Draft TC

TERMS AND CONDITIONS

  1. PREAMBLE
  • The Company is a public limited company registered under the laws of Bangladesh and is engaged in the business, inter alia, of meat processing industry.
  • The Company has established the Site.
  • The Site enables the User to place the order to purchase the Goods listed in the Site at any time from any location and get the delivery of the Goods within the territory of Bangladesh.
  • By using the Site, the Users hereby agree that they have read the Terms and Conditions carefully and accept to be bound by the Terms and Conditions and represent that they agree to comply with these Terms and Conditions. If any User does not agree to all of the Terms and Conditions, he or she will not be able to access the Site or avail any of its services.
  • The Terms and Conditions are deemed effective upon the use of the Site which signifies the User’s acceptance of these Terms and Conditions. If any User does not want to be bound by the Terms and Conditions, such User must not subscribe to or use the Site or the services provided by the Site.

 

  1. DEFINITIONS
  • Under these Terms and Conditions, (i) capitalised terms defined by inclusion in quotations and parentheses shall have the ascribed meaning; and (ii) the following terms shall have the following assigned meanings:

 

  • “Account” shall mean an account registered and maintained under the name of the User with [insert website URL];
  • “Applicable Law(s)” shall mean any statute, law, regulation, ordinance, rule, judgment, order, decree, by-law, license, treaty, code, approval from the concerned authority, government resolution, order, directive, guideline, policy, requirement, or other governmental restriction or any similar form of a decision of, or determination by, or any interpretation or adjudication having the force of law or any of the foregoing, by any concerned authority in Bangladesh having jurisdiction over the matter in question;
  • “BDT” shall mean Bangladeshi Taka which is the legal currency of Bangladesh.

 

  • “Cart” shall mean the User’s cart or shopping basket on the Site in which intended Goods are stored with a view to purchasing such Goods;

 

  • “Contact Information” shall mean the information provided by the User to the Site for the purpose of registering an Account in relation to placing orders, receiving Confirmation Notices, delivery of goods etc. from the Company and shall include a valid phone number and the address of delivery;

 

  • “Company” shall refer to BENGAL MEAT PROCESSING INDUSTRIES LTD.;
  • “Confidential Information” shall mean: (a) any information concerning the organization, business, technology, Intellectual Property, trade secrets, know-how, finance, transactions or affairs of the Company, any affiliate of the Company, any company with which the Company and/or its affiliates cooperate pursuant to contractual arrangements or any of their respective representatives (whether conveyed in written, oral or in any other form); (b) any knowledge and information shared by the Company whether relating to the management, operation and/or financial condition/projections of any the Company, including the business plan, if any, and operating plans of the Company from time to time; (c) any information or materials prepared by the Company or its representatives. However, Confidential Information does not include information:
  • which is generally available to the public other than as a result of a breach of these Terms and Conditions; or
  • which is already in the possession of the User without restriction prior to any disclosure hereunder; or
  • which is or has been lawfully disclosed to the User by someone who is free lawfully to disclose the same without confidentiality restrictions; or
  • which is independently developed by the User or its affiliates and no Confidential Information disclosed hereunder has been used directly or indirectly in such development; or
  • whose applicable period of confidentiality has ended.
  • “Confirmation Notice” shall mean a notice to the Customer in the form of an email/SMS/phone call or any other medium to confirm that the Company has received the order(s) placed by the Customer;
  • “Customer” or interchangeably, the “User”, shall mean any person (either on his/her behalf or on behalf of any establishment/entity) who accesses the Site as a guest user and its services at any given time, or holds an Account and/or places an order for the purchase of any Goods from the Site;

 

  • “Digital Payment Methods” shall include electronic payment methods such as debit/credit cards, internet banking, payment gateways, mobile financial services such as bKash, Nagad, etc. or any other electronic or digital payment methods permitted under the laws of Bangladesh;

 

