own initiative and are solely responsible for
compliance with local laws, if and to the extent local laws are applicable.
Option 1: The Site is intended for users who are at least 18
years old. Persons under the age of 18 are not permitted to use or register for
the Site.
Option 2: [The Site is intended for users who are at least 13
years of age.] All users who are minors in the jurisdiction in which they
reside (generally under the age of 18) must have the permission of, and be
directly supervised by, their parent or guardian to use the Site. If you are a
minor, you must have your parent or guardian read and agree to these Terms of
Use prior to you using the Site.
Terms of
Service and the Website
Noonexpress is a work in progress, and as such things may
change, be added or be taken away. We reserve the right to update the Website
and these Terms of Service from time to time, at our discretion and without any
notice. It is solely your responsibility to keep up-to-date with the latest
Terms and Conditions by checking back regularly. Your continued use of the
Website following the publishing of updated Terms of Service will be taken to
mean that you have read and agree to the changes.
Access to
the Website
We work hard to ensure the Website is always up and available,
but we can’t guarantee that the Website will not have downtime for any reason.
We reserve the right to close the Website for short periods of time for general
maintenance, but will attempt to keep this to a minimum. We will not be liable
if for any reason all or any part of the Website is unavailable at any time,
for any length of time.
Parts of the Website require you to input a password to access
certain features. This is to be able to give you details relevant to your order
whilst still keeping them private to you. To do this, as part of our security
procedures, we require you to register an account with Noonexpress by
entering your email and choosing a secure password. We highly recommend that
you choose a strong password that is hard for others to guess, and you log out
from your account at the end of every session. There is a password reset
procedure in case you forget your password. You must treat your account log-in
information as confidential, not disclosing it to any third party and only
using Noonexpress in person. If you think there may have been any breach
of security then it is your responsibility to notify us immediately and if
log-in is possible, to change your password.
It is a condition of your use of the Website that all the
information you provide on the Website is correct, current and complete. We
reserve the right to disable any user account in our sole discretion, at any
time for any or no reason, including if, in our opinion, you have failed to
comply with any provision of these Terms of Service.
We do not guarantee that the Website or any content provided on
the Website is error free. We manage your personal data according to our
Privacy Policy.
Product
information
Noonexpress takes great care when putting product information,
descriptions and images on-line but will not be held responsible for any
mistakes or omissions to any information given.
Prices
The prices indicated on Noonexpress are shown 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, and do not include delivery.
The delivery costs are clearly shown and invoiced at the end of the order in
addition to the price of the products. We reserve the right to modify our
prices at any moment but this will be indicated to you on the order at the time
the order is placed. If an obviously incorrect price appears on our website and
is not corrected on your total at the time of order completion, for whatever
reason (human error, technical error etc.), your order will be cancelled and
the payment refunded to you, even if it has been initially validated.
Availability
We will always endear out to fulfil your order once completed
and paid for. If a product should become unavailable after your order has been
confirmed and paid for, we will refund the price you paid for the product
within 15 days following the date of payment. If your order includes products
that are temporarily unavailable, we will send the available products out first
and will follow with the outstanding items once they are available again. We
will refund the shipping fees for the rest of the order. If relevant, we will
offer you a replacement for an unavailable product, a product of equal price
and quality. If you accept the replacement, and then wish to return it to us in
the conditions outlined under Right of Return, the return postage will be
covered by us. If you choose to decline this offer, and the original product is
permanently unavailable, we will reimburse the price of the unavailable product.
Secure
payment
Noonexpress currently offers Cash on Delivery, Bkash,
Rocket, Nagad, Visa, and Master Card. These payment options use advanced SSL
encryption to keep your transaction secure and do not cost you anything to use
(Noonexpress is charged as the seller, you are not charged as the buyer) so you
will not pay any extra for your order. You do not need to hold an account with
these Merchants to use these methods of payments.
Delivery
Your order will be delivered to the address you indicated when
your order was placed. The products bought on Noonexpress will be
delivered to one address in Bangladesh. We, as of today, do not deliver to the
other parts of the world.
