THE FOLLOWING DESCRIBES THE TERMS ON WHICH ClickBD.COM OFFERS YOU ACCESS TO
Welcome to the user agreement (the "Agreement" or "User Agreement")
for ClickBD. This Agreement describes
the terms and conditions applicable to your use of our services
available under the domain and sub-domains of
http://www.ClickBD.com/ (the "Site") (including
stores.ClickBD.com) and the general principles for the websites of our
subsidiaries and affiliates. If you do not agree to be
bound by the terms and conditions of this Agreement, do not use or
access our services.
If you have any questions, please refer to our email us
You must read, agree with and accept all of the terms and conditions
those terms and conditions expressly set out below and those
incorporated by reference, before you may become a member of ClickBD. We
strongly recommend that, as you read this User Agreement, you also
access and read the information contained in the other pages and
websites referred to in this document, as they may contain further terms
and conditions that apply to you as an ClickBD user. Please note:
underlined words and phrases are links to these pages and websites. By
accepting this User Agreement, you also agree that your use of other
posted on those websites.
- Membership Eligibility.
Our services are available only to, and may only be used by
individuals who can form legally binding contracts under applicable
law. Without limiting the foregoing, our services are not available to
children (persons under the age of 18) or to temporarily or
indefinitely suspended ClickBD members. If you are a under the age of 18,
you can use this service only in conjunction with, and under the
supervision of your parents or guardians. If you do not qualify,
please do not use our Site. Further, your ClickBD account (including
feedback) and ClickBD ID may not be transferred or sold to another party.
If you are registering as a business entity, you represent that you
have the authority to bind the entity to this Agreement.
- Fees and Services.
Joining and bidding on items at ClickBD is free. We do not charge
for listing items for sale through Auction and Classified service.
We may charge a small fee to listing items for sale through FixedPrice
on our Site and when you list an item
you have an opportunity to review and accept the fees that you will be
charged. We change corporate clients to run stores on our
which is covered in writing and signed by store owner and ClickBD.com. You are responsible for paying all
fees associated with using our service and the Site and all applicable
- ClickBD is a Venue.
3.1 ClickBD is not an Auctioneer.
Although we may referred to as an online auction web site, it
is important to realize that we are not a traditional "auctioneer."
Instead, the Site acts as a venue to allow anyone to offer, sell, and
buy just about anything, at anytime, from anywhere, in a variety of
pricing formats, including a fixed price format and an auction-style
format commonly referred to as "online auctions" or "auctions." We are
not involved in the actual transaction between buyers and sellers. As
a result, we have no control over the quality, safety or legality of
the items advertised, the truth or accuracy of the listings, the
ability of sellers to sell items or the ability of buyers to pay for
items. We cannot ensure that a buyer or seller will actually complete
a transaction. Consequently, we do not transfer legal ownership of
items from the seller to the buyer, and nothing in this agreement
shall modify the governing provisions of Com. Code § 2401(2) and
Uniform Com. Code § 2-401(2), under which legal ownership of an item
is transferred upon physical delivery of the item to the buyer by the
3.2 Fixed Price Marketplace. We offer you the availability to purchase items at a fixed price from a
service on an area of the site. This area is a venue that allows users
to find and purchase items from other users at a fixed price.
3.3 Classified. We also
offer you the ability to response to a classified ad. This area is a venue that allows users
to find services or items from other users who are looking for a
person-to-person negotiation before trading such service or item.
3.4 Identity Verification. We use many
techniques to verify the accuracy of the information our users provide
us when they register on the Site. However, because user verification
on the Internet is difficult, ClickBD cannot and does not confirm each
user's purported identity. Thus, we have established a user-initiated
feedback system to help you evaluate with whom you are dealing. We
also encourage you to communicate directly with potential trading
partners through the tools available on the Site and off the Site. You may also wish to
consider using a third party escrow service or services that provide
additional user verification.
3.5 Information Control. We do not
control the information provided by other users that is made available
through our system. You may find other user's information to be
offensive, harmful, inaccurate, or deceptive. Please use caution,
common sense, and practice safe trading when using the Site. Please
note that there are also risks of dealing with underage persons or
people acting under false pretense. Additionally, there may also be
risks dealing with international trade and foreign nationals. By using
this Site, you agree to accept such risks and ClickBD is not responsible
for the acts or omissions of users on the Site.
- Bidding and Buying.
As a buyer, you are obligated to complete the transaction with the
- if you purchase an item through one of our fixed price formats;
- if you are the highest bidder at the end of an auction (meeting
the applicable minimum bid or reserve requirements) and your bid is
accepted by the seller.
By bidding on an item you agree to be bound by the conditions of sale
included in the item's description so long as those conditions of sale
are not in violation of this Agreement or unlawful. Unless you and the
seller agree otherwise, you will become the item's lawful owner upon
physical receipt of the item from the seller, in accordance with
Com. Code § 2401(2) and Uniform Com. Code § 2-401(2). Bids are not
retractable except in exceptional circumstances, such as: when the
seller materially changes the item's description after you bid; a
clear typographical error is made; you cannot authenticate the
seller's identity; or when the seller does not confirm your purchase
in the fixed price area of our services. If you choose to bid on mature
audience items or items that are restricted to adult use, you are
certifying that you have the legal right to purchase such items.
- Listing and Selling.
5.1 Listing Description. You must be
legally able to sell the item(s) you list for sale on the Site. You
must describe your item and all terms of sale on the listing page of
the Site. Your listings may only include text descriptions, graphics,
pictures and other content relevant to the sale of that item. All
listed items must be listed in an appropriate category. All items in
multiple item listings must be identical. All auction listing must not
contain negotiable price information or seller's direct contact
information or any information that indicate intention of bypassing
5.2 Market Price. You must not put
too high Reserve Price or unreal Market Price on your listing.
