Last
updated
May 08, 2024
AGREEMENT TO OUR
LEGAL TERMS
We
are Techpulse
Innovations
(
'Company', 'we', 'us', or
'our')
, a company registered in
Bangladesh
at 293/A, West High Level Road,
Lalkhan Bajar
, GPO
,
Chattagram
4000
.
We
operate the website
https://samannay.com/
(the 'Site')
, as well as any other related products and
services that refer or link to these legal terms (the
'Legal Terms') (collectively,
the 'Services').
Our integrated Point of Sale (POS), Inventory Management,
Accounting and HR modules empower businesses
of all sizes to thrive in today's competitive landscape.
You
can contact us by phone at +8801816730277, email at
support@samannay.com
,
or by mail to 293/A, West High Level Road, Lalkhan Bajar
, GPO
, Chattagram
4000
,
Bangladesh
.
These
Legal Terms constitute a legally binding agreement made between you, whether
personally or on behalf of an entity (
'you'), and Techpulse Innovations, concerning your access to and use
of the Services. You agree that by accessing the Services, you have read,
understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE
WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE
SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
We
will provide you with prior notice of any scheduled changes to the Services you are
using. The modified Legal Terms will become effective upon posting or notifying you
by support@samannay.com, as stated in the email
message. By continuing to use the Services after the effective date of any changes,
you agree to be bound by the modified terms.
The
Services are intended for users who are at least 18 years old. Persons
under the age
of 18 are not permitted to use or register for the Services.
We
recommend that you print a copy of these Legal Terms for your records.
TABLE OF CONTENTS
1. OUR
SERVICES
The information provided when using the Services is not
intended for distribution to or use by any person or entity in any jurisdiction or
country where such distribution or use would be contrary to law or regulation or
which would subject us to any registration requirement within such jurisdiction or
country. Accordingly, those persons who choose to access the Services from other
locations do so on their own initiative and are solely responsible for compliance
with local laws, if and to the extent local laws are applicable.
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We
are the owner or the licensee of all intellectual property rights in our Services,
including all source code, databases, functionality, software, website designs,
audio, video, text, photographs, and graphics in the Services (collectively, the
'Content'), as
well as the trademarks, service marks, and logos contained therein (the 'Marks').
Our
Content and Marks are protected by copyright and trademark laws (and various
other intellectual property rights and unfair competition laws) and treaties in the
United
States and around the world.
The
Content and Marks are provided in or through the Services 'AS IS' for your
personal, non-commercial use or internal
business purpose only.
Your use of our Services
Subject to your compliance with these Legal Terms,
including the '
PROHIBITED
ACTIVITIES
' section below,
we grant you a non-exclusive, non-transferable, revocable licence to:
- access the Services; and
- download or print a copy of any portion of the Content
to which you have properly gained access.
solely
for your personal, non-commercial use or
internal business purpose.
Except
as set out in this section or elsewhere in our Legal Terms, no part of the Services
and no Content or Marks may be copied, reproduced,
aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise exploited
for any commercial purpose whatsoever, without our express prior written
permission.
If
you wish to make any use of the Services, Content, or Marks other than as set out in
this section or elsewhere in our Legal Terms, please address your request to: support@samannay.com. If we ever grant you the
permission to post, reproduce, or publicly display any part of our Services or
Content, you must identify us as the owners or licensors of the Services, Content,
or Marks and ensure that any copyright or proprietary notice appears or is visible
on posting, reproducing, or displaying our Content.
We
reserve all rights not expressly granted to you in and to the Services, Content, and
Marks.
Any
breach of these Intellectual Property Rights will constitute a material breach of
our Legal Terms and your right to use our Services will terminate
immediately.
Your
submissions
Please review this section and the 'PROHIBITED ACTIVITIES
' section
carefully prior to using our Services to understand the (a) rights you give us and
(b) obligations you have when you post or upload any content through the Services.
Submissions: By directly sending us any
question, comment, suggestion, idea, feedback, or other information about the
Services ('Submissions'
), you agree to assign to us all intellectual property rights in such
Submission. You agree that we shall own this Submission and be entitled to its
unrestricted use and dissemination for any lawful purpose, commercial or otherwise,
without acknowledgment or compensation to you.
