These Website Terms and Conditions written on this webpage shall manage your use of this website – www.ponnomela.com. These Terms will be applied fully and affect to your use of this Website. By using this Website, you agreed to accept all terms and conditions written in here. You must not use this Website if you disagree with any of these Website Standard Terms and Conditions.
- Intellectual Property Rights
Other than the content you own, under these Terms, Ponnomela.com and/or its licencors own all the intellectual property rights and materials contained in this Website.
You are granted limited license only for purposes of viewing the material contained on this Website.
You are specifically restricted from all of the following
- publishing any Website material in any other media;
- selling, sub licensing and/or otherwise commercializing any Website material;
- publicly performing and/or showing any Website material;
- using this Website in any way that is or may be damaging to this Website;
- using this Website in any way that impacts user access to this Website;
- using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;
- engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website;
- using this Website to engage in any advertising or marketing.
Certain areas of this Website are restricted from being access by you and Ponnomela.com may further restrict access by you to any areas of this Website, at any time, in absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality as well.
- Your Content
In these Website Terms and Conditions, “Your Content” shall mean any audio, video, text, images or other material you choose to display on this Website. By displaying Your Content, you grant Ponnomela.com a non-exclusive, worldwide irrevocable, sub license able license to use, reproduce, adapt, publish, translate and distribute it in any and all media.
Your Content must be your own and must not be invading any third-party’s rights. Ponnomela.com reserves the right to remove any of Your Content from this Website at any time without notice.
- Limitation of liability
In no event shall Ponnomela.com, nor any of its officers, directors and employees, shall be held liable for anything arising out of or in any way connected with your use of this Website whether such liability is under contract. Ponnomela.com, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.
You hereby indemnify to the fullest extent Ponnomela.com from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.
- Sever ability
If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.
- Amendment of Terms
The Company is entitled, at its sole discretion or as may be required by law, to amend these Terms & Conditions anytime without any prior intimation to anybody. User shall be responsible for reviewing and becoming familiar with any such modifications/ amendments from time to time and shall be bound to this Agreement as amended by the Company from time to time. Use of the services by User following such notification constitutes User’s acceptance of the Terms and conditions of the Agreement as modified
- Website Content
The Website and its contents shall only be used in accordance with the terms of the Agreement. All Products/materials displayed and/or performed on the Website are protected by patents, copyright, trademark, trade secrets and other intellectual property rights owned by the Company (as applicable), its subsidiaries, affiliates, associate companies, accountants, advisers, agents, consultants, contractors, partners, and/ or suppliers. User shall abide by all copyright notices, intellectual property rights, information, and restrictions contained in any content accessed through the services.
The Website is protected by copyright as a collective work and/or compilation, pursuant to Bangladesh Copyrights laws, international conventions, and other worldwide copyright laws.
The Company undertakes to review all claims of copyright infringement received and remove the Content deemed to have been posted or distributed in violation of any applicable laws.
The Company requests that, according to standard practice, if a User uses any information available on the Website for any research that results in an article and/ or other publication, the User lists the Company as a resource in User’s bibliography and the User shall take prior permission and (i) give proper credit and ensure that the Company’s copyright notice appears on all copies; (ii) no documents or graphics, including logos, available from the Website and/ or Products are modified in any way.
User acknowledges that the Company may or may not pre-screen Content, but that the Company and/ or its designers reserves the right (but not the obligation) to pre-screen, refuse or remove any Content and/ or Products from the Website at any time, for any reason (including, but not limited to, upon receipt of claims or allegations or complaints from third parties and/ or authorities relating to such Content) and/ or for no reason at all.
The Company neither warrants nor represents that use of Products by User will not infringe the rights of third parties not owned by or affiliated with the Company. Use for any other purpose is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
The Company’s logos, product and service marks and/ or names are trademarks which are owned by the Company (the “Marks”). Without the prior written permission of the Company, or its appropriate affiliates, User agrees not to display and/or use in any manner, the Marks. Nothing contained in this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right in and/ or to the Marks without the express written permission of the Company or such third party. All other trademarks are the property of their respective owners.
User’s misuse of the Products, material and/or Marks on the Website and in its contents, except as provided in this Agreement, is strictly prohibited. User is advised that the Company will aggressively enforce its intellectual property rights in the Website and/ or services and its contents to the fullest extent of the law, including by seeking appropriate remedies including criminal sanctions solely at User’s risk as to costs and consequences.
