Last Updated: March 8, 2023
BY USING OR ACCESSING THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN YOU MAY NOT ACCESS OR USE THE SERVICES. THE SERVICES ARE AVAILABLE ONLY TO INDIVIDUALS WHO ARE AT LEAST 18 YEARS OLD.
We assume that you have read and accepted these terms and conditions by accessing this website. If you do not agree to all of the terms and conditions stated on this page, do not continue to use xclusivebrandsbd. You can follow our payment-delivery Terms and Conditions to buy our products.
All terms refer to the offer, acceptance, and consideration of payment necessary to undertake the process of providing our assistance to the client in the most appropriate manner for the express purpose of meeting the client’s needs with respect to the provision of the company’s stated services, in accordance with and subject to, the prevailing laws of Bangladesh. Any use of the above terminology or other words in the singular, plural, capitalization, and/or he/she or they, are taken as interchangeable and therefore as referring to the same.
CONDITIONS OF USE
1. YOUR ACCOUNT
To utilize certain services provided by our platform, you may need to create an account with us or provide personal information to finalize the account creation process. We reserve the right, in our sole discretion, to invalidate the username and/or password at any time without prior notice or explanation, and we shall not be held liable or responsible for any resulting losses incurred by you.
As a user, it is your responsibility to maintain the confidentiality of your user identification, password, account details, and any related private information. You agree to accept this responsibility and take all necessary steps to ensure that your account and related details are kept secure at all times to prevent unauthorized use. If you suspect that your password has become known to anyone else or is being used without your authorization, you must notify us immediately. You agree and acknowledge that any access to the site and related services or any access to private information, data or communications using your account and password shall be deemed to have been performed by you or authorized by you.
By accessing the Site and/or using any services provided by the Site, you agree to be bound by any access to the Site and/or use of the Site (whether authorized by you or not). You also agree that we shall be entitled, but not obliged, to act upon, rely on, or hold you solely responsible and liable for any actions taken using your account, as if they 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 to us are accurate and complete at all times. You are obligated to update your account details in real-time by accessing your account online. For details that 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, remove or edit content at any time without prior notice to you. We may also request that you update your Personal Data or immediately invalidate the account or related details at any time in our sole and absolute discretion, without giving any reason or prior notice, and we shall not be held liable or responsible for any resulting losses incurred by or caused by you.
You hereby agree to change your password from time to time, keep your account secure, and be responsible for the confidentiality of your account and liable for any disclosure or use (whether authorized or not) of the username and/or password.
BY USING THE SERVICES OR OPENING AN ACCOUNT, YOU SIGNIFY YOUR IRREVOCABLE ACCEPTANCE OF THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OUR SERVICES OR ACCESS THE PLATFORM. IF YOU ARE BELOW 18 YEARS OLD OR THE RELEVANT “AGE OF MAJORITY” WHERE YOU LIVE, YOU MUST GET PERMISSION FROM A PARENT OR LEGAL GUARDIAN TO OPEN AN ACCOUNT AND THAT PARENT OR LEGAL GUARDIAN MUST AGREE TO THESE TERMS OF SERVICE. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A MINOR WHO IS CREATING AN ACCOUNT, YOU MUST ACCEPT THESE TERMS OF SERVICE ON THE MINOR’S BEHALF AND YOU WILL BE RESPONSIBLE FOR ALL USE OF THE ACCOUNT OR SERVICES.
ACCOUNTS AND SECURITY:
Account Creation and Management
- 1.1 To access our services, you must create an account on our site. You agree to provide accurate and complete information during the account creation process.
- 1.2 You are responsible for maintaining the confidentiality of your account information and password. You agree to immediately notify Xclusive Brands BD of any unauthorized use of your account or password or any other breach of security.
- 1.3 You agree not to share your account information or password with anyone else or allow anyone else to access your account.
- 2.1 We take the security of our customers’ information very seriously. We use industry-standard security measures to protect your personal information from unauthorized access or disclosure.
- 2.2 We use SSL encryption technology to protect the transmission of your personal information, including your credit card details, over the internet.
- 3.1 Xclusive Brands BD takes fraud prevention very seriously. We reserve the right to cancel any order or suspend any account that we suspect is fraudulent or in violation of our Terms and Conditions.