  • “Goods” shall mean the products as displayed in the Site from time to time;
  • “Intellectual Property” shall mean any and all intellectual property and/or rights owned by the Company including patents, trademarks, designs, logos, brand names associated with the name of the Company, service marks, trade names, symbols, emblems, insignia, fascia, slogans, copyrights, know-how, information, drawings, plans and other identifying marks, applications, the Site design, including, but not limited to text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software and rights to apply for any of the foregoing, whether or not registered or capable of registration, and all pending applications thereof in any part of the world, and all other proprietary rights whatsoever owned by or available to the Company, adopted or designated now, or at any time thereafter, by the Company for use in relation with the Company’s business;
  • “Site” shall refer to [insert website URL] or related mobile application/app or any other media;
  • “Terms and Conditions” shall refer to these Terms and Conditions contained herein governing the Site and the usage thereof, any other policies of the Company which is a part of these Terms and Conditions and including but not limited to the privacy policy of the Company and shall include their recitals and schedules, and all amendments, supplements, any subsequent updates made thereto;
  • “Objectionable Content” shall include illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), or is deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libellous, obscene, pornographic, paedophilic or menacing; ethically objectionable, disparaging; or is otherwise injurious to third parties; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of Bangladesh or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses.
  • Under these Terms and Conditions:
  • any reference to any statute or statutory provision includes all subordinate legislation made from time to time under that statute or statutory provision (whether or not amended, modified, re-enacted or consolidated) or any judicial pronouncement;
  • The headings to the Clauses are for convenience only and shall not be deemed to be part or be taken into consideration in the interpretation or construction of these Terms and Conditions;
  • any reference to the singular shall include the plural and vice-versa;
  • any references to the masculine, the feminine and the neuter shall include each other;
  • the Preamble and Schedules (if any) form part of the Terms and Conditions and shall have the same force and effect as if expressly set out in the body of these Terms and Conditions and any reference to these Terms and Conditions shall include any recitals and Schedules to it.
  • references to these Terms and Conditions or any other document shall be construed as references to these Terms and Conditions or that other document as amended, varied, novated, supplemented or replaced from time to time;
  • the expression “this Clause” shall, unless followed by reference to a specific provision, be deemed to refer to the whole Clause (not merely the sub section, paragraph or other provision) in which the expression occurs;
  • any reference to books, files, records or other information or any of them means books, files, records or other information or any of them in any form or in whatever medium held including paper, electronically stored data, magnetic media, film and microfilm;
  • “in writing” includes any communication made by letter or fax or email but shall exclude text messages from mobile phones;
  • the words “include” and “including” shall be construed as being by way of illustration or emphasis only and shall not be construed as, nor shall they take effect as, limiting the generality of any preceding words;
  • references to a person or entity (or to a word importing a person or entity) shall be construed so as to include that person’s successors, legal representatives and permitted assigns.

 

  1. MODIFICATIONS
  • The Company reserves the right to change, modify, amend, replace these Terms and Conditions from time to time without notice to the User. The User acknowledges and agrees that it is the User’s responsibility to review these Terms and Conditions from time to time and to be aware of any such modifications.

 

  • The User’s use of the Site after such modifications will constitute User’s acknowledgment of the modified Terms and Conditions and agreement to abide and be bound by the modified Terms and Conditions.
  • The Company may provide push notification to the User in the Site regarding the modifications of the Terms and Conditions.
  1. CONDITIONS OF USE

User Account

  • To access certain services offered by the Site, the Site may require the User to create an Account with the Site and provide personal information (such as name, address, email, phone number etc.) to complete the creation of an Account.
  • The User must be aged 18 (eighteen) or older to access and use the Site. By placing an order through the Site, the User confirms that he/she is aged 18 (eighteen) or older and/or has attained the age of majority and/or has all the capacities to enter into an agreement in accordance with the Applicable Laws.
  • The Company may at any time in its sole and absolute discretion, invalidate, close, revoke, block etc. the Account of any User without giving any reason or prior notice.
  • A User may close his/her Account at any time (provided that no payment is due on the part of the User to the Company) by requesting to do so in their Account section of the Site or contacting the Company using the contact details provided.
  • The User hereby gives unrestricted consent and legal authority to the Company to handle, share, store, access, process etc. of the User’s information (personal and/or business information), which were provided during the registration of the Account or anytime thereafter.
  • The User grants the Company an unrestricted right to disclose to third parties of the User’s information (personal and/or business information).