You are responsible for what you post or
upload: By sending us Submissions
through any part of the Services you:
- confirm that you have read and agree with our 'PROHIBITED
ACTIVITIES
' and will
not post, send, publish, upload, or transmit through the Services any Submission
that is illegal, harassing, hateful,
harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to
any person or group, sexually explicit, false, inaccurate, deceitful, or
misleading;
- to the extent permissible by applicable law, waive any
and all moral rights to any such Submission
;
- warrant that any such Submission are original to you or that you have the
necessary rights and licences to submit such Submissions and that you have full authority to grant us
the above-mentioned rights in relation to your Submissions; and
- warrant and represent that your Submissions do not constitute confidential
information.
You are
solely responsible for your Submissions and you
expressly agree to reimburse us for any and all losses that we may suffer because of
your breach of (a) this section, (b) any third party’s intellectual property rights, or
(c) applicable law.
By
using the Services, you represent and warrant that:
1) all registration
information you submit
will be true, accurate, current, and complete;
2) you will maintain
the accuracy of such information and promptly update such registration
information as necessary;
3) you have the legal
capacity and
you agree to comply with these Legal Terms;
4) you are not a
minor in the jurisdiction in which you reside;
5) you will not access the
Services through automated or non-human means, whether through a bot, script or
otherwise;
6) you will not use the
Services for any illegal or unauthorised purpose; and;
7) your use of the Services
will not violate any applicable law or regulation.;
If
you provide any information that is untrue, inaccurate, not current, or
incomplete, we have the right to suspend or terminate your account and
refuse any and all current or future use of the Services (or any portion
thereof).
You
may be required to register to use the Services. You agree to keep
your password confidential and will be responsible for all use of
your account and password. We reserve the right to remove, reclaim,
or change a username you select if we determine, in our sole
discretion, that such username is inappropriate, obscene, or
otherwise objectionable.
We
accept the following forms of payment:
- Mobile wallet
- Visa
- Mastercard
You
agree to provide current, complete, and accurate purchase and account information
for all purchases made via the Services. You further agree to promptly update
account and payment information, including email address, payment method, and
payment card expiration date, so that we can complete your transactions and contact
you as needed. Sales tax will be added to the price of purchases as deemed required
by us. We may change prices at any time. All payments shall be in
BDT or USD.
You
agree to pay all charges at the prices then in effect for your purchases and any
applicable shipping fees, and you authorise us to charge your chosen payment provider for any
such amounts upon placing your order. We reserve the right to correct any errors or
mistakes in pricing, even if we have already requested or received payment.
We
reserve the right to refuse any order placed through the Services. We may, in our
sole discretion, limit or cancel quantities purchased per person, per household, or
per order. These restrictions may include orders placed by or under the same
customer account, the same payment method, and/or orders that use the same billing
or shipping address. We reserve the right to limit or prohibit orders that, in our
sole judgement,
appear to be placed by dealers, resellers, or distributors.
6.
SUBSCRIPTIONS
Billing and Renewal
Your subscription will continue and
automatically renew unless cancelled. You consent to our charging your payment method on a
recurring basis without requiring your prior approval for each recurring charge,
until such time as you cancel the applicable order.
The length of your billing cycle will
depend on the type of subscription plan you choose when you subscribed to the
Services.
Free Trial
We offer a 30-day free trial
to new users who register with the Services.
The account will not be charged and the subscription will be
suspended until upgraded to a paid version at the end of the free trial.
Cancellation
You can cancel your subscription at any time by
contacting us using the contact information provided below.
Your cancellation will take effect at the end of the current paid term. If you
have any questions or are unsatisfied with our Services, please email us at support@samannay.com.
Fee Changes
We may, from time to time, make changes to the
subscription fee and will communicate any price changes to you in accordance with
applicable law.
7.