- 3.2 We may use third-party fraud prevention services to verify the information you provide us during the account creation process or during checkout.
Termination of Account
- 4.1 Xclusive Brands BD reserves the right to terminate or suspend your account at any time and for any reason, including but not limited to a violation of our Terms and Conditions or suspected fraudulent activity.
- 4.2 If we terminate your account, you may lose access to any content or information associated with your account.
Disclaimer of Liability
- 5.1 Xclusive Brands BD will not be liable for any damages, losses, or expenses resulting from unauthorized access to your account or any breach of security.
- 5.2 Xclusive Brands BD will not be liable for any damages, losses, or expenses resulting from your failure to comply with these Accounts and Security Terms and Conditions.
Governing Law and Jurisdiction
- 6.1 These Accounts and Security Terms and Conditions are governed by the laws of Bangladesh.
- 6.2 Any disputes arising out of or relating to these Terms and Conditions will be resolved by the courts of Bangladesh.
2. Products Availability and Description
a. We offer a wide range of products for sale on our website, subject to availability. We make every effort to ensure that the products listed on our website are in stock and available for purchase. However, due to unforeseen circumstances such as manufacturing delays, shipping issues, or other factors beyond our control, we may experience occasional product shortages or delays. In such cases, we will make every effort to notify you as soon as possible and offer alternative products, a later delivery date, or a refund.
b. We strive to provide accurate and complete product information, including descriptions, images, and prices. However, we cannot guarantee the accuracy, completeness, or reliability of any information provided on our website. We rely on information provided by manufacturers, suppliers, and other third-party sources, and occasionally errors or discrepancies may occur. If you have any questions about a product, please contact us for more information.
c. Product descriptions are provided for informational purposes only and may not represent the exact item you receive due to variations in manufacturing, packaging, or other factors. While we make every effort to ensure that the product images and descriptions accurately represent the product, there may be slight variations in color, size, shape, or other characteristics. We encourage you to read product reviews and ratings to get a better sense of the product before making a purchase.
d. We reserve the right to change or discontinue any product at any time without notice. We may add or remove products from our website based on demand, availability, or other factors. If a product you have purchased is discontinued, we will make every effort to offer a suitable replacement or a refund.
e. Some products may have limited availability, and we may restrict the quantity of items you can purchase. This may be due to factors such as supplier limitations, high demand, or other factors. If you attempt to purchase more than the allowed quantity, we may cancel your order or contact you to discuss alternative options.
f. We make every effort to ensure that the products listed on our website comply with all applicable laws and regulations. However, it is your responsibility to ensure that the products you purchase are legal and appropriate for your intended use. We are not liable for any damages, losses, or penalties that may result from the use or possession of our products in violation of any laws or regulations.
3. Product Pricing and Payment
a. All product prices displayed on our website are in the local currency and include applicable taxes unless otherwise stated. We make every effort to ensure that our prices are accurate and up-to-date. However, due to fluctuating market conditions, we reserve the right to change our prices at any time without notice. The price you pay for a product will be the price displayed on our website at the time of purchase, except in cases of obvious pricing errors.
b. We offer various payment options for your convenience, including credit cards, debit cards, mobile banking, and other secure payment methods. You must provide accurate and complete payment information when making a purchase. We reserve the right to decline or cancel any order if we suspect fraud or unauthorized activity.
c. If you purchase a product from our website and later discover that the price has changed, we will not refund the difference. Similarly, if you purchase a product and later discover that a sale or promotion has begun, we will not apply the discount retroactively.
d. Occasionally, we may offer special promotions or discounts on our products. These promotions are subject to terms and conditions, and we reserve the right to change or cancel them at any time without notice. Promotions cannot be combined with other offers or discounts, and are subject to availability.
e. In the event that a product is listed at an incorrect price due to a typographical error or other mistake, we reserve the right to cancel or refuse any orders placed for that product. We will notify you of any such error as soon as possible, and issue a refund for any payment you have already made.
f. If you have any questions or concerns about product pricing or payment, please contact us before making a purchase. We are happy to provide additional information or assistance.
