Terms of Use

Welcome to oCare (hereinafter referred to as the “platform” or “we” or “us”). The Platform is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of our Platform constitutes your acceptance to all such Terms. The mobile application and website shall together be referred to as Platform.

Our Platform is owned and operated by oCare (Pvt) Limited with its office located at Road# 30, House# 429, DOHS Mohakhali, Dhaka. Our Platform allows users (hereinafter collectively be referred to as “Users” or “You” or “Your” or “Data Subject”) to use the services of the Platform including but not limited to data archiving, reminder service for medicines, Doctor (medical practitioner) revisit or appointment and for other events relevant to manage personal healthcare, distance care service, home delivery of medicine, ambulance service, Nurse service, emergency support etc. (collectively, the “Services”) through our platform. By using the Platform, you agree to comply with and be legally bound by the terms and conditions of these Terms of Use (“Terms”). These Terms govern your access to and use of the Platform and Services and all Collective Content, and constitute a binding legal agreement between you and us.

Please read carefully these Terms and our Privacy Policy, which may be found at Terms of Use (link to privacy policy), and which is incorporated by reference into these Terms. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Platform. Failure to use the Platform in accordance with these Terms may subject you to civil and criminal liabilities.

The use of this Platform constitutes your consent to, and acceptance to, abide by the most current version of these terms and conditions (the “Terms”). We may at any time revise these terms and conditions by updating the Terms. You agree to be bound by subsequent revisions and agree to review the Terms periodically for changes to the terms and conditions. The most up-to-date version of the Terms will always be available for your review under the “Terms of Use” link that appears at the bottom of the Platform.

This Platform reserves the right to recover the cost of services, collection charges, and lawyers’ fees from persons using the Platform fraudulently. This Platform reserves the right to initiate legal proceedings against such persons for fraudulent use of the Platform and any other unlawful acts or acts or omissions in breach of these terms of use.

IN USING THIS PLATFORM YOU ARE DEEMED TO HAVE READ AND AGREED TO THE FOLLOWING TERMS AND CONDITIONS SET FORTH HEREIN. ANY INCIDENTAL DOCUMENTS AND LINKS MENTIONED SHALL BE CONSIDERED TO BE ACCEPTED JOINTLY WITH THESE TERMS. YOU AGREE TO USE THE PLATFORM ONLY IN STRICT COMPLIANCE OF THESE TERMS AND ANY ACTIONS OR COMMITMENTS MADE WITHOUT REGARD TO THESE TERMS SHALL BE AT YOUR OWN RISK. THESE TERMS AND CONDITIONS FORM PART OF THE AGREEMENT BETWEEN THE USERS AND US. BY ACCESSING THIS PLATFORM, AND/OR UNDERTAKING TO PERFORM A SERVICE BY US INDICATES YOUR UNDERSTANDING, AGREEMENT TO, AND ACCEPTANCE, OF THE DISCLAIMER NOTICE AND THE FULL TERMS OF USE CONTAINED HEREIN.

DEFINITIONS AND INTERPRETATION:
- “Agreement” means the terms and conditions as detailed herein including all Exhibits, privacy policy, cookies policy other policies mentioned on the Platform and will include the references to this agreement as amended, negated, supplemented, varied or replaced from time to time.
- “oCare” means the platform which allows the users to use the services for data archiving, reminder service for medicines, Doctor (medical practitioner) visit reminder, confirmation and for other events relevant to manage personal healthcare, distance care service, home delivery of medicine, ambulance service, Nurse service, emergency support etc.
- “Account” means the accounts created by the User son our Platform in order to use the Services provided by us and require information such as name, email address, password, contact number etc.
- “Content” means text, graphics, images, music, audio, video, information or other materials.
- “User” shall mean the persons who create an account on the Platform to avail the services.
- “User content” means all Content that a user posts, uploads, publishes, submits or transmits to be made available through our Platform.
- The official language of these terms shall be English
- The headings and sub-headings are merely for convenience purpose and shall not be used for interpretation.
ELIGIBILITY:
- Use of the Site is available only to persons who can form legally binding contracts under applicable law. If you are a minor i.e. under the age of 18 years your parents or legal guardians can register and transact on behalf of you and can avail services of the platform.
