Terms & Conditions
TERMS & CONDITIONS
FairMart is an e-commerce marketplace with the goal to provide premium online shopping experience to customers. FairMart is a new inclusion of Fair Group.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
INTELLECTUAL PROPERTY RIGHTS
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
By using the Site, you represent and warrant that:
(1) All registration information you submit will be true, accurate, current, and complete
(2) You will maintain the accuracy of such information and promptly update such registration information as necessary
(4) You are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the site
(5) You will not access the site through automated or non-human means, whether through a bot, script or otherwise
(6) You will not use the site for any illegal or unauthorized purpose
(7) Your use of the site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change the username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
1. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
By posting your Contributions to any part of the Site or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media format and through any media channel.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion,
(1) To edit, redact, or otherwise change any Contributions
(2) To re-categorize any Contributions to place them in more appropriate locations on the Site
(3) To pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
GUIDELINES FOR REVIEWS
We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria:
(1) You should have firsthand experience with the person/entity being reviewed
(2) Your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language
(3) Your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability
(4) Your reviews should not contain references to illegal activity
(5) You should not be affiliated with competitors if posting a negative review
(6) You should not make any conclusions as to the legality of conduct
(7) You may not post any false or misleading statements
(8) You may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews at our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
MOBILE APPLICATION LICENSE
(1) Decompile, reverse engineer, disassemble, and attempt to derive the source code of, or decrypt the application
(2) Make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application
(3) Violate any applicable laws, rules, or regulations in connection with your access or use of the application
(4) Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application
(5) Use the application for any revenue-generating endeavor, commercial enterprise, or other purposes for which it is not designed or intended
(6) Make the application available over a network or other environment permitting access or use by multiple devices or users at the same time
(7) Use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application
(8) Use the application to send automated queries to any website or to send any unsolicited commercial e-mail
(9) Use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.
As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either:
(1) Providing your Third-Party Account login information through the Site
(2) Allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account.
By granting us access to any Third-Party Accounts, you understand that
(1) We may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists
(2) We may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site.
You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site. You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
THIRD-PARTY WEBSITE AND CONTENT
we reserve the right, but not the obligation, to
(3) In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof
(4) In our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that is excessive in size or is in any way burdensome to our systems
(5) Otherwise, manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.
TERM AND TERMINATION
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
These Terms shall be governed by and defined following the laws of Bangladesh. FAIR MART LIMITED and you irrevocably consent that the courts of Bangladesh shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
The site is provided on an as-is and as-available basis. You agree that your use of the site and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the site and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the site’s content or the content of any websites linked to the site and we will assume no liability or responsibility for any
(1) Errors, mistakes, or inaccuracies of content and materials
(2) Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the site
(3) Any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein
(4) Any interruption or cessation of transmission to or from the site
(5) Any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the site by any third party, and/or
(6) Any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the site. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
LIMITATIONS OF LIABILITY
In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the site, even if we have been advised of the possibility of such damages.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:
(1) Your Contributions
(2) Use of the Site
(5) Your violation of the rights of a third party, including but not limited to intellectual property rights;
(6) Any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the site, satisfy any legal requirement that such communication is in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
You understand that products of a particular style may be sold on the Platform by multiple sellers and the product price on the listing page of the Platform, may not always reflect the lowest price for that particular style. This is because the seller whose price is displayed on the list page is selected based on the application of a number of parameters and price is only one such parameter.
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.
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.
Ordering Process, Pricing and product availability
Be informed that there might be cases when an order might not be processed for various reasons. FairMart reserves the right to refuse or cancel any order for any reason at any given time. We may ask you to provide additional information or details for verification, including but not limited to phone number and address before we process the order.
In order to avoid any fraudulent activity 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 might be in the shape of an identity, place of residence, or banking information check. Failing to provide an answer to such an inquiry will automatically cause the cancellation of the order within a given timeline. We reserve the right to proceed to direct cancellation of an order for which we suspect any fraudulent activity of card or bank or other reasons without prior notice or any subsequent legal liability.
All the prices are listed in Bangladeshi Taka (BDT) and are inclusive of VAT and are listed on the Site by the merchant that is selling the product or service. Items in your Shopping Cart will always show the most recent price which is provided on the item's detail page. Please note that the price may differ from the price shown of the item when you first added it to your cart. Keeping an item in your cart does not reserve the price shown at that time. It is possible that an item's price may decrease/increase between the time you add it to your cart and the time you purchase it.
We do not offer price matching for any items sold by any merchant on our platform or other websites.
We constantly work to provide the most accurate pricing information on our platform to our users for the best experience; however, errors may still occur, such as cases that the price of an item may not be displayed correctly on the platform. In such cases, we reserve the right to refuse or cancel the order. Furthermore, if such cases occur that is an item is wrongly priced, we may, at our own discretion, either contact you for discussion 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 case occurs on your prepaid order, our policies for refund will apply. Please note that FairMart reserves 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. Please visit the return and refund policy link https://fairmart.com.bd/return-and-refund-policy to better understand our policy.
We list the stock availability of products listed on the platform, including on each item page. Beyond what we say on the item page or otherwise on the platform, cannot be more specific about stock availability. We don’t have any guaranteed processing time and moreover if there is any stock issue while processing your order, FairMart reserves the right to cancel any order without having any subsequent legal liability. In such cases we will notify you via email/SMS or call and if prepaid order we will process the refund according to our refund policy.
OFFERS & CAMPAIGN
Upon registration, the customer will get 500tk coupon. To use the coupon customer will need to have a minimum of 2000tk product in the cart. FairMart reserves the right to change or cancel any coupon or the whole campaign without prior notice. Campaign time varies with time.
Stock availability: The orders are subject to the availability of stock.
Delivery Timeline: The delivery might take longer than the usual timeframe/line to be followed by FairMart Delivery might be delayed due to unavoidable situations which include, but are not limited to, political unrest, political event, national/public holidays, etc.
Cancellation: FairMart retains the right to cancel any order at its sole discretion prior to dispatch and for any reason which may include, but not limited to, the product being mispriced, out of stock, expired, defective, malfunctioned, and containing incorrect information or description arising out of technical or typographical error or for any other reason.
Refund Timeline: If an order is canceled, the payment against such order shall be refunded within 10 (ten) working days, but it may take a longer time in exceptional cases. Provided that the received cashback amount, if any, will be adjusted with the refund amount.
Dispute: FairMart decision will be the final decision in any dispute claim regarding any orders.
In order to resolve a complaint regarding the Site or to receive further information regarding the use of the Site, please contact us. To contact us visit the following link https://fairmart.com.bd/contact