Terms & Conditions
Terms & Conditions
Updated at 2021-09-25
General Terms
By accessing
and placing an order with , you confirm that you are in agreement with and
bound by the terms of service contained in the Terms Conditions outlined below.
These terms apply to the entire website and any email or other type of
communication between you and .
Under no
circumstances shall team be liable for any direct, indirect, special,
incidental or consequential damages, including, but not limited to, loss of
data or profit, arising out of the use, or the inability to use, the materials
on this site, even if team or an authorized representative has been advised of
the possibility of such damages. If your use of materials from this site
results in the need for servicing, repair or correction of equipment or data,
you assume any costs thereof.
will not be
responsible for any outcome that may occur during the course of usage of our
resources. We reserve the rights to change prices and revise the resources
usage policy in any moment.
License
Probaha.com.bd
grants you a revocable, non-exclusive, non- transferable, limited license to
download, install and use our service strictly in accordance with the terms of
this Agreement.
These Terms
Conditions are a contract between you and Probaha.com.bd (referred to in these
Terms Conditions as "Probaha.com.bd", "us", "we"
or "our"), the provider of the Probaha.com.bd website and the
services accessible from the Probaha.com.bd website (which are collectively
referred to in these Terms Conditions as the "Probaha.com.bd
Service").
You are
agreeing to be bound by these Terms Conditions. If you do not agree to these
Terms Conditions, please do not use the Service. In these Terms Conditions,
"you" refers both to you as an individual and to the entity you
represent. If you violate any of these Terms Conditions, we reserve the right
to cancel your account or block access to your account without notice.
Definitions and key terms
For this Terms & Conditions:
- Cookie: small amount of data generated by a website and saved by your web browser. It is used to identify your browser, provide analytics, remember information about you such as your language preference or login information.
- Company: when this policy mentions “Company,” “we,” “us,” or “our,” it refers to Probaha.com.bd, 133, Nababpur Road, Dhaka-1100, Bangladesh that is responsible for your information under this Privacy Policy.
- Country: where Probaha.com.bd or the owners/founders of Probaha.com.bd are based, in this case is Bangladesh.
- Customer: refers to the company, organization or person that signs up to use the Probaha.com.bd Service to manage the relationships with your consumers or service users.
- Device: any internet connected device such as a phone, tablet, computer or any other device that can be used to visit Probaha.com.bd and use the services.
- IP address: Every device connected to the Internet is assigned a number known as an Internet protocol (IP) address. These numbers are usually assigned in geographic blocks. An IP address can often be used to identify the location from which a device is connecting to the Internet.
- Personnel: refers to those individuals who are employed by Probaha.com.bd or are under contract to perform a service on behalf of one of the parties.
- Personal Data: any information that directly, indirectly, or in connection with other information — including a personal identification number — allows for the identification or identifiability of a natural person.
- Service: refers to the service provided by Probaha.com.bd as described in the relative terms (if available) and on this platform.
- Third-party service: refers to advertisers, contest sponsors, promotional and marketing partners, and others who provide our content or whose products or services we think may interest you.
- Website: Probaha.com.bd’s site, which can be accessed via this URL: https://probaha.com.bd.
- You: a person or entity that is registered with Probaha.com.bd to use the Services.
Restrictions
You agree not to, and you will not permit others to:
- License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the service or make the platform available to any third party.
- Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the service.
- Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of or its affiliates, partners, suppliers or the licensors of the service.
Payment
If you pay
for any of our one-time payment plans, you agree to pay all fees or charges to
your account for the Service in accordance with the fees, charges and billing
terms in effect at the time that each fee or charge is due and payable. Your
Payment Provider agreement governs your use of the designated credit card
account, and you must refer to that agreement and not these Terms to determine
your rights and liabilities with respect to your Payment Provider. By providing
us with your credit card number and associated payment information, you agree
that we are authorized to verify information immediately, and subsequently
invoice your account for all fees and charges due and payable to us hereunder
and that no additional notice or consent is required. You agree to immediately
notify us of any change in your billing address or the credit card used for
payment hereunder. We reserve the right at any time to change its prices and
billing methods, either immediately upon posting on our Site or by e-mail
delivery to your organization’s administrator(s). Any attorney fees, court
costs, or other costs incurred in collection of delinquent undisputed amounts
shall be the responsibility of and paid for by you. No contract will exist
between you and us for the Service until we accept your order by a confirmatory
e-mail, SMS/MMS message, or other appropriate means of communication. You are
responsible for any third-party fees that you may incur when using the Service.
