Terms & Conditions
Terms and Conditions
This
Agreement is deemed effective upon your use of the Site which signifies your
acceptance of these terms. If you do not agree to be bound by this User
Agreement please do not access, register with or use this Site. This Site is
owned and operated by Signature Digital Limited, a company incorporated
under the Companies Act, 1994, (Registration Number: C- 162098/2020).
The
Site reserves the right to change, modify, add, or remove portions of these
Terms and Conditions at any time without any prior notification. Changes will
be effective when posted on the Site with no other notice provided. Please
check these Terms and Conditions regularly for updates. Your continued use of
the Site following the posting of changes to Terms and Conditions of use
constitutes your acceptance of those changes.
CONDITIONS OF USE
1. YOUR ONLINE ACCOUNT
To access certain services offered by the platform, we may
require that you create an account with us or provide personal information to
complete the creation of an account. We may at any time in our sole and
absolute discretion, invalidate the username and/or password without giving any
reason or prior notice and shall not be liable or responsible for any losses
suffered by, caused by, arising out of, in connection with or by reason of such
request or invalidation.
You are responsible for maintaining the confidentiality of your user
identification, password, account details and related private information. You
agree to accept this responsibility and ensure your account and its related details
are maintained securely at all times and all necessary steps are taken to
prevent misuse of your account. You should inform us immediately if you have
any reason to believe that your password has become known to anyone else, or if
the password is being, or is likely to be, used in an unauthorized manner. You
agree and acknowledge that any use of the Site and related services offered
and/or any access to private information, data or communications using your
account and password shall be deemed to be either performed by you or
authorized by you as the case may be. You agree to be bound by any access of
the Site and/or use of any services offered by the Site (whether such access or
use are authorized by you or not). You agree that we shall be entitled (but not
obliged) to act upon, rely on or hold you solely responsible and liable in
respect thereof as if the same were carried out or transmitted by you. You
further agree and acknowledge that you shall be bound by and agree to fully
indemnify us against any and all losses arising from the use of or access to
the Site through your account.
Please
ensure that the details you provide us with are correct and complete at all
times. You are obligated to update details about your account in real time by
accessing your account online. For pieces of information you are not able to
update by accessing Your Account on the Site, you must inform us via our
customer service communication channels to assist you with these changes. We
reserve the right to refuse access to the Site, terminate accounts, remove or
edit content at any time without prior notice to you. We may at any time in our
sole and absolute discretion, request that you update your Personal Data or
forthwith invalidate the account or related details without giving any reason
or prior notice and shall not be liable or responsible for any losses suffered
by or caused by you or arising out of or in connection with or by reason of
such request or invalidation. You hereby agree to change your password from
time to time and to keep your account secure and also shall be responsible for
the confidentiality of your account and liable for any disclosure or use
(whether such use is authorized or not) of the username and/or password.
2. PRIVACY
Please review our Privacy Agreement, which also governs your
visit to the Site. The personal information / data provided to us by you or
your use of the Site will be treated as strictly confidential, in accordance
with the Privacy Agreement and applicable laws and regulations. If you object
to your information being transferred or used in the manner specified in the
Privacy Agreement, please do not use the Site.
3. PLATFORM FOR COMMUNICATION
You agree, understand and acknowledge that the Site is an online
platform that enables you to purchase products listed at the price indicated
therein at any time from any location using a payment method of your choice.
You further agree and acknowledge that we are only a facilitator and cannot be
a party to or control in any manner any transactions on the Site or on a
payment gateway as made available to you by an independent service provider.
Accordingly, the contract of sale of products on the Site shall be a strictly
bipartite contract between you and the sellers on our Site while the payment
processing occurs between you, the service provider and in case of prepayments
with electronic cards your issuer bank. Accordingly, the contract of payment on
the Site shall be strictly a bipartite contract between you and the service
provider as listed on our Site.
4. CONTINUED AVAILABILITY OF THE SITE
We will do our utmost to ensure that access to the Site is
consistently available and is uninterrupted and error-free. However, due to the
nature of the Internet and the nature of the Site, this cannot be guaranteed.
