Terms of Service

1. USER AGREEMENT

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.

Please read this Agreement carefully and fully understand all of its sections, including the terms of Disclaimer of Warranty, Limitation of Liability, and Rights and Limitations, and choose to accept or not to accept this Agreement (minors should read this Agreement accompanied by legal guardian). DoCommerce may suspend or stop providing our Services to you if you do not comply with our terms or policies. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our Privacy Policy govern DoCommerce's relationship with you in relation to this website.

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.

2. TERMS OF USAGE OF OUR SERVICES

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 understand and agree that the Site is an application service product. You shall take full responsibilities for the authenticity, legality, accuracy and validity of your registration information;
  • You shall also be responsible for updating any changes in your registration information to keep it up to date;
  • You shall not post any information in the name of others; you shall not use registered accounts maliciously; otherwise, we reserve the right to suspend the Services and you shall fully bear all legal liability. We do not accept any responsibility or liability for any claims or loss arising from your actions.
  • You shall use the Site and Services in accordance with all applicable laws and take all responsibility for activities under your registered Accounts, including your statements and any loss or damage that may directly or indirectly arise from your statements. You should estimate the risks of the content on your own and take all risks from it, including the risk that lies on the correctness, integrity or practicability of the content. DoCommerce will not take any responsibility for any loss or damage that results from this behavior or activity;
  • You have the obligation to take good care of the registration information on the Site and are responsible for all the activities. You must immediately notify DoCommerce if you find any illegal or unauthorized activities. DoCommerce will not be liable for damages or losses arising from a user’s non-compliance with any of the provision(s) above;
  • All your statements on the Site are public information that any third party has access to. Any statement posted on the Site will be deemed as public information, and user should bear legal liability for this action. If you do not want any third party to have access your statements, please do not post them on the Site.

You shall also understand and hereby acknowledge the following:

  • The user accepts that in relation to business development, we may change, suspend, restrict, terminate or revoke the rights of our services at any time without notice;
  • We may include advertisements, etc. in our Services. You agree to the display of advertisements and other events from us or our related parties or partners while enjoying our Services;
  • We have the right to suspend, at our sole discretion or determination, any content that violates the laws and regulations in any jurisdiction or the terms of this Agreement; that infringes, prejudices, threatens any right or safety; or that impersonates others. We also retain the right to take proper legal actions, including but not limited to removing any illegal or infringing content, suspending the qualification of violators and saving relative information and reporting to relevant authorities based on the applicable laws and regulations;
  • Some of our Services have to be used with other networks, including but not limited to the DoCommerce (application) market and the DoCommerce theme market. You shall bear all the related communication fees or fees from any third party service providers. We strongly advise you to contact your providers for related fees if there are value-added services involved in your activities;
  • You hereby consent that DoCommerce may analyze your product information from you registered website with us to search for relevant products those might be provided to other DoCommerce users as they will need those to enable features offered by DoCommerce.
  • When you shop on the Site, you can only modify any of the following information for maintaining the account’s safety: Your name, address and password. If you need any help, please call customer service using the phone number you put in the order. Any call from any number other than in the order requires confirmation.
  • Privacy Policy. All information provided by you will be governed by the terms of the Privacy Policy. The terms of the Privacy Policy forms part of this Agreement, and will be binding on you at all times. The Privacy Policy can be viewed at https://www.docommerce.com/privacy-policy

3. USER CONTENT

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:

  • that is known by you to be false, inaccurate or misleading;
  • that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
  • that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
  • that is or may reasonably be considered to be defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
  • for which you were compensated or granted any consideration by any third party;
  • that includes any information that references other websites, addresses, email addresses, contact information or phone numbers;
  • that contains any computer viruses or malicious programs, worms or other potentially damaging computer programs or files.

4. YOUR ACCOUNT

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:

  • Fraudulent purposes in connection with a criminal offence or otherwise unlawful activity
  • To send, use or re-use any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any spam
  • To cause annoyance, inconvenience or needless anxiety

5. RIGHTS AND OBLIGATIONS

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:

  • Opposing the basic principles determined in the applicable Constitution and other regulations;
  • Endangering national security, leaking state secrets, subverting the government, and undermining national unity;
  • Harming national honor and interests;
  • Inciting ethnic hatred or ethnic discrimination, and undermining national unity;
  • Undermining national religious policy, promoting cults and superstitions;
  • Spreading rumor, disturbing social order, undermining social stability;
  • Spreading obscenity, pornography, gambling, violence, murder, terrorism or instigating others to commit crimes;
  • Insulting or slandering others, infringing upon the legal rights and interests of others;
  • All other content prohibited by the administrative regulations and laws.

6. THIRD PARTY

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.