Accessing the Site

 

  • The Company grants the User a non-transferable, revocable, and non-exclusive license to use the Site, in accordance with the Terms and Conditions described herein, for the purposes of purchasing the Goods as well as to obtain any service as provided in the Site.
  • If the User is registering an Account for and on behalf of an establishment/business entity, the User represents that they have the authority to bind that establishment/business entity to the Terms and Conditions. The Company may require such User to provide any documentary proof showing the authorization of such establishment/business entity.
  • No natural or legal person shall register an Account with the Site more than once unless approved by the Company in writing.
  • The Company will make all reasonable effort for uninterrupted availability of the Site, but the same shall not be guaranteed by the Company.
  • Access to the Site may occasionally/temporarily be suspended or restricted for the purpose of repairs, maintenance, technical or business reasons or for the introduction of new facilities or services at any time, without prior notice. The Company may provide push notification in this regard.
  • The User represents, warrants and unequivocally agree that:
  • the User is legally competent to contract;
  • the User holds all corporate and legal authorisations to access the Site and place order to purchase the Goods;
  • all information that the User provides is not false, misleading, inaccurate or offensive and all information that the User provides is complete and not misleading;
  • the User will not place any order unless the User is financially able to pay the full price of such Goods;
  • the User will not transfer or assign its Account to another party without the Company’s express written consent;
  • the User will not infringe the copyright or other intellectual property rights of any other person;
  • the User will not engage in spamming or other conduct involving the sending of bulk electronic or unsolicited communications, emails etc.;
  • the User will not use any automated systems to harvest, access or analyse any information or content from the Site;
  • the User will not distribute viruses or any other technology that may harm the Site or other Users of the Site and other customers of the Company;
  • the User will not copy, reproduce, modify or create derivative works of the Site without the Company’s prior written consent;
  • the User will not interfere or attempt to interfere with the orderly working of the Site;
  • the User will comply with all Applicable Laws; and
  • the User will not copy, modify or distribute rights or content from the Site trademarks and copyright of the Company.
  • Where, in the Company’s opinion, the User has breached these Terms and Conditions and the User’s actions in using the Site may cause loss or damage to other Users, Customers, third parties, the Company; and/or any information of such User is inappropriate or offensive; or the Company is unable to verify the User’s identity or any information the User has provided, the Company may in its sole discretion:
  • restrict or temporarily or indefinitely suspend the Account of the User;
  • terminate the Account of the User;
  • may prohibit the User from using/accessing the Site in the future.
  • If any such User commits any of the wrongful action as mentioned in Clause 13 above, the Company shall have all the right to take legal action against such wrongdoing User in accordance with the Applicable Laws and/or seek remedy under Applicable Laws, equity and under these Terms and Conditions.

