Terms & Conditions

 

1. Purpose

1.1 This page (together with the documents referred to on it) sets out the terms and conditions (“Terms and Conditions”) on which you may make use of the Website (as defined below), whether as a guest or a registered user. This Website is owned and operated by MINDS AT WORK GLOBAL LIMITED

1.2 You are advised to read these Terms and Conditions carefully before you start to use the Website. By browsing, accessing or using the Website or any Services (as defined below) available through it, you hereby indicate that you agree and accept to these Terms and Conditions and that you agree to abide by them. Your use of any part of the Website constitutes your acceptance of these Terms and Conditions which takes effect on the date on which you first use the Website. If you do not agree with these Terms and Conditions, you should cease using the Website immediately.

1.3 We reserve the right to amend these Terms and Conditions at any time without notice to you by posting changes online. You are responsible to regularly review information posted in the Website to obtain timely notice of such changes. If you do not wish to be bound by these amended Terms and Conditions, you have the right to delete all of your accounts on our Website. However, your continue use of our Website after changes are posted will be deemed to constitute acceptance of the amended Terms and Conditions.

2. Definitions

The following terms shall have the following respective meanings:

2.1 “Business” means any business entity whose business information is contained on this website.

2.2 “User” means any individual who is browsing the website.

2.3 “Register” means creating an account on the Website.

2.4 “Service” or “Services” means all and any of the services provided by the Company via the Website, including but not limited to the information services, content and transaction capabilities on the Website.

2.5 “Coupon” means a coupon that can be reserved by a user through the Website to exchange or redeem for the Coupon Products/Services from a particular Business.

2.6 “Website” refers to etcty.com.bd, the related landing pages or microsites.

3. Use of the Website

3.1 Applicability of the Terms and Conditions: Your usage of the Website, any of the Services, any Purchase made and/or any other transactions that may be performed or conducted through the Website are each subject to these Terms and Conditions.

3.2 Eligibility: To use the Website, the Services and/or to make any Purchase, you must be eighteen (18) years of age or over.

3.3 Place: The Website and/or the availability of the Services and/or any Purchase are directed solely to those who access the Website from the cities that are listed on the Website. We make no representation that the Services are available or otherwise suitable for use by persons outside the listed cities. If you choose to access the Website (including the use of the Services and/or to make a Purchase) from locations outside of the listed cities, you hereby agree that you do so on your own initiative and are responsible for the consequences and for compliance with all applicable laws.

3.4 Scope: The availability of the Website, Services and/or any Purchase are strictly for your noncommercial, personal use only. Commercial use for any business purposes or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance.. For the avoidance of doubt, scraping of the Website (and hacking of the Website) is not allowed.

3.5 Prohibitions and Prevention of usage: You shall not misuse the Website. You shall not commit or encourage a criminal offence, transmit or distribute a virus including but not limited to Trojan horse, worm, logic bomb or post any other materials on the Website which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene, corrupt data, cause annoyance other users, infringe upon the rights of any other person’s proprietary rights or send any unsolicited advertising or promotional material. We reserve the right, at our own discretion, to prevent you from using the Website, the Services (or any part of them) and/or from making any Purchase.

3.6 Equipment: Your agreement to use the Services, the Website and/or the making of any Purchase does not include the provision of a computer or any other necessary equipment by us to you in achieving any of the said purposes. To use the Website, the Services and/or to make a Purchase, you will require internet connectivity and appropriate telecommunication links. We shall not be liable for any telephone costs, telecommunications costs or other costs that you may incur in connection with the same.

4. Registration for the account

4.1 Why to register: You do not need to Register to use much of the functionality of the Website or to access much of the Services. However, to post and advertisement of any kind, you will need to do the registration.

4.2 How to register: To Register, you need to supply us with your name, identity number, contact details, email address, payment details and/or some other personal information that is required and/or necessary. You agree to provide true, accurate, current and complete information in any registration form of the Website and to maintain up-to-date information which is true, accurate, current and complete at all times by making changes, additions or deletions to your user account, as required. You shall not misuse the Website by creating multiple user accounts and we reserve the right to decline a new registration or to cancel a registered account at any time if we may deem fit. By submitting your personal information to Register, you acknowledge that you agree and accept our personal data notice and expressly consent to authorise us to process your personal data for such purposes as set out in the notice.