Noonexpress does everything in its power to respect the delivery
times indicated on the website. We cannot, however, be held responsible for the
consequences of a late delivery or the loss of a package caused by a
third-party contracted to make delivery, or by you, or because of some
unforeseen event or an Act of God. In the event where you do not receive your
package, an investigation will be conducted with the carrier and may take
several days upon receipt of your claim. During this period of investigation, no
reimbursement or re-delivery will take place.
Right of
Return
Please go through our return policy posted in the Site.
Intellectual
ownership
All the content on Noonexpress website (illustrations,
texts, names, brand names, images and videos) is the property of Noonexpress.
Any partial or total reproduction of this content, by any means and on any
support, is subject to prior and express authorization by Noonexpress All
information, content and files is protected by International law concerning
intellectual ownership and copyright. Noonexpress cannot give you the right to
copy, display or distribute content that you do not have the intellectual
rights to. All fraudulent use of this content that violates the rights held by
a third party constitutes an offence of forgery, which is severely punished
under the existing laws of Bangladesh regarding Intellectual Property including
but not limited to Trademarks, Patents & Copyrights.
Noonexpress will not, under any circumstances, be held
responsible if a user violates rights held by a third party through his
activities on the site.
Waiver
and Severability
Any failure of Noonexpress to exercise or enforce any right
or provision of the Terms of Service shall not constitute a waiver of such
right or provision. The Terms of Service constitutes the entire agreement
between you and Noonexpress, and governs your use of the service,
superseding any prior agreements (including, but not limited to, any prior
versions of the Terms of Service). If any provision of these Terms of Service
is held by a court of competent jurisdiction to be invalid, illegal or
unenforceable for any reason, such provision shall be eliminated or limited to
the minimum extent such that the remaining provisions of the Terms of Service
will continue in full force and effect.
These Terms of Use shall remain in full force and effect while
you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE,
WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR
LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP
ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT
LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN
THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE
YOUR USE OR PARTICIPATION IN THE SITE OR DELETE [YOUR ACCOUNT AND] ANY CONTENT
OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE
DISCRETION.
If we terminate or suspend your account for any reason, you are
prohibited from registering and creating a new account under your name, a fake
or borrowed name, or the name of any third party, even if you may be acting on
behalf of the third party.
In addition to terminating or suspending your account, we
reserve the right to take appropriate legal action, including without
limitation pursuing civil, criminal, and injunctive redress.
We reserve the right to change, modify, or remove the contents
of the Site at any time or for any reason at our sole discretion without
notice. However, we have no obligation to update any information on our Site.
We also reserve the right to modify or discontinue all or part of the Site
without notice at any time.
We will not be liable to you or any third party for any
modification, price change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We
may experience hardware, software, or other problems or need to perform
maintenance related to the Site, resulting in interruptions, delays, or errors.
We reserve the right to change, revise, update, suspend, discontinue, or
otherwise modify the Site at any time or for any reason without notice to you.
You agree that we have no liability whatsoever for any loss,
damage, or inconvenience caused by your inability to access or use the Site
during any downtime or discontinuance of the Site. Nothing in these Terms of
Use will be construed to obligate us to maintain and support the Site or to supply
any corrections, updates, or releases in connection therewith.
These Terms of Use and your use of the Site are governed by and
construed in accordance with the laws of Bangladesh.
Any legal action of whatever nature brought by either you or us
(collectively, the “Parties” and individually, a “Party”) shall be commenced or
prosecuted in Dhaka, Bangladesh, and the Parties hereby consent to, and waive
all defenses of lack of personal jurisdiction and forum non convenience with
respect to venue and jurisdiction in such courts.
If the Parties are unable to resolve a Dispute through informal
negotiations, the Dispute (except those Disputes expressly excluded below) will
be finally and exclusively resolved by binding arbitration.
The arbitration shall be commenced and conducted under the
Arbitrations Act, 2001.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
The Parties agree that the following Disputes are not subject to
the above provisions concerning informal negotiations and binding arbitration:
(a) any Disputes seeking to enforce or protect, or concerning the validity of,
any of the intellectual property rights of a Party; (b) any Dispute related to,
or arising from, allegations of theft, piracy, invasion of privacy, or
unauthorized use; and (c) any claim for injunctive relief.
