1. Terms and condition Agreement
1.1 Please be mentioned all the Terms and
Conditions constitute a legally binding agreement made between you, whether
personally and Gamo Tech BD, located at Shop-20, level-5(4th Floor) Mirpur DOHS
Shopping Complex, Mirpur Dhaka-1216, Bangladesh (we, us), concerning your access to
and use of the GAMO TECH (http://gamotech.com.bd) website as well as any
related applications (the Site /or application).
The Site provides the
following services. You agree that by accessing the Site and/or Services, you
have read, understood, and agree to be bound by all of these Terms and
Conditions.
If you do not agree with all
of these Terms and Conditions, then you are prohibited from using the Site and
Services and you must discontinue immediately. We recommend that you print a
copy of these Terms and Conditions for future reference.
1.2 The supplemental policies set out in Section
1.7 below, as well as any supplemental terms and condition or documents that
may be posted on the Site from time to time, are expressly incorporated by
reference.
1.3 We may make changes to these Terms and
Conditions at any time. The updated version of these Terms and Conditions will
be indicated by an updated “Revised†Date and the updated version will be
effective as soon as it is accessible. You are responsible for reviewing these
Terms and Conditions to stay informed of updates. Your continued use of the
Site represents that you have accepted such changes.
1.4 We may update or change the Site from time to
time to reflect changes to our products, our users' needs and/or our business
priorities
1.5 Our site is directed to people residing in Bangladesh
and across the country. The information provided on the Site 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.
1.6 The Site is intended for users who are at
least 18 years old. If you are under the
age of 18, you are not permitted to register for the Site or use the Services
without parental permission.
1.7 Additional policies which also apply to your
use of the Site include:
â— Our Privacy Notice https://www.gamotech.com.bd/privacy_and_policy,
which sets out the terms on which we process any personal data we collect from
you, or that you provide to us. By using the Site, you consent to such
processing and you warrant that all data provided by you is accurate.
â— Our Cookie Policy https://gamotech.com.bd/privacy_and_policy,
which sets out information about the cookies on the Site.
2. Acceptable Use
2.1 You may not access or use the Site for any
purpose other than that for which we make the site and our services available.
The Site may not be used in connection with any commercial endeavors except
those that are specifically endorsed or approved by us.
2.2 As a user of this Site, you agree not to:
â— systematically retrieve data
or other content from the Site to a compile database or directory without
written permission from us
â— Make any unauthorized use of
the Site, including collecting usernames and/or email addresses of users to
send unsolicited email or creating user accounts under false pretenses
â— Use the Site to advertise or
sell goods and services
â— 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
â— Make improper use of our
support services, or submit false reports of abuse or misconduct
â— Attempt to impersonate
another user or person, or use the username of another user
â— Sell or otherwise transfer
your profile
â— Use any information obtained
from the Site in order to harass, abuse, or harm another person
â— Use the Site or our content
as part of any effort to compete with us or to create a revenue-generating
endeavor or commercial enterprise
â— Decipher, decompile,
disassemble, or reverse engineer any of the software comprising or in any way
making up a part of the Site
â— Attempt to access any
portions of the Site that you are restricted from accessing
â— Harass, annoy, intimidate,
or threaten any of our employees, agents, or other users
â— Delete the copyright or
other proprietary rights notice from any of the content
◠Copy or adapt the Site’s
software, including but not limited to Flash, PHP, HTML, JavaScript, or other
code
â— Upload or transmit (or
attempt to upload or to transmit) viruses, Trojan horses, or other material
that interferes with any party’s uninterrupted use and enjoyment of the Site,
or any material that acts as a passive or active information collection or
transmission mechanism
â— Use, launch, or engage in
any automated use of the system, such as using scripts to send comments or
messages, robots, scrapers, offline readers, or similar data gathering and
extraction tools
â— Disparage, tarnish, or
otherwise harm, in our opinion, us and/or the Site
â— Use the Site in a manner
inconsistent with any applicable laws or regulations
â— Threaten users with negative
feedback or offering services solely to give positive feedback to users
â— Misrepresent experience,
skills, or information about a User
â— Advertise products or
services not intended by us
â— Falsely imply a relationship
with us or another company with whom you do not have a relationship
3. Information you provide to us
3.1 You represent and warrant that: (a) all
registration information you submit will be true, accurate, current, and
complete and relate to you and not a third party; (b) you will maintain the
accuracy of such information and promptly update such information as necessary;
(c) you will keep your password confidential and will be responsible for all
use of your password and account; (d) you have the legal capacity and you agree
to comply with these Terms and Conditions; and (e) you are not a minor in the
jurisdiction in which you reside, or if a minor, you have received parental
permission to use the Site.
If you know or suspect that
anyone other than you knows your user information (such as an identification
code or user name) and/or password you must promptly notify us at gamotechbd@gmail.com
3.2 If you provide any information that is
untrue, inaccurate, not current or incomplete, we may suspend or terminate your
account. We may remove or change a user name you select if we determine that
such user name is inappropriate.
