Terms & Conditions
Last update: 12 January, 2021
1. Account Terms
- To access and use the Services, you must register for a edokan account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. edokan may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
- You must be the older of: (i) 18 years, or (ii) at least the age of majority in the jurisdiction where you reside and from which you use the Services to open an Account.
- You confirm that you are receiving any Services provided by edokan for the purposes of carrying on a business activity and not for any personal, household or family purpose.
- You acknowledge that edokan will use the email address you provide on opening an Account or as updated by you from time to time as the primary method for communication with you.
- You are responsible for keeping your password secure. edokan cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
- You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account (“Materials”).
- A breach or violation of any term in the Terms of Service, including the AUP, as determined in the sole discretion of edokan may result in an immediate termination of your Services.
2. General Conditions
- Technical support is only provided to paying Account holders and is only available via email.
- The Terms of Service shall be governed by and interpreted in accordance with the laws of Bangladesh without regard to its conflict of law provisions. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Bangladesh with respect to any dispute or claim arising out of or in connection with the Terms of Service. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.
- You acknowledge and agree that edokan may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on the edokan website, and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to the edokan website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.
- You may not use the edokan service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws) as well as the laws of Bangladesh.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by edokan.
- You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use edokan or edokan trademarks and/or variations and misspellings thereof
- You understand that your Store Content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.
3. Limitation of Liability
- You expressly understand and agree that edokan shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages,
- including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
- In no event shall edokan or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, edokan partners, officers, directors, agents, 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 it incorporates by reference, or your violation of any law or the rights of a third party.
- Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
- edokan does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
- edokan does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
- edokan does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
4. Intellectual Property and Customer Content
- We do not claim any intellectual property rights over the material you provide to the edokan service. All material you upload remains yours. You can remove your edokan store at any time by deleting your Account.
- By uploading Store Content, you agree: (a) to allow other internet users to view your Store Content; (b) to allow edokan to display and store your Store Content; and (c) that edokan can, at any time, review all the Store Content submitted by you to its Service.
- You retain ownership over all Store Content that you upload to a edokan store; however, by making your store public, you agree to allow others to view your Store Content. You are responsible for compliance of Store Content with any applicable laws or regulations.
- We will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any materials or information provided by you to us which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.
5. Payment of Fees
- The service will be billed in 30 day intervals. When your billing period is over the Account Owner will be sent an invoice via the email provided. As well, an invoice will appear on the Account page of your edokan administration console. Users have approximately two weeks to bring up and settle any issues with the billing.
- All fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”).
- edokan does not provide refunds.
- Plugin price will be charged separately according to plugin pricing details of that time. If a plugin remains active once in a month, it’ll be charged for that month.
6. Modifications to the Service and Prices
- Prices for using the Services are subject to change upon 15 days notice from edokan. Such notice may be provided at any time by posting the changes to the edokan or the administration menu of your edokan store via an announcement.
- edokan reserves the right at any time, and from time to time, to modify or discontinue, the Service (or any part thereof) with or without notice.
- edokan shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
** Some Other Points
- We will provide to You access to those Services to which You subscribe or that You purchase through Your Account (the “Purchased Services”).
- Some of Our Services are offered through plans. The fees for each plan, and their applicable terms and limits, are described on Our website. Certain plans may have limitations, and We reserve the right to charge an overage fee for exceeding such limitations at then current list prices, or to automatically move You to a plan with limits that exceed Your usage.
- We reserve the right to quarantine one or more of Your Sites, throttle traffic or invoke other necessary techniques to protect Our other customers. Any such move will last as long as We deem necessary to protect Our other customers, and will not include any additional support. If any of Your Sites is the target of a DDoS or other attack, You consent to Us performing mitigation procedures with or without notice to You and without liability for any delay, disruption or interruption of service. These techniques will remain in place until Your Site experiences at least 48 hours of continuous non-malicious, “normal” traffic.
- We may suspend the Purchased Services to You with or without notice and without liability if: (a) We reasonably believe that You are using the Services in violation of the Agreement; (b) You don’t cooperate with Our reasonable investigation of any suspected violation of the Agreement; (c) there is an attack on Your Sites or Your Sites are accessed or manipulated by a third party without Your consent, (d) We are required by law, or a regulatory or government body, to suspend Your Services; or (e) there is another event for which We reasonably believe that the suspension of Services is necessary to protect Our other customers. We will use commercially reasonable efforts to give You advance notice of any such suspension unless We determine that a suspension on shorter notice or without notice is necessary to protect Us or Our other customers from imminent risk.
- Our Services allow You and Your End Users to upload, post, transmit, publish, share, store, or manage content, including, data, graphics, links, photos, music, sound, messages, videos and other materials (altogether, “Your Content”). You are solely responsible for any and all of Your Content. You represent and warrant that (i) You have all necessary rights to distribute Your Content via Our Services and (ii) Your Content does not violate the rights of any third party. You hereby grant Us a worldwide, royalty-free, non-exclusive license to host and use Your Content in order to provide the Services to You. You are responsible for undertaking necessary measures to ensure the security, confidentiality and integrity of all Your Content transmitted through or stored on Our servers. You are responsible for any of Your Content that may be lost or unrecoverable through Your use of the Services.
- Our servers are not an archive and We shall have no liability to You or any other person for loss, damage or destruction of any of Your Sites or Your Content. You are solely responsible for the backup of Your Sites and Your Content. You are encouraged to archive Your Content regularly and frequently.
- Many third party services can be connected with us through the plugin system. We are not liable to services given by 3rd party comapnies.
- Edokan has the full right to provide required data to the Government or security authority if they ask for.