Terms & Conditions

Introduction

Welcome to Golden Way ( GW ). This document is an electronic record in terms of the ICT Act, 2006 of the Information Technology (Intermediaries guidelines) Rules, ICT Act 2006 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of Golden Way  marketplace platform – www.goldenway.com.bd (hereinafter referred to as “Platform & GW referred to as Golden Way”)

The Platform is owned by GW Designs having its registered office at 54 shantinogor, Dhaka-1217.6th floor

Your use of the GW and services and tools are governed by the following terms and conditions (“Terms of Use“) as applicable to the GW including the applicable policies which are incorporated herein by way of reference. By mere use of the GW, You shall be contracting with GW, the owner of the Platform. These terms and conditions including the policies constitute Your binding obligations, with Golden Way.

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 Platform by providing data while registering on the Platform as Registered User. The term “GW“,”We“,”Us“,”Our” shall mean Golden Way and its affiliates.

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. You shall ensure 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. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by GW, Policies including but not limited to Privacy Policy as amended from time to time.

For deliveries in Bangladesh:

All orders placed on GW are dispatched through our own delivery service – or through other delivery partner such as Redx & Pathao Courier.       

Delivery Time-

Inside Dhaka- 24-48 hour ( 1-2 days )

Outside of Dhaka- 48-96 hour ( 2-4 days )

Express Delivery- 1 hour ( On customer demand )

1. 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, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Platform.

You agree to

  • immediately notify GW of any unauthorized use / breach of your password or account and
  • ensure that you exit from your account at the end of each session.

2. Services Offered:

Golden Way ( GW ) provides a number of Internet-based services through the Platform. One such Service enables Users to purchase original/replica merchandise such as clothing, footwear and accessories from various fashion and lifestyle brands (collectively, “Products”). The Products can be purchased through the Platform through various methods of payments offered. The sale/purchase of Products shall be additionally governed by specific policies of sale, like cancellation policy, exchange policy, return policy, etc. (which are found on the FAQ tab on the Platform and all of which are incorporated here by reference). It is clarified that at the time of creating a return request, users are required to confirm (via a check box click) that the product being returned is unused and has the original tags intact. If the product returned by the user is used, damaged or if the original tags are missing, the user’s return request shall be declined, and the said product shall be re-shipped back to the customer. In the event that the return request is declined, the user shall not be eligible for a refund, and Golden Way ( GW ) assumes no liability in this regard. Further, in the event that the user fails to accept the receipt of the said re-shipped product, the user shall continue to be not eligible for a refund, and Golden Way ( GW ) assumes no liability with respect to the return or refund for the said re-shipped product. In addition, these Terms of Use may be further supplemented by Product specific conditions, which may be displayed with that Product.

Golden Way ( GW ) does not warrant that Product description or other content on the Platform is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.