4. Content you provide to us
4.1 There may be opportunities for you to post
content to the Site or send feedback to us (User Content). You understand and
agree that your User Content may be viewed by other users on the Site, and that
they may be able to see who has posted that User Content.
4.2 In posting User Content, including reviews or
making contact with other users of the Site you shall comply with our Acceptable
Use Policy.
4.3 You warrant that any User Content does comply
with our Acceptable Use Policy, and you will be liable to us and indemnify us
for any breach of that warranty. This means you will be responsible for any
loss or damage we suffer as a result of your breach of this warranty.
4.4 We have the right to remove any User Content
you put on the Site if, in our opinion, such User Content does not comply with
the Acceptable Use Policy.
4.5 We are not responsible and accept no
liability for any User Content including any such content that contains
incorrect information or is defamatory or loss of User Content. We accept no
obligation to screen, edit or monitor any User Content but we reserve the right
to remove, screen and/or edit any User Content without notice and at any time.
User Content has not been verified or approved by us and the views expressed by
other users on the Site do not represent our views or values
4.6 If you wish to complain about User Content
uploaded by other users please contact us at gamotechbd@gmail.com
5. Our content
5.1 Unless otherwise indicated, the Site and
Services including source code, databases, functionality, software, website
designs, audio, video, text, photographs, and graphics on the Site (Our
Content) are owned or licensed to us, and are protected by copyright and trade
mark laws.
5.2 Except as expressly provided in these Terms
and Conditions, no part of the Site, Services or Our Content 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.
5.3 Provided that you are
eligible to use the Site, you are granted a limited license to access and use
the Site and Our Content and to 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.
5.4 You shall not (a) try to gain unauthorized
access to the Site or any networks, servers or computer systems connected to
the Site; and/or (b) make for any purpose including error correction, any
modifications, adaptions, additions or enhancements to the Site or Our Content,
including the modification of the paper or digital copies you may have
downloaded.
5.5 We shall (X) prepare the
Site and Our Content with reasonable skill and care; and (Y) use industry
standard virus detection software to try to block the uploading of content to
the Site that contains viruses.
5.6 The content on the Site is
provided for general information only. It is not intended to amount to advice
on which you should rely. You must obtain professional or specialist advice
before taking, or refraining from taking, any action on the basis of the
content on the Site.
5.7 Although we make
reasonable efforts to update the information on our site, we make no
representations, warranties or guarantees, whether express or implied, that Our
Content on the Site is accurate, complete or up to date.
6. Site Management
6.1 We reserve the right at our sole discretion,
to (1) monitor the Site for breaches of these Terms and Conditions; (2) take
appropriate legal action against anyone in breach of applicable laws or these
Terms and Conditions; (3) refuse, restrict access to or availability of, or
disable (to the extent technologically feasible) any of your Contributions; (4)
remove from the Site or otherwise disable all files and content that are
excessive in size or are in any way a burden to our systems; and (5) otherwise
manage the Site in a manner designed to protect our rights and property and to
facilitate the proper functioning of the Site and Services.
6.2 We do not guarantee that
the Site will be secure or free from bugs or viruses.
6.3 You are responsible for
configuring your information technology, computer programs and platform to
access the Site and you should use your own virus protection software.
7. Modifications to and availability of the
Site
7.1 We reserve the right to
change, modify, or remove the contents of the Site at any time or for any
reason at our sole discretion without notice. We also reserve the right to
modify or discontinue all or part of the Services without notice at any
time.
7.2 We cannot guarantee the
Site and Services will be available at all times. We may experience hardware,
software, or other problems or need to perform maintenance related to the Site,
resulting in interruptions, delays, or errors. You agree that we have no
liability whatsoever for any loss, damage, or inconvenience caused by your
inability to access or use the Site or Services during any downtime or
discontinuance of the Site or Services. We are not obliged to maintain and
support the Site or Services or to supply any corrections, updates, or
releases.
7.3 There may be information
on the Site that contains typographical errors, inaccuracies, or omissions that
may relate to the Services, 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 at any time,
without prior notice.
8. Disclaimer/Limitation of Liability
8.1 The Site and Services are
provided on an as-is and as-available basis. You agree that your use of the
Site and/or Services will be at your sole risk except as expressly set out in
these Terms and Conditions. All warranties, terms, conditions and undertakings,
express or implied (including by statute, custom or usage, a course of dealing,
or common law) in connection with the Site and Services and your use thereof
including, without limitation, the implied warranties of satisfactory quality,
fitness for a particular purpose and non-infringement are excluded to the
fullest extent permitted by applicable law.
We make no warranties or
representations about the accuracy or completeness of the Site’s content and
are not liable for any (1) errors or omissions in content: (2) any unauthorized
access to or use of our servers and/or any and all personal information and/or
financial information stored on our server; (3) any interruption or cessation
of transmission to or from the site or services; and/or (4) any bugs, viruses,
trojan horses, or the like which may be transmitted to or through the site by
any third party. We will not be responsible for any delay or failure to comply
with our obligations under these Terms and Conditions if such delay or failure
is caused by an event beyond our reasonable control.
