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Baatighar.com Terms of Use

                
Welcome to Baatighar.com Website.

The Platform is owned by Baatighar, Bishwo Shahitto Kendro Bhavan (Level -7) 17 Mymensing Road, Banglamotor, Dhaka 1000 Bangladesh.


Your use of the Platform and services and tools are governed by the following terms and conditions ("Terms of Use") as applicable to the Platform including the applicable policies which are incorporated herein by way of reference. If you transact on the Platform, You shall be subject to the policies that are applicable to the Platform for such transaction. By mere use of the Platform, You shall be contracting with Baatighar and these terms and conditions including the policies constitute your binding obligations, with Baatighar.


For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a buyer on the Platform by providing Registration Data while registering on the Platform as Registered User using the computer systems. Baatighar allows the User to surf the Platform or making purchases without registering on the Platform. The term "We", "Us", "Our" shall mean Baatighar.

When You use any of the services provided by Us through the Platform, including but not limited to, (e.g. Product Reviews, Seller Reviews), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to you. It is your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Platform following the posting of changes will mean that you accept and agree to the revisions. As long as you comply with these Terms of Use, We grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform.


ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by Baatighar Policies ((including but not limited to Privacy Policy available at Privacy) as amended from time to time.



User Account, Password and Security


If You use the Platform, You shall be responsible for maintaining the confidentiality of your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Platform and refuse to provide You with access to the Platform.

Your mobile phone number and/or e-mail address is treated as your primary identifier on the Platform. It is your responsibility to ensure that your mobile phone number and your email address is up to date on the Platform at all times. You agree to notify us promptly if your mobile phone number or e-mail address changes by updating the same on the Platform through verification.

You agree that Baatighar shall not be liable or responsible for the activities or consequences of use or misuse of any information that occurs under your Account in cases, including, where you have failed to update your revised mobile phone number and/or e-mail address on the Website Platform.

If You share or allow others to have access to Your account on the Platform (“Account”), by creating separate profiles under Your Account, or otherwise, they will be able to view and access Your Account information. You shall be solely liable and responsible for all the activities undertaken under Your Account, and any consequences therefrom.


Communications


When You use the Platform or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.


User Conduct of Rules


You agree, undertake and confirm that your use of Platform shall be strictly governed by the following binding principles:


    1. You shall not host, display, upload, modify, publish, transmit, update or share any information which:

(a) belongs to another person and to which You does not have any right to;

(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, 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; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Law. 

(c) is misleading in any way;

(d) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;

(e) harasses or advocates harassment of another person;

(f) Involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";

(g) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;

(h) infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];

(i) promotes an illegal or unauthorized copy of another person's copyrighted work (see "Copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

(j) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);

(k) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;

(l) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

(m) contains video, photographs, or images of another person (with a minor or an adult).

(n) tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;

(o) engages in commercial activities and/or sales without Our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" products related to the Platform. Throughout this Terms of Use, Baatighar's prior written consent means a communication coming from Baatighar 's Legal Department, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization;

(p) solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;

(q) interferes with another USER's use and enjoyment of the Platform or any other individual's User and enjoyment of similar services;

(r) refers to any Platform or URL that, in Our sole discretion, contains material that is inappropriate for the Platform or any other Platform, contains content that would be prohibited or violates the letter or spirit of these Terms of Use.

(s) harm minors in any way;

(t) infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;

(u) violates any law for the time being in force;

(v) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

(w) impersonate another person;

(x) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;

(y) threatens the unity, integrity, defence, security or sovereignty of India, 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.

(z) shall not be false, inaccurate or misleading;

(aa) shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.



Privacy


We view protection of your privacy as a very important principle. We understand clearly that You and Your Personal Information is one of our most important assets. We store and process Your Information including any sensitive financial information collected (as defined under the law of Bangladesh), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Law and Rules there under. Our current Privacy Policy is available at Privacy. If you object to Your Information being transferred or used in this way please do not use Platform.

We may share personal information with our other corporate entities and affiliates. These entities and affiliates may market to you as a result of such sharing unless you explicitly opt-out.

We may disclose personal information to third parties. This disclosure may be required for us to provide you access to our Services, to comply with our legal obligations, to enforce our User Agreement, to facilitate our marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to our Services. We do not disclose your personal information to third parties for their marketing and advertising purposes without your explicit consent.

We may disclose personal information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process. We may disclose personal information to law enforcement offices, third party rights owners, or others in the good faith belief that such disclosure is reasonably necessary to: enforce our Terms or Privacy Policy; respond to claims that an advertisement, posting or other content violates the rights of a third party; or protect the rights, property or personal safety of our users or the general public.

