Terms and Condition Of Use


Welcome to the Aarashi (“Aarashi” or “Our” or “We” or “Us”) website. Aarashi is a online marketplace. It’s a B2B and B2C Platform thank You for visiting aarashi.com, We hope You enjoy our services! These Terms of Use (“These Terms”) are a legal contract between You and Aarashi (collectively, “Everyone”) and govern Your use of this website. By using the Site, you hereby accept these terms and conditions (including the linked information herein) and represent that you agree to comply with these terms and conditions (the "User Agreement").

READ THESE TERMS CAREFULLY BEFORE BROWSING THIS WEBSITE. USING THIS WEBSITE INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CANNOT USE THIS WEBSITE IF YOU DO NOT ACCEPT THESE TERMS.

Accessing This Website

When You access This Website, You are responsible for complying with These Terms as well as any and all use of This Website through any account that You may setup through or on This Website; some Materials will only be available to You if You have an account. You agree to provide true, accurate, current, and complete information for so long as You use This Website. Because it is Your account, it is Your responsibility to obtain and maintain all equipment, services and software needed for access to and use of This Website as well as paying related charges. It is also Your responsibility to maintain the confidentiality of Your password(s). Should You believe Your password or other security information for This Website has been breached in any way, You must immediately notify Us. Sometimes, We collect certain personal information about You solely in connection with Your access and use of This Website. Aarashi's use of that information is governed by the provisions of the Aarashi Online Privacy Statement. We reserve the right to require that You change Your password or restrict Your access to This Website as We deem reasonably necessary.

Your Permitted Use of This Website

You are invited to use This Website for Your personal and business purposes where you are purchasing Aarashi’s products and services for use in your business (“Permitted Uses”). We hereby grant You a limited, personal, non-exclusive and non-transferable license to use and to display the Materials. Your right to use the Materials is conditioned on Your compliance with These Terms. You have no other rights in This Website or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of This Website or Materials in any manner. If you make copies of any of This Website while engaging in Permitted Uses we require that You please keep all of Aarashi’s copyright and other proprietary notices as they appear on This Website.

Unauthorized Use of This Website, Acceptable Use Policy

We authorize Your limited use of This Website. Any other use of This Website beyond the Permitted Uses is prohibited and, therefore, constitutes unauthorized use of This Website. This is because all rights in This Website remain the property of Aarashi. Unauthorized use of This Website may result in violation of various Bangladesh and international copyright laws. We do not want that to happen and, therefore, We have given You examples of things to avoid in Our Acceptable Use Policy found here Aarashi Acceptable Use Policy. You must follow Aarashi’s Acceptable Use Policy whenever you use This Website or any services offered from This Website.

Terminating Your Use of This Website

We or You may terminate Your use of This Website at any time. Your use of This Website will automatically terminate in the event You breach any of These Terms. To clarify:

• Unless We otherwise agree with You in writing, We may terminate, suspend, or modify Your registration with, or access to, all or part of This Website, without notice, at any time and for any reason.

• You may discontinue Your access to and use of This Website at any time. In the event of an automatic termination for breach, You must immediately destroy any downloaded or printed materials (and any copies thereof).

Disclaimers

THIS WEBSITE IS PROVIDED "AS IS" AND "WITH ALL FAULTS" AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS WEBSITE IS WITH YOU. AARASHI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THIS WEBSITE, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. THIS MEANS THAT AARASHI DOES NOT PROMISE YOU THAT THE WEBSITE IS FREE OF PROBLEMS.

Without limiting the generality of the foregoing, Aarashi makes no warranty that This Website will meet your requirements or that This Website will be uninterrupted, timely, secure, or error free or that defects in This Website will be corrected. Aarashi makes no warranty as to the results that may be obtained from the use of This Website or as to the accuracy or reliability of any information obtained through This Website. No advice or information, whether oral or written, obtained by you through This Website or from Aarashi, its affiliated companies, or its or their suppliers (or the respective officers, directors, employees, or agents of any such entities) (collectively, "The Aarashi Parties") shall create any warranty. Aarashi disclaims all equitable indemnities.

Limitation of Liability

IN NO EVENT WILL ANY OF THE AARASHI PARTIES BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR (B) DAMAGES THAT ARE MORE THAN ONE THOUSAND BANGLADESH (BDT1000.00) TAKA IN TOTAL (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF REVENUES, LOST PROFITS, LOSS OF GOODWILL, LOSS OF USE, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES), ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE), WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY AND EVEN IF ANY AARASHI PARTY HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES. EXCLUSIONS AND LIMITATIONS:

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Therefore, some of the above disclaimers and limitations of liability may not apply to You. To the extent The Aarashi Parties may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the amount of The Aarashi Party's liability shall be limited to the minimum amount permitted under such applicable law.

