1. INTRODUCTION
Welcome to OsudKini also hereby known
as “we", "us" or "OsudKini". We are an online
marketplace and these are the terms and conditions governing your access and
use of OsudKini along with its related sub-domains, sites, mobile app, services
and tools (the "Site"). By using the Site, you hereby accept these
terms and conditions (including the linked information herein) 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 OsudKini, a company
incorporated under the Dhaka North City Corporation (Registration Number: 290636).
The Site reserves the right to change, modify, add, or remove portions of these
Terms and Conditions at any time without any prior notification. Changes will
be effective when posted on the Site with no other notice provided. Please
check these Terms and Conditions regularly for updates. Your continued use of
the Site following the posting of changes to the Terms and Conditions of use
constitutes your acceptance of those changes.
2. CONDITIONS OF USE
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 because 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 to
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 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. For pieces of information you are not able to
update by accessing Your Account on the Site, you must inform us via our
customer service communication channels to assist you with these changes. We
reserve the right to refuse access to the Site, terminate accounts, or remove or
edit content at 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 because 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 authorised or not) of the username and/or password.
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, by 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.
C. 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.
D. 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, following the
Terms and Conditions described herein, to shop for
personal items and services as listed to be sold on the Site. Commercial use or
use on behalf of any third party is prohibited, except as explicitly permitted
by us in advance. If you are registering as a business entity, you represent
that you have the authority to bind that entity to this User Agreement and that
you and the business entity will comply with all applicable laws relating to
online trading. No person or business entity may register as a member of the
Site more than once. Any breach of these Terms and Conditions shall result in
the immediate revocation of the license granted in this paragraph without
notice to you.
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 partner
pharmacy; or any use of data mining, robots, or similar data gathering and
extraction tools.
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 immediate cancellation
of your account, services, reviews, orders or any existing incomplete
transaction with us and in severe cases may also result in a legal action:
E. 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, stakeholders 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
·
for fraudulent purposes, or in connection with a criminal offence or
other unlawful activity
·
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”
·
Use the Site for illegal purposes.
·
to cause annoyance, inconvenience or needless anxiety
·
for any other purposes that are other than what is intended by us
F. 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.
G. CLAIMS AGAINST OBJECTIONABLE CONTENT
We list thousands of products for
sale offered by partner pharmacies and vendors on the Site and host multiple
comments on listings, we can't 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 info@osudkini.com.
We will make all practical endeavours to investigate and remove valid
objectionable content complained about within a reasonable amount of time.
Please ensure to provide your name, address, contact information and as many relevant
details of the claim including the name of the objectionable content party, instances
of objection, and proof of objection amongst other. Please note that providing
incomplete details will render your claim invalid and unusable for legal
purposes.
H. CLAIMS AGAINST INFRINGING CONTENT
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 us at info@osudkini.com 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 information and as many
relevant details of the claim including the name of infringing party, instances of
infringement, and 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 a legal offence and may be followed by legal proceedings.
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.
I. TRADEMARKS AND COPYRIGHTS
Osudkini.com, OsudKini logo, 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 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 confuse 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.
J. 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, on 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 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 OsudKini have any obligations or
liabilities in respect of any transactions on the Site.
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, and warranty services amongst others.
K. INDEMNITY
You shall indemnify and hold harmless
OsudKini affiliates and their respective officers, directors, 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 OsudKini 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 3rd party vendor or other
service providers and specifically waiver any claims or demands that you may
have in this behalf under any statute, contract or otherwise.
L. THIRD-PARTY BUSINESSES
Parties other than OsudKini 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.
M. 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.
N. 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.
O. 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.
P. 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.
Q. 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.
R. 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. Furthermore, you agree that the Site shall not be liable to you or 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.
S. 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.
T. 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.
A. CONDITIONS RELATED TO THE SALE OF THE PRODUCT OR SERVICE
This section deals with conditions
relating to the sale of products or services on the Site.
B. THE CONTRACT
Your order is a legal offer to us to
buy the product or service displayed on our Site. When you place an order to
purchase a product, any confirmations or status updates received prior to the
dispatch of your order serve purely to validate the order details provided and
in no way imply 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 making every reasonable effort to ensure that the indicative
timeline is met. 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. OsudKini retains the right to cancel any
order at its sole discretion prior to dispatch. We will ensure that there is a timely intimation to you of such cancellation via email or SMS. Any
prepayments made in case of such cancellation(s), shall be refunded to you
within the time frames as per our refund policy
C. RETURNS
Please review our Returns
Policy
D. PRICING, AVAILABILITY AND ORDER PROCESSING
All prices are listed in Bangladeshi
Taka (BDT) and include 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 increase
or decrease between the time you place it in your basket and the time you
purchase it.
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 OsudKini possesses 100% right on
the refund amount. Usually, the refund amount is calculated based on the customer's
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. They are not guaranteed dispatch times and
should not be relied upon as such. 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
Reward Vouchers
Promotional Items
Security and Fraud
E. RESELLING OSUDKINI PRODUCTS
Reselling OsudKini products for
business purposes is strictly prohibited. If any unauthorized personnel is found
committing the above act, legal action may be taken against him/her.
F. TAXES
You shall be responsible for payment
of all fees/costs/charges associated with the purchase of products from the
Site and you agree to bear any and all applicable taxes as per prevailing law.
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 resale. You
authorize us to declare and provide a declaration to any governmental authority
on your behalf stating the aforesaid purpose for your orders on the Site.
You may cancel your order at no cost any time before the item is dispatched to
you.