We and our affiliates will share / sell some or all of your personal information with another business entity should we (or our assets) plan to merge with, or be acquired by that business entity, or re-organization, amalgamation, restructuring of business. Should such a transaction occur that other business entity (or the new combined entity) will be required to follow this privacy policy with respect to your personal information.




Payment, Shipping & Charges


Baatighar.com offers Cash on Delivery (COD), Debit/Credit Card (VISA, Master Card, DBBL Nexus etc.), Mobile Banking (bKash, DBBL Mobile Banking) as payment method.

While availing any of the payment method/s available on the Platform, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:

    1. Lack of authorization for any transaction/s, or

    2. Exceeding the preset limit mutually agreed by You and between "Bank/s", or

    3. Any payment issues arising out of the transaction, or

    4. Decline of transaction for any other reason/s

All payments made against the purchases/services on Platform by you shall be compulsorily in Bangladeshi Taka acceptable in the Govt. of Bangladesh. Platform will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Platform.


We will arrange for shipment of the products to you. Shipping schedules are estimates only and cannot be guaranteed. We are not liable for any delays in the shipments. Sometimes, delivery may take longer due to bad weather, political disruptions and other unforeseen circumstances. Title and risk of loss and damages pass on to you upon the products delivery to you.


If a user has placed an order before, the wallet money will not be able to place a new order until the order is delivered. That is, the new order cannot be paid through the wallet until the previous order is successfully delivered.


In case of post office delivery customer have to carry all the postal charges.

Further:

    1. All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Buyer and the respective Issuing Bank and payment instrument issuing company.

    2. All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which support Payment Facility to provide these services to the Users. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between Buyer and the respective Issuing Bank.


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Happy Returns & Replacement Policy


Definition: 'Return' is defined as the action of giving back the item purchased by the Buyer on the Baatighar Platform. Following situations may arise:

    1. Item was defective (Tron, Pages Missing)

    2. Item was damaged during the Shipping

    3. Products was / were missing

    4. Wrong item was sent.


Baatighar don’t want send to customer a wrong or damage product. But sometimes we may fail to fulfill your expectations, sometimes situations aren't by our side. But there is a trust between customers and Baatighar, So, for further ensuring and encouraging this trust Baatighar.com brings you The "Happy Return" policy. Where customers can return their books or products only if there's something happen with wrong. In that case Baatighar will give you fresh products in return. Because we believe that happiness should be returned if that happiness can't give you a smile. So, we returned it with proper happiness. We always want to bring a smile in your face and make you happier. We call this policy of ours "Happy Return".

If for any reason you are unsatisfied with your order, you may return it as long as your item meets the following criteria:

    • If your product is defective/damaged or incorrect/incomplete at the time of delivery, please contact us within the applicable return window. Your product may be eligible for refund or replacement depending on the product category and condition.

    • All items to be returned or exchanged must be unused and in their original condition with all original tags and packaging intact and should not be broken or tampered with.

    • Refund/ replacement for products are subject to inspection and checking by Baatighar team.

    • Damages due to neglect, improper usage or Digital content such as e-books will not be covered under our Returns Policy.

    • Replacement is subject to availability of stock with the Supplier. If the product is out of stock, you will receive a full refund, no questions asked.

    • Please note that the Cash on Delivery convenience charge and the shipping charge would not be included in the refund value of your order as these are non-refundable charges.

    • If the item came with the free promotional items (including but not limited to gifts/ points/wallet money) the free item must also be returned/refunded.

    • You have to claim the return of the product within 3days. Sorry, a return isn't possible after the 3 days limit. 

    • Please note that Baatighar.com is not obligated to refund the user's money what he/she paid until the product status changed to "Returned".



How to return:


Contact Baatighar Customer Care team or by emailing contact@baatighar.com within 03 days after receiving your order.

There are two ways to return/replacement the product to us. In Dhaka City, we offer a free pick up service for your return/replacement. Other than Dhaka City, you have to send the product on your own to our office address.

Once we pick up or receive your return, we will do a quality check of the product at our end and if a return is invalid, we will replace the product with a new one or we will proceed with the refund.



 Refund Policy


    • The refund will be processed after we have completed evaluating your return.

    • Replacement is subject to availability of stock with the Supplier. If the product is out of stock, you will receive a full refund, no questions asked.

    • Please note that the Cash on Delivery convenience charge and the shipping charge would not be included in the refund value of your order as these are non-refundable charges.

    • If you have selected Cash on Delivery (COD), there is no amount to refund because you haven't paid for your order.

    • For payments made using a Credit Card, Debit Card, Mobile Banking or Bank Transfer, you will receive a refund in your respective.

