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Terms & Condition

Terms & Condition

Terms & Condition

welcomes you

Welcome to Picky.

We offer you access to our product and services through our “Website” (defined below) subject to the following Terms of this agreement, which may be updated by us from time to time with or without notice to you.  By accessing and using this Website, you acknowledge that you have read, understood, and agree to be lawfully bound by these Terms and Conditions and our Privacy Policy, which are hereby incorporated by reference (collectively, this “Agreement”). In case you do not agree with any of these terms, then please do not use the Website. 

DEFINITIONS

“Agreement” refers to this Terms and Conditions and the Privacy Policy and other documents provided to you by the Website; 
“Product” or “Item” refers to the food product or goods available for sale by the registered Seller to the customers on the website.
“User”, “You” and “your” refers to the person who is accessing or taking any service from us. User shall include the company, partnership, sole trader, person, body corporate or association taking services of this Website

“Customer” and “Buyer” refers to the user who accesses the website and makes the payment for purchasing products and availing services;
“Seller” refers to the user accessing or registering with the website for creating its store in the website and offer various products and services from the website;
“We”, “us”, “our” are references to PICKY BANGLADESH LIMITED;
”Website” shall mean and include "https://www.picky.com.bd, and any successor Website or any of our affiliates;
"Customer Account” shall mean an electronic account opened for the customer for purchasing products and availing various services offered on the website;
“Seller Account” shall mean an electronic account opened by the user with the Platform to sell its product and services through the platform;


INTERPRETATION

All references to the singular include the plural and vice versa and the word "includes" should be construed as "without limitation".
Words importing any gender shall include all the other genders.
Reference to any statute, ordinance, or other law includes all regulations and other instruments and all consolidations, amendments, re-enactments, or replacements for the time being in force.
All headings, bold typing, and italics (if any) have been inserted for convenience of reference only and do not define limit, or affect the meaning or interpretation of the terms of this Agreement.


INTRODUCTION AND SCOPE

Scope. These Terms govern your use of the Website and the Services. Except as otherwise specified, these Terms do not apply to Third-Party Products or Services, which are governed by their terms of service.
Eligibility:  Certain Service of the Website is not available to users under the age of 18 or any users suspended or removed from the system by us for any reason.
Electronic Communication: When you use this Website or send e-mails and other electronic communications from your desktop or mobile device to us, you are communicating with us electronically. By sending, you agree to receive a reply communications from us electronically in the same format and you can keep copies of these communications for your records.


SERVICES

At picky.com.bd, we provide you meticulously designed Multivendor e-commerce platform where customers can buy products, and Seller (registered) can sell their products online.
With all of our products, we focus on quality by having our products subject to rigorous quality checks before it reaches you.


MODIFICATIONS TO THE SERVICE

We reserve the right, at our discretion, to change, modify, add to, or remove portions of the Terms (collectively, “Changes”), at any time. We may notify you of changes by sending an email to the address identified in your Account or by posting a revised version of the Terms incorporating the Changes to its Website. Your continued use of the Site following the posting of changes will mean that you accept and agree to the Changes.


ABOUT OUR SERVICE

We act as an aggregator between Buyers and Sellers and provide services that have been designed to save your time and money. We strive to provide you with the information you need to make an informed choice on which provider of service best suits your needs. We accept no responsibility for any loss, damage, or death that happens during and after the service. Seller shall indemnify us for all claims and liabilities arising out of any use by the Seller of the Website, including costs and expenses incurred.


ACCOUNT

For accessing the website and using certain Resources, you may be required to provide specific information and to create a user ID and password to establish an account.
You accept that the details you provide about establishing an account are correct and that you will keep your details up-to-date. You are responsible for the security of all of your user names, passwords, and registration information (such as unique account identifiers or historical billing information), and you are solely responsible for any use (authorized or not) of your accounts. You agree to notify us immediately about any unauthorized activity regarding any of your accounts or other breaches of security. We may at our discretion suspend or terminate any of your user names and passwords at any time with or without notice


USER CONTENT

Content Responsibility.  The website permits you to post comments, feedback, etc. but you are solely responsible for the content posted by you. You represent that you have required permission to use the content.
When posting content to the website, please do not post content that:
contains ill-mannered, profane, abusive, racist or hateful language or expressions, text, photographs or illustrations that are pornographic or in poor taste, inflammatory attacks of a personal, racial or religious nature;
is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims;
violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community;
discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law;
violates or inappropriately encourages the violation of any municipal, state, federal, or international law, rule, regulation, or ordinance;
uses or attempts to use another's account, password, service, or system except as expressly permitted by the Terms of use uploads or transmits viruses or other harmful, disruptive, or destructive files;
sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual or repeats prior posting of the same message under multiple emails or subjects.
Any submitted content will be refused by us. If repeated violations occur, we reserve the right to cancel user access to the website without advanced notice