Responsibilities of the User

  • The User acknowledges and undertakes to access the Site and transact at his/her own risk and shall use his/her best and prudent judgment before entering into any transactions through the Site.
  • The User shall not engage in activities that could harm or potentially harm the Site, the Company, its employees, officers, representatives, stakeholders or any other party directly or indirectly associated with the Company or access to it to be interrupted, damaged or impaired in any way.
  • The User shall be responsible for all electronic communications and content sent from their device to the Site and the Company;
  • The User shall use the Site for lawful purposes only.
  • The User shall be strictly prohibited from using the Site for fraudulent purposes, or in connection with a criminal offense or other unlawful activity. Any suspected unlawful or fraudulent activity will result in immediate cancellation of the Account and/or may also result in legal action by the Company.
  • The User shall be responsible for maintaining the confidentiality of the details of their Account. The User shall ensure that the Account and its related details are maintained securely at all times and all necessary steps are taken to prevent misuse thereof. The User shall inform the Company immediately if there is reason to believe that the password to the Account has become known to any third party, or if the password is being, or is likely to be, used in an unauthorized manner.
  • The User is under an obligation to ensure that the information provided to the Company is correct and complete at all times. The User shall update details in their Account regularly. The Company may at any time, at its sole and absolute discretion, request updating of information to any User.
  • The User shall not use any false information to access the Site or impersonate others or otherwise mislead the Company or third parties in any way whatsoever.
  • The User shall be bound to comply with the Terms and Conditions, despite having ordered the Goods for any third persons.
  1. THE GOODS
  • The list of products and/or Goods displayed on the Site is subject to change from time to time.
  • Any description given or attached to the Goods is provided solely for the purpose of identification, and its use does not constitute a sale by description. For the avoidance of doubt, the Customer declares that in order to place any order, it does not depend on any description in any way. All implied terms, conditions, and warranties as to the Goods’ conformity to any description, its satisfactory quality, or its fitness for any purpose whatsoever (whether known to the Company or not) are hereby excluded.
  • The Company reserves the right to change the price, details, description etc. of the Goods at any time without prior notice to Customers.
  • It should be noted that certain Goods may be suitable for certain age-ranges only and certain Goods may contain allergens in the preparation thereof. The Customer shall check that the Goods being ordered are suitable for the intended recipient.

 

  • The Customer may inspect and verify the Goods before receiving the delivery. Once the Customer receives the Goods, such order cannot be cancelled and/or Goods cannot be returned by the Customer.
  • The Company reserves the right, but not the obligation, to limit the Goods sales to any individual, geographic location, or jurisdiction. On a case-by-case basis, the Company may exercise such power.
  • The Company shall have all the right to limit the number of Goods to be purchased by any Customer at any time.
  • The Company shall have all the right to discontinue any product and/or Goods at any time.
  • The Company does not make any warranties or representations to the Customer as to the specifics of the Goods listed in the Site (such as quality, value, saleability, etc.), whether express or implied, and hereby specifically disclaims any implied warranties or conditions.
  1. PLACING ORDERS
  • Any order placed by the Customer shall be subject to product availability, delivery capacity and acceptance by the Company. The availability information for Goods shall be available on the Site. The availability of the Goods may vary at the time of shipment and are not guaranteed by the Company.
  • The Customer may place an order on the Site through their Accounts by selecting and adding Goods to the Cart. The Customer may place an order by way of following the onscreen instructions on the Site.
  • The Customer shall be required to fulfill a minimum order value of BDT
  • The Customer shall be required to provide a valid phone number and/or Contact Information while placing an order on the Site.
  • The order placed by the Customer shall be considered a legal offer from the Customer’s side. The placement of order generally contains the price of the Goods, the delivery fees, and The Customer shall be bound to review and confirm that all the information of an order, including the amounts, delivery details, Contact Information, payment information are true, accurate and complete before placing an order.
  • If available to the Site, the Customer may provide special requests/instructions for an order which the Company shall reasonably endeavour to comply thereto. If the Company is unable to comply with such special requests/instructions, it shall proceed with the order in accordance with the standard operating procedures.
  • Confirmation of any order is subject to the sole and absolute discretion of the Company. Upon placing an order in the Site by the Customer, the order shall have to be accepted by the Company before it is confirmed.
  • Upon accepting the order, the Company may send the Customer a Confirmation Notice in relation to the order.
  • The Confirmation Notice may contain delivery details including the price, delivery time slot specified by the Company or chosen by the Customer, details of the Goods etc. The Customer must inform the Company immediately if any such details are incorrect.
  • The receipt of a Confirmation Notice by the Customer does not imply that the Company shall be able to fulfill the order. Upon sending the Confirmation Notice, the Company shall review the availability of the Goods and delivery capacity and may further contact the Customer with regards thereto.
  • Upon placing the order, the Site may indicate an approximate timeline for processing the order and delivery of the Goods. However, the Company cannot guarantee this timeline to be precise in every instance.
  1. PRICES AND PAYMENT
  • The Customer may choose to make the payments for the Goods using Digital Payment Methods or by cash. All payments shall be made in compliance with the Applicable Laws.
  • All prices on the Site are listed in BDT.
  • In case of any errors of pricing in the Site, the Company, at its own discretion, may contact the Customer for instructions or cancel the order upon notifying the Customer. If such cancellation occurs on any paid order, the amount paid shall be refunded as per the refund policy as envisaged under these Terms and Conditions.
  • If the Customer opts to make the payment by using any Digital Payment Methods, the Company shall not be responsible in any manner whatsoever for any non-payment and/or any error in this regard. This shall be solely between the Customer and the relevant Digital Payment Method service provider.
  • The Company reserves the right to cancel an order which may be suspected to be at risk of fraudulent use of Digital Payment Methods or other reasons, without prior notice to the Customer or any subsequent legal liability.
  • The Customer shall be responsible for paying for the Goods and all costs/charges associated with the purchase of Goods from the Site, and the Customer agrees to bear any and all applicable taxes as per the Applicable Laws.
  • The Customer will not have title to the Goods until the Company has received full payment for the order placed by the Customer.
  1. DELIVERY OF GOODS
  • The minimum time required for delivery shall be
  • All deliveries shall be made between 10:00 AM and 10:00 PM (Bangladesh Time) to avoid the Customer’s inconvenience.
  • The Company will deliver and/or arrange for delivery of the Goods to the delivery address provided by the Customer. Delivery of the Goods shall be completed on the Goods’ arrival at the delivery location/designated address provided by the Customer.
  • The Company may use a third-party courier or deliver services or the Company may use its own resources for the delivery of the Goods.
  • The Company shall make all the reasonable efforts to ensure that each delivery of the Goods is accompanied by a delivery note which shows the reasonable details of the Goods, information of the Customer as a buyer, price of the Goods etc.
  • The Company shall not be liable for any delay in delivery for any reason whatsoever.
  • Partial delivery instructions from the Customers shall not be accepted by the Company.
  • The cost of the delivery shall be generally be borne by the Customer. However, this may in Company’s absolute discretion be changed on the basis of promotional offer, nature of the Goods, weight, delivery location etc.
  • Notwithstanding any other provision of these Terms and Conditions to the contrary, nothing herein shall require the Company to make any delivery that it reasonably believes will constitute a violation of Applicable Law
  • The Customer shall be responsible for unloading the Goods once the Goods reaches the delivery location as designated by the Customer. If any damage/loss occurs to the Goods during loading and unloading of the Goods, the Company shall take no responsibility in this regard.
  1. CANCELLATION, RETURN, AND REFUND POLICY