Additionally, your access to the Site may also be occasionally suspended or
restricted to allow for repairs, maintenance, or the introduction of new
facilities or services at any time without prior notice. We will attempt to
limit the frequency and duration of any such suspension or restriction.
5. LICENSE TO ACCESS THE SITE
We require that by accessing the Site, you confirm that you can
form legally binding contracts and therefore you confirm that you are at least
18 years of age or are accessing the Site under the supervision of a parent or
legal guardian. We grant you a non-transferable, revocable and non-exclusive
license to use the Site, in accordance with the Terms and Conditions described
herein, for the purposes of shopping for personal items and services as listed
to be sold on the Site. Commercial use or use on behalf of any third party is
prohibited, except as explicitly permitted by us in advance. If you are
registering as a business entity, you represent that you have the authority to
bind that entity to this User Agreement and that you and the business entity
will comply with all applicable laws relating to online trading. No person or
business entity may register as a member of the Site more than once. Any breach
of these Terms and Conditions shall result in the immediate revocation of the
license granted in this paragraph without notice to you.
Content provided on this Site is solely for informational purposes. Product
representations including price, available stock, features, add-ons and any
other details as expressed on this Site are the responsibility of the vendors
displaying them and is not guaranteed as completely accurate by us. Submissions
or opinions expressed on this Site are those of the individual(s) posting such
content and may not reflect our opinions.
We grant you a limited license to access and make personal use of this Site,
but not to download (excluding page caches) or modify the Site or any portion
of it in any manner. This license does not include any resale or commercial use
of this Site or its contents; any collection and use of any product listings,
descriptions, or prices; any derivative use of this Site or its contents; any
downloading or copying of account information for the benefit of another seller;
or any use of data mining, robots, or similar data gathering and extraction
tools.
This Site or any portion of it (including but not limited to any copyrighted
material, trademarks, or other proprietary information) may not be reproduced,
duplicated, copied, sold, resold, visited, distributed or otherwise exploited
for any commercial purpose without express written consent by us as may be
applicable.
You may not frame or use framing techniques to enclose any trademark, logo, or
other proprietary information (including images, text, page layout, or form)
without our express written consent. You may not use any meta tags or any other
text utilizing our name or trademark without our express written consent, as
applicable. Any unauthorized use terminates the permission or license granted
by us to you for access to the Site with no prior notice. You may not use our
logo or other proprietary graphic or trademark as part of an external link for
commercial or other purposes without our express written consent, as may be
applicable.
You agree and undertake not to perform restricted activities listed within this
section; undertaking these activities will result in an immediate cancellation
of your account, services, reviews, orders or any existing incomplete transaction
with us and in severe cases may also result in legal action:
·
Refusal to comply with the
Terms and Conditions described herein or any other guidelines and policies
related to the use of the Site as available on the Site at all times.
·
Impersonate any person or
entity or to falsely state or otherwise misrepresent your affiliation with any
person or entity.
·
Use the Site for illegal
purposes.
·
Attempt to gain unauthorized
access to or otherwise interfere or disrupt other computer systems or networks
connected to the Platform or Services.
·
Interfere with another’s
utilization and enjoyment of the Site;
·
Post, promote or transmit
through the Site any prohibited materials as deemed illegal by The People's
Republic of Bangladesh.
·
Use or upload, in any way, any
software or material that contains, or which you have reason to suspect that
contains, viruses, damaging components, malicious code or harmful components
which may impair or corrupt the Site’s data or damage or interfere with the
operation of another Customer’s computer or mobile device or the Site and use
the Site other than in conformance with the acceptable use policies of any
connected computer networks, any applicable Internet standards and any other
applicable laws.
