FIND YOUR PERFECT LIFE PARTNER

Terms, Conditions and Refund Policy of Membership in BanglaNikah.com

Welcome to BanglaNikah.com

These Terms and Conditions (“Terms”) are published for access or usage of “www.BanglaNikah.com”, in the form of website or in any form including mobile versions or applications (the “Website”). Also called as BANGLANIKAH.

The Website is a subsidiary and operated by SkyExpress International Private Limited, (SIPL) a Company incorporated under the laws of Bangladesh.

Incorporation Number: XXXXXXXXXXXXXXXXX

Registered Address: House # 05, Road # 11, Sector # 1, Uttara, Dhaka-1230.

To use the services of the Website you agree to register and sign-in and you agree to be bound by these Terms. These Terms therefore govern your access to and use of the services and forms a binding legal agreement between you and BANGLANIKAH. Please read these Terms very carefully before using the Website. If you do not want to be bound by these Terms, you must not use the Website. These Terms also include the applicable policies which are incorporated herein by way of reference and as amended from time to time. The Terms may be altered by BANGLANIKAH from time to time, at its sole discretion.

In these Terms, references to “End User” shall include the end user using and / or accessing the Website. The purpose of this Website is to serve as a platform which connects marriage prospects (“Registrants”). End Users may be persons looking for marriage prospects or may also include the following relations of Registrants: father, mother, brother, sister, relative or a friend. The term “you” is used to mean “End User”.

Scope:

A.       Each End User understands and acknowledges that BANGLANIKAH acts as a "Service Provider " as defined under clause (1) sub-clause (v) of Section 2 of the Digital Security Act, 2018 and shall be entitled for immunity by virtue of Section 38 of the said Act and not be liable under the said Act or relevant Rules.

B.       BANGLANIKAH acts as a platform to enable End Users to themselves register on it (by filling the mandatory fields and optional fields, if any) to voluntarily search for profile(s) from the database of BANGLANIKAH's registered users, for seeking lawful matrimonial alliances for themselves or if they are not the End Users then, on behalf of the Registrants. The profiles in the database of BANGLANIKAH are classified broadly on the basis of language and region for the ease and convenience of the End Users. End Users are provided with free / paid access for searching profiles from the database of BANGLANIKAH, as per the partner preference set by them (on the Website) and can shortlist the profiles in which they are interested. Use of the BANGLANIKAH Services is limited to parties that can lawfully enter into and form contracts under applicable law, the eligibility of which is provided in the next Clause 1.

1. Eligibility:

A. To register as an End User of the Website or use this Website, you must be of legal age to enter into a contract as per the Bangladeshi Contract Act, 1872 and the Bangladeshi Majority Act, 1875 (currently 18 years of age) and you represent and warrant that you are neither prohibited nor disqualified by any law in force, to which you are subject to, from entering into a contract and have the right, authority, and legal capability to enter into this agreement.

B.       Each End User must ensure that he / she or the Registrant is a:

i.        Citizen of Bangladesh; or

ii.       Person of Bangladeshi Origin; or

iii.       Non-Resident Bangladeshi; or

iv.       Person of Bangladeshi Descent or Heritage; or

v.       Person who intends to marry a person of Bangladeshi Origin.

C.       Further each End User confirms that he / she is or shall ensure that the Registrant is:

i)Of legally marriageable age as per the laws of Bangladesh which is 18 years or above (for a female) or 21 years or above (for a male).

ii)A female under 18 years, with permission to marry from parents and a court.

D.       If you or the Registrant has applied for Divorce, you shall register on the Website by clearly stating "Awaiting Divorce" during registration.

E.       In case you are registering on behalf of the Registrant and created profile(s) in the Website on their behalf or if you are accessing the Website on their behalf, you represent and warrant that you have taken such Registrant's consent for their profile creation and for accessing the Website.

2. Registration

A.       You must complete the registration process to use the BANGLANIKAH Services. BANGLANIKAH expects that you would complete the registration process with fairness and honesty in furnishing true, accurate, current, complete information and with providing recent photos of you / Registrant which will help you to meet your parameters. As a part of registration, you shall provide us with your or Registrant's full name, address, date of birth, phone number, e-mail address and any other related information / documents as requested by us from time to time.

B.       You shall read the relevant column before keying in the details or selecting the option available or uploading the photo. You are requested not to key in details of the profile in field(s) other than the applicable field (including mentioning user IDs / profile IDs of other platforms / websites / apps or repeating your details in another fields, after filling them once in the relevant fields or photographs of third persons. BANGLANIKAH also reserves the right to block the registration of your profile on the Website, if any, in the case of your contact details/links being entered in irrelevant fields or if there are errors in any data entered by the End Users in their profile. Registration of duplicate profiles of the same person is not allowed in the Website. BANGLANIKAH shall have full right to suspend or terminate (without any notice) such duplicate profile or if it becomes obvious that you have provided false and misleading information in the relevant fields

C.       You may contact us through our Helpline Number- 01339536262 (regular call tariff applicable) and Operating address -         House # 05, Road # 11, Sector # 1, Uttara, Dhaka-1230. (during office hours only i.e. hours between 9am to 6pm, Saturday to       Thursday - Excluding Government Holidays) to get assistance in getting your profile registered on the Website.

D.       End Users agree that they will not have any claim against BANGLANIKAH for any delay in posting his / her or the Registrant's information on the Website due to any technical reasons.

