1. Account Terms
- You
must be 18 years or older or at least the age of majority in the
jurisdiction where you reside or from which you use this Service.
- To
access and use the Services, you must register for a EGoalBD account
(“Account”) by providing your full legal name, phone number, a valid email
address, and any other information indicated as required. EGoalBD may
reject your application for an Account, or cancel an existing Account, for
any reason, in their sole discretion.
- You
acknowledge that EGoalBD will use the email address you provide as the
primary method for communication.
- You
are responsible for keeping your password secure. EGoalBD cannot and will
not be liable for any loss or damage from your failure to maintain the
security of your Account and password.
- You
are responsible for all activity and content such as data, graphics,
photos and links that is uploaded under your EGoalBD Account (“Store
Content”). You must not transmit any worms or viruses or any code of a
destructive nature.
- A
breach or violation of any term in the Terms of Service as determined in
the sole discretion of EGoalBD will result in an immediate termination of
your services.
2. Account Activation
- Subject
to section 2.2, the person signing up for the Service will be the
contracting party (“Account Owner”) for the purposes of our Terms of
Service and will be the person who is authorized to use any corresponding
account we may provide to the Account Owner in connection with the
Service.
- If
you are signing up for the Service on behalf of your employer, your
employer shall be the Account Owner. If you are signing up for the Service
on behalf of your employer, then you represent and warrant that you have
the authority to bind your employer to our Terms of Service
3. General Conditions
You must read, agree with and accept all of the terms and
conditions contained in these Terms of Service and the Privacy Policy
before you may become a member of EGoalBD.
- Technical
support is only provided to paying Account holders and is only available
via email.
- The
Terms of Service shall be governed by and interpreted in accordance with
the laws of Bangladesh without regard to its conflict of law
provisions. The parties irrevocably and unconditionally submit to the
exclusive jurisdiction of the courts of Bangladesh with respect to any
dispute or claim arising out of or in connection with the Terms of
Service. The United Nations Convention on Contracts for the International
Sale of Goods will not apply to these Terms of Service and is hereby
expressly excluded.
- You
acknowledge and agree that EGoalBD may amend these Terms of Service at any
time by posting the relevant amended and restated Terms of Service on EGoalBD
website, and such amendments to the Terms of Service are effective as of
the date of posting. Your continued use of the Services after the amended
Terms of Service are posted to EGoalBD website constitutes your agreement
to, and acceptance of, the amended Terms of Service. If you do not agree
to any changes to the Terms of Service, do not continue to use the
Service.
- You
may not use the EGoalBD service for any illegal or unauthorized purpose
nor may you, in the use of the Service, violate any laws in your
jurisdiction (including but not limited to copyright laws) as well as the
laws of Bangladesh.
- You
agree not to reproduce, duplicate, copy, sell, resell or exploit any
portion of the Service, use of the Service, or access to the Service
without the express written permission by EGoalBD.
- You
shall not purchase search engine or other pay per click keywords (such as
Google AdWords), or domain names that use EGoalBD or EGoalBD trademarks
and/or variations and misspellings thereof
- You
understand that your Store Content (not including credit card
information), may be transferred unencrypted and involve (a) transmissions
over various networks; and (b) changes to conform and adapt to technical
requirements of connecting networks or devices. Credit Card information is
always encrypted during transfer over networks.
- You
acknowledge and agree that your use of the Service, including information
transmitted to or stored by EGoalBD, is governed by its privacy policy
4. EGoalBD Rights
- We
reserve the right to modify or terminate the Service for any reason,
without notice at any time.
- We
reserve the right to refuse service to anyone for any reason at any time.
- We
may, but have no obligation to, remove Store Content and Accounts
containing content that we determine in our sole discretion are unlawful,
offensive, threatening, libelous, defamatory, pornographic, obscene or
otherwise objectionable or violates any party’s intellectual property or
these Terms of Service.
- Verbal
or written abuse of any kind (including threats of abuse or retribution)
of any EGoalBD customer, EGoalBD employee, member, or officer will result
in immediate Account termination.
- EGoalBD
does not pre-screen Store Content and it is in our sole discretion to
refuse or remove any Store Content that is available via the Service.
- We
reserve the right to provide our services to your competitors and make no
promise of exclusivity in any particular market segment. You further
acknowledge and agree that EGoalBD employees and contractors may also be EGoalBD
customers/merchants and that they may compete with you, although they may
not use your confidential information in doing so.
- In
the event of a dispute regarding Account ownership, we reserve the right
to request documentation to determine or confirm Account ownership.
Documentation may include, but is not limited to, a scanned copy of your
business license, government issued photo ID, the last four digits of the
credit card on file, etc.
- EGoalBD
retains the right to determine, in our sole judgment, rightful Account
ownership and transfer an Account to the rightful owner. If we are unable
to reasonably determine the rightful Account owner, EGoalBD reserves the
right to temporarily disable an Account until resolution has been
determined between the disputing parties.
5. Limitation of Liability
- You
expressly understand and agree that EGoalBD shall not be liable for any
direct, indirect, incidental, special, consequential or exemplary damages,
- including
but not limited to, damages for loss of profits, goodwill, use, data or
other intangible losses resulting from the use of or inability to use the
service.
