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Terms of Conditions

A. Introduction

Welcome to NICE.COM.BD (NICE) provides access to the “NICE.COM.BD” website or the mobile application/app or any other media ("Website") to you subject to the terms and conditions (“Terms”) set out on this page. By using the Website, you, a registered or guest user in terms of the eligibility criteria set out herein (“User”) agree to be bound by the Terms. Please read them carefully as your continued usage of the Website, you signify your agreement to be bound by these Terms. If you do not want to be bound by the Terms, you must not subscribe to or use the Website or our services.

 

  1. By impliedly or expressly accepting these Terms, you also accept and agree to be bound by NICE.COM.BD Policies as amended from time to time.
  2. In these Terms, references to "you", "User" shall mean the end user/customer accessing the Website, its contents and using the Services offered through the Website. References to the “Website”, "NICE.COM.BD", "we", "us" and "our" shall mean the Website and/or NICE.COM.BD.
  3. The contents set out herein form an electronic record in terms of Information & Communication Technology Act, 2006 and rules there under as applicable and as amended from time to time. As such, this document does not require any physical or digital signatures and forms a valid and binding agreement between the Website and the User.
  4. The Website “NICE.COM.BD” is operated by NetLink Technologies Limited, a company incorporated under the laws of Bangladesh having its office at BTMC Bhaban, Level-3, 7-9 Kawran Bazaar C/A, Dhaka-1215, Bangladesh. All references to the Website in these Terms shall deem to refer to the aforesaid entity in inclusion of the online portal.
  5. This Website may also contain links to other websites, which are not operated by NICE.COM.BD, and NICE.COM.BD has no control over the linked sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the linked sites will be subject to the terms of use and service contained within each such site.
  6. We reserve the right to change these Terms at any time. Such changes will be effective when posted on the Website. By continuing to use the Website after we post any such changes, you accept the Terms as modified.
  7. These Terms will continue to apply until terminated by either You or NICE.COM.BD in accordance with the terms set out below:
  8. The agreement with NICE.COM.BD can be terminated by (i) not accessing the Website; or (ii) closing Your Account, if such option has been made available to You.
  9. Notwithstanding the foregoing, these provisions set out in these Terms which by their very nature survive are meant to survive termination, shall survive the termination / expiry of this agreement.

B. Eligibility

  1. Use of the Website is available only to such persons who can legally contract under the Contract Act, 1872.
  2. If you are a minor i.e. under the age of 18 years, you shall not register as a user of NICE.COM.BD and shall not transact on or use the Website. As a minor if you wish to use or transact on website, such use or transaction may be made by your legal guardian or parents on the Website. NICE.COM.BD reserves the right to terminate your membership and / or refuse to provide you with access to the website if it is brought to NICE.COM.BD’s notice or if it is discovered that you are under the age of 18 years.
  3. By accepting the Terms or using or transacting on the Website, the User irrevocably declares and undertakes that he/she is of legal age i.e. 18 years or older and capable of entering into a binding contract and such usage shall be deemed to form a contract between the Website and such User to the extent permissible under applicable laws.
  4. The usage of the Services offered through the Website is only available if the address of the User to which the product(s) is/are to be delivered area, we mentioned delivery instruction or guideline different pages and/or every product detailed page.

C. Communication

When you use NICE.COM.BD, or contact us via phone or email, you consent to receive communication from us. You authorize us to communicate with you by e-mail, SMS, phone call or by posting notices on the website or by any other mode of communication. For contractual purposes, you consent to receive communications (including transactional, promotional and/or commercial messages), from us with respect to your use of the website and/or your order placed on the Website.  Additionally any disclosures posted on the site, or sent to you by email fulfill the legal obligation of communication made in writing.


