By accessing our eCommerce site and/or using our Services, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, do not access and/or use this eCommerce site or the Services.
You may not obtain or attempt to obtain unauthorised access to our eCommerce and/or Services, or to any other protected information, through any means not intentionally made available by us for your specific use. A breach of this provision may be an offence Bangladeshi law.
If you are below 18 years old: you must obtain consent from your parent(s) or legal guardian(s), their acceptance of these Terms of Use and their agreement to take responsibility for: (i) your actions; (ii) any charges associated with your use of any of the Services or purchase of Products; and (iii) your acceptance and compliance with these Terms of Use. If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing this eCommerce site and using the Services.
GENERAL USE OF SERVICES AND/OR ACCESS OF ECOMMERCE SITE
1.2 Restricted activities: You agree and undertake NOT to:
(a) impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity;
(b) use the eCommerce site or Services for illegal purposes;
(c) attempt to gain unauthorised access to or otherwise interfere or disrupt other computer systems or networks connected to the eCommerce site or Services;
(d) post, promote or transmit through the eCommerce site or Services any Prohibited Materials;
(e) interfere with another’s utilisation of the eCommerce site or Services;
(f) 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 eCommerce site’s data or damage or interfere with the operation of another Customer’s computer or mobile device or the eCommerce site or Services; and
(g) use the eCommerce site or Services other than in conformance with the acceptable use policies of any connected computer networks, any applicable Internet standards and any other applicable laws.
1.3 Availability of the eCommerce site and Services: We may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, the eCommerce site or any Services and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing the eCommerce site or any part of the Services.
1.4 Right, but not obligation, to monitor content: We reserve the right, but shall not be obliged to: (a) monitor, screen or otherwise control any activity, content or material on the eCommerce site and/or through the Services. We may in our sole and absolute discretion, investigate any violation of the terms and conditions contained herein and may take any action it deems appropriate;
(b) prevent or restrict access of any Customer to the eCommerce site and/or the Services;
(c) report any activity it suspects to be in violation of any applicable law, statute or regulation to the appropriate authorities and to co-operate with such authorities; and/or
USE OF SERVICES
2.1 Product description: While we endeavour to provide an accurate description of the Products, we do not warrant that such description is accurate, current or free from error.
2.2 Products pricing: All Listing Prices are subject to taxes, unless otherwise stated. We reserve the right to amend the Listing Prices at any time without giving any reason or prior notice.
2.3 Third Party Vendors: You acknowledge that parties other than Camel Nuts (i.e. Third Party Vendors) may provide services (e.g. delivery, payment gateways) through the eCommerce site.
INTELLECTUAL PROPERTY
3.1 Ownership: The Intellectual Property in and to the eCommerce site and tits relevant materials are owned, licensed to or controlled by us, our licensors or our service providers. We reserve the right to enforce its Intellectual Property to the fullest extent of the law.
3.2 Restricted use: No part or parts of the eCommerce site, or any Materials may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcast, hyperlinked, mirrored, framed, transferred or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment without our prior written permission or that of the relevant copyright owners.
3.3 Trademarks: The Trademarks are registered and unregistered trademarks of us or third parties. Nothing on the eCommerce site and in these Terms of Use shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use (including as a meta tag or as a “hot” link to any other website) any Trademarks displayed on the Services, without our written permission or any other applicable trademark owner.
OUR LIMITATION OF RESPONSIBILITY AND LIABILITY
4.1 No representations or warranties: The Services, the eCommerce site and its relevant materials are provided on an “as is” and “as available” basis. Without prejudice to the generality of the foregoing, we do not warrant:
(a) the accuracy, timeliness, adequacy, commercial value or completeness of all data and/or information contained in the eCommerce site, the Services or its relevant materials;
(b) that the eCommerce site, the Services or tits relevant materials will be provided uninterrupted, secure or free from errors or omissions, or that any identified defect will be corrected;
(c) that the eCommerce site, the Services or its relevant materials are free from any computer virus or other malicious, destructive or corrupting code, agent, program or macros; and
(d) the security of any information transmitted by you or to you through the eCommerce site or the Services, and you accept the risk that any information transmitted or received through the Services or the eCommerce site may be accessed by unauthorised third parties and/or disclosed by us or our officers, employees or agents to third parties purporting to be you or purporting to act under your authority. Transmissions over the Internet and electronic mail may be subject to interruption, transmission blackout, delayed transmission due to internet traffic or incorrect data transmission due to the public nature of the Internet.
4.2 Exclusion of liability: Camel Nuts shall not be liable to you for any Losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with:
(a) any access, use and/or inability to use the eCommerce site or the Services;
(b) reliance on any data or information made available through the eCommerce site and/or through the Services. You should not act on such data or information without first independently verifying its contents;
(c) any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent program or macros; and
(d) any use of or access to any other website or webpage linked to the eCommerce site, even if we or our officers or agents or employees may have been advised of, or otherwise might have anticipated, the possibility of the same.
4.3 At your own risk: Any risk of misunderstanding, error, damage, expense or Losses resulting from the use of the eCommerce site is entirely at your own risk and we shall not be liable therefor.
HYPERLINKS AND ADVERTISING
5.1 Hyperlinks: For your convenience, we may include hyperlinks to other websites or content on the Internet that are owned or operated by third parties. Such linked websites or content are not under our control and we are not liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in the contents, or the consequences of accessing, any linked website. Any hyperlinks to any other websites or content are not an endorsement or verification of such websites or content and you agree that your access to or use of such linked websites or content is entirely at your own risk.