4.3 Passwords: Once you Register with the Website, we will allocate a password to your account. You must keep the password confidential and immediately notify us if any authorised third party becomes aware of that password or if there is any unauthorised use of your email address or your account or any breach of security known to you. You agree that any person to whom your username or password is disclosed is authorised to act as your agent for the purposes of using (and/or transacting via) your account. Please note that you are entirely responsible if you do not maintain the confidentiality of your password.

4.4 Valid email addresses: Your account must be registered with a valid personal email address that you access regularly, so that, among other things, administration emails can be sent to you. Any accounts which have been registered with someone else’s email address or with temporary email addresses may be closed without notice. We may require you to validate your account if we believe you have been using an invalid email address.

4.5 Closing accounts: Subject to any other provisions hereinafter contained, we reserve the right to close your account if you are seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple registration accounts, or if an non-BD user pretends to be a BD user, or disrupts the Website or the Services in any way.

4.6 Multiple logins: If you use multiple logins or accounts for the purpose of disrupting a community or annoying other users, we reserve the right to take any action which we deem fit against your account, your use of the Website and/or any of the Services.

5. Advertisement on etcty.com.bd

5.1 Emails: As a condition of Purchase, we reserve the right to send you administrative and promotional emails. We may also send you information regarding your account activity and purchases, as well as updates about the Website, the Services as well as any other promotional offers. You are able to opt-out of receiving our promotional e-mails or to unsubscribe such information at any time by clicking the unsubscribe’ link at the bottom of any of such e-mail correspondence.

5.2 Formation of contract: Purchase acceptance and completion of the contract between you and the Company will only be established upon the Company issuing a confirmation of transaction of the Purchase to you. For the avoidance of doubt, we shall be entitled to refuse or cancel any purchase without giving any reasons for the same to you prior to the issue of the confirmation of transaction. No concluded contract may be modified or cancelled by you except with the agreement in writing of the Company and on terms that you shall indemnify the Company in full against all loss, costs, damages, charges and/or expenses incurred by the Company as a result of the modification or cancellation, as the case may be.

5.3 All monetary transactions made by you on the Website are handled and processed by us in accordance with the MINDS AT WORK GLOBAL Limited’s Terms and Conditions stated below.

5.4 Advertisement: Once you have made a Purchase, you are entitled to promote your business advertisement on the desired location of the website. The company has the right to take down any advertisement if the content or nature of advertisement is harmful or malicious in nature. In that case, any payment made will be refunded and the contract will become void.

5.5 Acknowledgement: You hereby acknowledge that any advertisement on etcty.com.bd is not offered by MINDS AT WORK GLOBAL Limited rather by the business which created the advertisement. MINDS AT WORK GLOBAL Limited is not liable to fulfil any offer, sale, deal or coupon and will not take responsibility of any information provided by the business. 

6. Rules about use of the service and the website

6.1 We will use reasonable endeavours to correct any errors or omissions as soon as practicable after being notified of them. However, we do not guarantee that the Services or the Website will be free of faults and we do not accept liability for any errors or omissions. In the event of an error or fault, you should report it by email to: support@etcty.com.bd

6.2 We do not warrant that your use of the Services or the Website will be uninterrupted and we do not warrant that any information (or messages) transmitted via the Services or the Website will be transmitted accurately, reliably, in a timely manner or at all.

6.3 We do not give any warranty that the Services or the Website is free from viruses or anything else which may have a harmful effect on any technology.

6.4 We will use reasonable efforts to allow uninterrupted access to the Services and the Website, however we shall not be held liable in the event access to the Services and the Website may be suspended, restricted or terminated at any time.

6.5 We reserve the right to change, modify, substitute, suspend or remove without notice any information or Services or forming part of the Services from time to time. Your access to the Website and/or the Services may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore such access as soon as we reasonably can. We assume no responsibility for functionality which is dependent on your browser or other third party software to operate (including, without limitation, RSS feeds). For the avoidance of doubt, we may also withdraw any information or advertisement from the Website at any time.

6.6 We reserve the right to block access to and/or to edit or remove any material which in our reasonable opinion may give rise to a breach of any of these Terms and Conditions.