- In
no event shall EGoalBD or our suppliers be liable for lost profits or any
special, incidental or consequential damages arising out of or in
connection with our site, our services or these Terms of Service (however
arising including negligence). You agree to indemnify and hold us and (as
applicable) our parent, subsidiaries, affiliates, EGoalBD partners,
officers, directors, agents, and employees, harmless from any claim or
demand, including reasonable attorneys’ fees, made by any third party due
to or arising out of your breach of these Terms of Service or the
documents it incorporates by reference, or your violation of any law or
the rights of a third party.
- Your
use of the Service is at your sole risk. The Service is provided on an “as
is” and “as available” basis without any warranty or condition, express,
implied or statutory.
- EGoalBD
does not warrant that the Service will be uninterrupted, timely, secure,
or error-free.
- EGoalBD
does not warrant that the results that may be obtained from the use of the
Service will be accurate or reliable.
- EGoalBD
does not warrant that the quality of any products, services, information,
or other material purchased or obtained by you through the Service will
meet your expectations, or that any errors in the Service will be
corrected.
6. Waiver and Complete Agreement
The failure of EGoalBD to exercise or enforce any right or
provision of the Terms of Service shall not constitute a waiver of such right
or provision. The Terms of Service constitutes the entire agreement between you
and EGoalBD and govern your use of the Service, superseding any prior
agreements between you and EGoalBD (including, but not limited to, any prior
versions of the Terms of Service).
7. Intellectual Property and Customer Content
- We
do not claim any intellectual property rights over the material you
provide to the EGoalBD service. All material you upload remains yours. You
can remove your EGoalBD store at any time by deleting your Account.
- By
uploading Store Content, you agree: (a) to allow other internet users to
view your Store Content; (b) to allow EGoalBD to display and store your
Store Content; and (c) that EGoalBD can, at any time, review all the Store
Content submitted by you to its Service.
- You
retain ownership over all Store Content that you upload to a EGoalBD
store; however, by making your store public, you agree to allow others to
view your Store Content. You are responsible for compliance of Store
Content with any applicable laws or regulations.
- We
will not disclose your confidential information to third parties, except
as required in the course of providing our services. Confidential
information includes any materials or information provided by you to us
which is not publicly known. Confidential information does not include
information that: (a) was in the public domain at the time we received it;
(b) comes into the public domain after we received it through no fault of
ours; (c) we received from someone other than you without breach of our or
their confidentiality obligations; or (d) we are required by law to disclose.
8. Payment of Fees
- The
service will be billed in 30 days intervals. When your billing period is
over the Account Owner will be sent an invoice via the email provided. As
well, an invoice will appear on the Account page of your EGoalBD
administration console. Users have approximately two weeks to bring up and
settle any issues with the billing.
- All
fees are exclusive of applicable federal, provincial, state, local or
other governmental sales, goods and services, harmonized or other taxes,
fees or charges now in force or enacted in the future (“Taxes”).
- EGoalBD
does not provide refunds.
9 Cancellations and Termination
- You
may cancel your Account at any time by following the specific instructions
indicated to you in EGoalBD’s response.
- Upon
termination of the Services by either party for any reason:
- EGoalBD
will cease providing you with the Services and you will no longer be able
to access your Account;
- unless
otherwise provided in the Terms of Service, you will not be entitled to
any refunds of any fees, pro rata or otherwise;
- any
outstanding balance owed to EGoalBD for your use of the Services through
the effective date of such termination will immediately become due and
payable in full; and
- Your
store website will be taken offline.
- If
at the date of termination of the Service, there are any outstanding fees
owing by you, you will receive one final invoice via email. Once that
invoice has been paid in full, you will not be charged again.
- We
reserve the right to modify or terminate the EGoalBD Service or your
Account for any reason, without notice at any time.
- Fraud:
Without limiting any other remedies, EGoalBD may suspend or terminate your
Account if we suspect that you have engaged in fraudulent activity in
connection with the Site.
10. Modifications to the Service and Prices
- Prices
for using the Services are subject to change upon 15 days’ notice from EGoalBD.
Such notice may be provided at any time by posting the changes to the EGoalBD
or the administration menu of your EGoalBD store via an announcement.
- EGoalBD
reserves the right at any time, and from time to time, to modify or
discontinue, the Service (or any part thereof) with or without notice.
- EGoalBD
shall not be liable to you or to any third party for any modification,
price change, suspension or discontinuance of the Service.
11. Optional Tools
- EGoalBD
may provide you with access to third party tools over which EGoalBD
neither monitors nor has any control or input.
- You
acknowledge and agree that EGoalBD provides access to such tools ‘as is’
without any warranties, representations or conditions of any kind and
without any endorsement. EGoalBD shall have no liability whatsoever
arising from or relating to your use of optional third-party tools.
- Any
use by you of optional tools offered through the site is entirely at your
own risk and discretion and you should ensure that you are familiar with
and approve the terms on which tools are provided by the relevant third-party
provider(s).
- EGoalBD
strongly recommends that merchants seek specialist advice before using or
relying on certain tools.