4. Shipping and Delivery
a. We offer shipping to most locations within the country and internationally, subject to certain restrictions and limitations. Shipping rates and delivery times vary depending on the destination, shipping method, and other factors. We make every effort to provide accurate shipping information, but we cannot guarantee delivery times or dates.
b. All orders are processed and shipped within 1-3 business days of receiving payment, unless otherwise stated. If you have selected a shipping option that includes tracking, you will receive a tracking number once your order has been shipped. If you do not receive a tracking number, please contact us for more information.
c. We are not responsible for any delays or errors caused by the shipping carrier, including but not limited to weather-related delays, customs delays, or incorrect delivery addresses. It is your responsibility to provide accurate and complete shipping information, including a valid address and contact information.
d. We may offer various shipping options, including standard, express, and overnight shipping. Shipping rates are based on the weight, size, and destination of the order, as well as the selected shipping method. We reserve the right to change our shipping rates at any time without notice.
e. If your order is returned to us due to an incorrect or incomplete address, you may be responsible for additional shipping charges to reship the order. We are not responsible for orders that are lost or stolen after delivery has been confirmed by the shipping carrier.
f. In the event that a product is damaged or lost during shipping, please contact us as soon as possible. We will work with you to resolve the issue and may offer a replacement or refund, depending on the circumstances.
g. International orders may be subject to additional customs fees, taxes, or other charges. It is your responsibility to comply with all applicable customs regulations and pay any additional fees or charges. We are not responsible for any delays or fees caused by customs processing.
h. If you have any questions or concerns about shipping or delivery, please contact us before making a purchase. We are happy to provide additional information or assistance
5. Returns and Refunds
a. We want you to be completely satisfied with your purchase from our website. If for any reason you are not satisfied with a product, you may return it within 3 days of the purchase date for a refund or exchange. Returns are subject to certain conditions and limitations, as described below.
b. To initiate a return, please contact us to request a Return Authorization (RA) number. Returns without a valid RA number will not be accepted. You must return the product in its original packaging, in new, unused condition, with all tags and labels attached. You are responsible for all shipping costs associated with the return, unless the product is defective or damaged.
c. We reserve the right to refuse returns that do not meet our return policy criteria, or that are returned after the 30-day return period. Products that have been used, damaged, or altered in any way may not be eligible for a refund or exchange.
d. Refunds will be issued in the original form of payment, minus any shipping charges or other fees. Refunds may take up to 10 business days to process, depending on your bank or credit card issuer. If you have requested an exchange, we will ship the replacement product to you once we receive the returned item.
e. If you receive a defective or damaged product, please contact us immediately to request a replacement or refund. We may require photographic or other evidence of the defect or damage in order to process your request. We will cover the shipping costs associated with returning the defective or damaged product.
f. Products that are custom-made or personalized may not be eligible for returns or exchanges, unless they are defective or damaged. Products that are sold as “final sale” or “clearance” may also be non-returnable.
g. If you have any questions or concerns about our returns policy, please contact us before making a purchase. We are happy to provide additional information or assistance.
a. We stand behind the quality of our products and offer a limited warranty against defects in materials and workmanship. The length of the warranty may vary depending on the product, and is described in the product description or accompanying documentation.
b. To make a warranty claim, please contact us and provide a description of the issue, along with any relevant documentation or photographs. We may require you to return the product for inspection before issuing a replacement or repair.
c. Our warranty does not cover damage caused by misuse, abuse, or neglect, or normal wear and tear. It also does not cover damage caused by unauthorized repairs or modifications. We reserve the right to determine whether a warranty claim is valid based on these criteria.
d. If we determine that a warranty claim is valid, we will either repair or replace the product, at our discretion. If a replacement is not available, we may offer a refund or store credit.
e. Our warranty is limited to the original purchaser of the product and is not transferable. It applies only to products purchased directly from our website or authorized retailers.
f. We are not responsible for any indirect, incidental, or consequential damages arising from the use of our products, including but not limited to lost profits or business interruption.
g. Our warranty is in addition to any rights or remedies you may have under applicable consumer protection laws, which vary by jurisdiction. Nothing in this warranty affects your statutory rights.
h. If you have any questions or concerns about our warranty, please contact us before making a purchase. We are happy to provide additional information or assistance.
