Term Conditions Page
1 Terms & Conditions
1.1 Welcome to
bazar.com. Bazar Nao Limited (“bazarnao”)
provides access to the bazarnao.com website
or the mobile application/app or any other media ("Website") to you subject to the terms and conditions (“Terms”) set out on this page. By using
the Website, you, a registered or guest user in terms of the eligibility
criteria set out herein (“User”) agree to be bound by the Terms. Please read
them carefully as your continued usage of the Website, you signify your agreement
to be bound by these Terms. If you do not want to be bound by the Terms, you
must not subscribe to or use the Website or our services.
1.2 By impliedly or expressly accepting these
Terms, you also accept and agree to be bound by Bazar Nao Policies (including
but not limited to Privacy Policy available at https://bazarnao.com/) as amended from time
to time.
1.3 In these Terms,
references to "you", "User" shall mean the end
user/customer accessing the Website, its contents and using the Services
offered through the Website. References to the “Website”, "Bazar Nao", “bazarnao.com”, "we", "us" and "our"
shall mean the Website and/or Bazar Nao Limited.
1.4 The contents set
out herein form an electronic record in terms of তথ্য ও যোগাযোগ প্রযুক্তি আইন, ২০০৬ (Information &
Communication Technology Act, 2006) and rules there under as applicable and as
amended from time to time. As such, this document does not require any physical
or digital signatures and forms a valid and binding agreement between the
Website and the User.
1.5 The Website is
operated by Bazar Nao Limited., a
company incorporated under the laws of Bangladesh having its registered office
at AGM Chandrima, House 12, Road 08,
Block J, Baridhara, Dhaka, Bangladesh. All references to the Website in
these Terms shall deem to refer to the aforesaid entity in inclusion of the
online portal.
1.6 This Website may
also contain links to other websites, which are not operated by Bazar Nao Limited, and Bazar Nao has no control over the
linked sites and accepts no responsibility for them or for any loss or damage
that may arise from your use of them. Your use of the linked sites will be
subject to the terms of use and service contained within each such site.
1.7 We reserve the
right to change these Terms at any time. Such changes will be effective when
posted on the Website. By continuing to use the Website after we post any such
changes, you accept the Terms as modified.
1.8 These Terms will
continue to apply until terminated by either You or Bazar Nao in accordance with the terms set out below:
1.9 The agreement with
Bazar Nao can be terminated by (i)
not accessing the Website; or (ii) closing Your Account, if such option has
been made available to You.
2. Eligibility
2.1 Use of the Website
is available only to such persons who can legally contract under the Contract
Act, 1872.
2.2 If you are a minor
i.e. under the age of 18 years, you shall not register as a user of bazarnao.com and shall not transact on
or use the Website. As a minor if you wish to use or transact on a website,
such use or transaction may be made by your legal guardian or parents on the
Website. Bazar Nao reserves the
right to terminate your membership and / or refuse to provide you with access
to the website if it is brought to Bazar
Nao’s notice or if it is discovered that you are under the age of 18 years.
2.3 By accepting the
Terms or using or transacting on the Website, the User irrevocably declares and
undertakes that he/she is of legal age i.e. 18 years or older and capable of
entering into a binding contract and such usage shall be deemed to form a
contract between the Website and such User to the extent permissible under
applicable laws.
3. Communication
3.1 When you use bazarnao.com, or contact us via phone
or email, you consent to receive communication from us. You authorize us to
communicate with you by e-mail, SMS, phone call or by posting notices on the
website or by any other mode of communication. 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
your order placed on the Website. Additionally,
any disclosures posted on the site, or sent to you by email fulfill the legal
obligation of communication made in writing.
4. Your Account and
Responsibilities
4.1 Any person may
access the Website either by registering to the Website or using the Website as
a guest. However, a guest user may not have access to all sections of the
Website including certain benefits/promotional offers, which shall be reserved
only for the purpose of registered Users, and which may change from time to
time at the sole discretion of the Website.
4.2 If you wish to
register your account with the Website, you shall be required to create an
account by registering with a valid Bangladeshi mobile number and/or with your
Facebook account or your email address or by filling in the details prescribed
in the Website registration form. You will then receive a password or one-time
PIN with which you can login to the website to place orders.
4.3 If you use the
website, you will be responsible for maintaining the confidentiality of your
username and password and you will be responsible for all activities that occur
under your username and you will be under the obligation to restrict access to
your computer or mobile phone to prevent unauthorized access to your account.