Return and Refund Policy
Thanks for
shopping with us. We appreciate the fact that you like to buy the stuff we
build. We also want to make sure you have a rewarding experience while you’re
exploring, evaluating, and purchasing our products.
As with any
shopping experience, there are terms and conditions that apply to transactions
at our company. We’ll be as brief as our attorneys will allow. The main thing
to remember is that by placing an order or making a purchase from us, you agree
to the terms along with our Privacy Policy.
If, for any
reason, You are not completely satisfied with any good or service that we
provide, don't hesitate to contact us and we will discuss any of the issues you
are going through with our product.
Your Suggestions
Any feedback,
comments, ideas, improvements or suggestions (collectively,
"Suggestions") provided by you to us with respect to the service
shall remain the sole and exclusive property of us. We shall be free to use,
copy, modify, publish, or redistribute the Suggestions for any purpose and in
any way without any credit or any compensation to you.
Your Consent
We've
updated our Terms & Conditions to provide you with complete transparency
into what is being set when you visit our site and how it's being used. By
using our service, registering an account, or making a purchase, you hereby
consent to our Terms & Conditions.
Links to Other Websites
Our service
may contain links to other websites that are not operated by Us. If You click
on a third party link, You will be directed to that third party's site. We
strongly advise You to review the Terms & Conditions of every site You
visit. We have no control over and assume no responsibility for the content,
Terms & Conditions or practices of any third party sites or services.
Cookies
We use
"Cookies" to identify the areas of our website that you have visited.
A Cookie is a small piece of data stored on your computer or mobile device by
your web browser. We use Cookies to enhance the performance and functionality
of our service but are non-essential to their use. However, without these
cookies, certain functionality like videos may become unavailable or you would
be required to enter your login details every time you visit our platform as we
would not be able to remember that you had logged in previously. Most web
browsers can be set to disable the use of Cookies. However, if you disable
Cookies, you may not be able to access functionality on our website correctly
or at all. We never place Personally Identifiable Information in Cookies.
Changes To Our Terms &
Conditions
You
acknowledge and agree that we may stop (permanently or temporarily) providing
the Service (or any features within the Service) to you or to users generally
at our sole discretion, without prior notice to you. You may stop using the
Service at any time. You do not need to specifically inform us when you stop
using the Service. You acknowledge and agree that if we disable access to your
account, you may be prevented from accessing the Service, your account details
or any files or other materials which is contained in your account. If we
decide to change our Terms & Conditions, we will post those changes on this
page, and/or update the Terms & Conditions modification date below.
Modifications to Our service
We may from
time to time provide enhancements or improvements to the features/
functionality of the service, which may include patches, bug fixes, updates,
upgrades and other modifications ("Updates"). Updates may modify or
delete certain features and/or functionalities of the service. You agree that
we have no obligation to (i) provide any Updates, or (ii) continue to provide
or enable any particular features and/or functionalities of the service to you.
You further agree that all Updates will be (i) deemed to constitute an integral
part of the service, and (ii) subject to the terms and conditions of this
Agreement.
Third-Party Services
We may
display, include or make available third-party content (including data,
information, applications and other products services) or provide links to
third-party websites or services ("Third- Party Services"). You
acknowledge and agree that we shall not be responsible for any Third-Party
Services, including their accuracy, completeness, timeliness, validity,
copyright compliance, legality, decency, quality or any other aspect thereof.
We do not assume and shall not have any liability or responsibility to you or
any other person or entity for any Third-Party Services. Third-Party Services
and links thereto are provided solely as a convenience to you and you access
and use them entirely at your own risk and subject to such third parties' terms
and conditions.