E.       Newly created profile(s) will be checked for correctness and may be immediately activated after quality declaration and / or verification by BANGLANIKAH, including requiring the End Users to provide additional documents to verify identity, if required. BANGLANIKAH reserves full rights to discontinue, deactivate, or terminate a profile (without any notice) and forfeit any amount paid by you towards membership fee and refuse to provide BANGLANIKAH service to you thereafter, if at any point of time BANGLANIKAH comes to know or discovers after investigation that any information provided by you for registration (including photos) or otherwise is found to be untrue, inaccurate, or incomplete or if the contents or material or information of such profile are unlawful / illegal, objectionable, not acceptable and / or if it contains violent language or inappropriate material. BANGLANIKAH will not be held responsible for any loss or damage resulting from discontinuation of the service(s). BANGLANIKAH will also not be responsible for any damage caused due to others accessing your profile.

F.       Further you may fill in your email id and phone number in any of BANGLANIKAH's registration campaigns appearing in various websites as part of BANGLANIKAH's advertisements, on the basis of which you agree to receive calls from BANGLANIKAH's customer service centre to get assisted in getting your profile registered on BANGLANIKAH's Website.

G.       You acknowledge and confirm that your registration with BANGLANIKAH and the usage of BANGLANIKAH services / Website is with the bona fide intention of your marriage / Registrant's marriage and not meant to encourage and / or promote illicit sexual relations or extra marital affairs or to create any online nuisance with other account holders or to engage in any activity that is illegal or unlawful under the applicable laws. If BANGLANIKAH discovers or becomes aware that any End User is using this Website to promote or engage or indulge in illicit sexual relations or extra marital affairs or engaging in any activity that is illegal or unlawful under the applicable laws, your membership will be terminated forthwith without any refund and without any liability to BANGLANIKAH. BANGLANIKAH's discretion to terminate shall be final and binding. BANGLANIKAH may, at its discretion, also initiate legal action, as appropriate, against you.

H.     The Website is restricted strictly to the personal use of End Users / Registrants only and may not be used in connection with any commercial endeavours including providing unauthorized framing of or links to other websites, whether deemed competitive to BANGLANIKAH or otherwise. Organizations, companies, businesses and / or individuals carrying on similar or competitive business cannot become End Users or use BANGLANIKAH services or End Users data or Website for any purpose. You shall not use the BANGLANIKAH services or Website for any illegal and / or unauthorized purpose. In case of using the Website in the above manner you will be investigated and BANGLANIKAH reserves its right to initiate appropriate legal action including without limitation, civil, criminal, and injunctive redress for breach of these obligation.

I.       The Website shall not be further used for purposes other than what is contemplated herein including collecting usernames, email IDs or other information of End Users and / or Registrants for the purpose of commercial exploitation like sending unsolicited emails, spamming, phishing etc.

3. Account Security

A.       You are solely responsible for maintaining the security and safeguarding the confidentiality of your BANGLANIKAH login credentials such as your user id, password, OTP, etc., and for restricting access to your computer / mobile to prevent unauthorized access to your account.

B.       Any password generated may be used only during the term of the membership of BANGLANIKAH services to access your account to use BANGLANIKAH services, including electronically accepting your transactions and reviewing your completed transactions. You may not disclose your password to any third party (other than third parties authorized by you to use your account in accordance with these Terms) and are solely responsible for any use of or action taken using your password. If your password is compromised, you must immediately notify BANGLANIKAH of such incident and change your password. BANGLANIKAH does not ask for passwords or OTPs and you are cautioned not to share your passwords or OTPs to any person. You agree to accept responsibility for all activities that occur under your account.

C.       BANGLANIKAH shall not be held liable for any loss or damage arising from your failure to meet your obligation under this Clause.

4.Role and Responsibility of BANGLANIKAH

A.       BANGLANIKAH reproduces details you uploaded on its Website on "as is as available" basis once you register, and also share your / Registrant's profile with other End Users within any of SIPL's websites, including www.BanglaNikah.com.

B.       BANGLANIKAH's only obligation is to provide an interface to End Users to search for prospects themselves or for Registrants without any assistance. BANGLANIKAH in no way guarantees the genuineness of the information provided by End Users.

C.       The profile search conducted by any End User and the matches shown thereof are automatically generated by BANGLANIKAH and based on the partner preference set by you. In the event of End User changing their partner preference on the Website, then the automated system-generated prospect results of the Website may also undergo corresponding change.

D.       For providing services, BANGLANIKAH may also enable third parties to provide its services on the Website such as horoscope, matching, etc. and each End User hereby gives his / her consent to BANGLANIKAH to enable such third party services in terms hereof. BANGLANIKAH may also collect the payment for such third party services from you, and BANGLANIKAH in this regard may have revenue sharing arrangement with such third party. Each End User agrees that in no event shall BANGLANIKAH be liable to you for any liability arising out of provision of such third party services.

E.       All information collected and / or provided by or received from End Users may be retained, stored, preserved, published on BANGLANIKAH servers located at Mumbai, India and shall be provided to the relevant authorities by BANGLANIKAH and / or SIPL, if applicable, for the purposes of investigation as stipulated under all the applicable laws of the relevant jurisdictions, including, Bangladeshi Digital Security Act, 2018 and / or rules made thereunder.

F.       All data, electronic records, electronic mails, electronic signature, and any other information electronically provided by and / or collected from End Users may be retained, stored, preserved, published, and provided to the relevant authorities by BANGLANIKAH and / or SIPL for the purposes of investigation as stipulated under all the applicable laws of the relevant jurisdictions, including, the Bangladeshi Information and Communication Technology Act, 2006 and / or rules made thereunder.