- Registration Data
User shall be entitled to use the Website for any online shopping transaction after getting him/her registered on the Website after furnishing all relevant information relating to User as sought on the Website. User shall be solely responsible for the confidentiality of its User Id and Password.
User shall be solely responsible for the accuracy and correctness of all such details/information given by User during registration. The Company shall be entitled to cross verify those details, if it deems fit. If the Company has reason to doubt the correctness of any details/information furnished by User or in case any information furnished by User is found incorrect, false or misleading then the Company shall be entitled to cancel or suspend the registration of User permanently or for such period as the Company deems fit.
User shall not (a) select or use name, User ID, mobile number and/or mail id, of another person with the intent to impersonate that person; or (b) use a User id a name subject to any rights of a person other than User without appropriate authorization. The Company reserves the right to refuse registration of, or cancel User id in its discretion.
In order to ensure that the Company is not violating any rights User might have in his/her Information, User hereby agrees to grant the Company a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensee right to exercise the copyright, publicity, and database rights (but no other rights) User has in his/her Information, in any media now or in future known, with respect to User’s Information solely to enable the Company to use the information User supplies to the Company. The Company will only use User’s Information in accordance with the Agreement.
User agrees and understands that the Company shall not be responsible in any manner whatsoever for:
delivery of Product(s) at wrong address furnished by User.
any loss and/or damage to User due to incorrect, incomplete and/or false information furnished by User; or
Any deficiency in payment of consideration payable towards the Products purchased on the Website.
The User shall further be liable to be prosecuted and/or punished under applicable laws for furnishing false, incorrect, incomplete and/or misleading information to the Company.
While placing an order, User shall not make multiple quantity of same or different product spanning across multiple order in the same day under the same name or group of companies id will be treated as bulk order and Company reserves its right to cancel such bulk orders. If at any time, it is found/observed that User has by misrepresentation or any other way has ordered more than 3 units of a particular product, it will amount to bulk order and the Company reserves its right to reject such order(s) partly or fully. The fulfillment of order placed by the User shall be subject to availability of the stock with the Company.
- Representations and Warranties
User represents and warrants that User is the owner and/or authorized to share the information User gives on the Website. User confirms that the information is correct, complete, accurate, not misleading, does not violate any statutory enactment, notification, order, circular, policy, rules and regulations, is not injurious to any person and/or property.
User undertakes to indemnify and keep indemnified the Company and/or its shareholders, directors, employees, officers, affiliates, partners, associate/ subsidiary companies/entities, advisers, accountants, agents, consultants, contractors, , partners and/ or suppliers for all claims resulting from detail/information User posts and/or supplies to the Company. The Company shall be entitled to remove any such detail / information posted by User without any prior intimation to User.
User understands that the Company does not have any control on accuracy of information / detail submitted by anybody on the Website and therefore agrees that the Company shall not be responsible for any loss, damage, cost, expenses etc due to inaccuracy of any detail / information submitted by User or anybody else on the Website.
User agrees and undertakes that she/ he shall be solely responsible for his/her Information and confirms that information submitted by User:
is correct, complete, relevant and accurate.
is not fraudulent.
does not “stalk” or otherwise harass another user;
does not and shall not infringe any third party’s intellectual property, trade secret and/or other proprietary rights and/or rights of publicity and/or privacy.
shall not be defamatory, libelous, unlawfully threatening and/or unlawfully harassing.
shall not be indecent, obscene and/or contain pornography and/or contain any thing which is prohibited under any prevailing laws, rules & regulations, order of any court, forum, statutory authority.
shall not be seditious, offensive, abusive, liable to incite racial, ethnic and/or religious hatred, discriminatory, menacing, tortuous, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy and/or which may cause annoyance and/or inconvenience.
shall not constitute and/or encourage conduct that would be considered a criminal offence, give rise to civil liability, and/or otherwise be contrary to the law.
shall not be or include material that is technically harmful (including, without limitation, computer/ mobile viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data or any other code or files) or other computer programming routines that may damage, detrimentally destroy, limit, interrupt, interfere with, diminish value of, surreptitiously intercept or expropriate the functionality of any system, data or personal information.
shall not create liability for the Company or cause the Company to lose (in whole or in part) the services of the Company’s ISPs or other suppliers.
is not in the nature of political campaigning, unsolicited or unauthorized advertising, promotional and/ or commercial solicitation, chain letters, pyramid schemes, mass mailings and/or any form of ‘spam’ or solicitation.
is not illegal in any other way.