Aarashi May Modify This Website

Aarashi reserves the right to modify, suspend, or discontinue This Website at any time without notice to You. We would, however, like You to be aware of the following: • Aarashi may make changes to the This Website, or to the products, services and prices described in This Website, at any time without notice. • This Website may be out of date and Aarashi makes no commitment whatsoever to update This Website. • Information published on This Website may refer to products, programs, or services that are not available in your country. We suggest You consult Your local Aarashi business contact for information regarding the products, programs and services that may be available to You via This Website.

Your Submission(s) to This Website

Certain areas of This Website (e.g., chat rooms, customer ratings, review areas, community and support forums) may permit You to submit feedback, information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials (each, a "User Submission"). You agree that You are solely responsible for all of your User Submissions and that any such User Submission is considered both non-confidential and non-proprietary. Further, Aarashi does not guarantee that You will have any recourse through Aarashi or any third party to edit or delete any User Submission You have submitted. By submitting any User Submission, You represent and warrant that:

• You are at least 13 years old;

• You own all rights in Your User Submissions (including, without limitation, all rights to the audio, video, or digital recording and the performance contained in your User Submissions) or, alternatively, You have acquired all necessary rights in Your User Submissions to enable You to grant to Aarashi the rights in Your User Submissions as described in These Terms;

• You have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your User Submissions;

• You are the individual pictured and/or heard in Your User Submissions or, alternatively, You have obtained permission from each person (including consent from parents or guardians for any individual under the age of eighteen (18)) who appears and/or is heard in Your User Submissions to grant the rights to Aarashi as described in These Terms;

• Your User Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;

• You voluntarily agree to waive all "moral rights" that you may have in your User Submission;

• Any information contained in your User Submission is not known by you to be false, inaccurate, or misleading;

• Your User Submission does not violate any Law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);

• Your User Submission is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another's privacy;

• You were not and will not be compensated or granted any consideration by any third party for submitting your User Submission;

• Your User Submission does not incorporate materials from a third party web site, or addresses, email addresses, contact information, or phone numbers (other than your own);

• Your User Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;

• Your User Submission does not contain any information that you consider confidential, proprietary, or personal; and

• Your User Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation. By submitting a User Submission, You grant to Aarashi an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, royalty-free license (sublicensable through multiple tiers) to:

• Use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display Your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed;

• Use, (and permit others to use) Your User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that Aarashi deems appropriate in its sole discretion (including, without limitation, to incorporate Your User Submission or any modification thereto, in whole or in part, into any technology, product, or service);

• Display advertisements in connection with Your User Submissions and to use Your User Submissions for advertising and promotional purposes.

Aarashi may, but is not obligated to, pre-screen User Submissions or monitor any area of This Website through which User Submissions may be submitted. Aarashi is not required to host, display, or distribute any User Submissions on or through This Website and may remove at any time or refuse any User Submissions for any reason. Aarashi is not responsible for any loss, theft, or damage of any kind to any User Submissions. Further, You agree that Aarashi may freely disclose your User Submission to any third party absent any obligation of confidence on the part of the recipient.

MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Returns Policy.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Links To Third-Party Websites

We think links are convenient, and so We have provided links on This Website to third-party websites. If You use these links, You will leave This Website. Aarashi is not obligated to review any third-party websites that You link to from This Website, does not control any of the third-party websites, and is not responsible for any of the third-party websites (or the products, services, or content available through any of them). Thus, Aarashi does not endorse or make any representations about such third-party websites, any information, software, products, services, 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 from This Website, You do so entirely at Your own risk and You shall be deemed subject to the privacy policies and terms and conditions for those third-party websites; These Terms are not applicable to Your use of any such third-party websites.

Electronic Communications

When you visit This Website or send e-mails to Aarashi, You are communicating with Aarashi electronically. We may respond to You by e-mail or by posting notices on This Website. You agree that all such notices, disclosures, and other communications that Aarashi provides to You electronically satisfy any legal requirement that such communications be in writing.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Aarashi and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Aarashi May Modify These Terms of Use

Aarashi may, in its sole and absolute discretion, change These Terms (including any other documents that are referenced in or linked to from These Terms) from time to time. Aarashi will post notice of such changes on This Website as applicable. If You object to any such changes, Your sole recourse shall be to cease using This Website. Continued use of This Website following notice of any such changes shall indicate Your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Certain provisions of These Terms may be superseded by expressly-designated legal notices or terms located on particular pages of This Website and, in such circumstances, the expressly-designated legal notice or term shall be deemed to be incorporated into These Terms and to supersede the provision(s) of These Terms that are designated as being superseded.

Revised May 2018