Term and Termination
This
Agreement shall remain in effect until terminated by you or us. We may, in its
sole discretion, at any time and for any or no reason, suspend or terminate
this Agreement with or without prior notice. This Agreement will terminate
immediately, without prior notice from us, in the event that you fail to comply
with any provision of this Agreement. You may also terminate this Agreement by
deleting the service and all copies thereof from your computer. Upon
termination of this Agreement, you shall cease all use of the service and
delete all copies of the service from your computer. Termination of this
Agreement will not limit any of our rights or remedies at law or in equity in
case of breach by you (during the term of this Agreement) of any of your
obligations under the present Agreement.
Term and Termination
If you are a
copyright owner or such owner’s agent and believe any material from us
constitutes an infringement on your copyright, please contact us setting forth the
following information: (a) a physical or electronic signature of the copyright
owner or a person authorized to act on his behalf; (b) identification of the
material that is claimed to be infringing; (c) your contact information,
including your address, telephone number, and an email; (d) a statement by you
that you have a good faith belief that use of the material is not authorized by
the copyright owners; and (e) the a statement that the information in the
notification is accurate, and, under penalty of perjury you are authorized to
act on behalf of the owner.
Indemnification
You agree to
indemnify and hold us and our parents, subsidiaries, affiliates, officers,
employees, agents, partners and licensors (if any) harmless from any claim or
demand, including reasonable attorneys' fees, due to or arising out of your:
(a) use of the service; (b) violation of this Agreement or any law or
regulation; or (c) violation of any right of a third party.
No Warranties
The service
is provided to you "AS IS" and "AS AVAILABLE" and with all
faults and defects without warranty of any kind. To the maximum extent
permitted under applicable law, we, on our own behalf and on behalf of our
affiliates and our respective licensors and service providers, expressly disclaims
all warranties, whether express, implied, statutory or otherwise, with respect
to the service, including all implied warranties of merchantability, fitness
for a particular purpose, title and non- infringement, and warranties that may
arise out of course of dealing, course of performance, usage or trade practice.
Without limitation to the foregoing, we provide no warranty or undertaking, and
makes no representation of any kind that the service will meet your
requirements, achieve any intended results, be compatible or work with any
other software, websites, systems or services, operate without interruption,
meet any performance or reliability standards or be error free or that any
errors or defects can or will be corrected.
Without
limiting the foregoing, neither us nor any provider makes any representation or
warranty of any kind, express or implied: (i) as to the operation or
availability of the service, or the information, content, and materials or
products included thereon; (ii) that the service will be uninterrupted or
error-free; (iii) as to the accuracy, reliability, or currency of any
information or content provided through the service; or (iv) that the service,
its servers, the content, or e-mails sent from or on behalf of us are free of
viruses, scripts, trojan horses, worms, malware, timebombs or other harmful
components. Some jurisdictions do not allow the exclusion of or limitations on
implied warranties or the limitations on the applicable statutory rights of a
consumer, so some or all of the above exclusions and limitations may not apply
to you.
Limitation of Liability
Notwithstanding
any damages that you might incur, the entire liability of us and any of our
suppliers under any provision of this Agreement and your exclusive remedy for
all of the foregoing shall be limited to the amount actually paid by you for
the service. To the maximum extent permitted by applicable law, in no event
shall we or our suppliers be liable for any special, incidental, indirect, or
consequential damages whatsoever (including, but not limited to, damages for
loss of profits, for loss of data or other information, for business
interruption, for personal injury, for loss of privacy arising out of or in any
way related to the use of or inability to use the service, third-party software
and/or third-party hardware used with the service, or otherwise in connection
with any provision of this Agreement), even if we or any supplier has been
advised of the possibility of such damages and even if the remedy fails of its
essential purpose. Some states/jurisdictions do not allow the exclusion or
limitation of incidental or consequential damages, so the above limitation or
exclusion may not apply to you.
Severability
If any
provision of this Agreement is held to be unenforceable or invalid, such
provision will be changed and interpreted to accomplish the objectives of such
provision to the greatest extent possible under applicable law and the
remaining provisions will continue in full force and effect.
This
Agreement, together with the Privacy Policy and any other legal notices
published by us on the Services, shall constitute the entire agreement between
you and us concerning the Services. If any provision of this Agreement is
deemed invalid by a court of competent jurisdiction, the invalidity of such
provision shall not affect the validity of the remaining provisions of this
Agreement, which shall remain in full force and effect. No waiver of any term
of this Agreement shall be deemed a further or continuing waiver of such term or
any other term, and our failure to assert any right or provision under this
Agreement shall not constitute a waiver of such right or provision. YOU AND US
AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST
COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH
CAUSE OF ACTION IS PERMANENTLY BARRED.