You should inform us immediately if you have any reason to believe that your
password has become known to anyone else, or if the password is being, or is
likely to be, used in an unauthorized manner. You agree that if you provide any
information that is untrue, inaccurate, not current or incomplete or we have
reasonable grounds to suspect that such information is untrue, inaccurate, not
current or incomplete, or not in accordance with this Terms of Use, we have the
right to suspend or terminate your membership on the website.
4.4 The Website may be
inaccessible for such purposes as it may, at its sole discretion deem
necessary, including but not limited to regular maintenance. However, under no
circumstances will Bazar Nao be held
liable for any losses or claims arising out of such inaccessibility to the
Users and the Users expressly waive any claims against Bazar Nao in this regard
5. Charges
5.1 Membership on the
website is free for users. Bazar Nao
does not charge any fee for browsing and buying on the website. Bazar Nao reserves the right to change
its fee policy from time to time. In particular, Bazar Nao may at its sole discretion introduce new services and
modify some or all of the existing services offered on the website. In such an
event, Bazar Nao reserves the right
to introduce fees for the new services offered or amend/introduce fees for
existing services, as the case may be. Changes to the fee policy will be posted
on the website and such changes will automatically become effective immediately
after they are posted on the website.
6. Copyright
6.1 The material
(including the content, and any other content, software or services) contained
on bazarnao.com are the property of Bazar Nao Limited, its subsidiaries, affiliates and/or third-party licensors.
No material on this site may be copied, reproduced, republished, installed,
posted, transmitted, stored or distributed without written permission from Bazar Nao Limited.
6.2 You may not use any “deep-link”,
“page-scrape”, “robot”, “spider” or other automatic device, program, algorithm
or methodology, or any similar or equivalent manual process, to access,
acquire, copy or monitor any portion of the website or any content, or in any
way reproduce or circumvent the navigational structure or presentation of the
website or any content, to obtain or attempt to obtain any materials, documents
or information through any means not purposely made available through the
website. We reserve our right to bar any such activity.
7. Cookies
7.1 This site uses
cookies, which means that you must have cookies enabled on your computer in
order for all functionality on this site to work properly. A cookie is a small
data file that is written to your hard drive when you visit certain Websites.
Cookie files contain certain information, such as a random number user ID that
the site assigns to a visitor to track the pages visited. A cookie cannot read
data off your hard disk or read cookie files created by other sites. Cookies,
by themselves, cannot be used to find out the identity of any user.
8. Promotional Activity
8.1 To promote its services Bazar Nao uses various advertisements and commercials which are truthful and are not deceptive or unfair to the best of our knowledge and belief. Every user is under the obligation to go through the relevant information contained in the Website before using the service and it will be assumed that each user is aware of every information provided in the Website. Images of products in the Website are for and by reference only and actual products may vary from the corresponding image exhibited. The Website disclaims any liabilities arising out of any discrepancies to this end to the fullest extent permitted by law.
9. Referral Campaign Terms & Condition
9.1 Referral campaign will only be available inside Dhaka city.
9.2
Referral balance will only be given for accounts opened in Dhaka city.
9.3
Only referral accounts opened with active phone numbers will be treated as
eligible for referral amounts.
9.4
Bazarnao authority holds power to partially or fully alter or make any
changes to the referral campaign modality with immediate effect.
9.5
Accounts involved in fraudulent activity may and will be frozen/ banned if
significant evidence to support any fraudulent activity is found.
9.6 Referral
wallet balance can only be redeemed by shopping through bazarnao.com
9.7
A highest of 50 members can be referred through a single account.
9.8
Bazarnao will only recognize account holders with the actual names and
only individuals will the account name will be eligible for providing referral
balance and products during the campaign.
9.9 The
referral balance can be used for the entire run-time of the referral campaign.
The amount can’t be used after the referral campaign ends.
10. The Contract
9.1 Your order is an
offer to us to buy the product(s) in your order. When you place an order to
purchase a product from us, you will receive an e-mail and/or SMS to your
mobile phone number confirming receipt of your order and/or containing the
details of your order (the "Order Confirmation E-mail and/or SMS").
The Order Confirmation E-mail and/or SMS is acknowledgment that we have
received your order, but does not confirm acceptance of your offer to buy the
product(s) ordered; that when we send the Order Confirmation Email and/or SMS a
contract called an “agreement to sell” is concluded in accordance with Section
4(3) of the Sale of Goods Act, 1930 i.e. the transfer of the property in the
goods is to take place at a future time when the product(s) is/are delivered to
your designated address. We only accept your offer, and the above “agreement to
sell” becomes a contract of sale for product(s) ordered by you in accordance
with Section 4(4) of the Sale of Goods Act, 1930, when the product(s) is/are
delivered to your designated address and at that time the property in the goods
is transferred from us to you.