7. Prohibited Conduct
a. We expect all users of our website to behave in a responsible and respectful manner. The following conduct is strictly prohibited and may result in the termination of your account or legal action:
i. Harassment or abuse of any kind, including but not limited to threatening or insulting language, stalking, or defamation.
ii. Fraudulent or deceptive conduct, including but not limited to misrepresenting your identity, impersonating another person, or making false claims about our products or services.
iii. Violation of intellectual property rights, including but not limited to copyright, trademark, or patent infringement, or unauthorized use of our website content or images.
iv. Distribution of viruses, malware, or other harmful software, or attempting to gain unauthorized access to our website or servers.
v. Conduct that interferes with the proper functioning of our website, including but not limited to spamming, phishing, or hacking.
vi. Use of our website for any illegal or unauthorized purpose, including but not limited to the sale or distribution of illegal or unauthorized products or services.
b. We reserve the right to investigate and take appropriate action, including legal action, against any user who engages in prohibited conduct on our website. We may also report such conduct to law enforcement authorities.
c. We are not responsible for any content posted by users on our website, but we reserve the right to remove or edit any content that violates our terms and conditions or our community standards.
d. If you have any questions or concerns about our prohibited conduct policy, please contact us. We are happy to provide additional information or assistance.
a. We reserve the right to terminate or suspend your account or access to our website at any time, for any reason, without notice or liability to you. Reasons for termination may include but are not limited to violation of our terms and conditions, prohibited conduct, or failure to pay for products or services.
b. We may also terminate or suspend your account or access to our website if we believe that your use of our website or products may create legal liability for us, harm our reputation or other users, or violate any applicable laws or regulations.
c. Upon termination, you will immediately cease all use of our website and any content or materials obtained from our website. Any provisions of our terms and conditions that by their nature should survive termination, including but not limited to warranty disclaimers, indemnity, and limitations of liability, will survive such termination.
d. If we terminate your account or access to our website for any reason other than your violation of our terms and conditions, we may provide you with a prorated refund of any fees or charges paid for products or services that you have not received.
e. If you wish to terminate your account, you may do so by contacting us. Any fees or charges paid prior to termination are non-refundable, unless otherwise required by law.
f. We are not liable for any damages or losses resulting from the termination of your account or access to our website, including but not limited to lost profits or business interruption.
g. This termination clause shall survive any termination of our terms and conditions or your account.
9. Limitation of Liability
a. To the maximum extent permitted by applicable law, we and our affiliates, officers, directors, employees, agents, and licensors will not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to loss of profits, data, or goodwill, arising out of or in connection with your use of our website or products, even if we have been advised of the possibility of such damages.
b. Our liability to you for any direct damages arising out of or in connection with your use of our website or products will be limited to the amount paid by you for the product or service that gave rise to the claim.
c. We are not liable for any damages or losses resulting from any delay or failure in performance of our obligations under these terms and conditions, including but not limited to delays or failures caused by events beyond our control, such as natural disasters, strikes, or governmental actions.
d. We do not make any representations or warranties regarding the accuracy, completeness, or reliability of any content or materials on our website, or the safety, quality, or performance of any products or services sold on our website.
e. You acknowledge and agree that any reliance on such content, materials, products, or services is at your own risk, and that we will not be liable for any damages or losses resulting from your reliance on such content, materials, products, or services.
f. Some jurisdictions do not allow the exclusion or limitation of certain types of damages, so the above limitations may not apply to you to the extent prohibited by law.
10. Links to Third-Party Websites
a. Our website may contain links to third-party websites that are not owned or operated by us. These links are provided for your convenience only. We do not control or endorse any of these third-party websites, and we are not responsible for their content, privacy policies, or practices. You acknowledge and agree that we are not liable for any damages or losses resulting from your use of any third-party websites, content, or services.
b. You should carefully review the terms and conditions and privacy policies of any third-party websites that you access through our website. We recommend that you exercise caution and good judgment when browsing and using any third-party websites. You should also be aware that some third-party websites may contain materials or information that is inaccurate, incomplete, or offensive. We disclaim any responsibility or liability for any such materials or information.
c. We may receive compensation from third-party websites that we link to, including but not limited to referral fees or commissions. Such compensation does not influence our selection of or recommendation for any third-party websites. We make no representations or warranties regarding the quality, safety, or reliability of any products or services offered by third-party websites.
d. We reserve the right to remove or disable any links to third-party websites at any time, for any reason, without notice or liability to you. We may do so if we determine, in our sole discretion, that the third-party website is objectionable, harmful, or infringes upon our rights or the rights of any third party.
e. If you wish to link to our website, you may only do so with our prior written consent. We reserve the right to revoke our consent at any time, for any reason, without notice or liability to you. If you do link to our website, you agree to comply with all applicable laws and regulations, and to not use any of our trademarks or logos without our prior written consent.
f. This links to third-party websites clause shall survive any termination of our terms and conditions or your account.