Waiver
Except as
provided herein, the failure to exercise a right or to require performance of
an obligation under this Agreement shall not effect a party's ability to
exercise such right or require such performance at any time thereafter nor
shall be the waiver of a breach constitute waiver of any subsequent breach.
No failure
to exercise, and no delay in exercising, on the part of either party, any right
or any power under this Agreement shall operate as a waiver of that right or
power. Nor shall any single or partial exercise of any right or power under
this Agreement preclude further exercise of that or any other right granted
herein. In the event of a conflict between this Agreement and any applicable
purchase or other terms, the terms of this Agreement shall govern.
Amendments to this Agreement
We reserve
the right, at its sole discretion, to modify or replace this Agreement at any
time. If a revision is material we will provide at least 30 days' notice prior
to any new terms taking effect. What constitutes a material change will be
determined at our sole discretion. By continuing to access or use our service
after any revisions become effective, you agree to be bound by the revised
terms. If you do not agree to the new terms, you are no longer authorized to
use our service.
Entire Agreement
The
Agreement constitutes the entire agreement between you and us regarding your
use of the service and supersedes all prior and contemporaneous written or oral
agreements between you and us. You may be subject to additional terms and
conditions that apply when you use or purchase other services from us, which we
will provide to you at the time of such use or purchase.
Updates to Our Terms
We may
change our Service and policies, and we may need to make changes to these Terms
so that they accurately reflect our Service and policies. Unless otherwise
required by law, we will notify you (for example, through our Service) before
we make changes to these Terms and give you an opportunity to review them
before they go into effect. Then, if you continue to use the Service, you will
be bound by the updated Terms. If you do not want to agree to these or any
updated Terms, you can delete your account.
Intellectual Property
Our platform
and its entire contents, features and functionality (including but not limited
to all information, software, text, displays, images, video and audio, and the
design, selection and arrangement thereof), are owned by us, its licensors or
other providers of such material and are protected by and international copyright, trademark,
patent, trade secret and other intellectual property or proprietary rights
laws. The material may not be copied, modified, reproduced, downloaded or
distributed in any way, in whole or in part, without the express prior written
permission of us, unless and except as is expressly provided in these Terms
& Conditions. Any unauthorized use of the material is prohibited.
Agreement to Arbitrate
This section
applies to any dispute EXCEPT IT DOESN’T INCLUDE A DISPUTE RELATING TO CLAIMS
FOR INJUNCTIVE OR EQUITABLE RELIEF REGARDING THE ENFORCEMENT OR VALIDITY OF
YOUR OR ’s INTELLECTUAL PROPERTY RIGHTS. The term “dispute” means any dispute,
action, or other controversy between you and us concerning the Services or this
agreement, whether in contract, warranty, tort, statute, regulation, ordinance,
or any other legal or equitable basis. “Dispute” will be given the broadest
possible meaning allowable under law.
Notice of Dispute
In the event
of a dispute, you or us must give the other a Notice of Dispute, which is a
written statement that sets forth the name, address, and contact information of
the party giving it, the facts giving rise to the dispute, and the relief
requested. You must send any Notice of Dispute via email to: . We will send any
Notice of Dispute to you by mail to your address if we have it, or otherwise to
your email address. You
and us will attempt to resolve any dispute through informal negotiation within
sixty (60) days from the date the Notice of Dispute is sent. After sixty (60)
days, you or us may commence arbitration.
Binding Arbitration
If you and
us don’t resolve any dispute by informal negotiation, any other effort to
resolve the dispute will be conducted exclusively by binding arbitration as
described in this section. You are giving up the right to litigate (or
participate in as a party or class member) all disputes in court before a judge
or jury. The dispute shall be settled by binding arbitration in accordance with
the commercial arbitration rules of the American Arbitration Association.