Cancellation Policy

  • The Company shall have the right to cancel any order at its sole discretion at any time and for any reason whatsoever (including but not limited to the Goods being mispriced in the Site, out of stock, expired, defective, and containing incorrect information or description arising out of technical or typographical error or for any other reason).
  • Notwithstanding anything contained in this Terms and Conditions to the contrary, if for any reason the Company is unable to deliver any Goods and/or complete any order, the Customer hereby agrees that the Company may cancel the order, in which case the Company’s only liability shall be to return any monies actually paid by the Customer.

Return Policy

 

  • Since the Goods fall within the ambit of perishable items, these are not returnable after delivery which is received and accepted by the Customer.
  • The Customer shall cross-check each and every item while the delivery man/personnel is present at the Customer’s premises or at the designated delivery address. Any claim regarding replacement or return or refund issue should be made to the Company during the delivery man/personnel physically present at the designated delivery address. Once the delivery man/personnel leaves the Customer’s premises or delivery location as designated by the Customer, no claim of the Customers will be entertained by the Company.

 

  • The following reasons may be considered to be a valid reason for returning the Goods:

 

  • The delivered Goods are damaged or defective (e., expired, inedible or physically destroyed)

 

  • The delivered Goods are incomplete (e., missing items)

 

  • The delivered Goods are incorrect (e., wrong product/quantity)

 

  • The delivered Goods do not match the product description or picture in the Site (e., not as advertised)

 

  • Certain Goods marked as non-returnable in the Site shall not be eligible for return.

