1. INTRODUCTION
Welcome to ‘‘Anyponno’’ . We are an online marketplace and
these are the terms and conditions governing your access and use of Anyponno
along with its domains anyponno.com. By using the site, you hereby accept these
terms and conditions and represent that you agree to comply with these terms
and conditions (The “User Agreement”). This User Agreement is deemed effective
upon your use of the Site which signifies your acceptance of these terms. If
you do not agree to be bound by this User Agreement please do not access,
register with or use this Site. This Site is owned and operated by Anyponno.
The Site reserves the right to change, modify, add, or remove portions of these
Terms and Conditions at any time without any prior notification. Please check
these Terms and Conditions regularly for updates.
2. CONDITIONS OF USE
The condition of use
are:
2.A. YOUR ACCOUNT
To access certain services offered by the platform, we may require
that you create an account with us or provide personal information to complete
the creation of an account. We may at any time in our sole and absolute
discretion, invalidate the username and/or password without giving any reason
or prior notice and shall not be liable or responsible for any losses suffered
by, caused by, arising out of, in connection with or by reason of such request
or invalidation.
You are responsible for maintaining the confidentiality of your user identification,
password, account details and related private information. You agree to accept
this responsibility and ensure your account and its related details are
maintained securely at all times and all necessary steps are taken to prevent
misuse of 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 and acknowledge that any use of the Site and related services offered
and/or any access to private information, data or communications using your
account and password shall be deemed to be either performed by you or
authorized by you as the case may be. You agree to be bound by any access of the
Site and/or use of any services offered by the Site (whether such access or use
are authorized by you or not). You agree that we shall be entitled (but not
obliged) to act upon, rely on or hold you solely responsible and liable in
respect thereof as if the same were carried out or transmitted by you. You
further agree and acknowledge that you shall be bound by and agree to fully
indemnify us against any and all losses arising from the use of or access to
the Site through your account.
Please ensure that the details you provide us with are correct and complete at
all times. You are obligated to update details about your account in real time
by accessing your account online. We reserve the right to refuse access to the
Site, terminate accounts, any time without prior notice to you. We may at any
time in our sole and absolute discretion, request that you update your Personal
Data or forthwith invalidate the account or related details without giving any
reason or prior notice and shall not be liable or responsible for any losses
suffered by or caused by you or arising out of or in connection with or by
reason of such request or invalidation. You hereby agree to change your
password from time to time and to keep your account secure and also shall be
responsible for the confidentiality of your account and liable for any
disclosure or use (whether such use is authorized or not) of the username
and/or password.
2.B. PRIVACY
Please review our Privacy Agreement, 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 Agreement and applicable laws and regulations. If you object to your
information being transferred or used in the manner specified in the Privacy
Agreement, please do not use the Site.
2.C. 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 in Bangladesh using a payment method of
your choice.
2.D. 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.
2.E. LICENSE TO ACCESS
THE SITE
We require that by accessing the Site, you confirm that you can
form legally binding contracts and therefore you confirm that you are at least
18 years of age or are accessing the Site under the supervision of a parent or
legal guardian. We grant you a non-transferable, revocable and non-exclusive
license to use the Site, in accordance with the Terms and Conditions described
herein, for the purposes of shopping for personal items and services as listed
to be sold on the Site. Content provided on this Site is solely for
informational purposes. Product representations including price, available stock,
features, add-ons and any other details as expressed on this Site
We grant you a limited license to access and make personal use of this Site,
but not to download (excluding page caches) or modify the Site or any portion
of it in any manner. This license does not include any resale or commercial use
of this Site or its contents; any collection and use of any product listings,
descriptions, or prices; any derivative use of this Site or its contents;
This Site or any portion of it (including but not limited to any copyrighted
material, trademarks, or other proprietary information) may not be reproduced,
duplicated, copied, sold, resold, visited, distributed or otherwise exploited
for any commercial purpose without express written consent by us as may be applicable.
You may not frame or use framing techniques to enclose any trademark, logo, or
other proprietary information (including images, text, page layout, or form)
without our express written consent. You may not use any meta tags or any other
text utilizing our name or trademark without our express written consent, as
applicable. Any unauthorized use terminates the permission or license granted
by us to you for access to the Site with no prior notice. You may not use our
logo or other proprietary graphic or trademark as part of an external link for
commercial or other purposes without our express written consent, as may be
applicable.
You agree and undertake not to perform restricted activities listed within this
section; undertaking these activities will result in an immediate cancellation
of your account, services, reviews, orders or any existing incomplete
transaction with us and in severe cases may also result in legal action:
2.F. YOUR CONDUCT
You must not use the website 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, 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. You are
strictly prohibited from using the Site
2.G. 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.
2.H. TRADEMARKS AND
COPYRIGHTS
anyponno.com, anyponno logo, anyponno basics and other marks
indicated on our Site are trademarks or registered trademarks in the relevant
jurisdiction(s). Our graphics, logos, page headers, button icons, scripts and
service names are the trademarks or trade dress and may not be used in
connection with any product or service that does not belong to us or in any
manner that is likely to cause confusion among customers, or in any manner that
disparages or discredits us. All other trademarks that appear on this Site are
the property of their respective owners, who may or may not be affiliated with,
connected to, or sponsored by us.