- Our company reserves the right to terminate your membership and refuse to provide you with access to the Site if we discover that you are under the age of 18 years and prior consent of the parent or guardian or relevant person having authority of make decision on behalf of you has been taken. The Site is not available to persons whose membership has been suspended or terminated by us for any reason whatsoever. If you are registering as a company or juridical entity, you represent that you have the authority to bind the company or juridical entity to this User Agreement.
- Except where additional terms and conditions are provided which are product specific, these terms and conditions supersede all previous representations, understandings, or agreements. By using the services of our platform you agree to be bound by the Terms and Conditions.
REGISTRATION:In order to avail our services you need to register and create an account with us.
- Accounts:
  - If you wish to create an account directly on our Platform then you shall be required to provide certain personal information such as email address, name, contact number, password, gender, date of birth, credit/debit card details (in relevant circumstances), Prescription, Diagnostic reports, Hospital reports, other medical reports.
  - You represent and warrant that all required registration information you submit are truthful and accurate, and you will maintain the accuracy of such information. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Our Platform cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You must not share your password or other access credentials with any other person or entity that is not authorized to access your account. Without limiting the foregoing, you are solely responsible for any activities or actions that occur under your Platform account access credentials. We encourage you to use a “strong” password (a password that includes a combination of upper and lower case letters, numbers, and symbols) with your account. We cannot and will not be liable for any loss or damage arising from your failure to comply with any of the above.
- You agree to provide and maintain accurate, current and complete information about your Account. Without limiting the foregoing, in the event you change any of your personal information as mentioned above in this Agreement, you will update your Account information promptly.
- When creating an Account, don’t:
  - Provide any false personal information to us (including without limitation a false username) or create any Account for anyone other than yourself without such other person’s permission;
  - Use a username that is the name of another person with the intent to impersonate that person;
  - Use a username that is subject to rights of another person without appropriate authorization; or
  - Use a username that is offensive, vulgar or obscene or otherwise in bad taste.
- We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading or to reclaim any username that you create through the Platform that violates our Terms. If you have reason to believe that your Account is no longer secure, then you must immediately notify us at [email protected]
- Our Services are not available to temporarily or indefinitely suspended Users. Our Platform reserves the right, in its sole discretion, to cancel unconfirmed or inactive accounts. Our Platform reserves the right to refuse service to anyone, for any reason, at any time.
- One individual/entity can own only one account in his/her/its name.
- You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by our Platform’s policies as stated in the Agreement and the Platform policy documents listed on the Platform as well as all other operating rules, policies and procedures that may be published from time to time on the Platform by the Company.
SERVICES
- The Company provides a platform through which the Users can avail the services which are offered by the Platform including but not limited to storage of personal medical records, data archiving, reminder service for medicines, Doctor (medical practitioner) visit reminder and confirmation and for other events relevant to manage personal healthcare, distance care service, home delivery of medicine, ambulance service, Nurse service, emergency support etc. Few services are free services and the users can avail these without making payment. Some of our services are paid services which shall be made by the users according to the terms and conditions mentioned in these terms. The Platform also allows the users to purchase goods which are listed on the Platform. Such goods shall mention the price which is inclusive of all the taxes, however, the shipping charges shall be levied at the checkout.
PROMOTIONS AND OFFERS ON THE PRODUCTS
- From time to time, we may conduct promotions through the platform (“Promotions”). All users can participate in the promotional offers for the product of their choice available over the platform.
- The platform shall provide various discounted and promotional offers for users from time to time. The quantity of the product ordered is subject to certain limitations and availability.
- Prices of the promotional and discounted products are validated at a later stage generally and the users shall be informed regarding the same.
- RECIEPT OF PHARMACEUTICAL PROMOTIONAL MATERIALS BY DOCTORS
  - If you are a Doctor; from time to time, we may send regulatory body approved electronic version of pharmaceutical promotional materials to update your knowledge on approved pharmaceutical products.
  - As a doctor you are giving your informed consent to receive such promotional materials. Your consent to receive such promotional materials electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further promotional materials at any time by contacting Customer Support. If you withdraw your consent; you will not receive any such promotional materials. Any withdrawal of your consent to receive such promotional materials will be effective only after we have a reasonable period of time to process your request for withdrawal.