SOFTWARE
We may include software for use in connection with our
Services. If such software is accompanied by an end user licence
agreement ('EULA'
), the terms of the EULA will govern your use of the software. If such
software is not accompanied by a EULA, then we grant to you a non-exclusive,
revocable, personal, and non-transferable
licence to use such software solely in connection
with our services and in accordance with these Legal Terms. Any software and any
related documentation is provided 'AS IS' without warranty of any kind, either express or
implied, including, without limitation, the implied warranties of merchantability,
fitness for a particular purpose, or non-infringement. You accept any and all risk
arising out of use or performance of any software. You may not reproduce or
redistribute any software except in accordance with the EULA or these Legal
Terms.
You
may not access or use the Services for any purpose other than that for which we
make the Services available. The Services may not be used in connection with any
commercial endeavours except those that are specifically endorsed or
approved by us.
As
a user of the Services, you agree not to:
- Systematically
retrieve data or other content from the Services to create or
compile, directly or indirectly, a collection, compilation,
database, or directory without written permission from
us.
- Trick,
defraud, or mislead us and other users, especially
in any attempt to learn sensitive account
information such as user
passwords.
- Circumvent,
disable, or otherwise interfere with
security-related features of the Services, including
features that prevent or restrict the use or copying
of any Content or enforce limitations on the use of
the Services and/or the Content contained
therein.
- Disparage,
tarnish, or otherwise harm, in our opinion, us
and/or the
Services.
- Use
any information obtained from the Services in order
to harass, abuse, or harm another
person.
- Make
improper use of our support services or submit false
reports of abuse or
misconduct.
- Use
the Services in a manner inconsistent with any
applicable laws or
regulations.
- Engage
in unauthorised
framing of or
linking to the
Services.
- Upload
or transmit (or attempt to upload or to transmit)
viruses, Trojan horses, or other material, including
excessive use of capital letters and spamming
(continuous posting of repetitive text), that
interferes with any party’s uninterrupted use and
enjoyment of the Services or modifies, impairs,
disrupts, alters, or interferes with the use,
features, functions, operation, or maintenance of
the Services.
- Engage
in any automated use of the system, such as using
scripts to send comments or messages, or using any
data mining, robots, or similar data gathering and
extraction tools.
- Delete
the copyright or other proprietary rights notice
from any Content.
- Attempt
to impersonate another user or person or use the
username of another
user.
- Upload
or transmit (or attempt to upload or to transmit)
any material that acts as a passive or active
information collection or transmission mechanism,
including without limitation, clear graphics
interchange formats (
'gifs'), 1×1
pixels, web bugs, cookies, or other similar devices
(sometimes referred to as 'spyware' or
'passive collection mechanisms' or 'pcms'
).
- Interfere
with, disrupt, or create an undue burden on the
Services or the networks or services connected to
the Services.
- Harass,
annoy, intimidate, or threaten any of our employees
or agents engaged in providing any portion of the
Services to you.
- Attempt
to bypass any measures of the Services designed to
prevent or restrict access to the Services, or any
portion of the
Services.
- Copy
or adapt the Services' software, including but not
limited to Flash, PHP, HTML, JavaScript, or other
code.
- Except
as permitted by applicable law, decipher, decompile,
disassemble, or reverse engineer any of the software
comprising or in any way making up a part of the
Services.
- Except
as may be the result of standard search engine or
Internet browser usage, use, launch, develop, or
distribute any automated system, including without
limitation, any spider, robot, cheat utility,
scraper, or offline reader that accesses the
Services, or use or launch any unauthorised script or other
software.
- Use
a buying agent or purchasing agent to make purchases
on the Services.
- Make
any
unauthorised use of
the Services, including collecting usernames and/or
email addresses of users by electronic or other
means for the purpose of sending unsolicited email,
or creating user accounts by automated means or
under false
pretences
.
- Use
the Services as part of any effort to compete with
us or otherwise use the Services and/or the Content
for any revenue-generating endeavour or commercial
enterprise.
-
Use the Services to advertise or offer to
sell goods and services.
9. USER
GENERATED CONTRIBUTIONS
The
Services does not offer users to submit or post
content. We
may provide you with the opportunity to create,
submit, post, display, transmit, perform,
publish, distribute, or broadcast content and
materials to us or on the Services, including
but not limited to text, writings, video, audio,
photographs, graphics, comments, suggestions, or
personal information or other material
(collectively,
'Contributions'
). Contributions may be viewable by other
users of the Services and through third-party
websites.