6. YOUR CONDUCT
You must not use the website in any way that causes, or is
likely to cause, the Site or access to it to be interrupted, damaged or
impaired in any way. You must not engage in activities that could harm or
potentially harm the Site, its employees, officers, representatives,
stakeholders or any other party directly or indirectly associated with the Site
or access to it to be interrupted, damaged or impaired in any way. You
understand that you, and not us, are responsible for all electronic
communications and content sent from your computer to us and you must use the
Site for lawful purposes only. You are strictly prohibited from using the Site
- for
fraudulent purposes, or in connection with a criminal offense or other
unlawful activity
- to
send, use or reuse any material that does not belong to you; or is
illegal, offensive (including but not limited to material that is sexually
explicit content or which promotes racism, bigotry, hatred or physical
harm), deceptive, misleading, abusive, indecent, harassing, blasphemous,
defamatory, libellous, obscene, pornographic, paedophilic or menacing;
ethnically objectionable, disparaging or in breach of copyright,
trademark, confidentiality, privacy or any other proprietary information
or right; or is otherwise injurious to third parties; or relates to or
promotes money laundering or gambling; or is harmful to minors in any way;
or impersonates another person; or threatens the unity, integrity,
security or sovereignty of Bangladesh or friendly relations with foreign
States; or objectionable or otherwise unlawful in any manner whatsoever;
or which consists of or contains software viruses, political campaigning,
commercial solicitation, chain letters, mass mailings or any "spam”
- Use
the Site for illegal purposes.
- to
cause annoyance, inconvenience or needless anxiety
- for
any other purposes that is other than what is intended by us
7. YOUR SUBMISSION
Anything that you submit to the Site and/or provide to us,
including but not limited to, questions, reviews, comments, and suggestions
(collectively, "Submissions") will become our sole and exclusive
property and shall not be returned to you. In addition to the rights applicable
to any Submission, when you post comments or reviews to the Site, you also
grant us the right to use the name that you submit, in connection with such
review, comment, or other content. You shall not use a false e-mail address,
pretend to be someone other than yourself or otherwise mislead us or third
parties as to the origin of any Submissions. We may, but shall not be obligated
to, remove or edit any Submissions without any notice or legal course
applicable to us in this regard.
8. CLAIMS AGAINST OBJECTIONABLE
CONTENT
We list thousands of products for sale offered by numerous
sellers on the Site and host multiple comments on listings, it is not possible
for us to be aware of the contents of each product listed for sale, or each
comment or review that is displayed. Accordingly, we operate on a "claim,
review and takedown" basis. If you believe that any content on the Site is
illegal, offensive (including but not limited to material that is sexually
explicit content or which promotes racism, bigotry, hatred or physical harm),
deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory,
libellous, obscene, pornographic, paedophilic or menacing; ethnically
objectionable, disparaging; or is otherwise injurious to third parties; or
relates to or promotes money laundering or gambling; or is harmful to minors in
any way; or impersonates another person; or threatens the unity, integrity,
security or sovereignty of Bangladesh or friendly relations with foreign
States; or objectionable or otherwise unlawful in any manner whatsoever; or
which consists of or contains software viruses, (" objectionable content "),
please notify us immediately by following by writing to us on signaturedigital.ltd@gmail.com. We
will make all practical endeavours to investigate and remove valid
objectionable content complained about within a reasonable amount of time.
Please ensure to provide your name, address, contact information and as many
relevant details of the claim including name of objectionable content party,
instances of objection, proof of objection amongst other. Please note that
providing incomplete details will render your claim invalid and unusable for
legal purposes.
9. CLAIMS AGAINST INFRINGING CONTENT
We respect the intellectual property of others. If you believe
that your intellectual property rights have been used in a way that gives rise
to concerns of infringement, please write to us at signaturedigital.ltd@gmail.com and we will
make all reasonable efforts to address your concern within a reasonable amount
of time. Please ensure to provide your name, address, contact information and
as many relevant details of the claim including name of infringing party,
instances of infringement, proof of infringement amongst other. Please note
that providing incomplete details will render your claim invalid and unusable
for legal purposes. In addition, providing false or misleading information may
be considered a legal offense and may be followed by legal proceedings.
We also respect a manufacturer's right to enter into exclusive distribution or
resale agreements for its products. However, violations of such agreements do
not constitute intellectual property rights infringement. As the enforcement of
these agreements is a matter between the manufacturer, distributor and/or
respective reseller, it would not be appropriate for us to assist in the
enforcement of such activities. While we cannot provide legal advice, nor share
private information as protected by the law, we recommend that any questions or
concerns regarding your rights may be routed to a legal specialist.