3. User Conduct and Rules on the Platform:

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

  • You shall not host, display, upload, modify, publish, transmit, update or share any information which:
    • belongs to another person and to which 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
    • is misleading in any way
    • involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”
    • promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous
    • 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
    • contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page)
    • contains video, photographs, or images of another person (with a minor or an adult).
    • 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
    • interferes with another USER’s use and enjoyment of the Platform or any other individual’s User and enjoyment of similar services
    • 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
    • violates any law for the time being in force
    • 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
    • shall not be false, inaccurate or misleading
    • shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider (“ISPs”) or other suppliers
  • A User may be considered fraudulent or loss to business due to fraudulent activity if any of the following scenarios are met:
    • Users doesn’t reply to the payment verification mail sent by Golden Way ( GW )
    • Users fails to produce adequate documents during the payment details verification
    • Misuse of another Users’s phone/email
    • Users uses invalid address, email and phone no.
    • Overuse of a voucher code
    • Use of a special voucher not tagged to the email ID used.
    • Users returns the wrong product
    • Users refuses to pay for an order
    • Users involved in the snatch and run of any order
    • Miscellaneous activities conducted with the sole intention to cause loss to business/revenue to Golden Way ( GW )
    • User with a very high return rate
    • Repeated request for monetary compensation for fake/used order
  • Golden Way ( GW )  may cancel any order that classify as ‘Bulk Orders’/’Fraud orders’ under certain criteria at any stage of the product delivery. An order can be classified as ‘Bulk Order’/’Fraud Order’ if it meets with the below mentioned criteria, and any additional criteria as defined by Golden Way ( GW )
    • Products ordered are not for self-consumption but for commercial resale
    • Multiple orders placed for same product at the same address, depending on the product category.
    • Bulk quantity of the same product ordered
    • Invalid address given in order details
    • Any malpractice used to place the order
    • Any promotional voucher used for placing the ‘Bulk Order’ may not be refunded
    • Any order paced using a technological glitch/loophole.
  • Golden Way ( GW )  does not facilitate business to business transaction between Sellers and business customers. You are advised to refrain from transacting on the Platform if You intend to avail the benefits of input tax credit.
  • You shall not use the Platform for any unlawful and fraudulent purposes, which may cause annoyance and inconvenience and abuses any policy and rules of the company and interrupt or causes to interrupt, damages the use by other Users of Golden Way ( GW ).
  • You shall not use any false e-mail address, impersonates any person or entity, or otherwise misleads Golden Way ( GW )  by sharing multiple address and phone numbers or transacting with malaise intentions.
  • We on certain landing page even allow our Users to experience free exchange of ideas and observations regarding interest in the field of fashion, including ‘viewing user generated content’ and/or ‘videos’ and ‘posting comments’. By accessing, viewing and/or posting any user generated content to any specific dedicated page on the Platform, you accept and consent to the practices described in these ‘Terms of Service’ and ‘Privacy Policies’, as well as any other terms of prescribed by the Golden Way ( GW )  on the Platform. You agree and undertake that when accessing, viewing and/or posting any user generated content on these pages You will not imitate, abuse, harass, any Customer/User or violate and exploit, any of these ‘Terms of Service’ of the Platform.
  • You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve Our right to bar any such activity.
  • You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password “mining” or any other illegitimate means.
  • You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity
  • You shall at all times ensure full compliance with the applicable provisions of the ICT Act, 2006 and rules there under as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Or Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
  • From time to time, You shall be responsible for providing information relating to the products or services proposed to be sold by You. In this connection, You undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such products or services so as to mislead other Users in any manner.
  • You shall not engage in advertising to, or solicitation of, other Users of the Platform to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Platform or related to us.
  • The Content posted does not necessarily reflect Golden Way ( GW ) views. In no event shall Golden Way ( GW )  assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Platform. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information.
  • Golden Way ( GW )  hereby disclaims any guarantees of exactness as to the finish, appearance, size, color etc., of the final Product as ordered by the User. Golden Way ( GW )  Return & Exchange Policy offers you the option to return or exchange items purchased on Golden Way ( GW )  within the return/exchange period (Please read the Product Detail Page to see the number of days upto which a product can be returned/exchanged, post-delivery). In case of return or exchange of the purchased item, please refer to the “Return and Exchange Policy” available on http://goldenway.com.bd/index.php/faqs/
  • Please note that you can only use Golden Way (GW ) Credits to buy products from your registered account on the Golden Way ( GW )  website. GW Credits cannot be:
    • Used for payment of orders placed on other Golden Way ( GW )   accounts.
    • Transferred to any other Golden Way ( GW )   user’s account, bank account, or wallets, etc.
    • Golden Way ( GW )   may unilaterally terminate Your account on any event as mentioned in the Terms Of Use. Any credits earned through loyalty or referral program, Golden Way ( GW )   credit, and pending refunds if any will be forfeited in such case.

4. Disclaimer of Warranties and Liability:

All the materials and products (including but not limited to software) and services, included on or otherwise made available to You through Platform are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, Golden Way ( GW )   does not warrant that: Platform will be constantly available, or available at all or The information on Platform is complete, true, accurate or non-misleading.

5. E-Platform for Communication:

You agree, understand and acknowledge that Golden Way ( GW )  is an online platform that enables you to purchase products listed on the Platform at the price indicated therein at any time. You further agree and acknowledge that Golden Way ( GW )  is only a facilitator and is not and cannot be a party to or control in any manner any transactions on Golden Way ( GW )  .