5.2 Advertising: We may attach banners, java applets and/or such other materials to the ECommerce site for the purposes of advertising our or Third Party products and/or services. For the avoidance of doubt, you shall not be entitled to receive any payment, fee and/or commission in respect of any such advertising or other promotional materials.
TERMINATION
7.1 Termination by us: In our sole and absolute discretion, we may with immediate effect upon giving you notice, terminate your use of the eCommerce site and/or Services. We may bar access to the eCommerce site and/or Services (or any part thereof) for any reason whatsoever, including a breach of any of these Terms of Use or where if we believe that you have violated or acted inconsistently with any terms or conditions set out herein, or if in our opinion or the opinion of any regulatory authority, it is not suitable to continue providing the services relating to the ECommerce site.
7.2 Termination by you: You may terminate these Terms of Use by giving seven days’ notice in writing to us.
NOTICES
8.1 Notices from us: All notices or other communications given to you if: (a) communicated through any print or electronic media as we may select will be deemed to be notified to you on the date of publication or broadcast; or (b) sent by post or left at your last known address will be deemed to be received by you on the day following such posting or on the day when it was so left.
8.2 Notices from you: You may only give notice to us in writing sent to our designated email address (queries@camelnuts.com), and we shall be deemed to have received such notice only upon receipt. While we endeavour to respond promptly to notices from you, we cannot guarantee that we will always respond with consistent speed.
8.3 Other modes: Notwithstanding Clauses 10.1 and 10.2, we may from time to time designate other acceptable modes of giving notices (including but not limited to e-mail or other forms of electronic communication) and the time or event by which such notice shall be deemed given.
GENERAL
9.1 Cumulative rights and remedies: Unless otherwise provided under these Terms of Use, the provisions of these Terms of Use and our rights and remedies under these Terms of Use are cumulative and are without prejudice and in addition to any rights or remedies we may have in law or in equity, and no exercise by us of any one right or remedy under these Terms of Use, or at law or in equity, shall (save to the extent, if any, provided expressly in these Terms of Use or at law or in equity) operate so as to hinder or prevent our exercise of any other such right or remedy as at law or in equity.
9.2 No waiver: Our failure to enforce these Terms of Use shall not constitute a waiver of these terms, and such failure shall not affect the right later to enforce these Terms of Use. We would still be entitled to use our rights and remedies in any other situation where you breach these Terms of Use.
9.3 Severability: If at any time any provision of these Terms of Use shall be or shall become illegal, invalid or unenforceable in any respect, the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby, and shall continue in force as if such illegal, invalid or unenforceable provision was severed from these Terms of Use.
9.4 Rights of third parties: A person or entity who is not a party to these Terms of Use shall have no right under the Contracts in any jurisdiction to enforce any term of these Terms of Use, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, nothing in this Clause shall affect the rights of any permitted assignee or transferee of these Terms of Use.
9.5 Governing law: Use of the eCommerce site and/or the Services and these Terms of Use shall be governed by and construed in accordance with Bangladeshi law and you hereby submit to the exclusive jurisdiction of the Bangladeshi courts.
9.6 Injunctive relief: We may seek immediate injunctive relief if we make a good faith determination that a breach or non-performance is such that a temporary restraining order or other immediate injunctive relief is the only appropriate or adequate remedy.
9.7 Amendments: We may by notice through the eCommerce site or by such other method of notification as we may designate (which may include notification by way of e-mail), vary the terms and conditions of these Terms of Use, such variation to take effect on the date we specify through the above means. If you use the eCommerce site or the Services after such date, you are deemed to have accepted such variation. If you do not accept the variation, you must stop access or using the eCommerce site and the Services and terminate these Terms of Use. Our right to vary these Terms of Use in the manner aforesaid will be exercised with may be exercised without the consent of any person or entity who is not a party to these Terms of Use.
9.8 Correction of errors: Any typographical, clerical or other error or omission in any acceptance, invoice or other document on our part shall be subject to correction without any liability on our part.
9.9 Currency: Money references under these Terms of Use shall be in Bangladesh Taka.
9.10 Language: In the event that these Terms of Use is executed or translated in any language other than English (“Foreign Language Version”), the English language version of these Terms of Use shall govern and shall take precedence over the Foreign Language Version.
9.11 Entire agreement: These Terms of Use shall constitute the entire agreement between you and us relating to the subject matter hereof and supersedes and replaces in full all prior understandings, communications and agreements with respect to the subject matter hereof.
9.12 Binding and conclusive: You acknowledge and agree that any records (including records of any telephone conversations relating to the Services, if any) maintained by us or our service providers relating to or in connection with the eCommerce site and Services shall be binding and conclusive on you for all purposes whatsoever and shall be conclusive evidence of any information and/or data transmitted between us and you. You hereby agree that all such records are admissible in evidence and that you shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of such records merely on the basis that such records are in electronic form or are the output of a computer system, and you hereby waive any of your rights, if any, to so object.
9.13 Sub-contracting and delegation: We reserve the right to delegate or sub-contract the performance of any of our functions in connection with the eCommerce site and/or Services and reserve the right to use any service providers, subcontractors and/or agents on such terms as we deem appropriate.
9.14 Force Majeure: We shall not be liable for non-performance, error, interruption or delay in the performance of its obligations under these Terms of Use (or any part thereof) or for any inaccuracy, unreliability or unsuitability of the eCommerce site’s and/or Services’ contents if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond our reasonable control.