OUR CONTRACT
- Your order is an offer to us to buy the product(s) in your order. When you place an order to purchase a product from us, you will receive an e-mail confirming receipt of your order and containing the details of your order (the “Order Confirmation E-mail”). The Order Confirmation E-mail is acknowledgement that we have received your order, and does not confirm acceptance of your offer to buy the product(s) ordered. We only accept your offer, and conclude the contract of sale for a product ordered by you, when the product is dispatched to you and an e-mail confirmation is sent to you that the product has been dispatched to you (the “Dispatch Confirmation E-mail”). If your order is dispatched in more than one package, you may receive a separate Dispatch Confirmation E-mail for each package, and each Dispatch Confirmation E-mail and corresponding dispatch will conclude a separate contract of sale between you and us for the product(s) specified in that Dispatch Confirmation E-mail.
- Your contract is with us (the Sellers) and you confirm that the product(s) ordered by you are purchased for your internal / personal purpose and not for re-sale or business purpose. You authorize us to declare and provide declaration to any governmental authority on your behalf stating the aforesaid purpose of the products ordered by you on the platform.
- You can cancel your order for a product at no cost any time before we send the Dispatch Confirmation E-mail relating to that product.
- Please note that we sell products only in quantities which correspond to the typical needs of an average household. This applies both to the number of products ordered within a single order and the placing of several orders for the same product where the individual orders comprise a quantity typical for a normal household.
PAYMENT
- A few services offered by us are free of any cost and no payment needs to be made. Some of our services offered to you are paid services. The Payment shall be made according to the method which is mentioned by us on the Platform which shall be amended from time to time. The price mentioned on the Platform shall be inclusive of the taxes if any.
- If the user purchases any goods from the platform, it shall make payment for it in accordance with the terms and conditions mentioned in these terms. All payments shall be through the payment mechanism put in place by the Company and the User shall be responsible for paying all fees and applicable taxes in a timely manner as per the mechanism associated with the Plan availed by You. Users have been given various options to choose and proceed with the payment for the Services via payment mechanisms including but not limited to Card Payment facilities, EMI Payment, Online Bank Transfer and Wallet Payment. The payment gateway mechanisms are governed by the terms and conditions of the third-party providers as listed on the Platform and the User agrees to be bound by those terms.
- Valid Credit / Debit/ Cash Card/ online bank transfers and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms agreed to between the Users and the respective issuing bank and payment instrument issuing company. We shall not be liable for any unauthorized use, fraud, payment refunds, lost amount etc. in the transaction. The amount of refund payable shall only be limited to the amount paid by the User for Services which were not rendered to the User by Us. In case of refund of EMI transactions, User will be charged interest as per bank’s regulations.
- Any charges related to the Platform will be incurred by the User.
- We reserve the right to change any fees at any time at our sole discretion and any change, update, or modification in the fee shall become effective immediately upon the same being posted/uploaded or notified on our Platform.
PRICING AND AVAILABILITY
- We list availability information for products sold by us on the platform, including on each product information page. Beyond what we say on that page or otherwise on the platform, we cannot be more specific about availability. Please note that dispatch estimates are just that. They are not guaranteed dispatch times and should not be relied upon as such. As we process your order, you will be informed by e-mail if any products you order turn out to be unavailable.
- You shall be responsible for payment of all fees/costs/charges associated with the purchase of products from us and you agree to bear any and all applicable taxes including but not limited to value added tax (VAT), service tax, sales tax, duties and ceases etc.
SHIPPING, DELIVERY AND CANCELLATION
- Once the user places an order with us, we shall intimate about the estimated date of delivery of the product. Once the order is ready, we shall inform the exact date of delivery of the Product. User can make their payment through various modes available over the website.
- If the user wishes to cancel the order, then it will have to do so at least 24 hours before the exact date of delivery and if the user fails to do so then the order will not be cancelled. The user will be notified about the exact date of delivery well in advance and accordingly the buyer needs to specify about cancellation before the stipulated deadlines.
- We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when a contract for the sale of goods by us to you was formed.
REPRESENTATIONS AND WARRANTIES OF THE USERS
- You hereby warrants that:
  - you will not provide any information that could allow you to be personally identified including, but not limited to, phone number, e-mail address, home address, postal address, web-site address or details of any organization, school or body of which you are member;
  - your behavior will not be disruptive, offensive, abusive, unlawful, harassing, defamatory, threatening, harmful, obscene, profane, sexually oriented, racially offensive or otherwise objectionable in any respect; and
  - You are not less than eighteen years of age. Users of less than eighteen years of age can only participate with the involvement of a parent or guardian.
