Terms & Condition
Welcome to FIGBAY
FIGBAY.com, m.FIGBAY.com and FIGBAY Mobile Applications (FIGBAY) and its affiliates provide their services to you subject to the terms and conditions given here under. If you visit & shop us at FIGBAY.com, you accept these Terms and Conditions. Please read it carefully. In addition, when you use any current or future FIGBAY service (e.g. Your Account/Profile, Gift, Certificates, and Your Reminder Service, etc.) or visit or purchase from any business affiliated with FIGBAY, whether or not included in FIGBAY, you will be subject to these guidelines and conditions for such service or business. These terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order placed or service provided by FIGBAY. By using the shopping and other services of FIGBAY, you agree under these terms and conditions. All products/services and information displayed on FIGBAY constitute an "invitation to offer". Your order for purchase constitutes your "offer" which shall be subject to the terms and conditions as listed below. FIGBAY reserves the right to accept or reject your offer at any time or under any circumstances.
"FIGBAY" means the online shopping platform www.FIGBAY.com (site/website), m.FIGBAY.com (mobile site/ mobile website) and the Mobile applications/mobile interfaces applications/ apps) and the services provided by it and its affiliates owned and operated by FIGBAY, which provides a venue / platform to the users of FIGBAY to buy the products listed on FIGBAY.
"Vendor" / "seller" /"affiliates" shall mean the person or any legal entity who offers for sale, sells the products on the FIGBAY platform.
"Product/Products" means and includes any goods/merchandise products/services/offers/display items that are uploaded /showcased/displayed on FIGBAY by its Vendor and the related description, information, procedure, processes, warranties, delivery schedule, etc.
When you visit FIGBAY or send e-mails to us or give us your feedback, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on FIGBAY. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Disclaimer of warranties and limitation of liability:
FIGBAY has made this service available to use as a matter of convenience. FIGBAY expressly disclaims any claim or liability arising out of uploading of any obscene, vulgar or pornographic images, photograph or a picture or altering or distorting the images available under this service in an obscene, vulgar or pornographic manner. FIGBAY also disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. FIGBAY does not warrant that these sites/applications, its servers, or e-mail sent from FIGBAY are free of viruses or other harmful components. FIGBAY will not be liable for any damages of any kind arising from the use of these sites/applications, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
The Service(s) of FIGBAY is provided on an "as is" basis without warranties of any kind, whether express or implied. FIGBAY does not represent or warrant maintaining the confidentiality of information; although FIGBAY's current practice is to ensure reasonable efforts to maintain such confidentiality. It is also clearly understood by the User that all warranties and after sales services, implied or expressed, take place directly between the vendors and the User/buyer/customer and the terms of sale by the vendor
FIGBAY does not endorse in anyway any advertisers/ contents of advertisers on its pages or other communication.
FIGBAY will not be responsible for any damage suffered by Users from use of the services on its sites/applications. This without limitation includes loss of revenue/data resulting from delays, non-deliveries, missed deliveries, or service interruptions as may occur because of any act / omission of the vendor. This disclaimer of liability also applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer or mobiles virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.
FIGBAY assumes no liability whatsoever for any monetary or other damage suffered by you on account of:
The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the .services
Any interruption or errors in the operation of the services. You expressly understand and agree that FIGBAY shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if FIGBAY has been advised of the possibility of such damages)
User agrees and acknowledges that User shall be solely responsible for User's conduct and that FIGBAY reserves the right to terminate your rights to use the service immediately, notwithstanding penal provisions under the Bangladeshi cyber laws or any other allied laws enacted by the government of Bangladesh or any other statutory, legislative or regulatory authority authorized in this regard from time to time. In no event shall FIGBAY, its affiliates, employees, agents, consultants, contracted companies be liable for any direct, indirect, punitive, incidental, special or consequential damages or for any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the FIGBAY sites/services/applications for interrupted communications, delay, lost data or lost profits arising out of or in connection with this agreement.
FIGBAY therefore neither endorses nor offers any judgment or warranty and accepts no responsibility or liability for the authenticity/availability of any of the goods/services/or for any damage, loss or harm, direct or consequential or any violation of local or international laws that may be incurred by your visit and/or transaction/s on FIGBAY.
FIGBAY shall not be liable for any delay / non-delivery of purchased goods by the vendors, trade organization/s, manufacturers / shop etc. (vendors), due to flood, fire, wars, acts of God or any cause that is beyond the control of FIGBAY.