 

  • The Goods shall only be valid for return if it is unused and includes the original packaging.

 

  • If the returned item does not meet the above requirements, the Company reserves the right to reject any request for a refund.

 

Refund Policy

 

  • If the Goods is damaged, defective, incorrect or incomplete, the Customer may refuse to accept the delivery of the order and ask for a refund if payment is made beforehand. In case of ‘cash on delivery’, no refund is applicable since no payment is made on the Customer’s behalf. The Customer has only option to refuse to receive the delivery of the order and refuse to make the payment accordingly.

 

  • If the Customer has made pre-payment/advance payment against an order, and if the Goods is/are not available in stock, the Company will offer the Customer product replacement options within the same price range/similar products. If for any reason, the Customer declines to take product replacements, then the order will be cancelled and the Company will commence the refund process.

 

  • The refund shall be made through the same medium through which the Customer made the payment within 10 (ten) working days of commencing the refund process. However, it may take longer time in exceptional circumstances.
  • The Customer shall not be refunded more than the amount paid by him/her.

 

  1. FORCE MAJEURE

 

  • The delivery may be delayed due to any event of force majeure. The Company will make all reasonable effort to notify the Customer of any delay for force majeure events.
  • The Company shall not be liable to the Customer for any delay or failure in performance under the Terms and Conditions, arising out of a cause beyond the Company’s control and without the fault or negligence of the Company. Such causes may include, but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, acts of God, acts of declared or undeclared war, acts of regulatory agencies, or national disasters, lockdown, epidemic, pandemic etc.
  • No force majeure event will relieve the Customer to make the payment to the Company in a timely manner.
  1. TERMINATION
  • In addition to any other legal or equitable remedies in favour of the Company, the Company may, without prior notice to the User, immediately terminate the Terms and Conditions or revoke any or all rights of the User granted under the Terms and Conditions.
  • Upon termination of the Terms and Conditions, the User shall immediately cease all access to and use of the Site and the Company shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to the User and deny access to and use of the Site in whole or in part.
  1. PRIVACY AND DATA PROTECTION POLICY

 

  • The Company may collect personal/identity information (personal and/or business information) of the User when the User visits the Site, register the Account, place an order, fill out any form, respond to a survey, subscribe to the newsletter and in connection with other activities, services, features or resources the Site offers.
  • The User hereby authorizes and consents to the collection and preservation of the required personal/identity information (personal and/or business information) of the User by the Company.
  • The User hereby gives unrestricted consent and legal authority to the Company to handle, share, store, access, process etc. of the User’s personal/identity information (personal and/or business information). The User grants the Company an unrestricted right to disclose to third parties of the User’s personal/identity information (personal and/or business information).
  • The Company has taken all the reasonable steps to prevent Internet fraud and ensure any data collected from the User is stored as securely and safely as possible. However, the Company cannot be held liable in this regard in any manner whatsoever.
  • The Company has established a privacy policy (available at [insert link]) that explains to the Users how their information is collected, stored, processed and used.
  1. NO WARRANTY
  • All information and materials provided by the Company on the Site or to the User “AS IS”.
  • The User acknowledges that the Company makes no representation or warranty, whether express or implied, as to the accuracy or completeness of information and material provided on the Site or to the User, and the Company disclaims any and all liability in this regard.
  • The Company does not warrant that the functions contained in the Site shall be uninterrupted or error-free or that those defects shall be corrected or the Site or server of the Site shall be free of viruses or bugs. The Company does not warrant full functionality, accuracy or reliability of any material, the Company may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features of the Site, at any time without notice or liability.
  1. CONFIDENTIALITY

 

  • The User shall exercise every reasonable precaution necessary and appropriate to guard the confidentiality of Confidential Information, including informing its employees who handle such Confidential Information that it is confidential and not to be disclosed to others.
  • The Confidential Information is and shall at all times remain the property of the Company. No use of any Confidential Information is permitted except as otherwise provided herein and no grant under any proprietary rights is hereby given or intended, including any license implied or otherwise.
  • The User warrants that it applies reasonable safeguards against the unauthorised disclosure of Confidential Information and agrees to protect it in accordance with generally accepted standards or in the same manner and to the same degree that it protects its own confidential information, whichever is higher.
  • The User shall be liable for the actions of its consultants, officers, employees and agents who it allows access to the Confidential Information and must ensure that the consultants, officers, employees and agents will be similarly bound by the obligations created under these Terms and Conditions.

