DoCommerce User Agreement (the “Agreement”) is entered into among you (or “User”, referring to all individuals or entities who register, log in, use or browse our Services), DoCommerce Limited, whose registered office is at House: 881 (5th floor), Road: 12 (new) Avenue: 02, Mirpur DOHS, Dhaka 1216, Bangladesh, its subsidiaries and affiliates (hereinafter referred to as “DoCommerce” or “we”) and our operational partners (hereinafter referred to as “Partner”), with respect to www.docommerce.com (hereinafter referred to as “Site”) and the products, programs and services (hereinafter referred to as “Services”, including but not limited to e-commerce web management) of DoCommerce.
By accepting this Agreement, you agree to accept all constraints, including accepting DoCommerce to reserve the right to modify the terms of this Agreement at any time, without additional notice to you. You can log in on our webpage at any time to check the latest User Agreement. If you cannot accept any content that we have changed, you shall stop using DoCommerce Services. By your continued use of our Services, you agree to accept and will be bound by the modified terms of this Agreement.
You may visit the Site without registration. However, you need a DoCommerce Account (“Account”) and provide relevant personal information on the registration webpage in order to access more Services. You can delete or suspend your account under the instructions of the Site, and we will keep or delete your Account based on this Agreement.
You hereby commit and undertake the following:
You shall also understand and hereby acknowledge the following:
User Content refers to all the content (your information, picture or others) resulting from downloads, releases or other activities through the Site and DoCommerce Service. You are solely responsible for such content, and bear all risks that result from your disclosure of such User Content.
Once you upload, release or engage in activities through the Site and DoCommerce Services, you automatically grant to DoCommerce an irrevocable, non-exclusive, sub-licensable, transferrable and royalty-free global license to:
Provide you with DoCommerce products and services or for the purposes of improving DoCommerce products and services through our use of User Content. We may also copy, publish, display, make derivative works and/or incorporate into other works, or use your user Account (except for your personal information) in other ways; and you authorize us the transferrable permission for the preceding subject matter; Copy and publish your content and personal information only to designated receiver; You agree that you irrevocably waive any and all ownership, legal and moral rights to your user content.
You also agree that you shall not post any information:
If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. Furthermore, you are responsible for any and all activities that occur under your account or password. You authorize DoCommerce to assume that any person using the Site with your password and username either is you or is someone authorized to act for you. You agree to authorize DoCommerce immediately to take appropriate action of any unauthorized use of your account or any other breach of security. DoCommerce shall not be liable for any loss that you may incur as a result of someone else using your password or account either with or without your knowledge. However, you will be held liable for losses incurred by DoCommerce or another party due to someone else using your account or password.
You must not use the Site in any way that causes or is likely to cause the Site or access to it to be interrupted, damaged or impaired in any way. You understand that you are solely responsible for all electronic communications and contents sent from your computer to us. You must use the Site for lawful purposes only.
You must not use the Site for any of the following:
You have the right to use the Site legally.
You have the right to upload, download, install, and use DoCommerce products and services on your mobile communication devices.
DoCommerce and its related companies possess the ownership of the DoCommerce Accounts. You have the right to use Account after you complete your registration. The rights to use Account only belonging to you, and you are not allowed to borrow, lease, license, transfer, gift or sell any Account.
DoCommerce has the right to retrieve any Account for operational needs.
You have the right to change and remove personal information, registered information, and any content posted. Please note that you have to take the risk that any picture or word saved in the system might also be deleted when you remove related information.
Rights Limitations and Restrictions
You shall not sell, lease, transfer, release or make other commercial use of the content from the Site or DoCommerce products and services (including but not limited to the content or the advertisements or sponsored content);
You shall not visit the Site or use DoCommerce Services to establish similar or competitive services;
Unless expressly prescribed by laws, you shall not copy, publish, download, change, translate, merge, decompose, paste or decompile etc. any part of the Site or DoCommerce Services (including but not limited to the content or the advertisements or sponsored content) in any manner;
You agree to bear all the risks and take full legal liability for the following activities while using the Site or Services:
You understand and agree that our services are based on technical support from third parties such as online storage (hosting) providers, operating systems used by our technical partners, etc. You understand and consent that we may provide some of your personal data to such third parties in the course of receiving technical or any other support from them. You agree and authorize the Site and DoCommerce products and services to limit your rights of using the Site and DoCommerce services.