- We reserve the right to Users in order to evaluate compliance with the rules and policies set forth in these Terms of Use and any other policies applicable to use of the Service. If you ever believe that another User has violated the law or is defrauding, threatening or endangering anyone through the Platform, we urge you to immediately contact us through +8801639478824 & [email protected] directly for help.
- You will not share personal contact information with other Users via the Platform.
- Any and/or all apps built using the Platform by the users during the period of their permitted use of the Platform, and hence the same are expected to have limited functionality and use and are thus not fit to be used commercially or to be adopted for any use as opposed to the intended use prescribed in these terms. The apps might have unresolved technical bugs and security concerns including but not limited to viruses, data safety, account protection, insufficiency of security protocols and non-encryption. Any personal information, passwords and/ or any other details or sensitive data provided might become available to other users of the app.
- Any such commercial or non-authorized use of these apps shall be at the sole risk and discretion of the users and third parties and the Company in no way whatsoever promotes or authorizes the same.
USE OF THE PLATFORM:
- You shall not post, host, display, upload, modify, publish, transmit, update or share any information which:
  - belongs to another person and to which you do not have any right;
  - is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing.
  - is misleading in any way;
  - is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
  - harasses or advocates harassment of another person;
  - involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
  - promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  - infringes upon or violates any third party’s rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity];
  - promotes an illegal or unauthorized copy of another person’s copyrighted work (see “Copyright complaint” below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
  - contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
  - provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
  - provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
  - contains video, photographs, or images of another person (with a minor or an adult).
  - tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
  - solicits gambling or engages in any gambling activity which we, in our sole discretion, believe is or could be construed as being illegal;
  - interferes with another User’s use and enjoyment of the Platform and enjoyment of similar services;
  - harm minors in any way;
  - infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
  - violates any law for the time being in force;
  - deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  - impersonate another person;
  - contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
  - shall not be false, inaccurate or misleading;
- You shall not create liability for us or cause us to lose (in whole or in part) the services of our internet service provider (“ISPs”) or other suppliers;
- You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve our right to bar any such activity.
- You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password “mining” or any other illegitimate means.
- You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us, or otherwise engage in any conduct or action that might tarnish the image or reputation, of our Platform or otherwise tarnish or dilute any of our trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or our systems or networks, or any systems or networks connected to us.
- You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person’s use of the Platform.
- You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Platform or any service offered on or through the Platform. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
- You may not use the Platform or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of our Platform and / or others.
- You shall solely enable us to use the information you supply us with, so that we are not violating any rights you might have in your Information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights you have in your Information, in any media now known or not currently known, with respect to your Information. We will only use your information in accordance with the Terms of Use and Privacy Policy applicable to use of the Platform.
- You have given informed consent to solely enable us to perform any operation or set of operations on the information, data or on sets of data provided by you whether or not by automated means, such as collection or recording, organization, structuring, storage, adaptation or alteration, retrieval or recovery, consultation, use, disclosure by transmission, dissemination or otherwise make available, alignment or combination, restriction, erasure or destruction.
- We shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
OWNERSHIP:
- All right, title, and interest in and to the Platform is and will remain the exclusive property of our Platform and our licensors. The Platform service is protected by copyright, trademark, and other laws of Bangladesh. Nothing in these Terms gives you a right to use the name of the Platform or Platform’s trademark or logo, or any other trademarks, logos, domain names, or other distinctive brand features relating to the Platform or located on the Platform.
YOU AGREE AND CONFIRM:
- That you will use the services provided by our Platform, its affiliates and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using the Platform and transacting on the Platform.
- You will provide authentic and true information in all instances where such information is requested of you. We reserve the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), we have the right in our sole discretion to reject the registration and debar you from using the Services of our Platform and / or other affiliated Platforms without prior intimation whatsoever.
- That you are accessing the services available on this Platform and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Platform.
- It is possible that the other users (including unauthorized/unregistered users or “hackers”) may post or transmit offensive or obscene materials on the Platform and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Platform, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the Platform you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Platform. Please carefully select the type of information that you publicly disclose or share with others on the Platform.
- You agree that you will not:
  - Restrict or inhibit any other user from using and enjoying the Interactive Features;
  - Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil or criminal liability or otherwise violate any local, state, national, or international law;
  - Post or transmit any information, software, or other material which violates or infringes the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder.