 

  1. COOKIE POLICY

 

  • The Company may use cookies and similar technologies, such as tags and pixels (“cookies”), to personalise and improve the User’s experience of using the Site and to provide the User with relevant online advertising.
  • The User can use his/her browser settings to accept or reject new cookies and to delete existing cookies as well as set up appropriate cookie setting as the user deem fit.
  • If the User chooses to disable some or all cookies, the User may not be able to make full use of the Site.
  • Unless the User expressly disables or rejects the cookies, it is hereby agreed that the User allows, accepts and agrees to all cookies that the Site uses, sends or generates.

 

  1. CACHE POLICY

 

  • The User shall not pre-fetch, retrieve, cache, index or store any content or portion of the Site with the exception of storing limited amounts of content solely to improve the performance of the Site due to network connectivity, and only if the User does so temporarily, securely, and in a manner that:
  • does not permit the use of the Site outside the scope of the Terms and Conditions;
  • is session-based only (once the browser is closed, any additional storage is prohibited);
  • does not manipulate or aggregate any content or portion of the Site;
  • does not modify or adjust the Site attribution in any way.

 

  1. THIRD-PARTY SITES AND INFORMATION

 

  • The Site may link to other sites/web platforms on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties (“Third Party Sites”).
  • These Third Party Sites may contain information or material that some people may find inappropriate.
  • These Third Party Sites and parties are not under the control of the Company, and the User acknowledges that the Company is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites/web platforms, nor is the Company responsible for errors or omissions in any references to other parties or their products and services.
  • The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the website or party by the Company, or any warranty of any kind, either express or implied.
  1. OBSCENITY AND OBJECTIONABLE CONTENT

 

  • If it appears to the User that any content on the Site violates the Applicable Laws and/or the rights of the User and/or falls within the ambit of Objectionable Content (as provided under Clause 2.1(o)), the User shall notify the Company.
  • Thereafter, the Company shall make all practical endeavours to investigate and consider to remove, block, limit the access of such Objectionable Content within a reasonable amount of time.
  1. ADVERTISEMENTS

 

  • The User hereby authorizes the Company to conduct promotional activities via e-mail, SMS, phone call or by any other mode of communications.

 

  • The Company may display adverts and promotions to the Site. The Company’s advertising methods, modes, and extent on the Site are subject to change from time to time.

 

  • The inclusion of advertisements on the Site by third parties does not imply the Company’s support of any advertised items or services. The User acknowledges and agrees that the Company is not responsible or liable for any loss or damage of any kind incurred as a consequence of any such dealings or the inclusion of such advertising on the Site.
  1. USER’S MATERIALS

Any communication or material that the User transmits to the Site or the Company, whether by electronic or other means, for any reason, will be treated as non-confidential and non-proprietary unless stated otherwise.

 

  1. INFRINGEMENTS

The User shall notify the Company in writing immediately it becomes aware of any infringements by any person or corporation of the undertakings contained in these Terms and Conditions.

 

  1. INDEMNITY

The User shall indemnify, defend and hold harmless the Company (including its employees and agents) from and against any and all claims, losses, liabilities, suits, damages, costs, charges and expenses (including but not limited to legal counsel’s fee, judgment, order, decree, fines, penalty in any form whatsoever awarded by or under the authority of any court or any regulatory body) incurred by the Company as a result of the User’s default and/or breach of the Terms and Conditions.

