Terms & Condition
Introduction and Acceptance of the Terms and Conditions
The information provided on the Site is not intended to be distributed or used by any person or entity in any jurisdiction or country where such distribution or use would be contrary to the law or regulations or subject to any registration requirement in our jurisdiction or country.
Accordingly, individuals who choose to access the Site from other locations do so on their own initiative and are solely responsible for local law enforcement and, if applicable at the local level.
Option 1: The site is designed for users who are at least 18 years old. People under the age of 18 are not allowed to use or register for the site.
Option 2: [Site age intended for users at least 13 years old] All users who are minors (usually under 18 years of age) must have permission and direct supervision to use the site by their parents or guardians. If you are a minor, you must read and agree to these Terms before your parents or guardians can use 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
Access to the Website
We work hard to ensure that the website is always ready and available but we cannot guarantee that the website will not have downtime for any reason. We reserve the right to shut down the website for a short period of time for general maintenance, but will try to keep it to a minimum. If for any reason all or part of the Website is unavailable at any time, for any period of time, we are not responsible.
To access certain features for parts of the website you need to input a password to be able to give you details related to your order while still keeping it private. To do this, as part of our security approach, NoonExpress By enters your email and chooses a secure password. You need to register an account with the take. We recommend that you choose a strong password that is hard for others to guess, and that you log out of your account at the end of each session. If you forget your password, there is a way to reset a password. Your account login information must be treated as confidential, disclosed to any third party and not used solely by Noon Express. If you think there may be a security breach, it is your responsibility to notify us immediately and change your password if possible to log in.
It is a condition of your use of the website that all the information you provide on the website is accurate, current and complete. We reserve the right, at our discretion, to disable any user account at any time for any reason or for any reason, in our opinion, if you fail to comply with any provision of these Terms of Service.
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.
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
We will always endeavour 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
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 (Noonexpressis 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.
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
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.
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
TERM AND TERMINATION
and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF
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
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
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
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
Site or to supply any corrections, updates, or releases in connection
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
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.
Exceptions to [Informal Negotiations and]
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
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 and
such Dispute shall 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.
LIMITATIONS OF LIABILITY
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
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)
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
COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
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.
DHAKA USERS AND
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
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
operate as a waiver of such right or provision.
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
If any provision or part of a provision of
and does not affect the validity and enforceability of any remaining
provisions. There is no joint venture, partnership, employment or agency
use of the Site.
construed against us by virtue of having drafted them. You hereby waive any and
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.