G.       BANGLANIKAH does not prohibit other End User(s) from sending interest to your profile or communicating to you based on their partner preference. But you are at the liberty to deny their interest or proceed further if you are interested. BANGLANIKAH cannot guarantee that you will receive responses and you agree and acknowledge that BANGLANIKAH shall not be held responsible for absence of replies from other End User(s). In such cases, BANGLANIKAH shall not give any refunds or credits.

H.       BANGLANIKAH cannot guarantee or assume responsibility for any specific results from the use of the data available from the BANGLANIKAH service(s).

I.       BANGLANIKAH shall safeguard sensitive user information using security standards, authentication mechanisms, access controls and encryption techniques.

J.       BANGLANIKAH cannot guarantee the complete protection of user data while it is in transit, or prevent any tampering of the data by a third party with malicious intent before the data reaches the BANGLANIKAH servers.

K.       BANGLANIKAH has a special safety feature for female End Users / female Registrants, called "Secure Connect", which enables female End Users to take control of their privacy and safety while searching for their life partner. "Secure Connect" has a calling feature that lets the female End Users / female Registrants to receive calls from men who have premium membership without revealing their contact numbers to them. It is up to the female End Users / female Registrants to respond to the other party and BANGLANIKAH has no control over the same.

L.       BANGLANIKAH shall retain the right but do not have the obligation to conduct background checks on the profile created by you or by any End User. Further, BANGLANIKAH is under no obligation to perform background checks at the behest or request of any End User. The background checks, if any, may be undertaken solely at the discretion of BANGLANIKAH and / or SIPL or if required by law.

M.      BANGLANIKAH does not authenticate / endorse any information of any profile and BANGLANIKAH shall not be liable for any misbehaviour / misrepresentations made by any person to you or the Registrant in any medium available. Please check "Safe Matrimony" link in the Websites for guidance.

N.       In order to protect Registrants and / or End Users from any abuse / misuse, in the event of a complaint, BANGLANIKAH reserves the right to restrict / suspend the number of communications / profile contacts & responses / emails which End User may send to other End User(s) in any 24-hour period to a number which BANGLANIKAH deems appropriate in its sole discretion.

O.      BANGLANIKAH has the right but not the obligation, from time-to-time, if it suspects any activity that is inappropriate under applicable law, to monitor and review the messages sent by you to another End User for ensuring compliance of these Terms or of the applicable laws. In the above scenario, after investigation BANGLANIKAH may restrict / amend / modify / restrict / delete any message / content of the profile in its own discretion. Transmission of any such messages shall constitute a breach of these Terms and BANGLANIKAH shall be entitled to terminate your membership forthwith. For the purpose of this clause, BANGLANIKAH reserves the right to screen messages that you may send to other End User(s) and also regulate the number of your chat sessions in its sole discretion.

P.       BANGLANIKAH may not frequently monitor the conduct of all End Users on the Website. End Users shall not use any information obtained from BANGLANIKAH Service(s) in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any End User's or Registrant's information without their prior explicit consent.

Q.      BANGLANIKAH and / or SIPL reserves the right to determine and control all aspects (including all functionality) of the BANGLANIKAH Services as well as the right to re-design, modify and remove any or all aspects of them. BANGLANIKAH may amend any of these Terms at any time, and solely at BANGLANIKAH's discretion. Any changes will be effective upon the posting of such changes on the Website, and you are responsible for reviewing these locations and informing yourself of all applicable changes or notices. All notice of changes to this Agreement will be posted on the Website for at least 30 (thirty) calendar days. Your continued use of the BANGLANIKAH Services after BANGLANIKAH's posting of any changes will constitute your deemed acceptance of such changes or modifications.

5. Role and Responsibility of End User

A.       You shall safeguard your profile information by creating a strong password during profile creation with combination of alphabets, both upper and lower case and numbers.

B.       You shall verify the credentials of the other Registrant(s) / End User(s), exercise due care and caution regarding his / her profile information which includes marital status, educational qualifications, financial status, occupation, character, health status, etc. and satisfy yourself before making a choice of your match. BANGLANIKAH shall not be liable for short-coming due to any misrepresentations made by any of its End Users. Any information or representations provided during registration with BANGLANIKAH or during subsequent use of BANGLANIKAH are required to be true and accurate and signing in hereunder provides the End User's declaration that all such information is true and accurate.

C.       An End User shall not commit any act or omission which is likely to result in violation of one or more provisions of the applicable laws of the relevant jurisdictions, including that of the Bangladeshi Digital Security Act, 2018 and rules made thereunder and Bangladeshi Information and Communication Technology Act, 2006 and rules made thereunder. If an End User commits an act or omission which violates one or more provisions of the applicable laws of the relevant jurisdictions, including, Bangladeshi Digital Security Act, 2018 or rules made thereunder and Bangladeshi Information and Communication Technology Act, 2006 and rules made thereunder, then such End User shall be solely liable for any such violation and BANGLANIKAH and / or SIPL shall not in any manner be held liable for such violations committed by such End User. If such violation of applicable laws by an End User is found by BANGLANIKAH and / or SIPL, the membership of such End User shall be terminated forthwith. If an End User is aware of an actual or purported violation of one or more of the applicable laws, then such End User shall duly and immediately report such violation to BANGLANIKAH and / or SIPL and the appropriate investigating authorities.

D.       You are solely responsible for the content that you display on the Website for the purpose of communication to other End Users and agree to not provide illegal, misleading, or false information.