As such, any Contributions you transmit may be
treated in accordance with the Services' Privacy
Policy.
When you create or make available any
Contributions, you thereby represent and warrant
that:
- The creation, distribution,
transmission, public display, or performance, and the accessing,
downloading, or copying of your Contributions do not and will
not infringe the proprietary rights, including but not limited
to the copyright, patent, trademark, trade secret, or moral
rights of any third party.
- You are the creator and owner of
or have the necessary
licences, rights, consents,
releases, and permissions to use and to authorise us, the Services, and other
users of the Services to use your Contributions in any manner
contemplated by the Services and these Legal
Terms.
- You have the written consent,
release, and/or permission of each and every identifiable
individual person in your Contributions to use the name or
likeness of each and every such identifiable individual person
to enable inclusion and use of your Contributions in any manner
contemplated by the Services and these Legal
Terms.
- Your Contributions are not
false, inaccurate, or misleading.
- Your Contributions are not
unsolicited or unauthorised
advertising, promotional
materials, pyramid schemes, chain letters, spam, mass mailings,
or other forms of solicitation.
- Your Contributions are not
obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise
objectionable (as determined by us).
- Your Contributions do not
ridicule, mock, disparage, intimidate, or abuse
anyone.
- Your Contributions are not used
to harass or threaten (in the legal sense of those terms) any
other person and to promote violence against a specific person
or class of people.
- Your Contributions do not
violate any applicable law, regulation, or
rule.
- Your Contributions do not
violate the privacy or publicity rights of any third
party.
- Your Contributions do not
violate any applicable law concerning child pornography, or
otherwise intended to protect the health or well-being of
minors.
- Your Contributions do not
include any offensive comments that are connected to race,
national origin, gender, sexual preference, or physical
handicap.
- Your Contributions do not
otherwise violate, or link to material that violates, any
provision of these Legal Terms, or any applicable law or
regulation.
Any
use of the Services in violation of the foregoing violates these
Legal Terms and may result in, among other things, termination or
suspension of your rights to use the Services.
You
and Services agree that we may access, store, process, and use any information
and personal data that you provide
following the terms of the Privacy Policy and your choices (including
settings).
By
submitting suggestions or other feedback regarding the Services, you agree that we
can use and share such feedback for any purpose without compensation to you.
We do not
assert any ownership over your Contributions. You retain full ownership of all of
your Contributions and any intellectual property rights or other proprietary rights
associated with your Contributions. We are not liable for any statements or
representations in your Contributions provided by you in any area on the Services.
You are solely responsible for your Contributions to the Services and you expressly
agree to exonerate us from any and all responsibility and to refrain from any legal
action against us regarding your Contributions.
11. GUIDELINES
FOR REVIEWS
We may
provide you areas on the Services to leave reviews or ratings. When posting a
review, you must comply with the following criteria: (1) you should have firsthand
experience with the person/entity being reviewed; (2) your reviews should not
contain offensive profanity, or abusive, racist, offensive, or hateful language; (3)
your reviews should not contain discriminatory references based on religion, race,
gender, national origin, age, marital status, sexual orientation, or disability; (4)
your reviews should not contain references to illegal activity; (5) you should not
be affiliated with competitors if posting negative reviews; (6) you should not make
any conclusions as to the legality of conduct; (7) you may not post any false or
misleading statements; and (8) you may not
organise a campaign encouraging others to post
reviews, whether positive or negative.
We
may accept, reject, or remove reviews in our sole discretion. We have absolutely
no obligation to screen reviews or to delete reviews, even if anyone considers
reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not
necessarily represent our opinions or the views of any of our affiliates or
partners. We do not assume liability for any review or for any claims,
liabilities, or losses resulting from any review. By posting a review, you
hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully
paid, assignable, and sublicensable right and
licence to reproduce, modify, translate,
transmit by any means, display, perform, and/or distribute all content relating
to review.