9.2 You can cancel
your order for a product at no cost any time before the goods are delivered to
you.
9.3 Please note that
we sell products only in quantities which correspond to the typical needs of an
average household. This applies both to the number of products ordered within a
single order and the placing of several orders for the same product where the
individual orders comprise a quantity typical for a normal household.
11. Product Descriptions
11.1 Bazar Nao attempts to be as accurate as
possible. Bazar Nao does not
manufacture or produce any product by themselves. Therefore, Bazar Nao does not warrant that product
descriptions or other content of any Bazar
Nao product is accurate, complete, reliable, current, or error-free. If a
product offered by Bazar Nao itself
is not as described, your sole remedy is to return it in unused condition.
12. Pricing
12.1 Except where noted otherwise, the list price
or suggested price displayed for products on Bazar Nao represents the full retail price listed on the product
itself, suggested by the manufacturer or supplier, or estimated in accordance
with standard industry practice; or the estimated retail value for a comparably
featured item offered elsewhere. The list price or suggested price is a
comparative price estimate and may or may not represent the prevailing price in
every area on any particular day.
12.2 Despite our best efforts, a small number
of the items in our catalog may be mispriced. If the MRP of an item sold by Bazar Nao is higher than our stated price,
we will, at our discretion, either contact you for instructions before shipping
or cancel your order and notify you of such cancellation. And if the stated
price on the product is lower than Bazar
Nao, we will, either refund the amount or replace the product according to
your preference, when acknowledged.
13. Refund Policy
13.1 Bazar Nao tries its best to serve the users.
But if under any circumstances, we fail to fulfill our commitment or to provide
the service, we will notify you within 24 hours via phone/ text/ email. If the
service that Bazar Nao fails to
complete, requires any refund, it will be done maximum within 10 Days after our acknowledgement.
13.2 Refund requests
will be processed under mentioned situation:
- Unable to serve with
any product.
- Customer returns any
product from a paid order.
- Customer cancels a
paid order before it has been dispatched.
For all the above
three scenarios, the refund amount will be sent to Bazar Nao Balance of the customer. And the balance can only be used
to purchase at Bazar Nao. Upon
customer's request, Bazar Nao will
transfer the refund amount to the user's original payment source within 10
days. Refund is only allowed for customers who have paid via bKash or card or
other electronic method. For the orders that are paid via Cash, refund is only
to be given through Bazar Nao
Credits.
14. Supply Policy:
14.1 Bazar Nao itself does not produce or
manufacture any product, therefore Bazar
Nao tries to control the quality, but does not give quality assurance for
any. We believe the manufacturer/ vendor/ supplier are fully capable of
assuring the quality of every product.
14.2 If any user, at
the time of receiving the order delivery, finds any product injurious to
health/ life/ security, we will take full liability and will accept the return
of that product. If the user faces any threat after 12 hours of the provided
delivery, we will consider it as a lacking within the quality assurance from
the manufacturers or suppliers.
14.3 All products
displayed on the website are subject to change and are subject to availability.
15. Modifications
15.1 Bazar Nao reserves the right to modify
these Terms and Conditions. Such modifications shall be effective immediately
upon posting on bazarnao.com. You are responsible for the reviewing of such
modifications. Your continued access or use of bazarnao.com shall be deemed
your acceptance of the modified terms and conditions.
16. Bazar Nao Software
Terms
16.1 Use of the Bazar Nao Software/Application/App: You
may use Bazar Nao Software/
Application/ App solely for purposes of enabling you to use and enjoy the
services as provided by Bazar Nao,
and as permitted by these Terms. You may not incorporate any portion of the Bazar Nao Software / Application/ App
into your own programs or compile any portion of it in combination with your
own programs, transfer it for use with another service, or sell, rent, lease,
lend, loan, distribute or sub-license the Bazar
Nao Software / Application/ App or otherwise assign any rights to the Bazar Nao Software / Application/ App
in whole or in part. You may not use the Bazar
Nao Software / Application/ App for any illegal purpose. We may cease
providing any Bazar Nao Software /
Application/ App and we may terminate your right to use any Bazar Nao Software / Application/ App
at any time. Your rights to use the Bazar
Nao Software / Application/ App will automatically terminate without notice
from us if you fail to comply with any of these Terms. All software used in any
Bazar Nao Service is the property of
Bazar Nao and/or its affiliates or
its software suppliers and protected by laws of Bangladesh including but not
limited to any other applicable copyright laws.