E.       End Users are expected to be cautious of Registrants / End Users who ask for favours in terms of money or otherwise. End Users shall exercise extra caution when communicating with Registrants / End Users that seem unreliable e.g.- calls from multiple phones numbers, refuses to disclose their physical identity through face-to-face meeting (physically or through video calls) or refuses to involve family and friends in match-making. End Users should also be cautious of suspended profiles status before you finalize an alliance with an End User / Registrant.

F.       End Users are expected to visit thur our website and get to be safe via  URL https://www.BanglaNikah.com/safematrimony/ for understanding the safety measures on partner search and awareness towards online safety.

G.       Members, for the following activities, accept and agree that they shall be fully responsible for all the consequences of such activity and BANGLANIKAH is in no way responsible for it. Therefore, End Users are advised to refrain from:

I.       Entering into any financial transactions with other Registrant(s) / End User(s). End Users shall not seek financial help or provide financial help from / to the other Registrant(s) / End User(s).

II.      Using abusive language when they communicate with the other End Users.

III.     Being discriminative or using racially offensive comments, etc.

     IV.      Sharing of confidential and personal data with each other including but not limited to sharing of bank details, etc.

     V.       Entering into physical relationship with any Registrant / End User before marriage.

                         VI.      Violating any law for the time being in force.

  VII.    Mentioning details of other matrimonial services while sending personalized messages.

 VIII.   Sending any messages to other End Users that are obscene, lewd, licentious, and defamatory, promote hatred, threatening or harassing in any manner.

  IX.      Performing an e-transaction through an electronic or digital medium of any bank, insurance, or any other financial institution or any mobile money service providing organization without legal authority.

   X.       Performing an e-transaction that has been declared illegal by the Government or the Bangladesh Bank (the Central Bank).

  XI.      Intentionally or knowingly transmitting, publishing, or propagating any data-information which he knows to be offensive, false or threatening in order to annoy, insult, humiliate or malign a person.

XII.    Publishing or propagating or abetting to publish or propagating any information, as a whole or partly, which he knows to be propaganda or false, with an intention to affect the image or reputation of the country, Bangladesh, or to spread confusion.

          XIII.   Sharing any material that infringes or violates another party's rights (including, but not limited to, intellectual property right and privacy rights).

H.       You hereby understand and agree that you are solely liable for your connections with other End Users through BANGLANIKAH. Every End User submitting his / her or Registrant's matrimonial profile is required to give all the facts essential for establishing a marital relation. Concealing facts relevant to marriage could result in loss or damage or prosecution for which BANGLANIKAH cannot be held responsible in any way. Any information / data required by BANGLANIKAH for using the BANGLANIKAH services shall be provided by the End User, as and when sought by BANGLANIKAH. End Users are expected to disclose his / her or Registrant's health records during profile enrolment which includes any pre-existing illness, physical disability, etc. and through these Terms, the End User is consenting to provide this information. Non - disclosure at the time of enrolment shall be treated as violation of the Terms and BANGLANIKAH shall retain their right under clause 2 (B) of these Terms to not register such End User or terminate their account on finding inconsistency.

I.       To get better search results, End Users are expected to provide his / her or Registrant’s latest photograph, which shall not be more than 3 (three) months old. Providing old photographs / photographs of third persons, inaccurate / false information shall be treated as violation of these Terms and BANGLANIKAH shall retain their right under clause 2 (B) or 2 (E) or 19 of these Terms. If the account is maintained for a period of over a year, then it is necessary to update fresh photographs to maintain consistent records.

J.       End Users agree that for getting effective search results of prospects on the Website, you will regularly log in to the profile maintained in the Website and send expression of interest which are automated messages to prospects / other End User(s) as a free End User, and in the event you have availed paid BANGLANIKAH package, you can send personalized messages to prospects to show your expression of interest / replies. Contact information of End User's profile will be displayed only to paid members. Free membership is only for a limited time. BANGLANIKAH reserves right to discontinue free membership at any time. You also may review the expression of interest sent to you / read the messages sent to you by End User(s) and may respond suitably.

K.       You also agree that while accessing / using the Website, you will be guided by these Terms of the Website including but not limited to the use of feature of Website like chat instantly with End User / Registrant, viewing horoscope of prospects, enhancing privacy settings (photo/horoscope/phone number) or for viewing social and professional profile of members on their Facebook, LinkedIn, etc.

L.       For the best search results, an End User shall update his / her or Registrant's profile in BANGLANIKAH Website for any change in the particulars furnished in his / her or Registrant's profile.

M.      Each End User shall, in case where his / her or Registrant's marriage has been fixed or when End User is no longer interested in BANGLANIKAH's services, delete the profile uploaded on the Website, by themselves or by notifying BANGLANIKAH for removal / deletion of the profile in writing through his / her registered email ID. In such cases, an End User shall not be entitled to any refund from BANGLANIKAH.

N.       Each End User agrees to use secure devices, software and networks in a private place for accessing the BANGLANIKAH services.

O.      An End User shall not use any kind of bots like web robots, chatbot or any other automated processes / programs / scripts to use, communicate, contact, interact or respond in BANGLANIKAH Website and / or with End Users. End Users shall not probe, scan or test the vulnerabilities of the BANGLANIKAH Website or any network connected to the Website or breaches the security measures instituted by BANGLANIKAH.

P.       End Users shall not make any payment / transfer any amount to account of any BANGLANIKAH / SIPL employee(s). All payments shall be made only to BANGLANIKAH account.

