Term Conditions Page

Terms and Conditions

Welcome to ‘Pocket’. We are an online marketplace and these are the terms and conditions governing your access and use of ‘Pocket’ along with its related domains, sites, services and tools. By using this Site, you hereby accept these terms and conditions (including the linked information herein) and represent that you agree to act in accordance with these 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 Agreement, we prefer that do not access, register with or use this Site. 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. We use the word “we” or “us” as Pocket. Please check these Terms and Conditions regularly for updates.

CONDITIONS OF USE

A. YOUR 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 for vendor or vendee. 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 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. 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. 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. We reserve the right to refuse access to the Site, terminate accounts, remove or edit content or account information at any time without prior notice to you.

B. 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.

C. PLATFORM FOR COMMUNICATION

You agree, understand and acknowledge that this Site is an online platform that enables you to purchase products listed at the price indicated therein at any time from any location at Feni or anywhere 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.

D. CONTINUED AVAILABILITY OF THE SITE

Pocket will 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.

E. 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.

Pocket 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 commercial use of this Site or any portion of it in any manner. 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.

F. YOUR CONDUCT

You must not engage in activities that could harm or potentially harm the Site, its employees, employers, 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 are strictly prohibited from using the Site

§  for fraudulent purposes, or in connection with a criminal offense or other unlawful activity

§  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

G. YOUR SUBMISSION

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.

H. 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. We will make all practical endeavours to investigate and remove valid objectionable content complained about within a reasonable amount of time.

I. 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 inform us and we will make all reasonable efforts to address your concern within a reasonable amount of time. 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.

J. 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.

K. INDEMNITY

You shall indemnify and hold harmless Pocket, its subsidiaries, affiliates and their respective, directors, agents, employers 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.

L. THIRD PARTY BUSINESSES

Parties other than Pocket 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.

M. COMMUNICATING WITH US

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.

N. LOSSES

We will not be responsible for any business or personal losses (including but not limited to loss of profits, revenue, contracts, anticipated savings, data, goodwill, or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the Site.

O. AMENDMENTS TO CONDITIONS OR ALTERATIONS OF SERVICE AND RELATED PROMISE

We reserve the right to make changes to the Site, its policies, these terms and conditions and any other publicly displayed condition or service promise at any time. If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

P. WAIVER

You acknowledge and recognize that we are a private commercial enterprise and reserve the right to conduct business to achieve our objectives in a manner we deem fit. You also acknowledge that if you breach the conditions stated on our Site and we take no action, we are still entitled to use our rights and remedies in any other situation where you breach these conditions.

R. TERMINATION

In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms and Conditions or revoke any or all of your rights granted under the Terms and Conditions. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.

S. GOVERNING LAW AND JURISDICTION

These terms and conditions are governed by and construed in accordance with the laws of The People's Republic of Bangladesh. You agree that the courts, tribunals and/or quasi-judicial bodies located in Feni, Bangladesh shall have the exclusive jurisdiction on any dispute arising inside Bangladesh under this Agreement.

CONDITIONS OF SALE (BETWEEN SELLERS AND CUSTOMERS)

A. CONDITIONS RELATED TO SALE OF THE PRODUCT OR SERVICE

This section deals with conditions relating to the sale of products or services on the Site.

B. THE CONTRACT

Your order is a legal offer to the seller to buy the product or service displayed on our Site. The acceptance of your order is considered confirmed when the product is dispatched to you. The commercial/contractual terms include without limitation price, stock of products, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. Pocket does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the you and the Sellers. The seller retains the right to cancel any order at its sole discretion prior to dispatch. We will ensure that there is timely intimation to you of such cancellation via an email or sms. Any prepayments made in case of such cancellation(s), shall be refunded to you within the time frames.

C. RETURNS

Pocket is not bound to ensure return of the product but there are some specific conditions for returning the products bought by this Site and that are:

·         Delivered Product is incorrect (presentation different on website) / incomplete (missing parts)

·         If the seller thinks that current condition of product is eligible for return  

D. PRICING, AVAILABILITY AND ORDER PROCESSING

All prices are listed in Bangladeshi Taka (BDT) and are inclusive of VAT and are listed on the Site by the seller that is selling the product or service. Please note that this price may differ(increase or decrease) from the price shown for the item when you first placed it in your cart.

As such, we reserve the right to refuse or cancel any order. 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 occurs on your prepaid order, our policies for refund will apply. Please note that Pocket possess sole right on the refund amount. Usually refund amount is calculated based on the customer paid price after deducting any sort of discount and shipping fee. Please note that you must pay the shipping fee in the case of ‘Cash on Delivery’.  In order to avoid any fraud with credit or debit cards or in the matter of payment, 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 can take the shape of an identity, place of residence, or banking information check.

As we process your order, you will be informed by e-mail or sms if any products you order turn out to be unavailable.

E. RESELLING POCKET’S PRODUCTS

Reselling Pocket products for business purpose is strictly prohibited. If any unauthorized personnel is found committing the above act, legal action may be taken against him/her.

F. TAXES

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.

G. REPRESENTATIONS AND WARRANTIES

We do not make any representation or warranty as to specifics (such as quality, value, saleability, etc) of the products or services listed to be sold on the Site when products or services are sold by third parties. We are not responsible for any non-performance or breach of any contract entered into between you and the sellers. We cannot and do not guarantee your actions or those of the sellers as they conclude transactions on the Site.

H. OTHERS

Ø  Stock availability: The orders are subject to availability of stock.

Ø  Delivery Timeline: The delivery of products shall be done by Pocket delivery team within 24 hours but not more than 3 working days. Delivery might be delayed due to force majeure event which includes, but not limited to, political unrest, political event, national/public holidays, etc.

Ø  Cancellation: Pocket retains unqualified 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.

Ø  Refund Timeline: If any order is canceled by the vendor or Pocket, the payment against such order shall be refunded within 10 to 15 working days, but it may take longer time in exceptional cases. Provided that received cash back amount, if any, will be adjusted with the refund amount.

Ø  Temporary Booking: The vendor may offer to see the products tangibly within the specific time (fixed by the vendor) before sell and then you may cancel or take those products. If time is over, you (vendee) will have no right to claim any interest on those products.

Ø  Payment: Payment system will be decided according to situation by Pocket or Vendor.