These Buy Now User Terms of Service are a legal agreement between Buy Now ("Buy Now", "we" or
"us") and you,
the user of the Buy Now service ("you"). By using the Buy Now service, you agree to be bound by these
and conditions. you agree that you are exercising your full discretion in making the payment using this
Service and that you agree to the terms and conditions contained herein.
The Buy Now service (“Buy Now”) is technology that makes it easier for sellers on the Internet (“Sellers”)
to collect payment from individuals like you. Buy Now also makes it easy for you to store a credit card or
debit card (“Payment Credentials”) with Buy Now for use across the websites of Sellers.
You authorize debit of the nominated card/bank account/digital account for making payment using this
It is the sole responsibility of you to ensure that any information entered in the relevant fields are
correct, accurate and valid
The User shall not use any debit/credit card, or detail of any bank account or digital account that is not
lawfully owned by the User, or the use of which is not authorized by the lawful owner thereof.
The User’s personal data including, without limitation, details relating to debit card/ credit card/net
banking/digital account transmitted over the Internet may be susceptible to misuse, hacking, theft and/or
fraud and that Buy Now have no control over such matters.
In the event of such unauthorized interception, hacking or other unauthorized access to information provided
by a User of the Service, Buy Now does not accept or assume any liability
Buy Now reserves the right to decline a transaction for any reason deemed necessary.
Using Buy Now.
When you check out on the website of a Seller that has Buy Now, we will ask you if you’d like us to remember
you. When you allow us to remember you, Buy Now will store certain identifying information, such as a
password, your email address, or your mobile phone number (“Buy Now Credentials”), and your Payment
Credentials. The advantage of remembering you is that it will make your payment quicker and easier if you
come back to the same website, or to any of the other websites that use Buy Now–this can be especially handy
when you’re on a mobile device or don’t have your credit card in front of you.
Now will give you the ability to make purchases using your stored Payment Credentials. Buy Now may also
allow you to make a purchase with your Payment Credentials by sending a message directly from the email
address or phone number stored as your Buy Now Credentials (for example, to authorize a purchase via SMS).
Buy Now is a way of storing your Payment Credentials, but it doesn’t change anything else about your
relationship with the Seller you’re paying or your bank or credit card company. You are ultimately
responsible for the purchases you make using Buy Now. Also, the Seller is the one responsible for
providing you the goods or services that you purchase using Buy Now, not Buy Now. No warranty,
representation or guarantee, express or implied, is given by Buy Now in respect of the operation of this
Service or in connection with the products to be purchased by the User using this Service. Buy Now will
use our reasonable efforts to keep your Payment Credentials secure.
Representations and Warranties.
By using Buy Now you represent and warrant that you are at least 18 years of age and that you will not use
Buy Now for any fraudulent, unlawful or abusive purpose.
Limitations of Liability; Force Majeure
In no event shall any disclaiming entity be responsible or liable to you or any third party under any
circumstances for any indirect, consequential, special, punitive or exemplary, damages or losses,
including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses
which may be incurred in connection with any disclaiming entity or the services, or any goods, services,
or information purchased, received, sold, or paid for by way of the services, regardless of the type of
claim or the nature of the cause of action, even if the disclaiming entity has been advised of the
possibility of such damage or loss.
Each party acknowledges that the other party has entered into these Terms of Service relying on the
limitations of liability stated herein and that those limitations are an essential basis of the bargain
between the parties. In addition to and without limiting any of the foregoing, no Disclaiming Entity shall
have any liability for any failure or delay resulting from any condition beyond the reasonable control of
such party, including but not limited to governmental action or acts of terrorism, earthquake, fire, flood
or other acts of God, labor conditions, power failures and Internet disturbances.
Any dispute or claim relating to your use of our services is to be governed by and construed in accordance
with the laws of Bangladesh. Each of the Parties agrees that, if any dispute(s) or difference(s) shall
arise between the Parties in connection with or arising out of this Agreement, the Parties shall attempt,
for a period of 30 (thirty) days from the receipt of a notice from the other Party of the existence of a
dispute(s), to settle such dispute(s) by mutual discussions between the Parties. If the said dispute(s)
cannot be settled by mutual discussions within the thirty-day period provided above, the matter shall be
settled by arbitration under Arbitration Act, 2001. Each Party shall appoint one arbitrator and the two
arbitrators thus appointed shall jointly appoint an additional arbitrator who shall act as the Chairman of
the Tribunal. The arbitration proceedings shall be held in English language at Dhaka, Bangladesh. Each
Party shall bear its own Arbitration cost.
Notices and other communications to you may be made by mail, email or other reasonable means. We may also
provide notices of changes to the Terms of Service or other matters by displaying links to notices on the
Buy Now Website.
Modification of Terms of Service
We have the right, in our sole and absolute discretion, to change, modify, or amend any portion of these
Terms of Service at any time without providing any notification to you. The changes will become effective,
and shall be deemed accepted by you, after the initial posting and shall apply on a going-forward basis
with respect to transactions initiated after the posting date. In the event that you do not agree with any
such modification, your sole and exclusive remedy is to terminate your use of the Buy Now.
You may not assign these Terms of Service or any rights or obligations hereunder, by operation of law or
otherwise, without our prior written approval and any such attempted assignment shall be void. We reserve
the right to freely assign these Terms of Service and the rights and obligations hereunder, to any third
party without notice or consent. Subject to the foregoing, these Terms of Service shall be binding upon
and inure to the benefit of the parties hereto, their successors and permitted assigns.
Upon stopping the use of Buy Now or termination of these Terms of Service for any reason, in addition to
this section, the following sections shall survive termination: Sections 1-7 and 10.
Buy Now failure to exercise or enforce any right or provision of the Terms of Service will not be
considered a waiver of that right or provision. If any provision of these Terms of Service shall be
adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be
limited or eliminated to the minimum extent necessary so that these Terms of Service shall otherwise
remain in full force and effect and remain enforceable between the parties. Headings are for reference
purposes only and in no way define, limit, construe or describe the scope or extent of such section. these
Terms of Service, including Buy Now’s policies governing Buy Now referenced herein, constitutes the entire
agreement between you and Buy Now with respect to the use of Buy Now. These Terms of Service is not
intended and shall not be construed to create any rights or remedies in any parties other than you and Buy
Now which each shall be a third-party beneficiary of these Terms of Service, and no other person will have
the ability to assert any rights as a third-party beneficiary under these Terms of Service.