    • If online payment is made once more due to technical error, payment refund will be made.

    • You will receive a refund anytime between 7-10 working days. If you don’t receive refund within this time, please write to us at contact@baatighar.com and we shall investigate.



Order Acceptance and Pricing


Please note that there are cases when an order cannot be processed for various reasons. The Site reserves the right to refuse or cancel any order for any reason at any given time. You may be asked to provide additional verifications or information, including but not limited to phone number and address, before we accept the order. We are determined to provide the most accurate pricing information on the Site to our users; however, errors may still occur, such as cases when the price of an item is not displayed correctly on the website. As such, we reserve the right to refuse or cancel any order. In the event that an item is mispriced, we may, at our own discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your debit/credit card charged.

All prices posted on this website are subject to change without notice. Prices prevailing at commencement of placing the order will apply. Posted prices do includes all taxes and charges. In case there are any additional charges or taxes the same will be mentioned on the website.



Trademarks and Copyrights


Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Baatighar.com owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to Baatighar.com without obtaining authorization from Baatighar.com.

Notwithstanding the foregoing, it is expressly clarified that you will retain ownership and shall solely be responsible for any content that you provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of our various Service. However, with regard to the product customization Service (as against other Services like blogs and forums) you expressly agree that by uploading and posting content on to the Website for public viewing and reproduction/use of your content by third party users, you accept the User whereby you grant a non-exclusive license for the use of the same.



Our Policy for Express orders


Baatighar.com has introduced it's new service- Express Delivery. Now customers can get their desired books within 24 hours using this service. Initially, this service is restricted for Dhaka city only. Gradually we will increase the service area. Now you can get a premium service for not so high price than usual. The service charge for Express Delivery is only Tk 100. And yes, It's for any quantity of books. Means, you buy 2/3 books or 100, you just pay Tk. 100 for Express Delivery.

    • Baatighar.com will decide either the order is eligible for Express Delivery or not.

    • Baatighar.com has the right to convert Express Delivery order to Regular Delivery at any time for some reasons.

    • Initially the service is restricted to only Dhaka city.



Order Cancellation


You can cancel an order before the product has been shipped, by contacting our customer care team.

If you have selected Cash on Delivery (COD), there is no amount to refund because you haven't paid for your order.

For payments made using a Credit Card, Debit Card, Mobile Banking or Bank Transfer, you will receive a refund in your respective account after your order has been cancelled. Your entire order amount will be refunded.



Governing Law

These terms shall be governed by and constructed in accordance with the laws of Bangladesh without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Dhaka.



Risk of Loss

All items purchased from Baatighar.com are made pursuant to a shipment contract. This means that the Risk of Loss shall remain with Baatighar.com until the item is transferred to you. In the event that the items are damaged after receipt, the risk falls on the customer.



Fraud Protection Policy

Baatighar.com realizes the importance of a strong fraud detection and resolution capability. We and our online payments partners monitor transactions continuously for suspicious activity and flag potentially fraudulent transactions for manual verification by our team.

In the rarest of rare cases, when our team is unable to rule out the possibility of fraud categorically, the transaction is kept on hold, and the customer is requested to provide identity documents. The ID documents help us ensure that the purchases were indeed made by a genuine card holder. We apologize for any inconvenience that may be caused to customers and request them to bear with us in the larger interest of ensuring a safe and secure environment for online transactions.


Termination

    • Baatighar.com may suspend or terminate your use of the Website or any Service if it believes, in its sole and absolute discretion that you have breached, violated, abused, or unethically manipulated or exploited any term of these Terms or anyway otherwise acted unethically.

    • These Terms will survive indefinitely unless and until Baatighar.com chooses to terminate them.

    • If you or Baatighar.com terminates your use of the Website or any Service, Baatighar.com may delete any content or other materials relating to your use of the Service and Baatighar.com will have no liability to you or any third party for doing so.

    • You shall be liable to pay for any Service or product that you have already ordered till the time of Termination by either party whatsoever. Further, you shall be entitled to your royalty payments as per the User License Agreement that has or is legally deemed accrued to you.



Term and Policy updates


We reserve the right to change or update these terms and policies at any time by placing a prominent notice on our site. Such changes shall be effective immediately upon posting to this site.



ACKNOWLEDGMENT


The Terms of Use, including all documents referenced herein, represents the entire understanding between User and Baatighar regarding User's relationship with Baatighar and supersedes any prior or contemporaneous statements or representations. Headings used in the Terms of Use are for reference only and shall not affect the meaning of any terms. As used in these Terms of Use, "including" means "including, without limitation."


Books are delivered within 5 to 7 days inside Bangladesh.