D. Your Account and Responsibilities

  1. Any person may access the Website either by registering to the Website or using the Website as a guest. However, a guest user may not have access to all sections of the Website including certain benefits/promotional offers, which shall be reserved only for the purpose of registered Users, and which may change from time to time at the sole discretion of the Website.
  2. If you wish to register your account with the Website, you shall be required to create an account by registering with a valid mobile number and/or with your Facebook account or your email address or by filling in the details prescribed in the Website registration form. You will then able to login website to place orders.
  3. If you use the website, you will be responsible for maintaining the confidentiality of your username and password and you will be responsible for all activities that occur under your username and you will be under the obligation to restrict access to your computer or mobile phone to prevent unauthorized access to your account. You should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner. You agree that if you provide any information that is untrue, inaccurate, not current or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this Terms of Use, we have the right to suspend or terminate your membership on the website.
  4. The Website may be inaccessible for such purposes as it may, at its sole discretions deem necessary, including but not limited to regular maintenance. However, under no circumstances will NICE.COM.BD be held liable for any losses or claims arising out of such inaccessibility to the Users and the Users expressly waive any claims against NICE.COM.BD in this regard.

E. Privacy

Please review our Privacy Policy, which also governs your visit to the Site. The personal information / data provided to us by you or your use of the Site will be treated as strictly confidential, in accordance with the Privacy Policy and applicable laws and regulations. If you object to your information being transferred or used in the manner specified in the Privacy Policy, please do not use the Site.


F. Charges

Membership on the website is free for users. NICE.COM.BD does not charge any fee for browsing and buying on the website. NICE.COM.BD reserves the right to change its fee policy from time to time. In particular, NICE.COM.BD may at its sole discretion introduce new services and modify some or all of the existing services offered on the website. In such an event, NICE.COM.BD reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the fee policy will be posted on the website and such changes will automatically become effective immediately after they are posted on the website.


G. Copyright

  1. The material (including the content, and any other content, software or services) contained on NICE.COM.BD are the property of NetLink Technologies Limited, its subsidiaries, affiliates and/or third party licensors. No material on this site may be copied, reproduced, republished, installed, posted, transmitted, stored or distributed without written permission from NetLink Technologies Limited.
  2. You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the website or any content, or in any way reproduce or circumvent the navigational structure or presentation of the website or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the website. We reserve our right to bar any such activity.

H. Cookies

This site uses cookies, which means that you must have cookies enabled on your computer in order for all functionality on this site to work properly. A cookie is a small data file that is written to your hard drive when you visit certain Web sites. Cookie files contain certain information, such as a random number user ID that the site assigns to a visitor to track the pages visited. A cookie cannot read data off your hard disk or read cookie files created by other sites. Cookies, by themselves, cannot be used to find out the identity of any user.


I. Promotional Activity

To promote its services NICE.COM.BD uses various advertisement and commercials which are truthful and are not deceptive or unfair to the best of our knowledge and belief. Every user is under the obligation to go through the relevant information contained in the Website before using the service and it will be assumed that each user is aware of every information provided in the Website. Images of products in the Website are for and by reference only and actual product may vary from the corresponding image exhibited. The Website disclaims any liabilities arising out of any discrepancies to this end to the fullest extent permitted by law.


J. The Contract

  1. Your order is an offer to us to buy the product(s) in your order. When you place an order to purchase a product from us, you will receive an e-mail and/or SMS to your mobile phone number confirming receipt of your order and/or containing the details of your order (the "Order Confirmation E-mail and/or SMS"). The Order Confirmation E-mail and/or SMS is acknowledgement that we have received your order, but does not confirm acceptance of your offer to buy the product(s) ordered; that when we send the Order Confirmation E-mail and/or SMS a contract called an “agreement to sell” is concluded in accordance with Section B(4) of the Sale of Goods Act, 1930 i.e. the transfer of the property in the goods is to take place at a future time when the product(s) is/are delivered to your designated address. We only accept your offer, and the above “agreement to sell” becomes a contract of sale for product(s) ordered by you in accordance with Section B(4) of the Sale of Goods Act, 1930, when the product(s) is/are delivered to your designated address and at that time the property in the goods is transferred from us to you.
  2. You can cancel your order for a product at no cost any time before the goods are booked for shipping to you.
  3. Please note that we sell products only in quantities which correspond to the typical needs of an average household. This applies both to the number of products ordered within a single order and the placing of several orders for the same product where the individual orders comprise a quantity typical for a normal household.