6. Indemnity:

You shall indemnify and hold harmless Golden Way ( GW ) , its owner, licensee, affiliates, subsidiaries, group companies (as applicable) 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 this Terms of Use, privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

7. Trademark, Copyright and Restriction:

Platform is controlled and operated by Golden Way ( GW )   and products are sold by Golden Way ( GW )  . All material on Platform, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Golden Way ( GW )   is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other Golden Way ( GW )   or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause. 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, We reserve the right to use/reproduce any content uploaded by You and You agree to grant royalty free, irrevocably, unconditionally, perpetually and worldwide right to Us to use the content for reasonable business purpose.

8. Limitation of Liability:

In no event shall Golden Way ( GW )   be liable for any indirect, punitive, incidental, special, consequential damages or any other damages resulting from:

  • the use or the inability to use the Services or Products
  • unauthorized access to or alteration of the user’s transmissions or data
  • breach of condition, representations or warranties by the manufacturer of the Products
  • any other matter relating to the services 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 Platform or Service. Golden Way ( GW )   shall not be held responsible for non-availability of the Golden Way ( GW )    during periodic maintenance operations or any unplanned suspension of access to the Golden Way ( GW )   . The User understands and agrees that any material and/or data downloaded at Golden Way ( GW )    is done entirely at Users own discretion and risk and they will be solely responsible for any damage to their mobile or loss of data that results from the download of such material and/or data. To the maximum extend that is permissible under law, Golden Way ( GW )    liability shall be limited to an amount equal to the Products purchased value bought by You. Golden Way ( GW )    shall not be liable for any dispute or disagreement between Users

9. Termination:

Golden Way ( GW )   may suspend or terminate your use of the Golden Way ( GW )   or any Service if it believes, in its sole and absolute discretion that you have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms of Service or anyway otherwise acted unethically. Notwithstanding anything in this clause, these Terms of Service will survive indefinitely unless and until Golden Way ( GW )  chooses to terminate them.

  • If You or Golden Way ( GW )  terminates your use of the Platform or any Service, Golden Way ( GW ) may delete any content or other materials relating to your use of the Service and Golden Way ( GW ) will have no liability to you or any third party for doing so. However, your transactions details may be preserved by Golden Way ( GW ) for purposes of tax or regulatory compliance.
  • Golden Way ( GW ) may unilaterally terminate Your account on any event as mentioned in the Terms Of Use. Any credits earned through loyalty or referral program, Golden Way ( GW ) credit and pending refunds if any will be forfeited in such case. Returns/Refund for such Users shall be at the sole discretion of Golden Way ( GW ).
  • If You use any false e-mail address or use the portal for any unlawful and fraudulent purposes, which may cause annoyance and inconvenience and abuses any policy and rules of the company or mislead Golden Way ( GW ) by sharing multiple address and phone numbers or transacting with malafide intentions then Golden Way ( GW ) reserves the right to refuse access to the portal, terminate accounts including any linked accounts without notice to you.

10. 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 courts, tribunals, fora, applicable authorities at Bangladesh. The place of jurisdiction shall be exclusively in Dhaka.

11. Disclaimer:

Delivery Related – User agrees and acknowledges that any claims regarding order delivery (including non-receipt/ non- delivery of order or signature verification) shall be notified to Golden Way ( GW ) within 5 days from the alleged date of delivery of product reflecting on the Golden Way ( GW ) portal. Non notification by You of non-receipt or non-delivery within the time period specified shall be construed as a deemed delivery in respect of that transaction. Golden Way ( GW ) disclaims any liability or responsibility for claims regarding non-delivery, non-receipt of order (including signature verification in Proof of delivery) after 5 days from the alleged date of delivery of product reflecting on the Golden Way ( GW ) portal.

12. Cart Notification

You understand that, in the event selected products in your cart is out of the inventory, Golden Way ( GW ) provides You an option in your cart to select the product of another seller, You understand that price of the product by another seller may differ.

Customer Support: You can reach our customer support team to address any of your queries or complaints by clicking the link, selecting your order: http://goldenway.com.bd/index.php/contact/

IndemnificationYou hereby indemnify to the fullest extent Goya WordPress Theme 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.

Severability

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.

Variation of Terms

Goya WordPress Theme is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review these Terms on a regular basis.

Assignment

The Goya WordPress Theme 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 Goya WordPress Theme and you in relation to your use of this Website, and supersede all prior agreements and understandings.

Governing Law & Jurisdiction

These Terms will be governed by and interpreted in accordance with the laws of the State of Country, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Country for the resolution of any disputes.