Notwithstanding anything contained herein, FIGBAY acts only as a booking agent/platform to facilitate / integrate transactions between the Users/buyers and sellers through various platforms (online web store, call centre, mail order catalogues, SMS, online mobile web store, online mobile apps, etc.) for various vendors/affiliates/merchants and shall in no way be responsible for any quality of product, damages, losses, expenses and/or taxes incurred by Users for the products or if the vendors/affiliates/merchants is not able to service the order of the User for any reason or any misrepresentation of any sort by the vendors/affiliates/merchants. In no event shall FIGBAY, its directors, officials, representatives and employees be liable for any damages or claims relating to products sold through its various platforms.
All prices, unless indicated otherwise are in Bangladeshi Rupees and FIGBAY reserves the right to enhance the currency offerings or limit the currency offerings at any time without notice. The availability of products is subject to change without prior notice at the sole discretion of FIGBAY and orders can be cancelled if the product goes out of stock with the Vendor/Seller.FIGBAY reserves the right to refuse or cancel any order placed for a product that is listed at an incorrect price which may be higher or lower than published. This shall be regardless of whether the order has been confirmed and/or payment been levied via credit card or cheque or otherwise. In the event the payment has been processed by FIGBAY the refund amount shall be credited to your credit card account or sent by cheque, and you would be duly notified by email.
In a credit/debit card transaction, you must use a credit /debit card that is issued in the name of the User. FIGBAY will not be liable for any credit/debit card fraud because of the card being used fraudulently. The liability to use a credit/debit card or a net banking transaction fraudulently will be on the User and the onus to 'prove otherwise' shall be exclusively on the User.
Any request for cancellation of orders once duly placed on the site, shall not be entertained.
In the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address) any extra cost incurred by FIGBAY for re-delivery shall be claimed from the User placing the order.
All products are duly screened and assured by the vendors to ensure that the products are of the standard, quality, composition, style or model that they represent and as displayed on FIGBAY on behalf of the vendor/merchant/affiliate/merchant. All and any additional information/description, etc. for a product that is displayed/showcased on FIGBAY is on behalf of the vendor/merchant/affiliate/manufacturer and is as provided to FIGBAY. FIGBAY does not take any responsibility for any incorrect or error in the display/showcase of such information.
Presently, the service(s) of FIGBAY Shopping are being offered free. However, FIGBAY reserves the right to charge a fee for any or such facilities or freight or handling charges or shipping charges or statutory taxes as per the terms of the buyer/seller. FIGBAY also reserves the right to offer certain services or product offers, exclusively to a limited set of customers at its sole discretion or under specific terms & conditions.
FIGBAY and its affiliates reserve the right to cancel orders for the product in their sole discretion for any reason which can include but not limited to, the product being out of stock, or for any other reason without intimation to the User.
Use of the FIGBAY is available only to persons who can form legally binding contracts under Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use FIGBAY. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the FIGBAY and shall not purchase any items. As a minor if you wish to purchase an item, such purchase may be made by your legal guardian or parents who have registered as users of FIGBAY or can use FIGBAY as a Guest User. FIGBAY reserves the right to terminate your registration and refuse to provide you with access to FIGBAY if it is brought to FIGBAY’s notice or if it is discovered that you are under the age of 18 years.
Business entity registration: If you are registering as a business entity, you represent that you are duly authorized by the business entity to accept these Terms & Conditions/User Agreement and you have the authority to bind that business entity to these Terms & Conditions/User Agreement.
The logo/ image of FIGBAY on the home page of the websites , mobile site or applications & other pages and as used in the communication to the User is registered by FIGBAY and cannot be used or communicated or distributed without the specific and written permission of FIGBAY.
License and Site Access:
FIGBAY grants you a limited license to access and make personal use of the websites/ mobile sites / applications and not to download (other than page caching) or modify it, or any portion of it, except in case FIGBAY gives consent for the same. 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 these websites/ mobile sites/applications or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. These sites/applications or any portion of these sites/applications may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of FIGBAY. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of FIGBAY and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" and FIGBAY's name or trademarks without the express written consent of FIGBAY. Any unauthorized use terminates the permission or license granted by FIGBAY. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of FIGBAY.com as long as the link does not portray FIGBAY, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter or having a right to ownership of the same in any form. You may not use any FIGBAY logo or other proprietary graphic or trademark as part of the link without express written permission.
If you use FIGBAY, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and also you agree to accept responsibility for all activities that occur under your account or password. FIGBAY does sell products for children, but it sells them to adults, who can purchase with a credit card or otherwise. If you are under 18, you may use FIGBAY only with involvement of a parent or guardian or otherwise, FIGBAY has the right to cancel any order or service to the User. FIGBAY and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
FIGBAY is associated with various business partners for the supply and service of goods directly to the customers. FIGBAY is a marketplace for the products with its business partners. The after sales service and warranty for the products sold by our business partners, as duly applicable, for the respective products, will be taken undertaken and handled by the respective business partners or through their respective service centres.