Q.      End Users are expected to approach BANGLANIKAH to resolve their complaints and grievances and shall not air their grievance / complaints in social media.

R.       You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Website through the BANGLANIKAH Service in a way that constitutes copyright infringement, please provide BANGLANIKAH's Customer Care Centre (contact provided below) with the following information in writing: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written 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; and where applicable a copy of the registration certificate proving registration of copyright or any other applicable intellectual property right; 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.

S.       An End User shall not engage in advertising to, or solicitation of other End Users to buy or sell any products or services through the BANGLANIKAH Service. You will not transmit any chain letters or junk email to other End Users.

 T.       BANGLANIKAH is not responsible for any activity of End User that:

    i.        is delayed in operation due to technical or other reasons.

ii.       involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";

iii.       promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

iv.       contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);

v.       displays or makes reference(s) to written material, any image or any other representation of ideas or theories, which advocates, promotes or incites hatred, discrimination or violence, bigotry, against any individual or group of individuals, based on race, colour, descent or national or ethnic origin, as well as religion, including making references to castes, sects, sub-sects which are prohibited by applicable laws or not recognised under the applicable laws.

vi.       provides material that exploits people under the age of 18 years in a sexual or violent manner, or solicits personal information from anyone under the age of 18 years;

vii.      provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

viii.     solicits passwords or personal identifying information for commercial or unlawful purposes from other users / End Users; and

ix.       engages in commercial activities and / or sales such as contests, sweepstakes, barter, advertising, and pyramid schemes.

                      x.       is in indirect contravention of the applicable laws.

U.       You authorize us to verify your / Registrant's information (including any updated information), and to charge your bank account for any sums payable by you to us including taxes. Except as provided otherwise, all amounts contemplated in these Terms will be expressed and displayed in the Local Currency (BDT), and all payments contemplated by these Terms will be made in the Local Currency. If BANGLANIKAH discovers erroneous or duplicate transactions, BANGLANIKAH reserves the right to obtain reimbursement from you by lawful means.

V.       Each End Users acknowledges, agrees and consents to BANGLANIKAH's and / or SIPL's collection, storage, retention, preservation, publication, processing and usage of any information provided by such End User for any purpose under these Terms. Such information is stored and / or retained on BANGLANIKAH Servers located at OVERSEAS Countries.

 

6. Customer Care / Customer Service

             In the event you come across any concerns in BANGLANIKAH's service, then please be free to contact us:

Email ID: help@banglanikah.com
Contact No: 01339536262

[Operating Days and Hours: Saturday to Thursday, 9am-6pm (Excluding Govt. Holidays)]

 

 

7.Medium of Communication for End Users

A.       As an End User, you hereby consent to receiving communication including promotional communications through any medium of communications such as electronic mails, calls, SMS or through WhatsApp messages from BANGLANIKAH / SIPL or other Websites owned by SIPL or their partners.

B.       BANGLANIKAH by its automatic system may send to End Users profile(s) of prospects by way of images / documents / messages / links. Each End User agrees and confirms that the mobile number submitted to BANGLANIKAH for verification or alternative number if any provided, is not registered with the Do Not Disturb and / or National Customer Preference Register or any other similar registration and they consent to use of such mobile number which shall not result in any complaint. Each End User further agrees that even if End User is registered with the telecom service provider under the category Do Not Disturb / National Customer Preference Register, the calls from BANGLANIKAH either to the verified mobile number or alternative number, if any provided, shall not be treated as promotional calls.

C.       You are also entitled to set up your communications frequency from BANGLANIKAH, e.g., only on weekends or fortnightly. You may also opt for not getting any call from BANGLANIKAH by ticking the appropriate box in the Website, provided that, you agree to receive calls from relationship manager of Assisted Matrimony / Elite Matrimony for contacting you as a shortlisted profile for its registered members.

8. Confidentiality

Any feedback you provide to BANGLANIKAH shall be deemed to be non-confidential. BANGLANIKAH shall be free to use such feedback/information on an unrestricted basis. Further, by submitting the feedback, you represent and warrant that (i) your feedback does not contain confidential or proprietary information of yourself or third parties; (ii) End User is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) you are not entitled to any compensation or reimbursement of any kind from BANGLANIKAH for the feedback under any circumstances.

9. Privacy of Membership

To protect your privacy and understand BANGLANIKAH's practices as amended from time to time, please read and follow BANGLANIKAH's privacy policy as detailed in the website https://banglanikah.com/privacy-policy which also governs your visit to BANGLANIKAH and use of BANGLANIKAH services. The personal information / data provided to us by you during the course of usage of BANGLANIKAH will be treated as confidential and in accordance with the privacy policy and applicable laws and shall be used only for the purposes mentioned therein. If you object to your information being transferred or used, please refrain from using the Website and / or BANGLANIKAH’s services.

10. Grievance Cell

A.       You are encouraged to provide clear, constructive and cogent suggestions to the grievance officer, in writing, to improve the quality of BANGLANIKAH's services. Only those suggestions which are laid out in sufficient detail may be considered by the grievance officer and addressed. BANGLANIKAH and / or SIPL has no obligation to consider every suggestion made by you and BANGLANIKAH and / or SIPL may address the suggestion at its sole discretion. Further, BANGLANIKAH and/or SIPL has the right but not the obligation to notify you of the changes made to BANGLANIKAH Services or the Website based on your suggestion(s).