By linking to our website, you agree to comply with the following terms and conditions:
- Linking to Our Website:
a. Government agencies, search engines, news organizations, and online directory distributors do not require our prior written approval to link to our website.
b. System-wide accredited businesses are allowed to link to our website, except for soliciting non-profit organizations, charity shopping malls, and charity fundraising groups.
c. These organizations may link to our home page, publications, or other website information as long as the link is not deceptive, does not falsely imply sponsorship or endorsement of the linking party and its products or services, and fits within the context of the linking party’s site.
- Approval of Link Requests:
a. We may consider and approve link requests from commonly-known consumer and/or business information sources, dot.com community sites, associations or other groups representing charities, online directory distributors, internet portals, accounting, law, and consulting firms, educational institutions, and trade associations.
b. We will approve link requests from these organizations if the link would not make us look unfavorably to ourselves or our accredited businesses, if the organization does not have any negative records with us, if the benefit to us from the visibility of the hyperlink compensates the absence of XclusiveBrandsBD, and if the link is in the context of general resource information.
c. These organizations may link to our home page as long as the link is not deceptive, does not falsely imply sponsorship or endorsement of the linking party and its products or services, and fits within the context of the linking party’s site.
- Hyperlinking to Our Website:
a. Approved organizations may hyperlink to our website using our corporate name, the uniform resource locator (URL) being linked to, or any other description of our website being linked to that makes sense within the context and format of content on the linking party’s site.
b. No use of XclusiveBrandsBD logo or other artwork will be allowed for linking without a trademark license agreement.
a. Without our prior approval and written permission, you may not create frames around our web pages that alter in any way the visual presentation or appearance of our website.
- Content Liability:
a. We shall not be held responsible for any content that appears on your website. You agree to protect and defend us against all claims that are rising on your website. No link(s) should appear on any website that may be interpreted as libelous, obscene, or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of any third party rights.
- Your Privacy:
- Reservation of Rights:
a. We reserve the right to request that you remove all links or any particular link to our website. You agree to immediately remove all links to our website upon request.
b. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuously linking to our website, you agree to be bound to and follow these linking terms and conditions.
- Removal of Links from Our Website:
a. If you find any link on our website that is offensive for any reason, you are free to contact and inform us at any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.
11. Trademark License Agreement
The following section outlines the terms and conditions for the use of XclusiveBrandsBD trademarks, logos, and other intellectual property.
Trademarks, logos, and other intellectual property owned by XclusiveBrandsBD may not be used by any party without prior written consent and a signed trademark license agreement. This includes but is not limited to the XclusiveBrandsBD name, logo, slogans, and any associated designs or graphics.
If a party wishes to use XclusiveBrandsBD intellectual property, they must first obtain written permission and enter into a trademark license agreement with XclusiveBrandsBD. This agreement will outline the terms and conditions of use, including any fees or royalties that may be required.
XclusiveBrandsBD reserves the right to refuse any request for the use of its intellectual property, and to terminate any existing license agreement at any time for any reason.
Any use of XclusiveBrandsBD intellectual property must be in compliance with all applicable laws and regulations, including those governing intellectual property and trademark usage. The use of XclusiveBrandsBD intellectual property must not mislead or deceive consumers, or imply any endorsement or affiliation with XclusiveBrandsBD that does not exist.
In addition, any use of XclusiveBrandsBD intellectual property must not be in connection with any illegal or unethical activity, or in a manner that could damage the reputation or goodwill of XclusiveBrandsBD.
XclusiveBrandsBD will take all necessary legal action to protect its intellectual property, including but not limited to pursuing legal action against any party that uses its intellectual property without permission or in violation of the terms and conditions of a trademark license agreement.