8.2 Our responsibility for
loss or damage suffered by you:
Whether you are a consumer or
a business user:
â— We do not exclude or limit
in any way our liability to you where it would be unlawful to do so. This
includes liability for death or personal injury caused by our negligence or the
negligence of our employees, agents or subcontractors and for fraud or
fraudulent misrepresentation.
â— If we fail to comply with
these Terms and Conditions, we will be responsible for loss or damage you
suffer that is a foreseeable result of our breach of these Terms and
Conditions, but we would not be responsible for any loss or damage that were
not foreseeable at the time you started using the Site/Services.
Notwithstanding anything to
the contrary contained in the Disclaimer/Limitation of Liability section, our
liability to you for any cause whatsoever and regardless of the form of the
action, will at all times be limited to a total aggregate amount equal to the
greater of (a) the sum of £5000 or (b) the amount paid, if any, by you to us
for the Services/Site during the six (6) month period prior to any cause of
action arising.
If you are a consumer user:
â— Please note that we only
provide our Site for domestic and private use. You agree not to use our Site
for any commercial or business purposes, and we have no liability to you for
any loss of profit, loss of business, business interruption, or loss of
business opportunity.
â— If defective digital content
that we have supplied, damages a device or digital content belonging to you and
this is caused by our failure to use reasonable care and skill, we will either
repair the damage or pay you compensation. However, we will not be liable for
damage that you could have avoided by following our advice to apply an update
offered to you free of charge or for damage that was caused by you failing to
correctly follow installation instructions or to have in place the minimum
system requirements advised by us.
â— You have legal rights in
relation to goods that are faulty or not as described. Advice about your legal
rights is available from your local Citizens' Advice Bureau or Trading
Standards office. Nothing in these Terms and Conditions will affect these legal
rights.
9. Term and Termination
9.1 These Terms and Conditions shall remain in
full force and effect while you use the Site or Services or are otherwise a
user of the Site, as applicable. You may terminate your use or participation at
any time, for any reason, by following the instructions for terminating user
accounts in your account settings, if available, or by contacting us at gamotechbd@gmail.com
9.2 Without limiting any other provision of these
Terms and Conditions, we reserve the right to, in our sole discretion and
without notice or liability, deny access to and use of the Site and the
Services (including blocking certain IP addresses), to any person for any
reason including without limitation for breach of any representation, warranty or
covenant contained in these Terms and Conditions or of any applicable law or
regulation.
If we determine, in our sole
discretion, that your use of the Site/Services is in breach of these Terms and
Conditions or of any applicable law or regulation, we may terminate your use or
participation in the Site and the Services or delete your profile and any
content or information that you posted at any time, without warning, in our
sole discretion.
9.3 If we terminate or suspend your account for
any reason set out in this Section 9, 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.
10. General
10.1 Visiting the Site, 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 Site, 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 Site. 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 other than
electronic means.
10.2 These Terms and Conditions and any policies
or operating rules posted by us on the Site or in respect to the Services
constitute the entire agreement and understanding between you and us.
10.3 Our failure to exercise or enforce any right
or provision of these Terms and Conditions shall not operate as a waiver of
such right or provision.
10.4 We may assign any or all of our rights and
obligations to others at any time.
10.5 We shall not be responsible or liable for any
loss, damage, delay or failure to act caused by any cause beyond our reasonable
control.
10.6 If any provision or part of a provision of
these Terms and Conditions is unlawful, void or unenforceable, that provision
or part of the provision is deemed severable from these Terms and Conditions
and does not affect the validity and enforceability of any remaining
provisions.
10.7 There is no joint venture, partnership,
employment or agency relationship created between you and us as a result of
these Terms and Conditions or use of the Site or Services.
10.8 For consumers only - Please note that these Terms and
Conditions, their subject matter and their formation, are governed by English
law. You and we both agree that the courts of England and Wales will have
exclusive jurisdiction expect that if you are a resident of Northern Ireland
you may also bring proceedings in Northern Ireland, and if you are resident of
Scotland, you may also bring proceedings in Scotland. If you have any complaint
or wish to raise a dispute under these Terms and Conditions or otherwise in
relation to the Site please follow this link http://www.gamotech.com.bd
10.9 A person who is not a party to these Terms
and Conditions shall have no right under the Contracts (Rights of Third
Parties) Act to enforce any term of
these Terms and Conditions of Bangladesh
10.10 In order to resolve a complaint regarding the
Services or to receive further information regarding use of the Services,
please contact us by email at gamotechbd@gmail.com or by post to:
Head Office
GAMO TECH BD
Shop-20, level-5(4th Floor)
Mirpur DOHS Shopping Complex, Mirpur Dhaka-1216, Bangladesh +8801618216141,
+8801315664067
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