B.       You are under an obligation to report all actual or purported violations of these Terms and / or applicable laws and any misuse or abuse of the Website to the Grievance officer. In the event you come across any violation by another End User including but not limited to having content in the web site that is obscene, menacing, grossly offensive, harming minors, infringing copyright, patents, or another End User is impersonating etc., then you may then please be free to provide your concerns in writing or email us with digital signature to:

  Grievance Officer:

Mr. Sayeed Shabeer

Contact Address: House # 05, Road # 11, Sector # 1, Uttara, Dhaka-1230.

Email: info@BanglaNikah.com

C.       On receipt of such complaint, BANGLANIKAH may investigate such complaint and if necessary, may terminate the membership of the End User responsible for such violation abuse or misuse without any refund. Any false complaint made by an End User shall make such End User liable for termination of his / her membership without any refund.

11. Disputes between Members

A.       End Users are solely responsible for the communications (through any medium) with prospects / other End Users. BANGLANIKAH expressly disclaims any responsibility or liability for any monetary transaction(s) or exchange(s) or interaction(s) or passing of information(s) etc. between any End User interest via e-mail, chat, interaction, WhatsApp or any other medium of communication between End Users either using Website or otherwise.

B.       In case of any dispute between you and any other End User, BANGLANIKAH has no obligation, to monitor any such disputes arising between such End Users, and BANGLANIKAH shall not be party to any such dispute / litigation etc. You hereby agree to indemnify and release BANGLANIKAH (and its officers, directors, employees, agents, and affiliates) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected, and unsuspected, disclosed, and undisclosed, arising out of or in any way connected with such disputes.

C.       BANGLANIKAH is not a broker or the agent of any End User / Registrant, and BANGLANIKAH does not partake in the exchange of any kind of discussion between the End Users / Registrant / prospects or the results of their discussion.

D.       End Users agree and acknowledge that BANGLANIKAH is merely a service provider and intermediary and will not be held liable for any legal dispute between End User(s) / Registrant(s).

 

12. Content Right

A.       You agree that all content of BANGLANIKAH belongs to SIPL, excluding your or third party content, but including advertisement on the Website for which BANGLANIKAH has requisite license / right in terms hereof to display the same on BANGLANIKAH's Website. You acknowledge that you alone are responsible and liable for the content (mandatory or optional content you publish or display on the Website or transmit to other End Users) and information including the profile details, photograph and other content(s) keyed in the relevant field(s) of the Website at the time of the creation of the BANGLANIKAH profile or subsequently modified by you and also for all the post and communication (including personalized messages sent by BANGLANIKAH paid members) with other member(s). You hereby represent and warrant that you own all rights, title and interest in your content/information or have the necessary licenses, rights, consents, and permissions to provide the said content/information. However, by submitting the content / information to BANGLANIKAH, you hereby grant BANGLANIKAH a worldwide, non-exclusive, royalty-free, perpetual sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, publish, communicate to the public, law enforcement agencies, courts, and the BANGLANIKAH's business and services, including without limitation for promoting, communicating to the public and redistributing part or all of the content / information (and derivative works thereof) in any media formats and through any media channels.

B.       BANGLANIKAH reserves the right to verify the authenticity of content posted on the Website. In exercising this right, BANGLANIKAH may ask you to provide any documentary or other form of evidence supporting the content you post on the Website. If you fail to produce such evidence, or if such evidence does not in the reasonable opinion of BANGLANIKAH establish or justify the claim, BANGLANIKAH may, in its sole discretion, terminate your membership without a refund.

C.       While BANGLANIKAH does not accept any obligation to monitor the content / information in your profile, if the content / information is found not to be in compliance with these Terms or is found to be in contravention with any laws, BANGLANIKAH retains the right to immediately halt, prevent, restrict access to the BANGLANIKAH Services or delete the content / information and / or terminate or suspend your registration or (without a refund of any subscription paid by you ) in the event any content of your profile violates any applicable Law and / or these Terms. You agree that if the situation warrants BANGLANIKAH may at its sole discretion put restriction on any End User from communicating with other End User(s).

D.       BANGLANIKAH reserves the right to proceed / initiate appropriate steps under the prevailing law against infringement by violators of the its proprietary rights or for illegally copying, modifying, publishing, transmitting, distributing, performing, displaying, or selling of any such proprietary information including using it for commercial purpose in any manner whatsoever.

E.       You agree that BANGLANIKAH may, in BANGLANIKAH's sole discretion, disclose or make available any information provided or submitted by you or related to your participation under these Terms, including information regarding your profile / Registrant's profile or your transactions, your messages to any judicial, quasi-judicial, governmental, regulatory or any other authority, as may be required by us to co-operate and / or comply with any of such authority's orders, instructions or directions or to fulfil any requirements under applicable laws.

13. Third Party website

A.       Each End User understands and agrees that for providing services, BANGLANIKAH may share your information with third parties and allow third parties to display advertisements on the BANGLANIKAH Website and BANGLANIKAH does not control the contents of such third party advertisement on the BANGLANIKAH Website. Third party websites to which links are given on Website are not governed by these Terms and all such third party websites are governed by their own terms and conditions for use and privacy policy, if any, and in case of conflict the terms and conditions of the third party website shall prevail over these Terms. BANGLANIKAH does not in any manner whatsoever authenticate, endorse, verify or certify these third party websites or any contents therein. Please note that a you may click on links to third party websites at his / her sole risk and responsibility.

B.       BANGLANIKAH reserves the right to add / delete / alter / modify / suspend any or all the BANGLANIKAH Services at any time as it may deem fit, without notice. Each End User is expected to see the change on the Website.