ORDERING


FAll the purchases from this website shall be governed by our terms and conditions.
If you make an Order for buying any product from our website. At the time of order, while providing your details you must be careful and warrant that the details provided are true and accurate.
Payment mode shall be:
Online: Credit Cards and Debit cards;
Any order to purchase a product that you place with us is subject to acceptance by us. When you make your order online we will provide you an email to confirm that we have received it.
If there is an error in the order confirmation, please contact us immediately by email at info@picky.com.bd.
We may refuse or be unable to process your order if:
Your card does not give authorization for the payment of the purchase price.
You do not meet the eligibility to order criteria set out above.
You must notify us instantly if any particulars are inappropriate. If your payment has not been accepted you will be informed of this in writing along with the reasons
We are happy to support you if there is any issue you can contact our back-office team for any inquiry or problem.
A refund shall be made as per our Refund policy.
We take customer feedback very seriously and use it to constantly improve our products and quality of service.


GENERAL CONDITIONS

We do not guarantee the accuracy, completeness, validity, or timeliness of the information listed by us.

We make material changes to these terms and conditions from time to time, we may notify you either by prominently posting a notice of such changes or via email communication.

The website is licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis, solely to be used in connection with the Service for your private, personal, non-commercial use, subject to all the terms and conditions of this Agreement as they apply to the Service.

We reserve the right for any printing errors on this site as well as the final sales of products. We do not guarantee that the images reflect the exact appearance of the products as a certain color difference may occur depending on the monitor, photo quality, and resolution. We always try our best to expose the products as accurately as possible.

We shall have no liability to you for any failure to deliver products you have ordered or any delay in doing so or for any damage or defect to Products delivered if caused by any event or circumstances beyond our reasonable control including, without limitation, adverse weather, pandemics, strikes, lockouts, and other industrial disputes, breakdown or systems or network access, flood, fire, explosion or accident.


OBLIGATIONS AND RESPONSIBILITIES

QUALITY AND QUANTITY ASSURANCE:
Before the Product(s) are displayed/advertised on the Platform, the Seller ensures the availability of the Products for servicing customers’ orders.
LICENSE TO MAKE USE OF INTELLECTUAL PROPERTY.
The Seller hereby grants to the PICKY BANGLADESH LIMITED during the Term of this agreement, a royalty-free irrevocable license to use its Intellectual Property to provide the Services by the PICKY BANGLADESH LIMITED as contemplated hereunder.
In the event, the Seller sources the Products from any Supplier, the Seller shall obtain all applicable licenses and consents for the use of such Supplier’s Intellectual Property in connection with the Product being sourced from such Supplier to provide the Services by the PICKY BANGLADESH LIMITED, before the display/advertising of such Products on the Platform.
The term “Intellectual Property” shall mean and include logos, trade names, brand names, trademarks, copyrights, and other relevant intellectual property rights relevant to the advertisement and sale of the Products.


LIMITED GUARANTEE

By this Website:
We provide an opportunity for you to avail the offered Products and Services from our Website.
We do not provide any warranty or guarantee that the products and service descriptions are accurate, complete, reliable, current, or error-free. If a Services offered by the Website is not as described, your sole remedy is to intimate us about Services for taking further action.


GEOGRAPHIC RESTRICTION

We reserve the right, but not the obligation, to limit the usage or supply of any service to any person, geographic region, or jurisdiction. We may use this right as per necessity. We reserve the right to suspend any Service at any time. Any offer to provide any Service made on this Website is invalid where banned.


USER RESPONSIBILITIES

You shall use the Service and Website for a lawful purpose and comply with all the applicable laws while using the Website;
You shall not use or access the Website for collecting any market research for some competing business;
You shall not misrepresent or personate any person or entity for any false or illegal purpose;
You will not use any device, scraper, or any automated thing to access the Website for any means without taking permission.
You will inform us about anything that is inappropriate or  you can inform us if you find something illegal;
You will not interfere with or try to interrupt the proper operation of the Website through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or try to gain access to any data, files, or passwords connected to the Website through hacking, password or data mining, or any other means;
You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Website;   
You will let us know about the unsuitable content of which you become aware.  If you discover something that infringes any law, please let us know, and we’ll review it.
We reserve the right, in our sole and absolute discretion, to deny you access to the Website or any service, or any portion of the Website or service, without notice, and to remove any content.