By using any XclusiveBrandsBD intellectual property, the party agrees to indemnify and hold harmless XclusiveBrandsBD, its affiliates, officers, directors, employees, and agents, from any and all claims, damages, or losses arising from the use of the intellectual property, including any legal fees and costs incurred in the defense of any such claim.
This section serves as notice that any unauthorized use of XclusiveBrandsBD intellectual property may result in legal action, including but not limited to injunctions, damages, and attorneys’ fees.
If you have any questions or concerns regarding the use of XclusiveBrandsBD intellectual property, please contact us
We may modify these terms and conditions in several ways. First, we may make minor changes, such as correcting typographical errors, clarifying wording, or updating references to laws or regulations. These minor changes will be effective immediately upon posting the updated terms and conditions on our website.
Second, we may make substantial changes, such as adding or removing sections, changing the scope of our services, or changing our pricing or billing practices. We will notify you of substantial changes at least thirty (30) days before the changes take effect. If you object to the changes, you may terminate your account and stop using our services before the changes take effect. If you continue to use our services after the changes take effect, you will be deemed to have accepted the new terms and conditions.
Third, we may need to make emergency changes in response to unforeseen circumstances, such as changes in the law or cybersecurity threats. We will make every effort to notify you of emergency changes as soon as possible, but we may not be able to provide advance notice in all cases.
If you do not agree to the modified terms and conditions, your only recourse is to stop using our website and services. If you continue to use our website and services after we have posted modified terms and conditions, you will be deemed to have accepted the modifications.
We reserve the right to modify, suspend, or discontinue any aspect of our website or services at any time, without notice to you. We will not be liable to you or any third party for any modification, suspension, or discontinuance of our website or services.
13. Newsletter Subscription
By subscribing to our newsletter, you agree to these terms and conditions.
- Eligibility: You must be at least 18 years old to subscribe.
- Subscription: To subscribe, provide your email address and any other required information. Offer is only valid for new subscribers.
- Use of the Service: Newsletter is for personal, non-commercial use only. Do not use for illegal or unauthorized purposes.
- Termination: You may unsubscribe at any time by following the instructions in the newsletter or contacting us. We reserve the right to terminate or suspend your subscription at any time, without notice.
- Disclaimer of Warranties: Newsletter is provided “as is” and we make no representations or warranties about its operation or content.
- Limitation of Liability: We will not be liable for any damages arising from the use of the newsletter.
- Governing Law: These terms and your use of the service will be governed by and construed in accordance with the laws of [Governing Law].
Changes to the Terms: We reserve the right to make changes to these terms at any time. Your continued use of the service following changes means you accept those changes
14. Governing Law
These terms and conditions, including any disputes or claims arising out of or related to these terms and conditions or the use of our website, will be governed by and construed in accordance with the laws of Bangladesh.
Any legal action or proceeding arising out of or related to these terms and conditions or the use of our website shall be brought exclusively in the courts located in Bangladesh. By using our website, you consent to the jurisdiction of such courts.
If any provision of these terms and conditions is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision of these terms and conditions will not be deemed a waiver of such right or provision.
Dispute resolution is an important aspect of any business relationship, and it is important for both parties to have a clear understanding of the process for resolving disputes that may arise. In the event of any dispute or claim arising out of or in connection with these terms and conditions or the use of our website, both parties agree to make good faith efforts to resolve the dispute through negotiation.
If the parties are unable to resolve the dispute through negotiation within a reasonable period of time, either party may initiate binding arbitration. The arbitration shall be conducted in accordance with the rules of the Bangladesh International Arbitration Centre (BIAC) by one arbitrator appointed in accordance with those rules.
The of the arbitration shall be well-educated, and the venue shall be Dhaka, Bangladesh. The arbitrator shall have the authority to award any remedy that would be available in court, including damages, injunctions, and specific performance.
This dispute resolution section shall survive the termination of these terms and conditions. Any dispute arising out of or in connection with these terms and conditions shall be governed by and construed in accordance with the laws of Bangladesh, without regard to its conflict of law provisions.
Both parties agree to submit to the personal jurisdiction of the courts located in Bangladesh for the purpose of enforcing any arbitration award or for seeking equitable relief in the event of a breach or threatened breach of these terms and conditions. Each party irrevocably waives any objection to the jurisdiction and venue of such courts.