Further, the User agrees and understands that the Company reserves the right to remove and/or edit such detail / information.
User confirms that he/she shall abide by all notices and all the terms and conditions (updated from time to time) contained and mentioned herein.
User undertakes and confirms that User shall not use the Company’s website, services and/or materials therein for any purpose that is unlawful and/or prohibited by the terms of the Agreement and/or under any applicable laws, rulings, notifications, orders of any court or statutory authority. User shall not use the Website, services and/or materials therein in any manner which could damage, disable, overburden and/or impair the Website and/or any services therein and/or the network(s) connected to the Website and interfere with other Users use and enjoyment of the Website and/or services therein.
User shall not attempt to gain unauthorized access to any service on the Website, other Users’ Account(s), Computer systems and/or networks connected to the Website through hacking, phishing, password mining and/or any other means(whether now known or hereafter developed or invented). User shall not or shall not attempt to obtain any materials or information through any means not intentionally made available to User through the Website.
User agrees and understands that she/ he is responsible for all of his/ her activity in connection with the services and accessing the Website. User shall not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website and/ or services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of User’s right to access the Website.
User may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other User. As a condition of use of this Website, User warrants to the Company that User will not use this Website for any purpose that is unlawful or prohibited by these Terms & Conditions, notices and/ or by the applicable law. Also, User must not harass, intimidate or impersonate other User’s or use any information obtained from the service in order to do so.
Certain elements of the Website will contain material submitted by other Users. The Company disclaims its responsibility for the content, accuracy, conformity to applicable laws of such material. Part of the Website contains advertising/other material submitted to the Company by third parties. Responsibility for ensuring that material submitted for inclusion on the Website complies with applicable laws is exclusively on the advertisers and the Company will not be responsible for any claim, error, omission and/or inaccuracy in advertising material. The Company reserves the right to omit, suspend and/or change the position of any advertising material submitted for insertion. Acceptance of advertisements on the Website will be subject to the Company’s terms and conditions which are available on request.
- No Warranty for Freebies
Free gifts given with any of the Product purchased from the Website will not be exchanged and/or covered under any kind of warranty.
- Payment Terms
User shall be entitled to use his/her valid credit / debit and/ or any other payment cards, online banking facility to make payment against any transaction being effected at the Website. User shall be bound to use his/her own credit / debit and/ or any other payment cards, online banking accounts to make any payment. User undertakes and confirms that he/she would furnish correct, complete and accurate detail of credit / debit and/ or any other payment cards, online banking accounts and shall be solely responsible for any cost, expense, loss and/or damage which may suffer to User due to furnishing of wrong detail/ information relating to his/her credit / debit and/ or any other payment cards or online banking accounts.
User hereby agrees and understands that the facility of 0% finance by way of equated monthly installment (“EMI”) is provided by banks and available on purchase of specific products. User understands and agrees that for converting any Purchase Transaction into EMI and not by the Company. EMI is at the sole discretion of the bank. Any refund related to interest charged to the customer, should be dealt with the issuing bank directly.
User expressly agrees and declares that the Company shall not be liable for the loss of any nature whatsoever including without limitation indirect, consequential, special and/ or incidental to the User arising, directly or indirectly, out of decline of authorization for any transaction, resulting from the User exceeding his/ her preset permissible payment limit under the credit / debit and/ or any other payment cards and/ or online banking accounts.
The Company confirms that the detail provided by User in this regard shall be kept confidential and shall not be disclosed to any third party except to the extent required under the rules of any stock exchange and/or by applicable laws, regulations and/or processes of any government authority and/or in connection with any judicial process regarding any legal action, suit and/or proceeding arising out of and/or relating to this Agreement.
Further, the Company actively reports and prosecutes actual and suspected credit/ debit/ cash card fraud. The Company may require further authorization from User such as a telephone confirmation of User’s order and/or other information. The Company’s decision to require further authorization is at the Company’s sole discretion. The Company reserves the right to cancel, delay, refuse to deliver, or recall from the carrier any order if fraud is suspected.
