Terms and Conditions:
This Terms and Conditions of Use for Customers (herein referred to as the "Agreement") constitutes a legally binding agreement made between you (the customer), whether personally or on behalf of an entity/person, and SHOPPING EXPRESS, in relation to your access to and use of the “Tooptop.com” internet site as well as any other media form or media channel related or connected thereto (collectively referred to in this agreement as the "website"). The Website allows LPG /Kitchen stuff PROVIDER partners (" DEALER") to offer for sale “approved products” via the website such that customers may search for and purchase such “approved products” to be delivered to the address of their choice through the SHOPPING EXPRESS delivery service (herein referred to as “SHOPPING EXPRESS Service”). The SHOPPING EXPRESS Service is hosted in Madaripur, Bangladesh,
and deliver within 5 km where centre point calculated New town (Sumon Hotel) delivery request outside this area is subjected to availability and might cost extra charges. SHOPPING EXPRESS working hours are normally 8am to 8pm and can be change without any prior notice.
All users of this website accept and agree to be bound by this agreement by acknowledging the acceptance through an online indication of acceptance that is offered during the registration process (if applicable), or otherwise by the customer’s continued use of the website. If you do not agree to be bound by this agreement, or to be bound by the legally valid modifications/variations that SHOPPING EXPRESS may make to this agreement in the future, do not continue to use or access this website, or to use or access the SHOPPING EXPRESS Service that is made available through this website. All users who are minors in the jurisdiction of the operation of this SHOPPING EXPRESS Service, i.e. the jurisdiction of Madaripur, Bangladesh, should be advised that SHOPPING EXPRESS assumes the view that any minor’s continued use of the website and/or the SHOPPING EXPRESS Service has been validly permitted, or directly supervised by their parent, or guardian. Parents and guardians of minors who are using/accessing the website shall be held to have read and accepted the agreement prior to use of the website, and will be legally obligated for the respective minor’s use of the website and/or use of the SHOPPING EXPRESS Service. Persons under the age of 13 are not permitted to register with the website, or to use the SHOPPING EXPRESS service.
SHOPPING EXPRESS may choose to alter/ vary the provisions of this agreement at any time, and customers who access/use this website and/or use the SHOPPING EXPRESS Service available through this website are expected to read and agree to the terms of this amended agreement upon the effective variation of the agreement. Continued use/ access of this website and/or use of the SHOPPING EXPRESS Service will be understood by SHOPPING EXPRESS as express consent to be bound by the terms of the varied agreement that are effective at the time of usage of the website and / or of the SHOPPING EXPRESS Service.
2. Intellectual Property
All graphics, user interfaces, photographs, trademarks, logos, source codes, databases, software, page headers, texts, photographs, and artwork including but not limited to the design, structure, selection, coordination, expression, vibe and arrangement of content contained within the website is owned, controlled, and licensed by SHOPPING EXPRESS to the website, and is subject to copyright, patent and trademark laws, and various other intellectual property rights, as well as unfair competition laws in Bangladesh, and even international conventions on intellectual property for websites that can be accessed internationally.
SHOPPING EXPRESS trademarks and trade dress may not be used by any person other than SHOPPING EXPRESS including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated or used in whole or in part. Customers may use the information on SHOPPING EXPRESS website solely for personal and non-commercial informational purpose. No content may be copied, reproduced, republished, shared, uploaded, posted, publicly displayed, encoded, translated, transmitted, tagged, or distributed in any way to any other person, computer, server, website, or any other media medium for the purposes as not related above, or for any other commercial enterprise, without SHOPPING EXPRESS prior written consent provided by the respective owners. Systematic retrieval of data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from SHOPPING EXPRESS is similarly prohibited.
Provided that you are eligible to use the Website, you are granted a limited license to access and use the website and SHOPPING EXPRESS content insofar as to download, make an order, or print a copy of any portion of the website’s content to which you have properly gained access solely for your personal, non-commercial use. SHOPPING EXPRESS reserves all other rights not expressly granted to you in and to the website. If you download or use any SHOPPING EXPRESS content in a legitimate way for personal use, you must retain all copyright and other proprietary notices contained therein. You agree within this agreement not to circumvent, disable or otherwise interfere with security related features of the website or features that prevent or restrict use or copying of any SHOPPING EXPRESS content or enforce limitations on the use of the website or SHOPPING EXPRESS content, lying outside of the scope of permissible use of the website, and its relevant content.
