MARKETPLACE TERMS AND CONDITIONS
Last updated: 2022-03-27
1. Introduction
Welcome to Xarazo Marketplace. These Terms of Service govern your use of our website located at xarazo.com (together or individually “Service”) operated by Xarazo Marketplace. Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our web pages.
*Your agreement with
us includes these Terms and our Privacy Policy (“Agreements”). You acknowledge
that you have read and understood Agreements, and agree to be bound of them.
If you do not agree with (or
cannot comply with) Agreements, then you may not use the Service, but please
let us know by emailing at support@xarazo.com so we can try to find a
solution. These Terms apply to all visitors, users and others who wish to
access or use Service.
2. Communications
By using our Service, you agree to
subscribe to newsletters, marketing or promotional materials and other
information we may send. However, you may opt out of receiving any, or all, of
these communications from us by following the unsubscribe link or by emailing
at support@xarazo.com.
3. Purchases
If you wish to
purchase any product or service made available through Service (“Purchase”),
you may be asked to supply certain information relevant to your Purchase
including but not limited to, your credit or debit card number, the expiration
date of your card, your billing address, and your shipping information.
You represent and
warrant that: (i) you have the legal right to use any card(s) or other payment
method(s) in connection with any Purchase; and that (ii) the information you
supply to us is true, correct and complete.
We may employ the use
of third party services for the purpose of facilitating payment and the
completion of Purchases. By submitting your information, you grant us the right
to provide the information to these third parties subject to our Privacy Policy.
We reserve the right
to refuse or cancel your order at any time for reasons including but not
limited to: product or service availability, errors in the description or price
of the product or service, error in your order or other reasons.
We reserve the right
to refuse or cancel your order if fraud or an unauthorized or illegal
transaction is suspected.
4. Contests, Sweepstakes and
Promotions
Any contests,
sweepstakes or other promotions (collectively, “Promotions”) made available
through Service may be governed by rules that are separate from these Terms of
Service. If you participate in any Promotions, please review the applicable
rules as well as our Privacy Policy. If the rules for a Promotion conflict with
these Terms of Service, Promotion rules will apply.
5. Subscriptions
Some parts of Service
are billed on a subscription basis ("Subscription(s)"). You will be
billed in advance on a recurring and periodic basis ("Billing
Cycle"). Billing cycles will be set depending on the type of subscription
plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Xarazo Marketplace cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting support@xarazo.com customer support team.
A valid payment method is required to process the payment for your subscription. You shall provide Xarazo Marketplace with accurate and complete billing information that may include but not limited to full name, address, state, postal or zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Xarazo Marketplace to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to
occur for any reason, Mala Marketplace reserves the right to
terminate your access to the Service with immediate effect.
6. Free Trial
Xarazo Marketplace may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial"). You may be required to enter your billing information in order to sign up for Free Trial.
If you do enter your billing information when signing up for Free Trial, you will not be charged by Xarazo Marketplace until Free Trial has expired. On the last day of Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.
At any time and without
notice, Xarazo Marketplace reserves the right to (i) modify Terms of
Service of Free Trial offer, or (ii) cancel such Free Trial offer.
7. Fee Changes
Xarazo Marketplace, in its sole discretion and at any time, may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the current Billing Cycle.
Xarazo Marketplace will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of
Service after Subscription fee change comes into effect constitutes your
agreement to pay the modified Subscription fee amount.
8. Refunds
We issue refunds for any product or any service within 20 days from the original purchase date of the product or service.
9. Content
Our Service allows
you to post, link, store, share and otherwise make available certain
information, text, graphics, videos, or other material (“Content”). You are
responsible for Content that you post on or through Service, including its
legality, reliability, and appropriateness.
By posting Content on
or through Service, You represent and warrant that: (i) Content is yours (you
own it) and/or you have the right to use it and the right to grant us the
rights and license as provided in these Terms, and (ii) that the posting of
your Content on or through Service does not violate the privacy rights,
publicity rights, copyrights, contract rights or any other rights of any person
or entity. We reserve the right to terminate the account of anyone found to be
infringing on a copyright.
You retain any and
all of your rights to any Content you submit, post or display on or through
Service and you are responsible for protecting those rights. We take no
responsibility and assume no liability for Content you or any third party posts
on or through Service. However, by posting Content using Service you grant us
the right and license to use, modify, publicly perform, publicly display,
reproduce, and distribute such Content on and through Service. You agree that
this license includes the right for us to make your Content available to other
users of Service, who may also use your Content subject to these Terms.
Xarazo Marketplace has the right but not the obligation to monitor and edit all Content provided by users.
In addition, Content found on or through this Service are the property of XARAZO Marketplace or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
10. Prohibited Uses
You may use Service
only for lawful purposes and in accordance with Terms. You agree not to use
Service:
0.1. In any way that
violates any applicable national or international law or regulation.