User Content means the content that is downloaded, released or generated while using the Site and DoCommerce products and services by users. You have to take legal responsibilities for content disclosure caused by you.
When you visit the websites and advertisement of a third party, the third party’s terms and policy applies. You will bear all risks and legal responsibility when you use third party’s services.
DoCommerce may link to or offer Third-Party Services on DoCommerce’s website or otherwise through the Services. Any purchase, enabling, or engagement of Third-Party Services, including but not limited to implementation, customization, consulting services, and any exchange of Data between You and any Third-Party Service, is solely between You and the applicable Third-Party Service provider and is subject to the terms and conditions of such Third-Party Provider. DoCommerce does not warrant, endorse or support Third-Party Services and is not responsible or liable for such Services or any losses or issues that result as Your use of such services. If You purchase, enable or engage any Third-Party Service for use in connection with the Services, You acknowledge that DoCommerce may allow providers of those Third-Party Services to access Your Data used in connection with the Services as required for the interoperation of such Third-Party Services with the Services. You represent and warrant that Your use of any Third-Party Service signifies Your independent consent to the access and use of Your Data by the Third-Party Service provider, and that such consent, use, and access is outside of DoCommerce’s control. DoCommerce will not be responsible or liable for any disclosure, modification or deletion of Data resulting from any such access by Third-Party Service providers.
The following are the examples of when third party terms and privacy policies may apply when you use the specific products listed above:
When you use the advertising services in several specific applications of DoCommerce, one of the following will apply, depending on your choice of service:
You agree to use the Site or Services harmlessly and help DoCommerce to avoid bearing any lawsuit, complaint, loss, damage, responsibility, cost and fees (including but not limited to counsel fees) from any third party caused by the use of the Site or Services, your user content, your violation of this Agreement.
DoCommerce reserves the exclusive right to defend and the right to claim for compensation.
User Content refers to all the content (your information, picture, music or others) results from downloads, releases or other activities through the Site and DoCommerce Services. You are solely responsible for such content, and bear all the risks results from your disclosing user content.
You will not unilaterally reconcile when you and DoCommerce jointly file a lawsuit against any third party without written consent from DoCommerce.
DoCommerce will reasonably notify you such lawsuit or action at law.
Under no circumstances DoCommerce will bear any indirect, consequential, exemplary, incidental, exceptional or punitive compensation results from this Agreement. You bear all the risks from using the computer system and mobile database through the Site or Services.
This Site and all information, content, materials, products (including software) and services included on or otherwise made available to you through this Site are provided by DoCommerce on an "as is" and "as available" basis, unless otherwise specified in writing. DoCommerce makes no representations or warranties of any kind, express or implied, as to the operation of this Site or the information, content, materials, products (including software) or services included on or otherwise made available to you through this Site or about the completeness, accuracy, reliability, suitability or availability with respect to the Site or the information, products, services, or related graphics contained on the Site for any purpose. You therefore expressly agree that any reliance you place on such information and your use of this Site is strictly at your own risk.
DoCommerce will not bear any legal liability under circumstances stated below:
Any content posted by the user on the Site does not represent or reflect any viewpoint or policy of DoCommerce; DoCommerce does not bear any responsibility for this.
To the fullest extent permissible by applicable law, DoCommerce disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. DoCommerce do not warrant that this Site; information, content, materials, products (including software) or services or related graphics included on or otherwise made available to you through this Site; their servers; or e-mail sent from the Site are free of viruses, or other harmful components. DoCommerce shall not be liable for any loss or damages of any kind from loss of data or profits arising out of, or in connection with, the use of this Site or from any information, content, materials, products (including software) or services included on or otherwise made available to you through this Site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.