16. Force Majeure
In the event that any party is prevented from performing its obligations under this agreement, either in whole or in part, due to an event of force majeure, such party shall not be in breach of this agreement and shall be excused from the performance of such obligations for the duration of the event of force majeure.
For the purposes of this agreement, an event of force majeure shall mean any event beyond the control of the affected party, including, but not limited to, acts of God, fire, flood, earthquake, hurricane, pandemic, epidemic, war, terrorism, riot, civil unrest, strikes, labor disputes, power outages, telecommunications or internet failures, and any other event or circumstance beyond the reasonable control of the affected party.
The affected party shall provide prompt written notice to the other party of the occurrence of any event of force majeure and the expected duration of such event, and shall use reasonable efforts to mitigate the effects of such event and resume performance of its obligations under this agreement as soon as reasonably practicable.
If an event of force majeure continues for a period of more than thirty (30) days, either party may terminate this agreement by giving written notice to the other party. In such event, the parties shall be relieved of all further obligations under this agreement, except for any obligations that have accrued prior to the date of termination.
This force majeure clause shall not excuse any payment obligations of either party under this agreement.
17. Feedback and Reviews
We value the feedback and reviews provided by our customers and aim to maintain the highest standards of customer satisfaction. By providing feedback and reviews on our website, you agree to the following terms and conditions:
- Ownership of Feedback and Reviews: Any feedback, reviews, comments, suggestions, or other similar content that you submit or post to our website shall become our sole and exclusive property. By submitting such content, you grant us a worldwide, perpetual, irrevocable, royalty-free, and non-exclusive license to reproduce, modify, adapt, publish, translate, distribute, and display such content in any media, now known or hereafter developed.
- Accurate and Lawful Content: You agree that any feedback or review provided by you shall be accurate, truthful, and not misleading. You shall not provide any content that is defamatory, obscene, offensive, or otherwise violates any applicable law, regulation, or third-party rights. We reserve the right to remove any content that we deem inappropriate or in violation of these terms and conditions.
- Moderation: All feedback and reviews submitted to our website will be subject to moderation by our team before they are posted on our website. We reserve the right to refuse or remove any feedback or review that does not comply with these terms and conditions.
- Use of Feedback and Reviews: We may use the feedback and reviews provided by you for promotional purposes, including but not limited to publishing them on our website, social media platforms, or other marketing materials. We may also edit or modify the content provided by you for clarity or length.
- No Compensation: You acknowledge and agree that you shall not be entitled to any compensation or consideration for providing feedback or reviews to our website.
- Indemnification: You shall indemnify and hold us harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these terms and conditions or your violation of any law or the rights of any third party.
- Governing Law: These terms and conditions shall be governed by and construed in accordance with the laws of Bangladesh.
18. Product Images
- Ownership: All product images displayed on our online shop are the property of our company or our suppliers. They are protected by copyright laws and may not be used or reproduced without our permission.
- Accuracy: We make every effort to ensure that our product images are accurate and represent the actual product as closely as possible. However, please note that actual colors and textures may vary due to different monitor settings and lighting conditions.
- Use: Our product images are provided solely for the purpose of showcasing and promoting our products. You may use the images on our website for personal or non-commercial use only. Any commercial use, reproduction, distribution, or modification of the images is strictly prohibited without our written consent.
- Third-Party Content: Our website may contain product images from third-party suppliers. We make no representation or warranty as to the accuracy, completeness, or authenticity of such images. Any reliance you place on such images is at your own risk.
- Indemnification: You agree to indemnify and hold us harmless from any claims, damages, liabilities, and expenses arising from your use of our product images in violation of these terms and conditions.
- Changes: We reserve the right to modify or remove any product images from our website at any time without notice. We may also update these terms and conditions from time to time, and your continued use of our product images constitutes your acceptance of any such changes.
- License: Our software, including any updates or upgrades and related documentation, is provided solely for enabling you to use and enjoy our services on the Site. You are granted a non-exclusive, non-transferable license to use the software for personal or commercial use, as permitted by the Terms and Conditions and any applicable terms. You may not sell, rent, lease, distribute, sublicense, or assign any rights to the software in whole or in part, or use it for any illegal purpose.