0.2. For the purpose
of exploiting, harming, or attempting to exploit or harm minors in any way by
exposing them to inappropriate content or otherwise.
0.3. To transmit, or
procure the sending of, any advertising or promotional material, including any
“junk mail”, “chain letter,” “spam,” or any other similar solicitation.
0.4. To impersonate
or attempt to impersonate Company, a Company employee, another user, or any
other person or entity.
0.5. In any way that
infringes upon the rights of others, or in any way is illegal, threatening,
fraudulent, or harmful, or in connection with any unlawful, illegal,
fraudulent, or harmful purpose or activity.
0.6. To engage in any
other conduct that restricts or inhibits anyone’s use or enjoyment of Service,
or which, as determined by us, may harm or offend Company or users of Service
or expose them to liability.
Additionally, you
agree not to:
0.1. Use Service in
any manner that could disable, overburden, damage, or impair Service or
interfere with any other party’s use of Service, including their ability to
engage in real time activities through Service.
0.2. Use any robot,
spider, or other automatic device, process, or means to access Service for any
purpose, including monitoring or copying any of the material on Service.
0.3. Use any manual
process to monitor or copy any of the material on Service or for any other
unauthorized purpose without our prior written consent.
0.4. Use any device,
software, or routine that interferes with the proper working of Service.
0.5. Introduce any
viruses, trojan horses, worms, logic bombs, or other material which is
malicious or technologically harmful.
0.6. Attempt to gain
unauthorized access to, interfere with, damage, or disrupt any parts of
Service, the server on which Service is stored, or any server, computer, or
database connected to Service.
0.7. Attack Service
via a denial-of-service attack or a distributed denial-of-service attack.
0.8. Take any action
that may damage or falsify Company rating.
0.9. Otherwise
attempt to interfere with the proper working of Service.
11. Analytics
We may use
third-party Service Providers to monitor and analyze the use of our Service.
12. No Use By Minors
Service is intended
only for access and use by individuals at least eighteen (18) years old. By
accessing or using Service, you warrant and represent that you are at least
eighteen (18) years of age and with the full authority, right, and capacity to
enter into this agreement and abide by all of the terms and conditions of
Terms. If you are not at least eighteen (18) years old, you are prohibited from
both the access and usage of Service.
13. Accounts
When you create an
account with us, you guarantee that you are above the age of 18, and that the
information you provide us is accurate, complete, and current at all times.
Inaccurate, incomplete, or obsolete information may result in the immediate
termination of your account on Service.
You are responsible
for maintaining the confidentiality of your account and password, including but
not limited to the restriction of access to your computer and/or account. You
agree to accept responsibility for any and all activities or actions that occur
under your account and/or password, whether your password is with our Service
or a third-party service. You must notify us immediately upon becoming aware of
any breach of security or unauthorized use of your account.
You may not use as a
username the name of another person or entity or that is not lawfully available
for use, a name or trademark that is subject to any rights of another person or
entity other than you, without appropriate authorization. You may not use as a
username any name that is offensive, vulgar or obscene.
We reserve the right
to refuse service, terminate accounts, remove or edit content, or cancel orders
in our sole discretion.
14. Intellectual Property
Service and its original content
(excluding Content provided by users), features and functionality are and will
remain the exclusive property of Xarazo Marketplace and its licensors.
Service is protected by copyright, trademark, and other laws of and
foreign countries. Our trademarks may not be used in connection with any
product or service without the prior written consent of Xarazo Marketplace.
15. Copyright Policy
We respect the
intellectual property rights of others. It is our policy to respond to any
claim that Content posted on Service infringes on the copyright or other
intellectual property rights (“Infringement”) of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to support@xarazo.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”
You may be held
accountable for damages (including costs and attorneys’ fees) for
misrepresentation or bad-faith claims on the infringement of any Content found
on and/or through Service on your copyright.
16. DMCA Notice and Procedure
for Copyright Infringement Claims
You may submit a
notification pursuant to the Digital Millennium Copyright Act (DMCA) by
providing our Copyright Agent with the following information in writing (see 17
U.S.C 512(c)(3) for further detail):
0.1. an electronic or
physical signature of the person authorized to act on behalf of the owner of
the copyright’s interest;
0.2. a description of
the copyrighted work that you claim has been infringed, including the URL
(i.e., web page address) of the location where the copyrighted work exists or a
copy of the copyrighted work;
0.3. identification
of the URL or other specific location on Service where the material that you
claim is infringing is located;
0.4. your address,
telephone number, and email address;
0.5. a statement by
you that you have a good faith belief that the disputed use is not authorized
by the copyright owner, its agent, or the law;
0.6. a statement by
you, made under penalty of perjury, that the above information in your notice
is accurate and that you are the copyright owner or authorized to act on the
copyright owner’s behalf.