All intellectual property rights, whether registered or unregistered, in the
Site, information content on the Site and all the website design, including,
but not limited to text, graphics, software, photos, video, music, sound, and
their selection and arrangement, and all software compilations, underlying
source code and software shall remain our property. The entire contents of the
Site also are protected by copyright as a collective work under Bangladeshi
copyright laws and international conventions. All rights are reserved.
2.I. DISCLAIMER
You acknowledge and undertake that you are accessing the services
on the Site and transacting at your own risk and are using your best and
prudent judgment before entering into any transactions through the Site.
We further expressly disclaim any warranties or representations (express or
implied) in respect of quality, suitability, accuracy, reliability,
completeness, timeliness, performance, safety, merchantability, fitness for a
particular purpose, or legality of the products listed or displayed or
transacted or the content (including product or pricing information and/or
specifications) on the Site. While we have taken precautions to avoid
inaccuracies in content, this Site, all content, information (including the
price of products), software, products, services and related graphics are
provided as is basis, without warranty of any kind.
We shall neither be liable or responsible for any actions or inactions of any
other service which is not included in our site.
2.J. INDEMNITY
You shall indemnify and hold harmless anyponno as owned by Mim
Technologies Limited, its subsidiaries, affiliates and their respective
officers, directors, agents and employees, from any claim or demand, or actions
including reasonable attorney’s fees, made by any third party or penalty
imposed due to or arising out of your breach of these Terms and Conditions or
any document incorporated by reference, or your violation of any law, rules,
regulations or the rights of a third party.
You hereby expressly release anyponno as owned by Mim Technologies Limited
and/or its affiliates and/or any of its officers and representatives from any
cost, damage, liability or other consequence of any of the actions/inactions of
the other service providers and specifically waiver any claims or demands
that you may have in this behalf under any statute, contract or otherwise.
2.K. 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.
2.L. 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.
2.M. 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.
2.N. 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.
2.O. 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.
2.P. TERMINATION
In addition to any other legal or equitable remedies, we may,
without prior notice to you, immediately terminate the Terms and Conditions 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.
2.Q. 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.
2.R. OUR SOFTWARE
Our software includes any software (including any updates or
upgrades to the software and any related documentation) that we make available
to you from time to time for your use in connection with the Site (the
“Software”).
You may use the software solely for purposes of enabling you to use and enjoy
our services as permitted by the Terms and Conditions and any related
applicable terms as available on the Site. You may not incorporate any portion
of the Software 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 Software or
otherwise assign any rights to the Software in whole or in part. You may not
use the Software for any illegal purpose. We may cease providing you service
and we may terminate your right to use the Software at any time. Your rights to
use the Software will automatically terminate without notice from us if you
fail to comply with any of the Terms and Conditions listed here or across the
Site. Additional third party terms contained within the Site or distributed as
such that are specifically identified in related documentation may apply and
will govern the use of such software in the event of a conflict with these
Terms and Conditions. All software used in any of our services is our property
and/or our affiliates or its software suppliers and protected by the laws of
Bangladesh including but not limited to any other applicable copyright laws.
When you use the Site, 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 separate policies, terms of use,
and fees of these third parties.
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 our software whether in whole or in part, or create any derivative
works from or of the Software.
In order to keep the Software up-to-date, we may offer automatic or manual
updates at any time and without notice to you.
3. CONDITIONS OF SALE
Please read these conditions carefully before placing an order for
any products on the Site. These conditions signify your agreement to be bound
by these conditions.
3.A. 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.
3.B. THE CONTRACT
When you place an order to purchase a product, any confirmations
or status updates received prior to the dispatch of your order serves purely to
validate the order details provided and in no way implies the confirmation of
the order itself. The acceptance of your order is considered confirmed when the
product is dispatched to you. If your order is dispatched in more than one
package, you may receive separate dispatch confirmations. Upon time of placing
the order, we indicate an approximate timeline that the processing of your
order will take however we cannot guarantee this timeline to be rigorously
precise in every instance as we are dependent on third party service providers
to preserve this commitment. We commit to you to make every reasonable effort
to ensure that the indicative timeline is met. All commercial/contractual terms
are offered by and agreed to between you and the anyponno . 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. anyponno 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
3.C. PRICING,
AVAILABILITY AND ORDER PROCESSING
All prices are listed in Bangladeshi Taka (BDT) and are inclusive
of VAT. 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.
We do not offer price matching for any items sold by on our Site or other websites.
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 anyponno 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.
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. As we process your order, you will be
informed by e-mail or sms if any products you order turn out to be unavailable.
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.
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.
Refund Voucher
Promotional Vouchers
3.D. RESELLING
MIMGROCERY PRODUCTS
Reselling anyponno products for business purpose is strictly
prohibited. If any unauthorized personnel is found committing the above act,
legal action may be taken against him/her.
3.E. TAXES
You shall be responsible for payment of all fees/costs/charges
associated with the purchase of
3.F. REPRESENTATIONS AND
WARRANTIES
We do not make any representation or warranty as to specifics
(such as quality, value, saleability, etc) of the products or services listed
to be sold on the Site when products or services services or damages or delays
as a result of products which are out of stock, unavailable or back ordered.
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 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 as stipulated
3.G. OTHERS
You confirm that the product(s) or service(s) ordered by you are purchased for
your internal / personal consumption and not for commercial re-sale. You
authorize us to declare and provide declaration to any governmental authority
on your behalf stating the aforesaid purpose for your orders on the Site.
You not cancel your order when the product is on the way to
delivery
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. Please review our Refund