Reviews, Comments, Communications, and other Contents:
Visitors may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing on intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. FIGBAY reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant FIGBAY and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant FIGBAY and its affiliates and sub-licenses the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify FIGBAY or its affiliates for all claims resulting from content you supply. FIGBAY has the right but not the obligation to monitor and edit or remove any activity or content. FIGBAY takes no responsibility and assumes no liability for any content posted by you or any third party.
Suspension due to Non-Compliance with Agreement:
Notwithstanding other legal remedies that may be available to FIGBAY, FIGBAY may in its sole discretion limit user activity by immediately removing user listing either temporarily or indefinitely or suspend or terminate user membership, and/or refuse to provide user with access to the sites/applications if:
The user is in breach any of the terms and conditions of this agreement and/or the terms and conditions of usage of FIGBAY
-The user has provided wrong, inaccurate, incomplete or incorrect information
The user attempts to defraud FIGBAY by using the functionalities on the websites/ mobile sites/applications;
Your actions may cause any harm, damage or loss to the other Users or FIGBAY
Illegal and/or unauthorized use of the service, including unauthorized framing of or linking to FIGBAY will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal and injunctive redress
Risk of Loss:
All items purchased from FIGBAY are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon the delivery to the carrier by the vendor/merchant/affiliate/manufacturer.
FIGBAY and its affiliates attempt to be as accurate as possible. However, FIGBAY does not warrant that product descriptions or other content or prices/amounts on FIGBAY are accurate, complete, reliable, current, or error-free. If a product offered by FIGBAY itself is not as described, your sole remedy is to return it in unused condition.
Except where noted otherwise, the Selling Price/DB24 price/MRP/MOP/List Price/Offer Price displayed for products on our websites/mobile sites/applications represents the full retail price listed on the product itself, suggested /offered by the manufacturer or supplier or one of our merchants/affiliates, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The Selling Price/DB24 price/MRP/MOP/List Price/Offer Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set/pack/combo/arrangement, the Selling Price/List Price/ DB24 price may represent "open-stock" prices, which mean the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set/pack/combo/arrangement. The final price that will be applicable to a user for purchase and payment will be as per the price that is displayed in the shopping cart of the customer which can be inclusive or exclusive of any other charges in terms of the usage of FIGBAY.
Material Submitted by Users:
Certain elements of the sites/applications will contain material submitted by users. FIGBAY accepts no responsibility for the content’s accuracy or nature or to the conformity to applicable laws of such material.
Part of the sites/applications contains advertising/other material submitted to FIGBAY by third parties. Responsibility for ensuring that material submitted for inclusion FIGBAY complies with applicable International and National law is exclusively on the advertisers and FIGBAY will not be responsible for any claim, error, omission or inaccuracy in advertising material. FIGBAY reserves the right to omit, suspend or change the position of any advertising material submitted for insertion. Acceptance of advertisements on FIGBAY will be subject to FIGBAY terms and conditions which are available on request.
You shall indemnify and hold harmless FIGBAY, its subsidiaries, affiliates, third-parties and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of the User Agreement and Terms and Conditions or your violation of any law, rules or regulations or the rights of a third party.
If any dispute arises between you and FIGBAY, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement and Terms and Conditions, the dispute shall be first referred to a sole Arbitrator who shall be an independent and neutral third party identified by FIGBAY. The place of arbitration shall be Dhaka. The Concern law on Arbitration which is prevailing in Bangladesh now, shall govern the arbitration proceedings. The arbitration proceedings shall be in the Bangla language.
This site is created and controlled by FIGBAY. The laws of Bangladesh shall apply and courts in Dhaka shall have jurisdiction in respect of all the terms, conditions and disclaimers. FIGBAY reserves the right to make changes to the terms, conditions and disclaimers at any time and without information to the customers/users of the services/of FIGBAY. Users are advised to regularly check for any amendments or updates to the terms and conditions contained herein.
These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. The clauses as above shall survive the termination or expiry of this agreement. This electronic record is generated by a computer system and does not require any physical or digital signatures.
You agree, undertake and confirm that you shall not host, display, upload, modify, publish, transmit, update or share any information which:
belongs to another person and to which the you do not have any right to;
is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; harm minors in any way; infringes any patent, trademark, copyright or other proprietary rights;
violates any law for the time being in force; deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; impersonate another person; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
threatens the unity, integrity, defense, security or sovereignty of Bangladesh, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.