7. Suspension and termination

7.1 If you (or any other third party authorised by you) use the Website, the Services in contravention of these Terms and Conditions, we may suspend your use of the Services, the Website (in whole or in part).

7.2 Upon suspension of usage, we may refuse to restore the Services or Website until we receive an assurance from you, in the format that we deem acceptable. that there will be no further breach of the provisions of these Terms and Conditions.

7.3 We shall fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone who is in breach of these Terms and Conditions.

7.4 Without limitation to anything else in this Clause 7, we shall be entitled to immediately or at any time (in whole or in part) to suspend your use of the Services and/or Website and/or suspend the use of the Services and/or Website for persons we believe to be connected (in whatever manner) to you if:

7.4.1 you commit any breach of this Terms and Conditions;

7.4.2 we suspect, on reasonable grounds, that you have, might or will commit a breach of these Terms and Conditions; or

7.4.3 we suspect, on reasonable grounds, that you may have committed or be committing any fraud against us or any person.

7.5 Notwithstanding any other provisions hereinafter contained, we may terminate or suspend your use of the Website and/or Services at any time.

7.6 Our right of termination and/or suspension herein shall not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.

8. Indemnity

8.1 You shall defend, indemnify and hold us and our affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Website and/or Services or the placement or transmission of any message, information, software or other materials through the Website by you or related to any violation of these Terms and Conditions by you or authorised users of your account.

9. Advertisements

9.1 We may place advertisements in different locations on the Website and at different points during your use of the Website and/or Services. These locations and points may change from time to time - but we will always clearly mark which goods and services are advertisements (i.e. from persons other than us), so that it is clear to you which goods and services are provided on an objective basis and which are not (i.e. the advertisements).

9.2 You are free to select or click on advertised goods and services or not as you see fit.

9.3 Any advertisements may be delivered on our behalf by a third-party advertising company.

9.4 No personal data (for example your name, address, email address or telephone number) will be used during the course of serving our advertising, but, on our behalf, our third-party advertiser or affiliate may place or recognise a unique “cookie” on your browser (see our Privacy Policy here about this). This cookie will not collect personal data about you nor is it linked to any personal data about you. If you would like more information about this practice and to know your choices about not having this information used by any company, see our Privacy Policy here about this which you can click on for more information.

10. Links to and from other websites

10.1 Where the Website contains links to third party sites and to resources provided by third parties (“Third Party Sites”), those Third Party Sites are merely linked to provide information only and are solely for your convenience. We have no control over and we assume no responsibility for the content of Other Sites (including, without limitation, relating to social networking sites such as Facebook) and we accept no responsibility for any loss or damage that may arise from your use of them. If you decide to access any of the Third Party Sites linked to the website, you hereby agree to do so entirely at your own risk.

10.2 This Website may make available access to Microsites and if it does, it may do so within or otherwise through external hyperlinks.

11. Intellectual property rights

11.1 All intellectual property rights (including all copyright, patents, trademarks, service marks, trade names, designs) whether registered or unregistered) in the Website and Service, information content on the Website or accessed as part of the Service, any database operated by us and all the website design, text and graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software (including applets and scripts) shall remain the sole and exclusive of our property (or that of our licensors). You shall not, and shall not attempt to, obtain any title to any such intellectual property rights. All rights are reserved.

11.2 None of the materials listed in Clause 11.1 may be reproduced or redistributed or copied, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, sold, rented or sub-licensed, used to create derivative works, or in any way exploited without our prior express written permission. You may, however, retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not on any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website without our permission.

10.3 All rights (including goodwill and, where relevant, trade marks) in the trade name of EtCTy are owned by us (or our licensors). Other product and company names mentioned on the Website are the trademarks or registered trademarks of their respective owners.

10.4 Any material you transmit or post or submit to the Website (or otherwise to us) shall be considered (and we may treat it as) non-confidential and non-proprietary, subject to our obligations under data protection legislation. If for some reason, any part of that statement does not work as a matter of law, then for anything which you supply to us from whatever source (i.e. via email, the Website or otherwise) you grant us a royalty-free, perpetual, irrevocable, non-exclusive right to use, copy, modify, adapt, translate, publish and distribute world-wide any such material.

 

In the event of any inconsistencies or discrepancies between the English version and other translated versions of this Terms and Conditions, the English version shall prevail.