10. TRADEMARKS AND COPYRIGHTS
MAUUN.COM,
MAUUN logo and other marks indicated on our Site are trademarks or
registered trademarks in the relevant jurisdiction(s). Our graphics, logos,
page headers, button icons, scripts and service names are the trademarks or
trade dress and may not be used in connection with any product or service that
does not belong to us or in any manner that is likely to cause confusion among
customers, or in any manner that disparages or discredits us. All other
trademarks that appear on this Site are the property of their respective
owners, who may or may not be affiliated with, connected to, or sponsored by
us.
All intellectual property rights, whether registered or unregistered, in the
Site, information content on the Site and all the website design, including,
but not limited to text, graphics, software, photos, video, music, sound, and
their selection and arrangement, and all software compilations, underlying
source code and software shall remain our property. The entire contents of the
Site also are protected by copyright as a collective work under Bangladeshi
copyright laws and international conventions. All rights are reserved.
11. DISCLAIMER
You acknowledge and undertake that you are accessing the
services on the Site and transacting at your own risk and are using your best
and prudent judgment before entering into any transactions through the Site. We
shall neither be liable nor responsible for any actions or inactions of sellers
nor any breach of conditions, representations or warranties by the sellers or
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 sellers or manufacturers of the
products.
We further expressly disclaim any warranties or representations (express or
implied) in respect of quality, suitability, accuracy, reliability,
completeness, timeliness, performance, safety, merchantability, fitness for a
particular purpose, or legality of the products listed or displayed or
transacted or the content (including product or pricing information and/or
specifications) on the Site. While we have taken precautions to avoid
inaccuracies in content, this Site, all content, information (including the
price of products), software, products, services and related graphics are
provided as is basis, without warranty of any kind. We do not implicitly or
explicitly support or endorse the sale or purchase of any products on the Site.
At no time shall any right, title or interest in the products sold through or
displayed on the Site vest with us nor shall MAUUN have any obligations or
liabilities in respect of any transactions on the Site.
We shall neither be liable or responsible for any actions or inactions of any
other service provider as listed on our Site which includes but is not limited
to payment providers, instalment offerings, warranty services amongst others.
12. INDEMNITY
You shall indemnify and hold harmless Signature Digital as owned
by Signature Digital Limited, its subsidiaries, affiliates and their respective
officers, directors, agents and employees, from any claim or demand, or actions
including reasonable attorney's fees, made by any third party or penalty
imposed due to or arising out of your breach of these Terms and Conditions or
any document incorporated by reference, or your violation of any law, rules,
regulations or the rights of a third party.
You hereby expressly release Signature Digital as owned by Signature Digital
Limited and/or its affiliates and/or any of its officers and
representatives from any cost, damage, liability or other consequence of any of
the actions/inactions of the sellers or other service providers and
specifically waiver any claims or demands that you may have in this behalf
under any statute, contract or otherwise.
13. THIRD PARTY BUSINESSES
Parties other than MAUUN and its affiliates may operate stores,
provide services, or sell product lines on the Site. For example, businesses
and individuals offer products via Marketplace. In addition, we provide links
to the websites of affiliated companies and certain other businesses. We are
not responsible for examining or evaluating, and we do not warrant or endorse
the offerings of any of these businesses or individuals, or the content of
their websites. We do not assume any responsibility or liability for the
actions, products, and content of any of these and any other third-parties. You
can tell when a third-party is involved in your transactions by reviewing your
transaction carefully, and we may share customer information related to those transactions
with that third-party. You should carefully review their privacy statements and
related terms and conditions.
14. COMMUNICATING WITH US
When you visit the Site, or send e-mails to us, you are
communicating with us electronically. You will be required to provide a valid
phone number while placing an order with us. We may communicate with you by
e-mail, SMS, phone call or by posting notices on the Site or by any other mode
of communication we choose to employ. For contractual purposes, you consent to
receive communications (including transactional, promotional and/or commercial
messages), from us with respect to your use of the website (and/or placement of
your order) and agree to treat all modes of communication with the same
importance.