- Ownership: All software used in our services, including the Software, is the property of our company, affiliates, or software suppliers and protected by the laws of Bangladesh and other applicable copyright laws. You may not copy, modify, reverse engineer, decompile, disassemble, or tamper with the software in whole or in part, or create derivative works from it.
- Termination: We may cease providing you service or terminate your right to use the software at any time, without notice, if you fail to comply with the Terms and Conditions or any applicable terms. Your right to use the software automatically terminates if you violate any of these terms.
- Updates: We may offer automatic or manual updates to the software at any time and without notice. It is your responsibility to ensure that you have the latest version of the software to keep it up-to-date.
- Conflict: If there is a conflict between these Software Terms and Conditions and any additional third-party terms contained in the Site or distributed with the software, the third-party terms will govern the use of such software.
- Modification: We reserve the right to modify these Software Terms and Conditions at any time without notice. Your continued use of the software constitutes your acceptance of any such changes.
20. Age Restriction
Age Verification: By accessing or purchasing products in the VUSE category on our online shop, you confirm that you are of legal age to purchase tobacco products in your jurisdiction. We reserve the right to request proof of age and may refuse to sell products to any individual who is unable to provide satisfactory proof of age.
Underage Access: Our VUSE products are intended for adult use only. We do not sell or ship our products to individuals under the legal age for purchasing tobacco products in their jurisdiction. If we have reason to believe that a customer is underage, we reserve the right to refuse service and cancel their order.
Compliance: We comply with all applicable laws and regulations related to the sale and distribution of tobacco products. We reserve the right to modify our policies and procedures as necessary to comply with changes in applicable laws and regulations.
Liability: We are not responsible for any consequences that may arise from underage access or use of our VUSE products. It is the responsibility of the individual to comply with applicable laws and regulations and to ensure that minors do not have access to our products.
DISCLAIMER: THE USE OF VUSE PRODUCTS IS NOT WITHOUT RISK. IT IS IMPORTANT TO READ AND FOLLOW ALL PRODUCT INSTRUCTIONS, WARNINGS, AND SAFETY INFORMATION. OUR PRODUCTS ARE NOT INTENDED FOR USE BY INDIVIDUALS UNDER THE LEGAL AGE FOR PURCHASING TOBACCO PRODUCTS IN THEIR JURISDICTION OR BY INDIVIDUALS WHO ARE PREGNANT, BREASTFEEDING, OR HAVE A MEDICAL CONDITION.
21. Promotions and Discounts
- Eligibility: Promotions and discounts may be offered at our discretion to customers who meet certain eligibility requirements, such as making a qualifying purchase or signing up for our email newsletter. We reserve the right to modify or cancel promotions and discounts at any time without notice.
- Redemption: To redeem a promotion or discount, customers must follow the instructions provided at the time of offer. Unless otherwise stated, promotions and discounts cannot be combined with other offers or applied to previous purchases.
- Exclusions: Promotions and discounts may be subject to certain exclusions, such as certain products, brands, or categories. These exclusions will be clearly stated at the time of offer.
- Limitations: Promotions and discounts may be subject to limitations, such as a maximum discount amount or a limited time period for redemption. These limitations will be clearly stated at the time of offer.
- Abuse: We reserve the right to refuse or revoke any promotion or discount if we suspect or determine that it is being used in a manner that violates these terms and conditions or applicable laws and regulations.
- Disclaimer: Promotions and discounts are offered at our discretion and may be subject to change or cancellation without notice. We are not responsible for any errors or omissions related to promotions and discounts, including but not limited to typographical errors or technical malfunctions.
You are solely responsible for covering all fees, costs, and charges related to the purchase of products from the Site, and you acknowledge and agree to pay any and all applicable taxes in accordance with current laws.
23. Disclaimer of Medical Items
24. Digital Millennium Copyright Act (DMCA) Notice
25. Cookies and Tracking
- Remember user preferences and settings
- Analyze website usage and performance
- Deliver targeted advertising based on user interests
- Authenticate user logins and sessions
Users may be able to control or disable cookies through their web browser settings. However, disabling cookies may limit the functionality of the website and prevent certain features from working properly.
The website may also use other tracking technologies, such as web beacons and pixel tags, to track user behavior and deliver personalized advertising. These technologies may be used in emails, newsletters, or other electronic communications.