5.3 Binding Bids. Except for items
listed in a category under the Non-binding Bid Policy, if you receive
at least one bid at or above your stated minimum price (or in the case
of reserve auctions, at or above the reserve price), you are obligated
as the seller to complete the transaction with the highest bidder upon
the auction's completion, unless there is an exceptional circumstance,
such as: (a) the buyer fails to meet the terms of your listing (such
as payment method), or (b) you cannot authenticate the buyer's
5.4 Fraud. Without limiting any other
remedies, ClickBD may suspend or terminate your account if we suspect
that you (by conviction, settlement, insurance or escrow
investigation, or otherwise) have engaged in fraudulent activity in
connection with the Site.
5.5 Manipulation. Neither you, bidders
nor sellers may manipulate the price of any item nor may you interfere
with other user's listings or transactions.
- Your Information.
6.1 Definition. "Your Information" is
defined as any information you provide to us or other users in the
registration, bidding or listing process, in any public message area
(including the QA or the feedback area) or through any email
feature. You are solely responsible for Your Information, and we act
as a passive conduit for your online distribution and publication of
6.2 Restricted Activities. Your
Information (or any items listed) and your activities on the Site
shall not: (a) be false, inaccurate or misleading; (b) be fraudulent
or involve the sale of counterfeit or stolen items; (c) infringe any
third party's copyright, patent, trademark, trade secret or other
proprietary rights or rights of publicity or privacy; (d) violate any
law, statute, ordinance or regulation (including, but not limited to,
those governing export control, consumer protection, unfair
competition, antidiscrimination or false advertising); (e) be
defamatory, trade libelous, unlawfully threatening or unlawfully
harassing; (f) be obscene or contain child pornography or, if
otherwise adult in nature or harmful to minors, shall be posted only
in the Mature Audiences section and shall be distributed only to
people legally permitted to receive such content; (g) contain any
viruses, Trojan horses, worms, time bombs or
other computer programming routines that may damage, detrimentally
interfere with, surreptitiously intercept or expropriate any system,
data or personal information; (h) create liability for us or cause us
to lose (in whole or in part) the services of our ISPs or other
suppliers; and (i) link directly or indirectly to or include
descriptions of goods or services that: (aa) are prohibited under this
Agreement; (bb) are identical to other items you have up for auction
but are priced lower than your item's reserve or minimum bid amount;
(cc) are concurrently listed for sale on a web site other than
(this does not prevent linking to or advertising an ClickBD item from
another web site); or (dd) you do not have a right to link to or
include. Furthermore, you may not list any item on the Site (or
consummate any transaction that was initiated using our service) that,
by paying to us the listing fee or the final value fee, could cause us
to violate any applicable law, statute, ordinance or regulation, or
that violates our current
Prohibited, Questionable and Infringing Items.
6.3 License. Solely to enable ClickBD to
use the information you supply us with, so that we are not violating
any rights you might have in that information, you agree to grant us a
non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the
copyright, publicity, and database rights (but no other rights) you
have in Your Information, in any media now known or not currently
known, with respect to Your Information. ClickBD will only use Your
- Access and Interference.
The Site contains robot exclusion bfonts. Much of the information on
the Site is updated on a real time basis and is proprietary or is
licensed to ClickBD by our users or third parties. You agree that you
will not use any robot, spider, scraper or other automated means to
access the Site for any purpose without our express written
permission. Additionally, you agree that you will not: (i) take any
action that imposes, or may impose in our sole discretion an
unreasonable or disproportionately large load on our infrastructure;
(ii) copy, reproduce, modify, create derivative works from, distribute
or publicly display any content (except for Your Information) from the
Site without the prior expressed written permission of ClickBD and the
appropriate third party, as applicable; (iii) interfere or attempt to
interfere with the proper working of the Site or any activities
conducted on the Site; or (iv) bypass our robot exclusion or
other measures we may use to prevent or restrict access to the Site.
8.1 Integrity. You may not take any
actions that may undermine the integrity of the feedback system. We
may limit the number of bids and listings you may place on the Site
based upon the level of your feedback. If you earn a net feedback
rating of -4 (minus four), your membership may be suspended, and you
may be unable to list or bid.
8.2 Export. You acknowledge that your
feedback consists of comments left by other users and a composite
feedback number compiled by ClickBD, and that the composite number
without the comments does not convey your full user profile. Because
feedback ratings are not designed for any purpose other than for
facilitating trading between ClickBD users, you agree that you shall not
market or export your ClickBD feedback rating in any venue other than an
ClickBD operated website.
8.3 Import. We do not provide you the
technical ability to import feedback from other (non-ClickBD operated)
websites to ClickBD because a composite number, without the corresponding
feedback does not reflect your true online reputation within our
Without limiting other remedies, we may limit your activity,
immediately remove your bids or item listings, warn our community of
your actions, issue a warning, temporarily suspend, indefinitely
suspend or terminate your membership and refuse to provide our
services to you if: (a) you breach this Agreement or the documents it
incorporates by reference; (b) we are unable to verify or authenticate
any information you provide to us; or (c) we believe that your actions
may cause financial loss or legal liability for you, our users or us.
We do not sell or rent your personal
information such as your name, credit card information, and billing
address to third parties for their marketing purposes without your
explicit consent and we only use your information as described in the
important community principle. We understand clearly that you and your
information is one of our most important assets. We store and process
your information on computers located in the United States that are
protected by physical as well as technological security devices. We
use third parties to verify and certify our privacy principles. Our
http://www.ClickBD.com/sub/privacy-policy.html. If you
object to your Information being transferred or used in this way
please do not use our services.