 

  1. LIMITATION OF LIABILITY
  • Notwithstanding anything in this Terms and Conditions to the contrary, the Company shall not be liable in any circumstances for any indirect or consequential losses (which expression shall include, but not be limited to, loss of anticipated profits, loss of savings and other economic loss) to the User under the Terms and Conditions.

 

  • The Company shall not accept any liability for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to the User or the User’s computer system via the Site.
  1. INTELLECTUAL PROPERTY

 

  • For purposes of these Terms and Conditions, “Content” is defined as any information, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by the User on the Site. This includes, but is in no way limited to, message boards, chat, and other original content.
  • By accepting these Terms and Conditions, the User acknowledges and agrees that all Content presented on the Site, whether protected by copyrights, trademarks, service marks, patents or other proprietary rights or not, is the sole property of the Company and/or its affiliates. The User is only permitted to use or get access to the Content as expressly authorized by the Company.
  • The User shall not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information or Content from the Site in any form or by any means without prior written permission from the Company, and the User is solely responsible for obtaining permission before reusing any Content or materials that is available on the Site. Any unauthorized use of the Content or materials appearing on the Site may violate copyright, trademark and other Applicable Laws and could result in criminal or civil penalties.
  • Neither the Company nor its affiliates warrant or represent that the User’s use of materials displayed on, or obtained through the Site will not infringe the rights of third parties.
  • Nothing in these Terms and Conditions grants the User any right to use any Intellectual Property, trademark, service mark, logo, and/or the name of the Company and/or its affiliates.
  • If it appears to the User that any content on the Site infringes any Intellectual Property rights, the User shall notify the Company.
  1. GOVERNING LAW

The validity, performance and all matters relating to the effect of the Terms and Conditions and any amendment hereto shall be governed by the laws of Bangladesh.

 

  1. LANGUAGE

In the event that the Terms and Conditions are translated into any other language, the English Language version hereof shall take precedence and govern.

 

  1. NOTICES AND COMMUNICATION
  • Each communication to be made hereunder shall be in writing and, unless otherwise stated, may be made by email, telex, facsimile or letter.
  • Notices required to be given by the User to the Company shall be in the English language unless expressly agreed otherwise, and shall be deemed properly served if reduced to writing and personally delivered or transmitted by registered post to the address of the Company, by email or by facsimile with confirmation receipt, and shall be effective upon receipt.
  • The Company may change the contact details and/or notification method from time to time.
  • When the User uses the Site, or contact the Company via phone or email, the User consent to receive communication from the Company. The User authorizes the Company to make communication via e-mail, SMS, phone call or by any other mode of communications. The User hereby consents to receive communications including transactional, promotional and/or commercial messages from the Company.
  1. SEVERABILITY

If any of the provisions of the Terms and Conditions becomes invalid, illegal or unenforceable in any respect under any law, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired and shall continue in full force and effect.

 

  1. WAIVERS
  • Time shall be of the essence of the Terms and Conditions. No failure to exercise nor any delay in exercising on the part of the Company any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise thereof or the exercise of any other right or remedy.
  • The rights and remedies herein provided are cumulative and not exclusive of any rights or remedies provided by law.

 

  1. COMPLIANCE WITH LAWS

The User shall be subject to and shall comply with all Applicable Laws, rules, ordinances, regulations, executive orders of Government or Governmental authority or agency having or asserting jurisdiction over the subject matter hereof, and expressed public policies.

 

  1. ASSIGNMENT AND TRANSFERS

Unless otherwise agreed by the Company in writing, the rights and obligations of the User pursuant to the provisions herein shall not be transferred to or assigned to any other entity and/or third parties.

 

  1. RELATIONSHIP

 

The performance of services by the Company to the User is in the capacity of an independent contractor. Accordingly, nothing contained in the Terms and Conditions shall be construed as establishing an employer/employee relationship, joint venture, partnership or agency relationship between the Company and the User.

  1. QUERIES AND COMPLAINTS

The Company is committed to providing a high-quality service to all the Users. If any User has any query or complaint, the user is requested to contact [insert name and/or email and/or phone].

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