16.2 Use of
Third-Party Services: When you use the Bazar
Nao Software / Application/ App, you may also be using the services of one
or more third parties, such as a wireless carrier or a mobile platform
provider. Your use of these third-party services may be subject to the separate
policies, terms of use, and fees of those third parties.
16.3 No Reverse
Engineering: You may not, and you will not encourage, assist or authorize any
other person to copy, modify, reverse engineer, decompile or disassemble, or
otherwise tamper with, the Bazar Nao
Software / Application/ App, whether in whole or in part, or create any
derivative works from or of the Bazar
Nao Software / Application/ App.
16.4 Updates: In order to keep the Bazar Nao Software / Application/ App
up-to-date, we may offer automatic or manual updates at any time and without
notice to you.
17. Stock availability
The orders are subject
to availability of stock. If there is any problem with stock then the order can
be canceled at any time, irrespective of any duration.
18. Delivery Timeline
The delivery might
take longer than usual timeframe/line to be followed by Bazar Nao. The delivery timeframe is only subject to estimation and
please consider and calculate the announced timeframe is only subject to
estimation and please consider and calculate the announced timeframe as working
days. It might vary depending upon the circumstances. Delivery might be delayed
due to force majeure events which include, but not limited to, political
unrest, political event, national/public holidays/official holiday(s), etc.
19. Delivery Charge (s)
Bazar Nao will bear delivery changes for the order (s) with the following
conditions unless otherwise there is any specific campaign wise instruction for
delivery change.
18.1. Weight must be
no more than 70 kgs.
20. Intellectual Property
All trademarks, logos, images, and service marks,
including these Terms as displayed on the Platforms or in our marketing
material, whether registered or unregistered, are the intellectual property of Bazar Nao and/or third parties who have
authorized us with the use (collectively the “Trademarks”). You may not use, copy, reproduce, republish, upload,
post, transmit, distribute, or modify these Trademarks in any way without our
prior express written consent. The use of Bazar Nao's trademarks on any other
website not approved by us is strictly prohibited. Bazar Nao will aggressively enforce its intellectual property
rights to the fullest extent of the law, including criminal prosecution. Bazar
Nao neither warrants nor represents that
your use of materials displayed on the Platforms will not infringe rights of
third parties not owned by or affiliated with Bazar Nao . Use of any materials
on the Platforms is at your
own risk.
21. Vouchers, Discounts, and
Promotions
21.1 From time to time, Bazar Nao may run marketing and
promotional campaigns which offer voucher codes, discounts, and other
promotional offers to be used on the Platforms (“Vouchers”). Vouchers are
subject to validity periods, redemption periods, and in certain cases, may only
be used once.
21.2 Vouchers may not be valid when used in conjunction
with other promotions, discounts or other vouchers. Additional terms and
conditions may apply to Vouchers.
21.3 Unless otherwise stated, Vouchers can only be used on
our Platforms.
21.4 Vouchers cannot be exchanged for cash.
21.5 Bazar Nao reserves the right to void, discontinue or
reject the use of any Voucher without prior notice Individual restaurants terms
& conditions apply
21.6 We may exclude certain Vendors from the use of
Vouchers at any time without prior notice to you.
22. Termination
Bazar Nao has the
right to terminate, suspend or delete your account and access to the Platforms,
including any delivery service we provide to you in respect of an Order, for
any reason, including, without limitation, if Bazar Nao, in its sole
discretion, considers your use to be unacceptable, or in the event of any
breach by you of the Terms. Bazar Nao may, but shall be under no obligation to,
provide you a warning prior to termination of your use of the Websites.
23. Amendments
Bazar Nao may amend
these Terms at any time in its sole discretion. The amended Terms shall be
effective immediately upon posting and you agree to the new Terms by continued
use of the Platforms. It is your responsibility to check the Terms regularly.
If you do not agree with the amended Terms, whether in whole or in part, you
must stop using the Platforms immediately.
24. Severability
If any provision of
these Terms of Use is found to be invalid by any court having competent
jurisdiction, the invalidity of such provision shall not affect the validity of
the remaining provisions of these Terms of Use, which shall remain in full
force and effect. No waiver of any provision in these Terms of Use shall be
deemed a further or continuing waiver of such provision or any other provision
25. Contact Us
If you wish to contact
us regarding any questions or comments you may have, please send an email to our
customer support email or via our website customer support chat feature.