1.
TERMS AND
CONDITIONS
Terms and Conditions
Welcome to Choturango.com, a unique online marketplace
owned and operated by M/s Choturango IT Park (Under Act IX of 1932)(Registration
Number: P-47108/2021, hereinafter referred to as “we", "us" or “Choturango").
Choturango is an online marketplace connecting people around the world to make,
sell and buy exclusive and quality goods. We are so glad that you’re here. Make
yourself comfortable and have a good time, but please follow our terms and
conditions stated herein below at all times:
1. Accepting the terms and conditions of
the User Agreement:
This document
which we officially call our User Agreement is a legally binding contract
between you and Choturango. The terms and conditions of this User Agreement (“Terms and
Conditions”) set out your rights, obligations and
responsibilities when you use Choturango.com pattern by Choturango, along with its related
sub-domains, sites, mobile app, services and tools (the "Site/Services"),
so please read this document carefully. By using the Site, you hereby accept
these Terms and Conditions (including the linked information herein) and
represent that you agree to comply with the Terms and Conditions of this User
Agreement. This User Agreement is deemed effective immediately upon your use of
the Site which signifies your acceptance of these Terms and Condition of this
User Agreement. If you do not agree to be bound by this User Agreement please
do not access, register with or use this Site.
2. CONDITIONS OF USE
2.1 YOUR
ACCOUNT
You’ll need
to create an account with Choturango to use some of our Site and Services. Here
are a few rules about accounts with Choturango:
2.1.1 You
must be at least 18 years or older to use our Services. Minors under the
age of 18 and at least 13 years of age are only permitted to use our Services
through an account owned by a parent or legal guardian with their appropriate
permission and under their direct supervision. Children under 13 years are not
permitted to use Choturango or the Services. You are solely and personally
responsible for any and all account activity(s) conducted by a minor on your
account.
2.1.2 Provide
accurate information about yourself. It’s prohibited to use false information
or impersonate another person or company through your account.
2.1.3 You
shall not use language that is offensive, vulgar, infringes someone’s
intellectual property rights, or otherwise violate the Terms and Conditions of
User Agreement.
2.1.4 You’re
solely responsible for any activity on your account. If you’re sharing an
account with other people, then the person whose financial information is on
the account will ultimately be responsible for all activity(s). If you’re
registering as a business entity, you personally guarantee that you have the
authority to agree to the Terms and Conditions on behalf of the business. Also,
your accounts are not transferable.
2.1.5 As
we mentioned above, you’re solely responsible for any activity on your account,
so it’s important to keep your account password secure at all times.
2.1.6 No
person or business entity may register as a member of the Site more than once
at a time.
2.1.7 This
User Agreement does not create any agency, partnership, joint venture,
employment, or franchisee relationship between you and Choturango.
2.2 YOUR
CONTENT OR SUBMISSION:
2.2.1 Anything
that you submit to the Site (“Your Submission”) or any content that you
post using our Site and services shall be your content at all times ("Your
Content"). We don't make any claim to Your Content or Submission,
which includes anything you post using our Services (like shop names, profile
pictures, listing photos, listing descriptions, reviews, comments, videos,
usernames, etc.).
2.2.2 You
understand that you are solely responsible for Your Content. You represent that
you have all the necessary rights to Your Content and that you're not infringing
or violating any third party's rights by posting it.
2.2.3 By
posting Your Content through our Site, you grant Choturango a license to use
it. We don't claim any ownership of Your Content, but we have your permission
to use the same to help Choturango function and grow.