Either party may seek any interim or preliminary injunctive relief from any
court of competent jurisdiction, as necessary to protect the party’s rights or
property pending the completion of arbitration. Any and all legal, accounting,
and other costs, fees, and expenses incurred by the prevailing party shall be borne
by the non-prevailing party.
Submissions and Privacy
In the event
that you submit or post any ideas, creative suggestions, designs, photographs,
information, advertisements, data or proposals, including ideas for new or
improved products, services, features, technologies or promotions, you
expressly agree that such submissions will automatically be treated as non-
confidential and non-proprietary and will become the sole property of us
without any compensation or credit to you whatsoever. We and our affiliates
shall have no obligations with respect to such submissions or posts and may use
the ideas contained in such submissions or posts for any purposes in any medium
in perpetuity, including, but not limited to, developing, manufacturing, and
marketing products and services using such ideas.
Promotions
We may, from
time to time, include contests, promotions, sweepstakes, or other activities
(“Promotions”) that require you to submit material or information concerning
yourself. Please note that all Promotions may be governed by separate rules
that may contain certain eligibility requirements, such as restrictions as to
age and geographic location. You are responsible to read all Promotions rules
to determine whether or not you are eligible to participate. If you enter any
Promotion, you agree to abide by and to comply with all Promotions Rules.
Additional terms and conditions may apply to purchases of goods or services on
or through the Services, which terms and conditions are made a part of this
Agreement by this reference.
Typographical Errors
In the event
a product and/or service is listed at an incorrect price or with incorrect
information due to typographical error, we shall have the right to refuse or
cancel any orders placed for the product and/ or service listed at the
incorrect price. We shall have the right to refuse or cancel any such order
whether or not the order has been confirmed and your credit card charged. If
your credit card has already been charged for the purchase and your order is canceled,
we shall immediately issue a credit to your credit card account or other
payment account in the amount of the charge.
Miscellaneous
If for any
reason a court of competent jurisdiction finds any provision or portion of
these Terms & Conditions to be unenforceable, the remainder of these Terms
& Conditions will continue in full force and effect. Any waiver of any
provision of these Terms & Conditions will be effective only if in writing
and signed by an authorized representative of us. We will be entitled to
injunctive or other equitable relief (without the obligations of posting any
bond or surety) in the event of any breach or anticipatory breach by you. We
operate and control our Service from our offices in . The Service 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. Accordingly, those persons who choose to access our Service 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.
These Terms & Conditions (which include and incorporate our Privacy Policy)
contains the entire understanding, and supersedes all prior understandings,
between you and us concerning its subject matter, and cannot be changed or
modified by you. The section headings used in this Agreement are for
convenience only and will not be given any legal import.
Disclaimer
We are not
responsible for any content, code or any other imprecision. We do not provide
warranties or guarantees. In no event shall we be liable for any special,
direct, indirect, consequential, or incidental damages or any damages
whatsoever, whether in an action of contract, negligence or other tort, arising
out of or in connection with the use of the Service or the contents of the
Service. We reserve the right to make additions, deletions, or modifications to
the contents on the Service at any time without prior notice
Our Service and its contents are provided
"as is" and "as available" without any warranty or
representations of any kind, whether express or implied. We are a distributor
and not a publisher of the content supplied by third parties; as such, our
exercises no editorial control over such content and makes no warranty or
representation as to the accuracy, reliability or currency of any information,
content, service or merchandise provided through or accessible via our Service.
Without limiting the foregoing, We specifically disclaim all warranties and
representations in any content transmitted on or in connection with our Service
or on sites that may appear as links on our Service, or in the products
provided as a part of, or otherwise in connection with, our Service, including
without limitation any warranties of merchantability, fitness for a particular
purpose or non-infringement of third party rights. No oral advice or written
information given by us or any of its affiliates, employees, officers,
directors, agents, or the like will create a warranty. Price and availability
information is subject to change without notice. Without limiting the
foregoing, we do not warrant that our Service will be uninterrupted,
uncorrupted, timely, or error-free.
Contact Us
Don't
hesitate to contact us if you have any questions.
·
Via
Email: info@probaha.com.bd
·
Via
Phone Number: 01886776224
·
Via
this Link: https://probaha.com.bd
·
Via
this Address: 133, Nababpur Road, Dhaka-1100, Bangladesh