12. SERVICES
MANAGEMENT
We reserve
the right, but not the obligation, to: (1) monitor the Services for violations of these
Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion,
violates the law or these Legal Terms, including without limitation, reporting such user to
law enforcement authorities; (3) in our sole discretion and without limitation, refuse,
restrict access to, limit the availability of, or disable (to the extent technologically
feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and
without limitation, notice, or liability, to remove from the Services or otherwise disable
all files and content that are excessive in size or are in any way burdensome to our
systems; and (5) otherwise manage the Services in a manner designed to protect our rights
and property and to facilitate the proper functioning of the Services.
13. PRIVACY
POLICY
We care about
data privacy and security. Please review our Privacy Policy:
https://samannay.com/privacy-policy
. By using the Services, you agree to be bound by our Privacy
Policy, which is incorporated into these Legal Terms. Please be advised the Services are
hosted in
Bangladesh
. If you access the Services from any other region
of the world with laws or other requirements governing personal data collection, use, or
disclosure that differ from applicable laws in
Bangladesh
, then through your continued use of the Services,
you are transferring your data to
Bangladesh
, and you expressly consent to have your data
transferred to and processed in
Bangladesh
.
14. TERM
AND TERMINATION
These Legal
Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING
ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE
DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES
(INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO
REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR
COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY
TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE
YOUR ACCOUNT AND
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR
SOLE DISCRETION.
If we
terminate or suspend your account for any reason, you are prohibited from registering
and creating a new account under your name, a fake or borrowed name, or the name of any
third party, even if you may be acting on behalf of the third party. In addition to
terminating or suspending your account, we reserve the right to take appropriate legal
action, including without limitation pursuing civil, criminal, and injunctive
redress.
15. MODIFICATIONS
AND INTERRUPTIONS
We reserve
the right to change, modify, or remove the contents of the Services at any time or for
any reason at our sole discretion without notice. However, we have no obligation to
update any information on our Services. We will not
be liable to you or any third party for any modification, price change, suspension, or
discontinuance of the Services.
We cannot
guarantee the Services will be available at all times. We may experience hardware,
software, or other problems or need to perform maintenance related to the Services,
resulting in interruptions, delays, or errors. We reserve the right to change, revise,
update, suspend, discontinue, or otherwise modify the Services at any time or for any
reason without notice to you. You agree that we have no liability whatsoever for any
loss, damage, or inconvenience caused by your inability to access or use the Services
during any downtime or discontinuance of the Services. Nothing in these Legal Terms will
be construed to obligate us to maintain and support the Services or to supply any
corrections, updates, or releases in connection therewith.
16. GOVERNING
LAW
These Legal
Terms shall be governed by and defined following the laws of
Bangladesh
. Techpulse Innovations and yourself irrevocably
consent that the courts of
Bangladesh
shall have exclusive jurisdiction to resolve any dispute which may arise in
connection with these Legal Terms.
17. DISPUTE
RESOLUTION
Informal Negotiations
To expedite
resolution and control the cost of any dispute, controversy, or claim related to these
Legal Terms (each a 'Dispute' and collectively, the
'Disputes') brought by either you or us (individually, a
'Party' and collectively, the 'Parties'), the Parties agree to first attempt to negotiate any
Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such
informal negotiations commence upon written notice from one Party to the other
Party.
Binding Arbitration
Any dispute arising out of or in connection
with these Legal Terms, including any question regarding its existence, validity, or
termination, shall be referred to and finally resolved by the International Commercial
Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise,
146) according to the Rules of this ICAC, which, as a result of referring to it, is
considered as the part of this clause. The number of arbitrators shall be one (1). The seat, or legal place, or arbitration shall be
Chattagram,
Bangladesh
. The language of the proceedings shall be Bangali, English
. The governing law of these Legal Terms shall be substantive law of
Bangladesh
.
Restrictions
The Parties agree that any arbitration shall
be limited to the Dispute between the Parties individually. To the full extent permitted by
law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or
authority for any Dispute to be arbitrated on a class-action basis or to utilise class action
procedures; and (c) there is no right or authority for any Dispute to be brought in a
purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and
Arbitration
The Parties agree that the following Disputes are not
subject to the above provisions concerning informal negotiations binding arbitration: (a)
any Disputes seeking to enforce or protect, or concerning the validity of, any of the
intellectual property rights of a Party; (b) any Dispute related to, or arising from,
allegations of theft, piracy, invasion of privacy, or
unauthorised use; and (c) any claim for injunctive relief.