  - Post or transmit any information, software or other material which contains a virus or other harmful component;
  - Alter, damage or delete any Content or other communications that are not your own Content or to otherwise interfere with the ability of others to access our Platform
  - Disrupt the normal flow of communication in an Interactive Area;
  - Claim a relationship with or to speak for any business, association, institution or other organization for which you are not authorized to claim such a relationship;
  - Violate any operating rule, policy or guideline of your Internet access provider or online service.
YOUR RIGHTS AND LICENSE TO CONTENT:
- You are solely responsible for your use of the Platform, for any content you provide, and for any consequences thereof, including, but not limited to, the use of your content by us. Without limiting the foregoing, you represent and warrant that you have all the rights, power, and authority necessary to grant the rights granted herein to any Content that you submit.
- You will indemnify and hold us harmless from and against any and all claims, suits, disputes, actions, losses, judgments, and costs (including, but not limited to, attorneys’ fees) arising out of or relating to any one or more of the following: (a) your use of or access to our Platform, (b) your provision of any Content or other information to or through the Platform, (c) any third party claim that any Content you provide infringes, misappropriates, or otherwise violates any Right, and (d) your violation of any of these Terms.
REVIEWS, FEEDBACK, SUBMISSIONS:
- All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to us on or by this Platform or otherwise disclosed, submitted or offered in connection with your use of this Platform (collectively, the “Comments”) shall be and remain our property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, we exclusively own all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. We will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way.
- We are and shall be under no obligation (1) to maintain any Comment in confidence; (2) to pay you any compensation for any Comment; or (3) to respond to any Comment. You agree that any Comment submitted by you to the Platform will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comment submitted by you to the Platform will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”.
- Our Platform does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Platform. You grant us the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comment you submit. You are and shall remain solely responsible for the content of any Comment you make and you agree to indemnify us and our affiliates for all claims resulting from any Comment you submit. We and our affiliates take no responsibility and assume no liability for any Comment submitted by you or any third party.
COPYRIGHT & TRADEMARK:
- Our Platform, its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Platform. Access to this Platform does not confer and shall not be considered as conferring upon anyone any license under any of (Enter the link) or any third party’s intellectual property rights. All rights, including copyright, in this Platform are owned by or licensed to us or third party suppliers. Any use of this Platform or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of our Platform. You cannot modify, distribute or re-post anything on this Platform for any purpose.
- oCare names and logos and all related product and service and our slogans are the trademarks or service marks of oCare (PVT) Limited. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Platform. Access to this Platform does not authorize anyone to use any name, logo or mark in any manner.
- All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Platform (collectively, the “Contents”) are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Platform for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Platform or any related software. All software used on this Platform is the property of our Platform or its suppliers and protected by Copyright Laws of Bangladesh. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Platform is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks and/or other intellectual property owned, controlled or licensed by our Platform, one of its affiliates or by third parties who have licensed their materials to us and are protected by Copyright Laws of Bangladesh. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Platform is the exclusive property of our Platform and is also protected by Copyright Laws of Bangladesh.
- If you learn of any unlawful material or activity on our Platform, or any material or activity that breaches this notice, please inform us. We respect the intellectual property rights of others and expect users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are promptly and properly provided to us. If you have a reason to believe that Your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information:
  - a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
  - identification of the copyrighted work claimed to have been infringed;
  - identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  - Your contact information, including your address, telephone number and an email address;
  - a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  - a statement that the information in the notification is accurate, and that You are authorized to act on behalf of the copyright owner.
- We have the right to remove the Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, we will also terminate a user’s account if we determine that the user is a repeat infringer.
- Notices regarding our Platform should be sent to: [email protected]
INDEMNITY:
- You agree to defend, indemnify and hold harmless our Company/Platform, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to our Platform or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.
TERMINATION:
- We may, at any time and without notice, suspend, cancel, or terminate your right to use the Platform (or any portion of the Platform). In the event of suspension, cancellation, or termination, you are no longer authorized to access the part of the Platform affected by such suspension, cancellation, or termination. In the event of any suspension, cancellation, or termination, the restrictions imposed on you with respect to material downloaded from the Platform and the disclaimers and limitations of liabilities set forth in the Agreement, shall survive.
- Without limiting the foregoing, we may close, suspend or limit your access to our Platform:
  - if we determine that you have breached, or are acting in breach of, this Agreement;
  - if we determine that you have breached legal liabilities (actual or potential), including infringing someone else’s Intellectual Property Rights;
  - if we determine that you have engaged, or are engaging, in fraudulent, or illegal activities;
  - to manage any risk of loss to us, a User, or any other person; or
- For other similar reasons.