The Company captures certain information during the order process, including time, date, IP address, and other information that will be used to locate and identify individuals committing fraud. If any order is suspected to be fraudulent, all records will be submitted with or without a subpoena to all law enforcement agencies and to the credit/ debit/ cash card company for fraud investigation. The Company will cooperate with authorities to prosecute offenders to the full extent of the law.
The Company shall take all reasonable precautions to protect the information provided by the User. However, it is expressly provided and accepted by the User that the Company shall not be responsible in any manner whatsoever for any third party action which results in the information provided by the User being exposed and/or misused by such third party who accessed such information without any authorization from the Company.
- Warranty Disclaimer
User acknowledges that the Company has no control over, and no duty to take any action regarding which User gain access to the Website and/ or services; what Products, content User accesses and/ or uploads, posts, emails, transmits and/ or otherwise contribute via the Website and/ or services; what effects the Products, content may have on User and/ or any third party; how User may interpret and/or use the Products and/or what actions User may take as a result of having been exposed to the Products and/or content. User releases the Company from all liability for User having acquired or not acquired Products, content through the Website and/ or services. The Website and/ or services may contain, or direct User to sites and/ or services containing, information that some people may find offensive and/or inappropriate. The Company makes no representations concerning any content contained in or accessed through these websites and/ or services, and the Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency, or durability of the products, material contained in, or accessed or purchased through these websites and/ or services. The services, Products, materials, information, content, Website and/ or any software are provided on an “as is” and “as available” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchant ability, fitness for a particular purpose or non-infringement except as provided in the Warranty Terms of the said Products given by respective manufacturer of the said Products. Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to User.
Changes are periodically made and added to Website and to the information herein. The Company, its subsidiaries, affiliates, associate companies, consultants, partners and/or its respective suppliers may make improvements and/or changes to this Website at any time.
The Website and/ or services contain views, opinions and recommendations of users of the Website and/ or Services, advertisers, third party information providers and organizations. The Website does not warrant, represent and/or endorse the correctness, authenticity, accuracy, completeness, reliability and/or validity of any opinion and/or other information displayed, uploaded, distributed, posted, emailed, transmitted and/ or otherwise contributed through the Website and/ or services by anybody other than the Company.
The Company shall exercise all possible measures to ensure that any Product booked on the Website is shipped within three to five (3-5) working days from date of booking of order on the Website subject to successful realization of payment made against the said Order and availability of the Product(s). However, User understands and confirms that the Company shall not be held responsible for any delay in shipment of Product due to circumstances beyond the control of the Company, provided, the Company takes all required and necessary steps to ensure shipment of the Product within above mentioned timelines.
In case User books Order of multiple Products in one transaction, the Company would endeavor to ship all Products together. However, this may not always be possible due to Product characteristics and/or logistics’ issues. If User purchases multiple Products in single transaction, then all the Products would be shipped to a single shipping address given by User. If User wishes to ship Products to different addresses, then User should book separate orders based on delivery addresses.
The Ponnomela.com is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
- Entire Agreement
These Terms constitute the entire agreement between Ponnomela.com and you in relation to your use of this Website, and supersede all prior agreements and understandings.
- Force Mature
The Company shall not be liable for any failure and/or delay on its part in performing any of its obligation under this Agreement and/or for any loss, damage, costs, charges and expenses incurred and/or suffered by the User by reason there of if such failure and/or delay shall be result of or arising out of Force Mature Event set out herein.
Explanation: “Force Majeure Event” means any event due to any cause beyond the reasonable control of the Company, including, without limitation, unavailability of any communication system, sabotage, fire, flood, earthquake ,explosion, acts of God, civil commotion, strikes, lockout, and/or industrial action of any kind, breakdown of transportation facilities, riots, insurrection, hostilities whether war be declared or not, acts of government, governmental orders or restrictions breakdown and/or hacking of the Website and/or contents provided for availing the Products and/or services under the Website, such that it is impossible to perform the obligations under the Agreement, or any other cause or circumstances beyond the control of the Company hereto which prevents timely fulfillment of obligation of the Company here under.
- Governing Law & Jurisdiction
These Terms will be governed by and interpreted in accordance with the laws of the People’s republic of Bangladesh, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Bangladesh for the resolution of any disputes.