Any information posted on the Site or the interactive platform should not infringe the intellectual property of any third party. You cannot upload, release, change, spread or copy any material or trademark under copyright protection, or proprietary information of others, without the written consent of the owner. If DoCommerce receives the appropriate notice from any copyright owner or its legal representative, we will remove the related content after investigation.
Graphics, words and composition involving Site and other DoCommerce logos appearing in DoCommerce products and services are the trademarks of DoCommerce. Without written consent, you cannot display or use them in other manners in any way. By no means can any entity or individual use, copy, change, spread, transcribe any part of the trademark or bundling sell with other products. In addition to the provisions therefore, you can promptly contact us through our email address (email@example.com) if you think someone copies or publishes your work on the Site, and also infringes your copyright. Please also include the following information in the written notice: (i) materials evidencing that you have copyright or you are authorized to exercise copyright of the allegedly infringing content; (ii) your explicit identification, address and contact information; (iii) the network address of the allegedly infringing content; (iv) the description of the allegedly infringing copyright works; (v) materials evidencing that your copyright infringed; (vi) under the premise that you agree to bear all consequences of perjury, you issue written statement of the accuracy and authenticity of the content in your written notice.
We may change or modify terms of this Agreement at any time, and will notify you through your email address or notifications on the Site. Your use of the Site and all other services of DoCommerce after modifications to the terms indicate that you agree to such changes;
DoCommerce reserves the right to modify, keep and suspend the Site and DoCommerce products and services without notification from time to time;
You agree that DoCommerce will not take any responsibility for changing, reserving or suspending the Site and DoCommerce products and services, the actions taken by other services, or third parties.
This Agreement becomes valid and stays valid during your use of the Site and DoCommerce products and services, until the termination according to this Agreement.
In spite of the preceding provisions, this Agreement becomes effective the first time you use the Site and DoCommerce products and services if that happens before you accept this Agreement. This stays valid unless the early termination applies.
We may reserve your right to access the Site, DoCommerce Services, and your account; we may terminate this Agreement at any time for any reason without notice, as believe you violate our acceptable policies or other terms of this Agreement.
Not subject to the preceding provisions, DoCommerce reserves the right to terminate this Agreement if the user infringes the copyright of the third party and receives notice from the owner or legal representative of the owner.
Once this Agreement terminated, all your website accounts and your right to use the Site and DoCommerce products and services will also be terminated. You should understand this means your User Content will be removed from our database. DoCommerce will not take any responsibility for terminating this Agreement, including terminating your user account and removing your User Content.
Any revised version of the Site, updates or other changes of the DoCommerce Services will restrained by this Agreement.
Your suggestion to DoCommerce (“Feedback”) is regarded as transferring all rights of Feedback; DoCommerce has the right to use the Feedback in any appropriate method. We also consider this feedback unclassified and non-exclusive.
You agree to not provide any information you regard as privacy and proprietary to DoCommerce. We reserve the rights (not obligations) to examine your content on our judgments. We have the right to remove your content at any time for any reason. According to the terms of Modification and Termination, we have the right to reserve or terminate your account.
You must provide the latest, most used and valid email address. DoCommerce will not take any responsibility if we are unable to reach you through the email address you provide. Undoubtedly, the notifications on the Site and emails sent to you consist of valid notifications.
The interpretation of the terms of this Agreement, effectiveness and dispute resolution, are applicable to the laws of People's Republic of Bangladesh. If any dispute or controversy aroused between you and DoCommerce, it should first be settled through friendly consultation. If consultation falls, you agree to submit the dispute to the jurisdiction court where DoCommerce is located.
If some provisions of this Agreement cannot be applied for some reasons, they will be revised to apply legally; and other provisions remain applicable.
The title of each paragraph is written only for the convenience of reading and does not have any legal or contractual obligations.
Without written consent from DoCommerce, you cannot transfer the rights and obligations stated in this Agreement. Any behavior or activity violates the provision about such a transfer attempt is invalid.