Our Privacy Policy does not apply to products or services offered by a third party. Depending on the DoCommerce’s product or service you use, it may incorporate a third parties' products or services involving voice support, camera processing, video playback, system cleaning and security related services, gaming, statistics, social media interaction, payment processing, map navigation, sharing, push, information filtering, input methods, etc. Some of these will be provided in the form of links to third parties' websites, and some will be accessed in the form of SDKs, APIs, etc. Your information may also be collected when you use these products or services. For this reason, we strongly suggest that you take the time to read the third party's privacy policy just like you read ours. We are not responsible for and cannot control how third parties use personal information which they collect from you. Our Privacy Policy does not apply to other sites linked from our services.

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 a third party check-out service provider to finalize and pay for your order, the personal information that you provide during check out is handled in accordance with the third party's privacy policy.

When you use the advertising services in several specific applications of DoCommerce, one of the following will apply, depending on your choice of service:

When you use the Google Input Method, the Google Privacy Policy applies: https://policies.google.com/privacy

7. LIABILITY FOR OUR SERVICES

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.

8. PAYMENT SETTLEMENT AND DELIVERY OF PRODUCTS

  • DoCommerce allows payment with a limited number of Debit Cards and Credit Cards. The transactions will be executed by an appointed "Payment Gateway". The Payment Gateway is a separate organization that will collect your payment and forward it to the processing bank for further execution. The Payment Gateway will be responsible for executing all transactions with your banks or financial institutes.
  • In order to be able to buy over DoCommerce you need to register first. DoCommerce guarantees the price as of the purchase day will remain valid till delivery date. That means if the price increases or decreases after your order, you will not be charged for price increment or returned any amount for price decrement from the order price.
  • After you will have selected your product(s), you will have to provide your delivery details. After confirming your delivery details, you will be taken to another page to enter your payment information. Please note that this payment page is owned, managed and maintained by the individual payment processing banks.
  • All information related to your Card/Bank Account will be exclusively dealt by the Payment Gateway and the Bank. DoCommerce will not ask for your payment information in its site nor does it retain your payment information. The use of your credit/debit card or account to account transfer services is governed by the agreed terms and conditions between you and your bank.
  • For any unsuccessful payment request, you must contact your Card issuing Bank or the Bank in which you maintain your account. For any other payment related queries, please also contact your bank.
  • Please note that once you confirm your payment, you will not be able to cancel your order.
  • For any reasons whatsoever, if DoCommerce or its authorized Partners failed to deliver you the ordered product or services, you will get the refund as per the timeline agreed by your respective Bank. However, it may take 14 (fourteen) working days for refund to your Credit Card or Debit Card or Bank Account or through cheque.
  • There can be a situation where some technical problems may occur which are completely unintentional and due to this situation, your payment may be deducted but DoCommerce may not receive confirmation & consequently delivery of your desired product may be delayed. In such case please inform DoCommerce about the incident with your order number and detail of product selections. After validating your complaints, DoCommerce or its authorized representatives will deliver you the order product as early as possible.
  • DoCommerce will be using third party delivery organization/person to deliver your ordered product at your given details. Cost of delivery will be at actual basis and borne by the buyer. Such delivery cost will be added with the particular product price at the time of selection of product for ordering. and shall be paid upon buyer select and order a particular product. For any unwanted accident or uncontrolled or unintentional incidents this may be delayed. As a responsible organization, we will try our level best to deliver you the product by 7 (seven) working days. This time period may differ in case of any unavoidable circumstances.
  • If the Buyer enters incorrect personal data or the residence address or Shipping address during the purchase process, DoCommerce shall not be liable for non-delivery of goods.

9. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

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:

  • Provision of your personal information requested by government departments or the laws;
  • Disclosure of private information caused by your negligent actions;
  • Any circumstances caused by suspension, breakdown and so on that result from the hacking, virus invasion, blockings due to illegal and harassing content, government control or any other reasons related to network, technique, communication line and information security management;
  • Losses to the users because of any third party, such as the communication line breakdown, technical problems, the network and computer breakdown, and other cases of force majeure;
  • Risks come from threat, defamation, offensive or illegal information that are caused by anonymous or percolation through the Site or DoCommerce products and services;
  • Any psychological or physical damage or economic losses due to misleading or deceiving when you interact with others through the Site or Services.
  • The Site or DoCommerce products and services expressively declare that we do not guarantee timeliness, security and accuracy of the Services expressly, impliedly or in other forms.

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.

10. INTELLECTUAL PROPERTY

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 (info@docommerce.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.

11. MODIFICATION AND TERMINATION

Modified Terms
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.

Termination
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.

12. ADDITIONAL TERMS

Feedback
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.

Privacy Policy
Please review our Privacy Policy, it has equivalent rights with and is indivisible with this Agreement.

Notification
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.

Applicable Law
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.

Independence
If some provisions of this Agreement cannot be applied for some reasons, they will be revised to apply legally; and other provisions remain applicable.

Integrality
This Agreement (including the Privacy Policy) is the ultimate, integral and exclusive agreement between you and DoCommerce, in relation to any matter relating to the Site and DoCommerce products and services.

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.

13. CONTACT US

Address: DoCommerce
Flat 5, House 881, Road 12, Avenue 2
Mirpur DOHS, Dhaka
Tel: +880-9613919293
E-mail: support@docommerce.com