- If we find you breaching these terms of service, you may also become liable for an amount of which we have suffered losses/damages.
DISCLAIMERS AND LIMITATION OF LIABILITY:
- The Platform is provided without any warranties or guarantees and in an “As Is” condition. You must bear the risks associated with the use of the Platform.
- The Platform provides content from other Internet Platforms or resources and while our Platform tries to ensure that material included on the Platform is correct, reputable and of high quality, it shall not accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Platform. This disclaimer constitutes an essential part of this User Agreement. In addition, to the extent permitted by applicable law, we are not liable, and you agree not to hold Company responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:
  - Your use of or your inability to use our Platform, Services and tools;
  - Delays or disruptions in our Platform, Services, or tools;
  - Viruses or other malicious software obtained by accessing our Platform, Services, or tools or any Platform, Services, or tool linked to our Platform, Services, or tools;
  - Glitches, bugs, errors, or inaccuracies of any kind in our Platform, Services, and tools or in the information and graphics obtained from them;
  - The content, actions, or inactions of third parties, including items listed using our Platform, services, or tools or the destruction of allegedly fake items;
  - A suspension or other action taken with respect to your account; and
- To the fullest extent permitted under applicable law, our Platform or its suppliers shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Platform, its services or this User Agreement. Without prejudice to the generality of the section above, the total liability of our Platform to you for all liabilities arising out of this USER AGREEMENT WHETHER IN TORT OR CONTRACT IS LIMITED TO THEAMOUNT PAID BY YOU. Our Platform, its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, correctness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Platform or that the operation of the Platform will be error free and/or uninterrupted. Consequently, our Platform assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Platform; and/or any interruption or errors in the operation of the Platform.
- Our Platform periodically schedules system downtime for the Platform for maintenance and other purposes. Unplanned system outages also may occur. You agree that we have no responsibility and is not liable for: (a) the unavailability of any of the Platform; (b) any loss of data, information or materials caused by such system outages; (c) the resultant delay, mis-delivery or non-delivery of data, information or materials caused by such system outages; or (d) any outages caused by any third parties, including without limitation any companies or servers hosting any of the Platform, any Internet service providers or otherwise.
- User understands and agrees that any information or material and/or goods or services obtained through the service is done at user’s own discretion and risk and that user will be solely responsible for any damage resulting from any transaction.
- No advice or information, whether oral or written, obtained by user from us for free or through or from the service shall create any warranty not expressly stated herein.
GOVERNING LAWS AND JURISDICTION:
- This User Agreement (Terms of Use) shall be construed in accordance with the applicable laws of Bangladesh regardless of your physical location.
- The Courts at Dhaka, Bangladesh have exclusive jurisdiction in any proceedings arising out of this agreement.
DISPUTE RESOLUTION:
- Generally, transactions are conducted smoothly on our Platform. However there may be some cases where we and you may face issues. A ‘Dispute’ can be defined as a disagreement between you and us in connection with a transaction on the Platform.
- In the interest of resolving disputes between you and us in the most expedient and cost effective manner, you and we agree that we shall in good faith work towards implementation of this Agreement and any dispute arising out of or in relation to this Agreement shall be first attempted to be resolved amicably by mutual negotiations, failing which such dispute shall be referred to binding arbitration to be conducted in accordance with the Arbitration Act, 2001 or any re-enactment thereof. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of the Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of the Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THE TERMS, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
- The Number of Arbitrators shall be three (3).
- The seat of Arbitration shall be, Dhaka, Bangladesh and the language used for arbitration shall be English.
- The award of the arbitration tribunal shall be binding on both, you and us.
- The suits which are impliedly or specifically barred by this agreement shall be opposed by us by pleading this agreement.
PLATFORM SECURITY:
- You are prohibited from violating or attempting to violate the security of the Platform, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Platform, overloading, “flooding,” “spamming,” “mail-bombing” or “crashing;” (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Platform or any activity being conducted on this Platform. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Platform other than the search engine and search agents available from us on this Platform and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
PRIVACY:
- All Personal Information and User Generated Content provided to or displayed on the Platform and Services are subject to our Privacy Statement.