SELLERS OBLIGATIONS

The Seller takes full responsibility for all information that the seller provides on the www.picky.com.bd Website and must indemnify the PICKY BANGLADESH LIMITED about any liability incurred by the PICKY BANGLADESH LIMITED as a result of such information.
The Seller shall be required to provide an actual business name for registration on the website.
Seller shall indemnify PICKY BANGLADESH LIMITED for all claims and liabilities arising out of any use by the Seller of the www.picky.com.bd Website, including costs and expenses incurred.
The Seller shall be liable and responsible for any claim or legal proceeding arising out of the use /sale of fake or Adulterated product by the Seller
The Seller is not an employee of the PICKY BANGLADESH LIMITED and accepts full responsibility for all Income Tax, National Insurance, and other liabilities arising from the use of the www.picky.com.bd Website.
All information provided by a Seller on the www.picky.com.bd Website must be accurate and kept up-to-date. This includes the correct name, address, telephone number, and product details. Details entered by the Seller on the www.picky.com.bd Website will be publicly visible and may appear in search engine results.
The use of the www.picky.com.bd Website is entirely at a customer/Seller's own risk. A customer must exercise complete caution when using the www.picky.com.bd Website.
The Seller shall be required to take necessary licenses as per the applicable law for selling alcoholic products to the consumers.
The Seller agrees and undertakes to fully co-operate with the PICKY BANGLADESH LIMITED as reasonably required, in connection with any customer-service functions undertaken by the PICKY BANGLADESH LIMITED. Such services can be provided by the Seller either on its own or through the Suppliers, as the case may be.
The Seller authorizes the PICKY BANGLADESH LIMITED to place;
description of each of its Products (including but not limited to the technical description of the Products, brand name of the Product, the price of the Product, and any applicable warranty terms) on the Platform.
The Seller rating is based on Seller performance and customer reviews.


EXCLUSION OF LIABILITY

We take no responsibility for any indirect damage that may result from the product.
We accept no responsibility for delays/errors due to circumstances outside of our’s ruling (Force Majeure). These circumstances can be, for example, labor conflict, fire, war, government decisions, reduced or non-delivery from the supplier.
We shall not be liable and responsible for the behavior of the users (both Sellers and the customers). And we are also not accountable for the quality of the products provided by the Sellers on the website.
You understand and agree that we (a) do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us or any third parties; and (b) shall not be responsible for any materials posted by us or any third party. You shall use your judgment, caution, and common sense in evaluating any prospective methods or offers and any information provided by us or any third party.
Further, we shall not be liable for direct, indirect consequential, or any other form of loss or damage that may be suffered by a user through the use of the www.picky.com.bd Website including loss of data or information or any kind of financial or physical loss or damage.
In no event shall PICKY BANGLADESH LIMITED, nor its owners, directors, employees, partners, agents, suppliers, or affiliates, be accountable for any indirect, incidental, special, eventful, or exemplary costs, including without limitation, loss of proceeds, figures, usage, goodwill, or other intangible losses, consequential from (i) your use or access of or failure to access or use the Service; (ii) any conduct or content of any third party on the Service; and (iii) unlawful access, use or alteration of your transmissions or content, whether or not based on guarantee, agreement, domestic wrong (including carelessness) or any other lawful concept, whether or not we've been aware of the possibility of such damage.


NO RESPONSIBILITY

We are not responsible to you for:
any reliance that you may place on any material or commentary posted on our website. Please note that nothing contained in our website or the material published on it is intended to amount to advice on which you should rely; or
any losses you suffer because the information you put into our website is inaccurate or incomplete; or
any losses you suffer because you cannot use our website at any time; or
any errors in or omissions from our website; or
any unauthorized access or loss of personal information that is beyond our control.


THIRD-PARTY LINKS

The Website may comprise links to external or third-party Websites (“External Sites”).  These links are provided exclusively as ease to you and not as an authorization by us of the content on such External Sites.  The content of such External Sites is created and used by others.  You can communicate with the site administrator for those External Sites.  We are not accountable for the content provided in the link of any External Sites and do not provide any representations about the content or correctness of the information on such External Sites.  You should take safety measures when you are downloading files from all these Websites to safeguards your computer from viruses and other critical programs.  If you agree to access linked External Sites, you do so at your own risk.


THIRD-PARTY LINKSPERSONAL INFORMATION AND PRIVACY POLICY

By accessing or using this Website, you approve us to use, store, or otherwise process your personal information as per our Privacy Policy.