3. Customer Representations
Customers using SHOPPING EXPRESS Service, or the website, represent and warrant that:
a) All registration information submitted is truthful and accurate of the customer at point of registration; shopping,
b) Customers will do all that is necessary to maintain the accuracy of such information in a timely manner;
c) Customers will keep their personal information confidential and will be responsible for all use of their account, and information relating to their account, and they will not consider SHOPPING EXPRESS liable for a breach of their personal information under any circumstances;
d) Customers that are not a minor in the jurisdiction in which they reside, or if a minor, should have received parental permission to use the website and / or D SHOPPING EXPRESS service; and
e) Customer’s use of SHOPPING EXPRESS Service does not violate any applicable law or regulation within Bangladesh jurisdiction.
f) Customers are entirely liable and responsible for their use of the website or the SHOPPING EXPRESS service.
g) Customers are entirely responsible for the content of, and any harm that may result from customer’s contribution of / submission of content to the website.
h) Customers will only access and / or use the website and the SHOPPING EXPRESS Service for the purpose stated in this agreement, and not for any other purpose than that for which SHOPPING EXPRESS makes it available.
i) The website and / or the SHOPPING EXPRESS Service shall exclusively be for personal use by customers, and customers may not use the website and / or the SHOPPING EXPRESS Service in connection with any other commercial or corporate endeavour except for those purposes that have been specifically and formally endorsed and approved by SHOPPING EXPRESS prior to such use.
Regarding the content that customers provide, customers who make create, or make available a contribution to the website, thereby represent and warrant that:
a) The creation , distribution, transmission, public display and performance, accessing, downloading, copying, or subsequent use in any way of customer’s contribution does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party having no prior arrangement for such rights with the customer;
b) Customers are the creator and owner of or have the necessary licenses, rights, consents, releases and permissions to use and to authorize SHOPPING EXPRESS and the website creators and/or anyone who is appointed by SHOPPING EXPRESS to maintain the website to use such submitted content as is necessary to exercise the licenses granted by customers under this agreement;
c) Customer’s contribution of content does not, and will not contain any viruses, worms, Trojan horses, malicious codes, or any other form of harmful or destructive content that may potentially impair the function of the proper function of the website;
d) Customers may not contribute any content that is obscene, lewd, lascivious, filthy, violent, harassing, libellous, discriminatory, slanderous, unpatriotic, or content that incites, encourages, or threatens immediate physical harm against another, or that violates any applicable law, regulation or rule, and /or violates the privacy or publicity rights of any third part. Customers shall, in essence, not contribute any content that is deemed socially and morally objectionable (as is to be determined by SHOPPING EXPRESS), customers that do post such content will be legally liable for a breach of this agreement;
e) Customer’s contribution may not constitute, contain, install, promote or attempt to install or attempt to promote, spyware, malware, or other types of computer codes that are designed to / may be used to enable others to gather information about or monitor the online or otherwise daily activities of another party, without their proper approval, thus breaching their privacy rights;
f) Customers may not contribute material that does not otherwise violate, or link to material that violates, any provision of this agreement, or any relevant applicable law or regulation to the use of the website and / or use of the SHOPPING EXPRESS Service;
g) Customers may not inundate the website with communications or other traffic that serves no serious intent to use the website for its stated purpose, and which impacts negatively the ability of the website to fully perform its intended purpose.
h) Customers must have to pay the invoice amount at the time of receiving goods, as we provide cash on delivery service only and there are NO CREDIT facilities available at any circumustances, any types of delay of payment will break the service agreement with tooptop.com (Shopping Express).
4. Submission of Content to SHOPPING EXPRESS
For persons who have submitted any content to SHOPPING EXPRESS, the submission of such content to the website (which may include but is not limited to orders, ratings, suggestions, feedback, comments, queries, or other information), automatically grants SHOPPING EXPRESS the ownership to the intellectual property of such content, and also the right to use it in any manner that SHOPPING EXPRESS chooses to do so, to the maximum extent as permitted under Bangladesh law.
Such content provided by persons using the website, will be treated as non-confidential, and SHOPPING EXPRESS (as well as any person working for SHOPPING EXPRESS) shall be entitled to the unrestricted use and dissemination of the submitted contents, for any purpose, commercial or otherwise, without the need for prior acknowledgement, permission, compensation by persons who have submitted the content. The possible actions that SHOPPING EXPRESS can take, includes, but is not limited to, SHOPPING EXPRESS having the right, in its sole and absolute discretion, to edit, redact or otherwise make any changes to submissions, to re-categorize any submissions and place them in more appropriate locations, or to pre-screen and remove any submissions that are determined to be inappropriate to the business function of SHOPPING EXPRESS through the website.