2.2.4 By
posting Your Content, you grant Choturango a non-exclusive, worldwide,
royalty-free, irrevocable, sub-licensable, perpetual license to use, display,
edit, modify, reproduce, distribute, store, and prepare derivative works of
Your Content. This allows us to provide the services and to promote Choturango,
your Choturango shop, or the services in general, in any formats and through
any channels, including across any Choturango services, our partners, or
third-party website or advertising medium. You agree not to assert any moral
rights or rights of publicity against us for using Your Content. You also
recognize our legitimate interest in using it, in accordance with the scope of
this license, to the extent Your Content contains any personal information. Consider
these examples: if you upload a photo of a listing on your Choturango shop, we
have permission to display it to buyers, and we can resize it so it looks good
to a buyer using our mobile app; if you post a description in Bangla, we can
translate it into English so a buyer in abroad can learn the story behind your
item; and if you post a beautiful photo of your latest handmade necklace, we
can feature it on our homepage, in one of our blogs or even on a billboard to
help promote your business and as well as Choturango's.
2.2.5 There
are certain types of content we don't want to be posted on the Site (for legal
reasons or otherwise). You agree that you will not post any content that is
abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive as
per the social context of Bangladesh and against the law of Bangladesh or any
part of our User Agreement as well. You also agree not to post any content that
is false and misleading or uses the Site in a manner that is fraudulent or
deceptive.
2.2.6 We
may at any time in our sole and absolute discretion, request that you update
your Personal Data or we reserve the right to invalidate the account or related
details forthwith without giving any reason or prior notice and we shall not be
liable or responsible in any manner 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 if any.
2.2.7 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 of Your
Submission and Your Content. 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.
2.3 PRIVACY
We know your
personal information is important to you, so it's important to us as well. Our
Privacy Policy details how your information is used when you use our Services.
By using our Services, you're also agreeing that we can process your information
in the ways set out in the Privacy Policy, visit the link below. 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.
2.4 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.
2.5 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 facilities or services at any time without
prior notice. We will attempt to limit the frequency and duration of any such
suspension or restriction.
2.6 LICENSE
TO USE OUR SITE AND SERVICES
We grant you
a limited, non-exclusive, non-transferable, and revocable license to use our
site and services - subject to the Terms and the following restrictions in
particular:
2.6.1 Don't
Use Our Site and Services to break the law. You agree that you will not violate
any laws in connection with your use of the Site/Services. This includes any
local and international laws that may apply to you.
2.6.2 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 are the responsibility of the vendors
displaying them and are not guaranteed as completely accurate by us.
Submissions or opinions expressed on this Site are those of the individual(s)
posting such content and may not reflect our opinions.
2.6.3 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, any
downloading or copying of account information for the benefit of another
seller; or any use of data mining, robots, or similar data gathering and
extraction tools.
2.6.4 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.
2.6.5 You
are responsible for paying all fees that you owe to Choturango. Except as set
forth below, you are also solely responsible for collecting and/or paying any
applicable taxes and VAT for any purchases or sales you make through our Site.
2.6.6 You
agree not to interfere with or try to disrupt our Services, for example by
distributing a virus or other harmful computer code.
2.6.7 The
name "Choturango" and the other Choturango marks, phrases, logos, and
designs that we use in connection with our Services, are trademarks, service
marks, or trade dress of Choturango in the US and other countries. Site
2.6.8 We
love your suggestions and ideas! They can help us improve your experience and
our Services. Any unsolicited ideas or other materials you submit to Choturango
(not including Your Content or items you sell through our Services) are
considered non-confidential and non-proprietary to you. You grant us a
non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual
license to use and publish those ideas and materials for any purpose, without
compensation to you.
2.6.9 You
agree and undertake not to perform restricted activities listed within this
section; undertaking these activities will result in 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,
1. Refusal to comply with the Terms and
Conditions described herein or any other guidelines and policies related to the
use of the Site is available on the Site at all times.
2. Impersonate any person or entity or to
falsely state or otherwise misrepresent your affiliation with any person or
entity.
3. Use the Site for illegal purposes
.
4. Attempt to gain unauthorized access to or
otherwise interfere or disrupt other computer systems or networks connected to
the Site and Services.
5. Interfere with another's utilization and
enjoyment of the Site; Post, promote, or transmit through the Site any
prohibited materials deemed illegal by The People's Republic of
Bangladesh.