14. Limitation of liability

A.       SIPL / BANGLANIKAH or its office bearers shall under no circumstances be liable or responsible to End User or his / her authorized representatives or any third party for any direct, indirect, special, exemplary, incidental, or consequential damages of any character including, without limitation, damages resulting from the use of the Website and / or third party website and / or BANGLANIKAH services, even if BANGLANIKAH or SIPL has been advised of the possibility of the damages.

B.       BANGLANIKAH informs you that the exchange of your / Registrant's profile(s) through or by BANGLANIKAH should not in any way be construed as a matrimonial offer and / or recommendation and / or advice or guarantee given to the End User, from or by BANGLANIKAH.

C.       SIPL / BANGLANIKAH will not be liable in case of any wrong / improper match made due to unavailability of profiles from BANGLANIKAH / SIPL's owned other websites.

D.       SIPL / BANGLANIKAH or its office bearers shall under no circumstances be liable, if any, for the End User / Registrant entering into financial transaction with any other End User / Registrant or any third party.

E.       SIPL / BANGLANIKAH or its office bearers shall under no circumstances be liable, if any, for any End Users not responding / reciprocating when you approach such End User for matrimonial alliance.

F.       Notwithstanding anything to the contrary contained herein, BANGLANIKAH's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to BANGLANIKAH, for any specific BANGLANIKAH paid package, and no further.

15. Member Class Action Suits

You acknowledge and confirm that you will not bring or participate in any class action or other class proceeding in connection with any dispute with BANGLANIKAH. Further, neither you nor BANGLANIKAH agrees to class arbitration.

16. General

A.       Each End User agrees and covenants that he / she will not at any time, directly or indirectly, make, publish or communicate or allow a Registrant to directly or indirectly, make, publish or communicate to any person or entity or in any public forum any defamatory or disparaging remarks, comments, or statements, in any form, concerning BANGLANIKAH and / or SIPL and / other End User(s) / Registrant(s) or its businesses, or any of its employees, officers, shareholders, members or advisors, or any member of the board. This Clause does not, in any way, restrict or impede an End User from exercising protected rights to the extent that such rights cannot be waived by agreement or from complying with any applicable law or regulation or a valid order of a court of competent jurisdiction or an authorized government agency, provided that such compliance does not exceed that required by the law, regulation, or order. Each End User shall promptly provide written notice of any such order to BANGLANIKAH.

B.       In the event you file a false complaint against another Registrant / End User on the Website and consequently BANGLANIKAH has suspended / deleted such Registrant's / End User's profile based on your complaint, then BANGLANIKAH reserves its right to initiate appropriate legal (civil and / or criminal) action against you and claim any and all costs expenses from you, for such irresponsible / misrepresentation / illegal / unlawful action. BANGLANIKAH also reserves its right to suspend your account and, in such case, you agree to forfeit any and all amounts paid by you for the BANGLANIKAH services as per clause 2 (B) or 2 (E) or 19 of these Terms.

C.       Notwithstanding anything contained herein, BANGLANIKAH shall not be made responsible for your acts which are / content uploaded by you which has: false, misleading, obscene, threatening, libellous, blasphemous, slanderous, defamatory or invasive of another person's (deceased or alive) right of privacy or publicity, or that may reasonably be deemed to be harmful, vulgar, pornographic or sexually explicit material or adult-oriented content or suggestive, provocative, lewd, licentious, profane, predatory in nature, paedophilic, abusive, harassing, bullying, advocating, threatening, hateful, or otherwise unfit for reproduction; or suggests or encourages unfair or illegal / indecent, unlawful activity, offensive of any kind, other prohibited and regulated content, including usage of explicit language, whether in English or other languages, or which is explicit by transliteration. BANGLANIKAH reserves the absolute right to delete / modify, in any manner as it deems fit, any content of any profile of any End User / Registrant on the Website (once such instance comes to BANGLANIKAH's notice), which contains the aforesaid items or where such acts are done by an End User.

D.       BANGLANIKAH also reserves the right to block / delete / suspend the profile which might be unfit, offensive, illegal or that might violate the rights, harm or threaten the safety of BANGLANIKAH's office bearers / employees (including undue communication with any employee) and / or other Registrants or using the Website as a means of communication while sending messages to other End Users regarding their profile identity in other matrimonial websites.

E.       Once your paid membership expires, you cannot avail the unexpired balance phone call count / unexpired SMS. Similarly, you cannot access the already viewed End User(s) contact information unless you renew your account within 30 days. However, on renewal, the unexpired phone call / SMS shall be carried forward to your account from the last day of expiry.

F.       In case of conflict between these Terms and terms and conditions of any other website including other websites of SIPL, these Terms of BANGLANIKAH Website shall prevail for the service provided through this Website.

G.       These Terms, accepted upon use of the Website and further affirmed by becoming an End User, is the entire agreement between you and BANGLANIKAH regarding the use of the Website and / or other BANGLANIKAH services. If any provision of these Terms is held invalid, the remainder of these Terms shall continue in full force and effect.