- Our Privacy Policy and Cookies Policyform integral part of this
NOTICE
- By using the Platform and Services, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Platform and Services.
- You acknowledge that all contracts, notices, information and other communication we may provide electronically comply with any legal requirements that such documents are in writing.
- Notice will be deemed received and properly served immediately when posted on the Platform and Services, 24 hours after an email is sent, or 3 days after the date of posting any letter. As proof of service, it is sufficient that:
  - For letters, the letter was properly addressed, stamped and placed in the post; and
  - For emails, the email was sent to the specified email address.
LEGAL COMPLIANCE
- In addition to this Agreement, you must familiarize yourself with, and comply with relevant law of Bangladesh regarding your use of our services. Notwithstanding successful conclusion of a transaction you must ensure strict compliance with any particular formalities which, if not complied with, will either render a transaction void or unlawful.
- You alone, and not we, are responsible for ensuring that the services and any other activities conducted on the Platform are lawful. You must ensure that they comply with all applicable laws in Bangladesh and all other countries.
LINKS TO OTHER WEBSITES:
- Links to third party Websites on this site are provided solely as a convenience to you. If you use these links, a new browser will be lodged to access linked Websites. We have not reviewed these third party Websites and does not control and is not responsible for any of these Websites or their content. We do not endorse or make any representations about them, or any information, or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party Websites linked to this site, you do this entirely at your own risks.
NO WAIVER IMPLIED:
- The failure of us to enforce at any time any of the provisions of these of Agreement, or the failure to require at any time performance by you of any of the provisions of these provisions, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect our right to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of these provisions shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
SEVERABILITY:
- Each Term shall be deemed to be severable. If any Term or portion thereof is found to be invalid or unenforceable, such invalidity or unenforceability shall in no way effect the validity or enforceability of any other Term.
ASSIGNMENT:
- You will not assign any rights or delegate any obligations under these Terms, in whole or in part, by operation of law or otherwise, without obtaining our prior written consent, which may be withheld in our sole discretion.
- We may assign our rights and delegate any of our obligations under these Terms, in whole or in part, without your consent. Any assignment or delegation in violation of the foregoing will be null and void. These Terms will be binding and inure to the benefit of each party’s permitted successors and assigns.
FORCE MAJEURE:
- We shall be under no liability to you in respect of anything that, if not for this provision, would or might constitute a breach of these Terms, where this arises out of circumstances beyond our control, including but not limited to:
  - acts of god;
  - natural disasters;
  - sabotage;
  - accident;
  - riot;
  - shortage of supplies, equipment, and materials;
  - strikes and lockouts;
  - civil unrest;
  - epidemic, pandemic
  - Computer hacking; or
  - malicious damage
  - judicial order, act of the Government.
DIGITAL SIGNATURE:
- By using our services, you are deemed to have executed this Agreement electronically, effective on the date you register your Account and start using our services. Your Account registration constitutes an acknowledgement that you are able to electronically receive, download, and print this Agreement.
- In connection with this Agreement, you may be entitled to receive certain records, such as contracts, notices, and communications, in writing. To facilitate your use of the Platform, you give us permission to provide these records to you electronically instead of in paper form.
- By registering for an Account, you consent to electronically receive and access, via email, all records and notices for the services provided to you under this Agreement that we would otherwise be required to provide to you in paper form. However, we reserve the right, in our sole discretion, to communicate with you via the Postal Service and other third-party mail services using the address under which your account is registered. Your consent to receive records and notices electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further records and notices electronically at any time by contacting Customer Support. If you withdraw your consent to receive such records and notices electronically, we will terminate your access to the Services, and you will no longer be able to use the Services. Any withdrawal of your consent to receive records and notices electronically will be effective only after we have a reasonable period of time to process your request for withdrawal. Please note that your withdrawal of consent to receive records and notices electronically will not apply to records and notices electronically provided by us to you before the withdrawal of your consent becomes effective.
- In order to ensure that we are able to provide records and notices to you electronically, you must notify us of any change in your email address by updating your Account information on the Platform or by contacting Customer Support.
ENTIRE AGREEMENT:
- These Terms collectively represent the entire agreement and understanding between you and us and supersede any other agreement or understanding (written, oral or implied) that you and we may have had. Any statement, inducement, promise, covenant or condition not expressly found either in these Terms shall be deemed as void.
CONTACT US:
- For any further clarification of out Terms and Use, please write to us at [email protected]

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