2.1.1 Welcome to Picsmotionbd provides access to the Picsmotionbd website or any other media (“Website”) to you subject to the terms and conditions (“Terms”) set out on this page. By using the Website, you, a registered or guest user in terms of the eligibility criteria set out herein (“User”) agree to be bound by the Terms. Please read them carefully as your continued usage of the Website, you signify your agreement to be bound by these Terms. If you do not want to be bound by the Terms, you must not subscribe to or use the Website or our services.
2.1.2 By impliedly or expressly accepting these Terms, you also accept and agree to be bound by Picsmotionbd policies.
2.1.3 In these Terms, references to “you”, “User” shall mean the end user/customer accessing the Website, its contents and using the Services offered through the Website. References to the “Website”, “Picsmotionbd”, “we”, “us” and “our” shall mean the Website
2.1.4 The contents set out herein form an electronic record in terms of তথ্য ও যোগাযোগ প্রযুক্তি আইন, ২০০৬(Information & Communication Technology Act, 2006) and rules there under as applicable and as amended from time to time. As such, this document does not require any physical or digital signatures and forms a valid and binding agreement between the Website and the User.
2.1.5 The Website is operated by Picsmotionbd, Jashore, Bangladesh. All references to the Website in these Terms shall deem to refer to the aforesaid entity in inclusion of the online portal.
2.1.7 We reserve the right to change these Terms at any time. Such changes will be effective when posted on the Website. By continuing to use the Website after we post any such changes, you accept the Terms as modified.
2.1.8 These Terms will continue to apply until terminated by either You or Picsmotionbd in accordance with the terms set out below:
2.1.9 The agreement with Picsmotionbd can be terminated by (i) not accessing the Website; or (ii) closing Your Account, if such option has been made available to You.
2.1.10 Not with standing the foregoing, these provisions set out in these Terms which by their very nature survive are meant to survive termination, shall survive the termination / expiry of this agreement.
2.2.1 Use of the Website is available only to such persons who can legally contract under the Contract Act, 1872.
2.2.2 If you are a minor i.e. under the age of 18 years, you shall not register as a user of Picsmotionbd and shall not transact on or use the Website. As a minor if you wish to use or transact on website, such use or transaction may be made by your legal guardian or parents on the Website. Picsmotionbd reserves the right to terminate your membership and / or refuse to provide you with access to the website if it is brought to Picsmotionbd’s notice or if it is discovered that you are under the age of 18 years.
2.2.3 By accepting the Terms or using or transacting on the Website, the User irrevocably declares and undertakes that he/she is of legal age i.e. 18 years or older and capable of entering into a binding contract and such usage shall be deemed to form a contract between the Website and such User to the extent permissible under applicable laws.
2.3.1 When you use Picsmotionbd, or contact us via phone or email, you consent to receive communication from us. You authorize us to communicate with you by e-mail, SMS, phone call or by posting notices on the website or by any other mode of communication. For contractual purposes, you consent to receive communications (including transactional, promotional and/or commercial messages), from us with respect to your use of the website and/or your order placed on the Website. Additionally any disclosures posted on the site, or sent to you by email fulfill the legal obligation of communication made in writing.
2.4. Your Account and Responsibilities
2.4.1 Any person may access the Website either by registering to the Website or using the Website as a guest. However, a guest user may not have access to all sections of the Website including certain benefits/promotional offers, which shall be reserved only for the purpose of registered Users, and which may change from time to time at the sole discretion of the Website.
2.4.2 If you wish to register your account with the Website, you shall be required to create an account by registering with a valid Bangladeshi mobile number and/or with your Facebook account or your email address or by filling in the details prescribed in the Website registration form. You will then receive a password or one-time PIN with which you can login to the website to place orders.
2.4.4 The Website may be inaccessible for such purposes as it may, at its sole discretions deem necessary, including but not limited to regular maintenance. However, under no circumstances will Picsmotionbd be held liable for any losses or claims arising out of such inaccessibility to the Users and the Users expressly waive any claims against Picsmotionbd in this regard
2.5.1 Membership on the website is free for users. Picsmotionbd does not charge any fee for browsing and buying on the website. Picsmotionbd reserves the right to change its fee policy from time to time. In particular, Picsmotionbd may at its sole discretion introduce new services and modify some or all of the existing services offered on the website. In such an event, Picsmotionbd reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the fee policy will be posted on the website and such changes will automatically become effective immediately after they are posted on the website.
2.6.1 The material (including the content, and any other content, software or services) contained on Picsmotionbd are the property of Picsmotionbd, its subsidiaries, affiliates and/or third party licensors. No material on this site may be copied, reproduced, republished, installed, posted, transmitted, stored or distributed without written permission from Picsmotionbd
2.6.2 You may 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 website or any content, or in any way reproduce or circumvent the navigational structure or presentation of the website or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the website. We reserve our right to bar any such activity.
2.8 Promotional Activity
2.8.1 To promote its services Picsmotionbd uses various advertisement and commercials which are truthful and are not deceptive or unfair to the best of our knowledge and belief. Every user is under the obligation to go through the relevant information contained in the Website before using the service and it will be assumed that each user is aware of every information provided in the Website. Images of products in the Website are for and by reference only and actual product may vary from the corresponding image exhibited. The Website disclaims any liabilities arising out of any discrepancies to this end to the fullest extent permitted by law.
2.9 The Contract
2.9.1 Your order is an offer to us to buy the product(s) in your order. When you place an order to purchase a product from us, you will receive an e-mail and/or SMS to your mobile phone number confirming receipt of your order and/or containing the details of your order (the “Order Confirmation E-mail and/or SMS”). The Order Confirmation E-mail and/or SMS is acknowledgement that we have received your order, but does not confirm acceptance of your offer to buy the product(s) ordered; that when we send the Order Confirmation E-mail and/or SMS a contract called an “agreement to sell” is concluded in accordance with Section 4(3) of the Sale of Goods Act, 1930 i.e. the transfer of the property in the goods is to take place at a future time when the product(s) is/are delivered to your designated address. We only accept your offer, and the above “agreement to sell” becomes a contract of sale for product(s) ordered by you in accordance with Section 4(4) of the Sale of Goods Act, 1930, when the product(s) is/are delivered to your designated address and at that time the property in the goods is transferred from us to you.