ERRORS, INACCURACIES, AND OMISSIONS

Every effort has been taken to ensure that the information offered on this Website is accurate and error-free. We apologize for any errors or omissions that may have occurred. We cannot give you any warranty that usage of the Website will be error-free or fit for purpose, timely, that defects will be amended, or that the site or the server that makes it available are free of viruses or bugs or signifies the full functionality, accuracy, reliability of the Website and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.


DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

The website and the service are provided on an “as is” and “as available” basis without any warranties of any kind, including that the website will operate error-free or that the website, its servers, or its content or service are free of computer viruses or similar contamination or destructive features.
We disclaim all licenses or warranties, including, but not limited to, licenses or warranties of title, merchantability, non-violation of third parties rights, and fitness for a particular purpose and any warranties arising from a matter of dealing, course of performance, or usage of trade. In relation with any warranty, contract, or common law tort claims: (i) we shall not be liable for any unintended, incidental, or substantial damages, lost profits, or damages resulting from lost data or business stoppage resulting from the use or inability to access and use the website or the content, even if we have been recommended of the possibility of such damages. The website may comprise technical incorrectness or typographical errors or omissions. Unless required by applicable laws, we are not accountable for any such typographical, technical, or pricing errors recorded on the website.  The website may contain information on certain services, not all of which are available in every location.  A reference to a service on the websites does not suggest that such service is or will be accessible in your location.  We reserve the right to do changes, corrections, and/or improvements to the website at any time without notice.


COPYRIGHT AND TRADEMARK

The Website contains material, such as software, text, graphics, images, designs, sound recordings, audiovisual works, and other material provided by or on behalf of us (collectively referred to as the “Content”).  The Content may be possessed by us or third parties.   Unauthorized use of the Content may infringe copyright, trademark, and other laws.  You have no rights in or to the Content, and you will not take the Content except as allowed under this Agreement.  No other use is allowed without prior written consent from us.  You must recollect all copyright and other proprietary notices contained in the original Content on any copy you make of the Content.  You may not transfer, provide license or sub-license, sell, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose.  The use or posting of the Content on any other Website or in a networked computer environment for any purpose is expressly prohibited. If you infringe any part of this Agreement, your permission to access and/or use the Content and the Website automatically terminates and you must immediately destroy any copies you have made of the Content. Our trademarks, service marks, and logos used and displayed on the Website are registered and unregistered trademarks or service marks of us.  Other company, product, and service names located on the Website may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with us, the “Trademarks”).  Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use.    None of the Content may be retransmitted without our express, written consent for every instance.


INDEMNIFICATION

You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees, and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your misuse of the Content or the Website.  We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding.  We reserve the right, at your expense, to assume the exclusive defense and control of any matter that is subject to indemnification under this section.  In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.


MISCELLANEOUS

SEVERABILITY If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable. TERMINATION Term. The Services will be provided to you can be canceled or terminated by us. We may terminate these Services at any time, with or without cause, upon written notice. We will have no liability to you or any third party because of such termination. Termination of these Terms will terminate all of your Services subscriptions. Effect of Termination. Upon termination of these Terms for any reason, or cancellation or expiration of your Services: (a) We will cease providing the Services; (b) you will not be entitled to any refunds or usage fees, or any other fees, pro-rata or otherwise; (c) any fees you owe to us will immediately become due and payable in full, and (d) we may delete your archived data within 30 days. All sections of the Terms that expressly provide for survival, or by their nature should survive, will survive termination of the Terms, including, without limitation, indemnification, warranty disclaimers, and limitations of liability.


ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties hereto concerning the subject matter contained in this Agreement.


GOVERNING LAW AND JUDICIAL RECOURSE

The terms herein will be governed by and construed under the Law of Bangladesh without giving effect to any principles of conflicts of law. The Courts of Bangladesh shall have exclusive jurisdiction over any dispute arising from the use of the Website


 FORCE MAJEURE

We will have no liability to you, your users, or any third party for any failure us to perform its obligations under these Terms if such non-performance arises as a result of the occurrence of an event beyond the reasonable control of us, including, without limitation, an act of war or terrorism, natural disaster, failure of electricity supply, riot, civil disorder, or civil commotion or other force majeure event.


 ASSIGNMENT

We shall have the right to assign/transfer this agreement to any third party including our holding, subsidiaries, affiliates, associates, and group companies, without any consent of the User.


CONTACT INFORMATION

If you have any questions about these Terms, please contact us at info@picky.com.bd.


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