H. CLAIMS AGAINST OBJECTIONABLE CONTENT
We list thousands of products for sale offered by numerous sellers on the Site and host multiple comments on listings, it is not possible for us to be aware of the contents of each product listed for sale, or each comment or review that is displayed. Accordingly, we operate on a “claim, review, and takedown” basis. If you believe that any content on the Site is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred, or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, paedophilic or menacing; ethnically objectionable, disparaging; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of Bangladesh or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, (” objectionable content “), please notify us immediately by following by writing to us on [email protected]. We will make all practical endeavors to investigate and remove valid objectionable content complained about within a reasonable amount of time.
Please ensure to provide your name, address, contact information, and as many relevant details of the claim including name of objectionable content party, instances of objection, proof of objection amongst others. Please note that providing incomplete details will render your claim invalid and unusable for legal purposes.
I. CLAIMS AGAINST INFRINGING CONTENT
We respect the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please write to us at [email protected] and we will make all reasonable efforts to address your concern within a reasonable amount of time. Please ensure to provide your name, address, contact information, and as many relevant details of the claim including name of infringing party, instances of infringement, proof of infringement amongst others. Please note that providing incomplete details will render your claim invalid and unusable for legal purposes. In addition, providing false or misleading information may be considered a legal offense and may be followed by legal proceedings.
We also respect a manufacturer’s right to enter into exclusive distribution or resale agreements for its products. However, violations of such agreements do not constitute intellectual property rights infringement. As the enforcement of these agreements is a matter between the manufacturer, distributor, and/or respective reseller, it would not be appropriate for us to assist in the enforcement of such activities. While we cannot provide legal advice, nor share private information as protected by the law, we recommend that any questions or concerns regarding your rights may be routed to a legal specialist.
J. TRADEMARKS AND COPYRIGHTS
Daraz.com.bd, Daraz logo, D for Daraz logo, Daraz, Daraz Fashion, Daraz Basics and other marks indicated on our Site are trademarks or registered trademarks in the relevant jurisdiction(s). Our graphics, logos, page headers, button icons, scripts, and service names are the trademarks or trade dress and may not be used in connection with any product or service that does not belong to us or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All other trademarks that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
All intellectual property rights, whether registered or unregistered, in the Site, information content on the Site and all the website design, including, but not limited to text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code, and software shall remain our property. The entire contents of the Site also are protected by copyright as a collective work under Bangladeshi copyright laws and international conventions. All rights are reserved.
K. DISCLAIMER
You acknowledge and undertake that you are accessing the services on the Site and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the Site. We shall neither be liable nor responsible for any actions or inactions of sellers nor any breach of conditions, representations or warranties by the sellers or manufacturers of the products and hereby expressly disclaim and any all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between you and the sellers or manufacturers of the products.
We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product or pricing information and/or specifications) on the Site. While we have taken precautions to avoid inaccuracies in content, this Site, all content, information (including the price of products), software, products, services, and related graphics are provided the as-is basis, without warranty of any kind. We do not implicitly or explicitly support or endorse the sale or purchase of any products on the Site. At no time shall any right, title, or interest in the products sold through or displayed on the Site vest with us nor shall Daraz have any obligations or liabilities in respect of any transactions on the Site.
We shall neither be liable nor responsible for any actions or inactions of any other service provider as listed on our Site which includes but is not limited to payment providers, installment offerings, warranty services amongst others.
L. INDEMNITY
You shall indemnify and hold harmless Daraz as owned by Daraz Singapore Private Limited, its subsidiaries, affiliates, and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorney’s fees, made by any third party or penalty imposed due to or arising out of your breach of these Terms and Conditions or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.
You hereby expressly release Daraz as owned by Daraz Singapore Private Limited and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the sellers or other service providers and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.
M. THIRD-PARTY BUSINESSES
Parties other than PVA Vault and its affiliates may operate stores, provide services, or sell product lines on the Site. For example, businesses and individuals offer products via Marketplace. In addition, we provide links to the websites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant or endorse the offerings of any of these businesses or individuals, or the content of their websites. We do not assume any responsibility or liability for the actions, products, and content of any of these and any other third parties. You can tell when a third party is involved in your transactions by reviewing your transaction carefully, and we may share customer information related to those transactions with that third party. You should carefully review their privacy statements and related terms and conditions.
N. COMMUNICATING WITH US
When you visit the Site or send e-mails to us, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order with us. We may communicate with you by e-mail, SMS, phone call by posting notices on the Site, or by any other mode of communication we choose to employ. For contractual purposes, you consent to receive communications (including transactional, promotional, and/or commercial messages), from us with respect to your use of the website (and/or placement of your order) and agree to treat all modes of communication with the same importance.
O. LOSSES
We will not be responsible for any business or personal losses (including but not limited to 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 you commenced using the Site.
P. AMENDMENTS TO CONDITIONS OR ALTERATIONS OF SERVICE AND RELATED PROMISE