Persons accepting this agreement, agree that submitted content that has been posted on the site grants SHOPPING EXPRESS the non-exclusive royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, incorporate, adapt, publish, translate, excerpt, reformat, translate, create derivative works from, distribute and publicly display such content in any form, media, technology, and communication outlets, and for any purpose, commercial, advertising, or otherwise on or in connection with the website or the promotion thereof.
SHOPPING EXPRESS takes no further responsibility and assumes no further liability for any content posted to or submitted to the website by customers, as far as the intellectual property rights go for such content. Customers, by accepting the agreement, are agreeing, as in section 3, that any such material / content submitted by customers, does not breach the intellectual property rights of any other person, and agrees to indemnify SHOPPING EXPRESS against any claims of any kind arising from a breach of intellectual property between the customer and other third parties for the submission / use by the customer of the content, including but not limited to legal fees and legal action that may be imposed by other persons over the legality of submitted content.
5. Third Party Content
The website contains (or you may be sent through the website or the SHOPPING EXPRESS Service) links to other websites (“Third Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (“Third Party Content”). Such Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by SHOPPING EXPRESS, and SHOPPING EXPRESS is absolved of all responsibility for any Third Party Content being accessed through this website, or any Third Party Content made available through or installed through the website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, legitimacy, or any other policies as contained within the Third Party Websites, or Third Party Content..
If customers decide to leave the website to access Third Party Websites or use Third Party Content, customers are doing so at their own risk, and should be aware that the terms and conditions of use available through this website will not be applied to Third Party Websites, and will not govern customer’s use of Third Party Content / Third Party Websites. Customers should review the applicable terms and policies that apply to these Third Party Websites through the legal obligations that arise from these Third Party Websites that have been navigated from the website, and Third Party Content being linked or included in the website does not imply or indicate SHOPPING EXPRESS approval or endorsement. Therefore, SHOPPING EXPRESS takes no responsibility whatsoever in relation to what customers do / use / access when it concerns the Third Party Website / Third Party Content directly, and the use of it is exclusively be between customers and the applicable third party that is legally affiliated to the Third Party Website / Third Party Content.
6. Site Management
SHOPPING EXPRESS reserves the right to but does not have any legal obligation to complete within a specific timeframe the following:
a) Monitor the website for violations of this agreement;
b) Take appropriate legal action against anyone who in SHOPPING EXPRESS’s sole discretion, violates the terms of this agreement, including but without limitation, reporting such users to law enforcement authorities if necessary;
c) Refuse, restrict access to or availability of, or disable (to the extent technologically feasible) anyone’s Contribution or any portion thereof that may violate this agreement or any SHOPPING EXPRESS policy (as to SHOPPING EXPRESS’s sole discretion without limitation);
d) Give notice, or liability to remove from the website or otherwise disable content and customer access that in any way may be burdensome to the function of SHOPPING EXPRESS;
e) Remove the rights and obligations under this agreement of repeat infringers of the agreement conditions and / or terminate the accounts of repeat infringers without their prior consent;
f) Manage the website in a manner designed to protect the rights, obligations, and property of SHOPPING EXPRESS and of all related persons to SHOPPING EXPRESS in connection with the website, or with the SHOPPING EXPRESS Service; and
g) Make changes to the website (and the website’s functions and / or accessibility) as per SHOPPING EXPRESS’s sole discretion, in order to facilitate the proper functioning of the website and the proper functioning of the SHOPPING EXPRESS Service, without the obligation of informing consulting users / customers beforehand of the changes.
7. Limitation of Liability
Under no circumstances will SHOPPING EXPRESS be liable for any losses or damages whatsoever (including for death injury, or illness), whether in contract, tort or otherwise, arising from the use of, or reliance upon, information or opinions contained on this website. SHOPPING EXPRESS excludes all liability (including for negligence) to customers or any user of the website in respect of any loss or damage (including but not limited to special, indirect or consequential loss or damage such as loss of revenue, unavailability of systems or loss of data) arising from or connected in any way to the use of the information on or access to the functions or content on the website, or arising from the use of the SHOPPING EXPRESS Service
Any disputes that arise between customers and SHOPPING EXPRESS (for example in relation to, but not limited to, customer orders, service provided, delivery address information, food quality, delivery time, or delivery charges) shall be resolved between customers and SHOPPING EXPRESS through peaceful, and non-legal dispute resolution mechanisms. Both parties shall be obliged to do all that is necessary to resolve such disputes in a non-adversarial manner.
SHOPPING EXPRESS may alter these Terms and Conditions of Use at any time without notice and, you, agree to be bound by such changes. Those changes will be posted on the website.
(tooptop.com operated under/by Bangladesh business name SHOPPING EXPRESS)