You can contact our Copyright
Agent via email at copyright_support@xarazo.com.
17. Error Reporting and
Feedback
You may provide us either directly
at support@xarazo.com or via third party sites and tools with information
and feedback concerning errors, suggestions for improvements, ideas, problems,
complaints, and other matters related to our Service (“Feedback”). You
acknowledge and agree that: (i) you shall not retain, acquire or assert any
intellectual property right or other right, title or interest in or to the
Feedback; (ii) Company may have development ideas similar to the Feedback;
(iii) Feedback does not contain confidential information or proprietary
information from you or any third party; and (iv) Company is not under any
obligation of confidentiality with respect to the Feedback. In the event the
transfer of the ownership to the Feedback is not possible due to applicable
mandatory laws, you grant Company and its affiliates an exclusive,
transferable, irrevocable, free-of-charge, sub-licensable, unlimited and
perpetual right to use (including copy, modify, create derivative works,
publish, distribute and commercialize) Feedback in any manner and for any
purpose.
18. Links to Other Web Sites
Our Service may contain links to
third party web sites or services that are not owned or controlled by Xarazo Marketplace.
Xarazo Marketplace has no
control over, and assumes no responsibility for the content, privacy policies,
or practices of any third party web sites or services. We do not warrant the
offerings of any of these entities/individuals or their websites.
YOU ACKNOWLEDGE AND
AGREE THAT COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY,
FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH
USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR
THROUGH ANY SUCH THIRD PARTY WEB SITES OR SERVICES.
* WE STRONGLY ADVISE
YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD PARTY WEB
SITES OR SERVICES THAT YOU VISIT.
19. Disclaimer of Warranty
THESE
SERVICES ARE PROVIDED BY COMPANY ON AN “AS IS” & “AS AVAILABLE” BASIS.
COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS
INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR
CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.
NEITHER
COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR
REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY,
QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE
FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR
WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED
THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED,
THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES
OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR
NEEDS OR EXPECTATIONS.
COMPANY
HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY,
OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY,
NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE
FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED
UNDER APPLICABLE LAW.
20. Limitation of Liability
EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS,
DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’
FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT
TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS
INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS
ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING
WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING
FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL
LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED
OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS
LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID
FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE
CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
21. Termination
We may terminate or
suspend your account and bar access to Service immediately, without prior
notice or liability, under our sole discretion, for any reason whatsoever and
without limitation, including but not limited to a breach of Terms.
If you wish to terminate
your account, you may simply discontinue using Service.
All provisions of
Terms which by their nature should survive termination shall survive
termination, including, without limitation, ownership provisions, warranty
disclaimers, indemnity and limitations of liability.
22. Governing Law
These Terms shall be governed and construed in accordance with the laws of Bangladesh, which governing law applies to agreement without regard to its conflict of law provisions.
Our failure to
enforce any right or provision of these Terms will not be considered a waiver
of those rights. If any provision of these Terms is held to be invalid or
unenforceable by a court, the remaining provisions of these Terms will remain
in effect. These Terms constitute the entire agreement between us regarding our
Service and supersede and replace any prior agreements we might have had
between us regarding Service.
23. Changes To Service
We reserve the right
to withdraw or amend our Service, and any service or material we provide via
Service, in our sole discretion without notice. We will not be liable if for
any reason all or any part of Service is unavailable at any time or for any
period. From time to time, we may restrict access to some parts of Service, or
the entire Service, to users, including registered users.
24. Amendments To Terms
We may amend Terms at
any time by posting the amended terms on this site. It is your responsibility
to review these Terms periodically.
Your continued use of
the Platform following the posting of revised Terms means that you accept and
agree to the changes. You are expected to check this page frequently so you are
aware of any changes, as they are binding on you.
By continuing to
access or use our Service after any revisions become effective, you agree to be
bound by the revised terms. If you do not agree to the new terms, you are no
longer authorized to use Service.
25. Waiver And Severability
No waiver by Company
of any term or condition set forth in Terms shall be deemed a further or
continuing waiver of such term or condition or a waiver of any other term or
condition, and any failure of Company to assert a right or provision under
Terms shall not constitute a waiver of such right or provision.
If any provision of
Terms is held by a court or other tribunal of competent jurisdiction to be
invalid, illegal or unenforceable for any reason, such provision shall be
eliminated or limited to the minimum extent such that the remaining provisions
of Terms will continue in full force and effect.
26. Acknowledgement
BY USING SERVICE OR
OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS
OF SERVICE AND AGREE TO BE BOUND BY THEM.
27. Contact Us
Please send your feedback,
comments, requests for technical support by email: support@xarazo.com.