If this provision is found to be illegal or unenforceable, then neither Party will elect to
arbitrate any Dispute falling within that portion of this provision found to be illegal or
unenforceable and such Dispute shall be decided by a court of competent jurisdiction within
the courts listed for jurisdiction above, and the Parties agree to submit to the personal
jurisdiction of that court.
18. CORRECTIONS
There may be information on the Services that
contains typographical errors, inaccuracies, or omissions, including descriptions, pricing,
availability, and various other information. We reserve the right to correct any errors,
inaccuracies, or omissions and to change or update the information on the Services at any
time, without prior notice.
19.
DISCLAIMER
THE
SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE
SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM
ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE
THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR
REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE
CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME
NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT
AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORISED ACCESS
TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM
THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED
TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY
CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE
USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE
DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE
ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR
ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE
WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION
BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE
OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR
BEST JUDGEMENT AND
EXERCISE CAUTION WHERE APPROPRIATE.
20. LIMITATIONS
OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR
AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST
REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN
IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
21. INDEMNIFICATION
You
agree to
defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or demand, including
reasonable attorneys’ fees and expenses, made by any third party due to or
arising out of:
(1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and
warranties set forth in these Legal Terms; (4) your violation of the rights of a
third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other
user of the Services with whom you connected via the Services. Notwithstanding the
foregoing, we reserve the right, at your expense, to assume the exclusive defence and
control of any matter for which you are required to indemnify us, and you agree to
cooperate, at your expense, with our defence
of such claims. We will use reasonable efforts to
notify you of any such claim, action, or proceeding which is subject to this
indemnification upon becoming aware of it.
22. USER
DATA
We
will maintain
certain data that you transmit to the Services for the purpose of managing the
performance of the Services, as well as data relating to your use of the Services.
Although we perform regular routine backups
of data, you are solely responsible for all data that you transmit or that
relates to any activity you have undertaken using the Services. You agree
that we shall have no liability to you for any loss or corruption of any such
data, and you hereby waive any right of action against us arising from any such
loss or corruption of such data.
23. ELECTRONIC
COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting
the Services, sending us emails, and completing online forms constitute electronic
communications. You consent to receive electronic communications, and you agree that all
agreements, notices, disclosures, and other communications we provide to you
electronically, via email and on the Services, satisfy any legal requirement that such
communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES,
CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES,
AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby
waive any rights or requirements under any statutes, regulations, rules, ordinances, or
other laws in any jurisdiction which require an original signature or delivery or
retention of non-electronic records, or to payments or the granting of credits by any
means other than electronic means.
24. MISCELLANEOUS
These
Legal Terms and any policies or operating rules posted by us on the Services or in
respect to the Services constitute the entire agreement and understanding between you
and us. Our failure to exercise or enforce any right or provision of these Legal Terms
shall not operate as a waiver of such right or provision. These Legal Terms operate to
the fullest extent permissible by law. We may assign any or all of our rights and
obligations to others at any time. We shall not be responsible or liable for any loss,
damage, delay, or failure to act caused by any cause beyond our reasonable control. If
any provision or part of a provision of these Legal Terms is determined to be unlawful,
void, or unenforceable, that provision or part of the provision is deemed severable from
these Legal Terms and does not affect the validity and enforceability of any remaining
provisions. There is no joint venture, partnership, employment or agency relationship
created between you and us as a result of these Legal Terms or use of the Services. You
agree that these Legal Terms will not be construed against us by virtue of having
drafted them. You hereby waive any and all defences
you may have based on the electronic form of these
Legal Terms and the lack of signing by the parties hereto to execute these Legal
Terms.
25. CONTACT
US
In
order to resolve a complaint regarding the Services or to receive further information
regarding use of the Services, please contact us at:
Techpulse Innovations
293/A, West High Level Road, Lalkhan Bajar
GPO
, Chattagram 4000
Bangladesh
Phone:
+8801816730277
support@samannay.com