6. Use or upload, in any way, any software or
material that contains, or which you have reason to suspect that contains,
viruses, damaging components, malicious code or harmful components which may
impair or corrupt the Site's data or damage or interfere with the operation of
another Customer's computer or mobile device or the Site and use the Site other
than in conformance with the acceptable use policies of any connected computer
networks, any applicable Internet standards, and any other applicable laws.
2.6.10 Any
breach of these Terms and Conditions shall result in the immediate revocation
of the license granted in this paragraph without notice to you.
2.7
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 cities that could harm or potentially harm the Site, its employees,
officers, representatives, stakeholders or any other party directly or
indirectly associated with the cess 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:
1. for fraudulent purposes, or in connection
with a criminal offense or other unlawful activity
2. to send, use or reuse any material that
does not belong to you; or 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, libellous, obscene, pornographic, paedophilic or
menacing; ethnically objectionable, disparaging or in breach of copyright,
trademark, confidentiality, privacy or any other proprietary information or
right; 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, political campaigning, commercial
solicitation, chain letters, mass mailings or any "spam"
3. Use the Site for illegal purposes.
4. to cause annoyance, inconvenience or
needless anxiety
5. for any other purposes that is other than
what is intended by us
2.8 CLAIMS
AGAINST OBJECTIONABLE CONTENT
2.8.1 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, libellous,
obscene, pornographic, paedophilic 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 [email protected]. We will
make all practical endeavours to investigate and remove valid objectionable
content complained about within a reasonable amount of time.
2.8.2 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 others. Please note that providing
incomplete details render your claim invalid and unusable for legal purposes.
2.9 CLAIMS
AGAINST INFRINGING CONTENT
2.9.1 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 at [email protected] 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 and as many
relevant details of the claim including name of infringing party, instances of
infringement, proof of infringement amongst others. 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 as an offense and may be followed by legal proceedings.
2.9.2 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.
2.10
TRADEMARKS AND COPYRIGHTS
2.10.1 Choturango.com,
Choturango logo, Choturango Fashion, Choturango 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.
2.10.2
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 which includes Copyright Act 2000 Trademark Act 2009 and
international conventions. All rights are reserved.
2.11 DISCLAIMER
2.11.1 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 shall neither be
liable nor responsible for any actions or inactions of sellers nor any breach
of conditions, representations or warranties by the sellers or manufacturers of
the products and hereby expressly disclaim and any all responsibility and
liability in that regard. We shall not mediate or resolve any dispute or
disagreement between you and the sellers or manufacturers of the products.
2.11.2 We
further expressly disclaim any warranties or representations (express or
implied) respect of quality, suitability, accuracy, reliability, completeness,
timeliness, performance merchantability, fitness for a particular purpose, or
legality of the products listed or d or transacted or the content (including
product or pricing information and/or specifications) on the Site. While we
have taken precautions to avoid inaccurate content, this Site, all content,
information (including the price of products), software, products, services and
related graphics are provided as is, without warranty of any kind. We do not
implicitly or explicitly support or endorse the sale or purchase of any
products on the Site. At no time shall any right, title or interest in the
products sold through or displayed on the Site vest with us nor shall Choturango
have any obligations or liabilities in respect of any transactions on the Site.
2.11.3 We
shall neither be liable or responsible for any actions or inactions of any
other service provider as listed on our Site which includes but is not limited
to payment providers, instalment offerings, warranty services amongst others.
2.12
INDEMNITY
You shall
indemnify and hold harmless Choturango as owned by Choturango BD 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.
2.13 THIRD
PARTY BUSINESSES
Parties other
than Choturango 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.
2.14 COMMUNICATING
WITH US
When you
visit the Site, or send emails 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.
2.15 OUR
SOFTWARE
2.15.1 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").
2.15.2
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.
2.15.3
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.
2.15.4
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.
2.15.5 In order to keep the Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.