If this provision is found to be illegal or unenforceable, then neither
Party will elect to arbitrate any Dispute falling within that portion of this
provision found to be illegal or unenforceable nor shall such Dispute be
decided by a court of competent jurisdiction within the court for jurisdiction
above.
There may be information on the Site that contains typographical
errors, inaccuracies, or omissions, including descriptions, pricing,
availability, and various other information. We reserve the right to correct
any errors, inaccuracies, or omissions and to change or update the information
on the Site at any time, without prior notice.
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU
AGREE THAT YOUR USE OF THE SITE SERVICES WILL BE AT YOUR SOLE RISK. TO THE
FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT
THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY
WEBSITES LINKED TO THIS SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY
FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2)
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM
YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF
OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION
TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH
MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY
ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF
ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR
OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE,
OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A
THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE
APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A
PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN
YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE
OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD
USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE
LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT,
LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE,
EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to defend, indemnify, and hold us harmless, including
our subsidiaries, affiliates, and all of our respective officers, agents,
partners, and employees, from and against any loss, damage, liability, claim,
or demand, including reasonable attorneys’ fees and expenses, made by any third
party due to or arising out of: (1) [your Contributions]; (2) use of the Site;
(3) breach of these Terms of Use; (4) any breach of your representations and
warranties set forth in these Terms of Use; (5) your violation of the rights of
a third party, including but not limited to intellectual property rights; or
(6) any overt harmful act toward any other user of the Site with whom you
connected via the Site.
Notwithstanding the foregoing, we reserve the right, at your
expense, to assume the exclusive defense and control of any matter for which
you are required to indemnify us, and you agree to cooperate, at your expense,
with our defense of such claims. We will use reasonable efforts to notify you
of any such claim, action, or proceeding which is subject to this
indemnification upon becoming aware of it.
We will maintain certain data that you transmit to the Site for
the purpose of managing the performance of the Site, as well as data relating
to your use of the Site. Although we perform regular routine backups of data,
you are solely responsible for all data that you transmit or that relates to
any activity you have undertaken using the Site.
You agree that we shall have no liability to you for any loss or
corruption of any such data, and you hereby waive any right of action against
us arising from any such loss or corruption of such data. To know in details,
please review our Privacy Policy posted in the Site.
Visiting the Site, sending us emails, and completing online
forms constitute electronic communications. You consent to receive electronic
communications, and you agree that all agreements, notices, disclosures, and
other communications we provide to you electronically, via email and on the
Site, satisfy any legal requirement that such communication be in writing. YOU
HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER
RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF
TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.
You hereby waive any rights or requirements under any statutes,
regulations, rules, ordinances, or other laws in any jurisdiction which require
an original signature or delivery or retention of non-electronic records, or to
payments or the granting of credits by any means other than electronic means.
If any complaint with us is not satisfactorily resolved, you can
contact the Complaint Assistance Unit of the Division of Consumer Services of
the Noonexpress in writing at
These Terms of Use and any policies or operating rules posted by
us on the Site or in respect to the Site constitute the entire agreement and
understanding between you and us. Our failure to exercise or enforce any right
or provision of these Terms of Use shall not operate as a waiver of such right
or provision.
These Terms of Use operate to the fullest extent permissible by
law. We may assign any or all of our rights and obligations to others at any
time. We shall not be responsible or liable for any loss, damage, delay, or
failure to act caused by any cause beyond our reasonable control.
If any provision or part of a provision of these Terms of Use is
determined to be unlawful, void, or unenforceable, that provision or part of
the provision is deemed severable from these Terms of Use and does not affect
the validity and enforceability of any remaining provisions. There is no joint
venture, partnership, employment or agency relationship created between you and
us as a result of these Terms of Use or use of the Site.
You agree that these Terms of Use will not be construed against
us by virtue of having drafted them. You hereby waive any and all defenses you
may have based on the electronic form of these Terms of Use and the lack of
signing by the parties hereto to execute these Terms of Use.
Feedback
& Comments
Any opinions left on the Website by Noonexpress customers
are screened and moderated by Noonexpress If the comments infringe on the
law or are inappropriate (abusive publicity, defamation, insults, out of
context commentary), Noonexpress reserves the right to refuse or modify
it.