K. Product Descriptions

NICE.COM.BD attempts to be as accurate as possible. NICE.COM.BD does not manufacture or produce any product by themselves. Therefore, NICE.COM.BD does not warrant that product descriptions or other content of any NICE.COM.BD product is accurate, complete, reliable, current, or error-free. If a product offered by NICE.COM.BD itself is not as described, your sole remedy is to return it in unused condition.


L. Pricing

  1. Except where noted otherwise, the list price or suggested price displayed for products on NICE.COM.BD represents the price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The list price or suggested price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day.
  2. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the MRP of an item sold by NICE.COM.BD is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. And if the stated price on the product is lower than NICE.COM.BD, we will, either refund the amount or replace the product according to your preference, when acknowledged. This pricing terms valid only for Nice Retail Shop (Bangladesh); not for exportable products shipping to other country.

M. VAT/Taxes

You shall be responsible for payment of all fees/costs/charges associated with the purchase of products from this website and you agree to bear any and all applicable VAT/taxes as per prevailing law.


N. Returns & Refund

Please review our Returns Policy & Refund Policy for details.


O. Supply Policy

  1. NICE.COM.BD, itself does not produce or manufacture any product, therefore NICE.COM.BD tries to control the quality, but do not give quality assurance for any. We believe the manufacturer/ vendor/ supplier are fully capable of assuring the quality of every product.
  2. If any user, at the time of receiving the order delivery, finds any product injurious to health/ life/ security, we will take full liability and will accept return of that product. If the user faces any threat after 12 hours of the provided delivery, we will consider it as a lacking within the quality assurance from the manufacturers or suppliers.
  3. All products displayed on the website are subject to change and are subject to availability.

P. Modifications

NICE.COM.BD reserves the right to modify these Terms and Conditions. Such modifications shall be effective immediately upon posting on NICE.COM.BD. You are responsible for the reviewing of such modifications. Your continued access or use of NICE.COM.BD shall be deemed your acceptance of the modified terms and conditions.


Q. Software/App Terms

  1. Use of the NICE.COM.BD Software/Application/App: You may use NICE.COM.BD Software/ Application/ App solely for purposes of enabling you to use and enjoy the services as provided by NICE.COM.BD, and as permitted by these Terms. You may not incorporate any portion of the NICE.COM.BD Software / Application/ App into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the NICE.COM.BD Software / Application/ App or otherwise assign any rights to the NICE.COM.BD Software / Application/ App in whole or in part. You may not use the NICE.COM.BD Software / Application/ App for any illegal purpose. We may cease providing any NICE.COM.BD Software / Application/ App and we may terminate your right to use any NICE.COM.BD Software / Application/ App at any time. Your rights to use the NICE.COM.BD Software / Application/ App will automatically terminate without notice from us if you fail to comply with any of these Terms. All software used in any NICE.COM.BD Service is the property of NICE.COM.BD and/or its affiliates or its software suppliers and protected by laws of Bangladesh including but not limited to any other applicable copyright laws.
  2. Use of Third Party Services: When you use the NICE.COM.BD Software / Application/ App, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of those third parties.
  3. No Reverse Engineering: You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the NICE.COM.BD Software / Application/ App, whether in whole or in part, or create any derivative works from or of the NICE.COM.BD Software / Application/ App.
  4. Updates: In order to keep the NICE.COM.BD Software / Application/ App up-to-date, we may offer automatic or manual updates at any time and without notice to you. 

R. DISCLAIMER

You acknowledge and undertake that you are accessing the services on this website and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through this website. We shall neither be liable nor responsible for any actions or inactions of manufacturer nor any breach of conditions, representations or warranties by the 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 manufacturers of the products.

We further expressly disclaim any warranties or representations 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 this website. While we have taken precautions to avoid inaccuracies in content, this website, 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 this website. At no time shall any right, title or interest in the products sold through or displayed on this website vest with us nor shall NICE.COM.BD have any obligations or liabilities in respect of any transactions on this website. 

We shall neither be liable or responsible for any actions or inactions of any other service provider as listed on our website which includes but is not limited to payment providers, instalment offerings, warranty services amongst others.


S. Contact Information

If you have any questions about this Terms & Conditions, please contact us by email or regular mail at the following address:

Postal: GPO Post Box No : 2535, Dhaka-1000, BD.

Email: legal@nice.com.bd

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