17. Disclaimer

A.       The Website and BANGLANIKAH services, including all content, software, functions, materials and information available are provided "as-is". As an End User of the Website and / or services, you access and use the website, BANGLANIKAH services and any online portal or tool provided by BANGLANIKAH at your own risk. BANGLANIKAH and its affiliates waive and disclaim: (1) any representations, warranties, declarations or guarantees regarding this agreement, the BANGLANIKAH services or the transactions contemplated hereby, including any implied warranties or declarations; (2) any obligation, liability, right, claim or remedy in tort, whether or not arising from BANGLANIKAH's default or negligence. BANGLANIKAH does not warrant that the functions contained in the Website or the BANGLANIKAH services will meet your requirements or be available, timely, secure, uninterrupted or error free, and BANGLANIKAH will not be liable for any service interruptions, including, but not limited to system failures or other interruptions that may affect the receipt, processing, acceptance, completion, or settlement of any transaction. BANGLANIKAH and its affiliates disclaim to the maximum extent permitted under applicable law, all warranties of any kind, whether express, implied or statutory.

B.       BANGLANIKAH does not warrant that the Website, its servers, or e-mail sent from BANGLANIKAH are free of viruses or other harmful components. BANGLANIKAH will not be liable for any damages of any kind arising from the use of this BANGLANIKAH Website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. BANGLANIKAH does not give any implied or explicit guarantee or warranty of marriage or alliance by you choosing to register on the Website and using BANGLANIKAH services (both paid and free).

C.       Notwithstanding anything contrary contained anywhere, under no circumstances, BANGLANIKAH shall be held responsible or liable whatsoever or howsoever, for damages caused, arising out of, relating to or connected with:

i. any act or omission done by BANGLANIKAH / SIPL / payment gateway / alliance partner, etc.;

ii. any untrue or incorrect information submitted by you or on your behalf regarding the religion, caste or creed or any other personal information.;

iii. any decision taken by you or on your behalf or any consequences thereof, based on any information provided by any other End User (including suspension/deletion of the profile from BANGLANIKAH);

iv. any unauthorized or illegal act done by any third party relating to or connected with any information submitted by you or on your behalf;

v. any cyber crime attempted or committed by anyone;

vi. any incident of force-majeure or 'act of god';

vii. any issue already stated in these Terms including limitation of liability clause of these Terms;

viii. using / availing of third-party services namely horoscope, matching services, etc. and for paying them through the Website;

ix. BANGLANIKAH shall not be liable for the outcome of during any interaction in a meeting, call, SMS, chat, email or social media posts at any point of time; or

x. Any issues relating to any technical malfunction of any telecommunication network, software, hardware failures, network congestion, denial of service, failure due to spamming or any combination of the above.

  D.       You agree that your use of the Website is at your sole risk.

E.       BANGLANIKAH is not liable to you for any damage or alteration to your equipment including but not limited to computer equipment, hand-held device or mobile telephones as a result of the installation or use of the app. BANGLANIKAH is not liable to you for any damage or alteration to your equipment including but not limited to computer equipment, hand-held device or mobile telephones as a result of the installation or use of the app.

18. Indemnity

By using the Website and / or BANGLANIKAH’s services you agree to defend, indemnify, and hold harmless BANGLANIKAH, its subsidiaries, affiliates, Directors, officers, agents, and other partners and employees, fully indemnified and harmless from any loss, damage, liability, claim, or demand, including reasonable attorney's fees, made by any person due to or arising out of your use of the BANGLANIKAH service in violation of these Terms and / or arising from a breach of these Terms and / or any breach of your representations and warranties set forth in these Terms. This defence and indemnification obligation will survive in perpetuity.

 

19. Termination

A.       In addition to the termination rights available to BANGLANIKAH elsewhere in these Terms, BANGLANIKAH reserve its right to terminate your membership and / or suspend / delete your profile / Registrant's profile, at BANGLANIKAH's sole discretion without any notice to you, in case you:

i.        seek physical / financial favours from other registered members of BANGLANIKAH; or

   ii.       have provided incorrect information on the Website; or

   iii.       have committed any fraudulent/ unlawful / illegal activities through the use of the Website; or

  iv.       have violated these Terms; or

   v.       have misappropriated the name, likeness, email address, contact number or other personally identifiable information of another End User and created a profile on the Website by impersonation / falsification / misrepresentation / without consent of the person who's profile is being uploaded / registered or use only part information including using photo of third parties without the permission of such third parties or act with other members / employees in indecent / improper manner.

B.       If BANGLANIKAH receives any complaint against you and consequently, BANGLANIKAH has suspended / deleted your profile, then BANGLANIKAH shall not be liable to you in any manner whatsoever, including for any loss, costs, expenses, or consequence, if any.

C.       Unless otherwise provided in these Terms, membership may be terminated by BANGLANIKAH or you without assigning any reasons by serving 7 (seven) days' written notice on the other, and in such cases, all amount paid until the date of termination by you to BANGLANIKAH shall be forfeited.

D.       Upon termination / suspension of membership, your right to use or access the BANGLANIKAH Website BANGLANIKAH services will cease immediately. All provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, disclaimers, and limitations of liability. Termination of your access to and use of the BANGLANIKAH Services shall not relieve you of any obligations arising or accruing prior to such termination.

E.       The termination of these Terms shall be without prejudice to all rights and obligations of BANGLANIKAH accrued under these Terms prior to such termination and without detriment to any and all rights available to BANGLANIKAH under law, equity, or otherwise. BANGLANIKAH shall have no further obligations hereunder following such termination except for obligations which survive such termination pursuant to these Terms.

20. Arbitration

A.       We are interested in attempting to resolve any dispute by amicable and informal means, and we encourage the end-users to contact us before resorting to arbitration. In case of any disputes, the parties shall discuss among themselves and endeavour to resolve any disputes informally.

B.       If the dispute is not resolved amicably through informal means within 30 (thirty) days from the date of such dispute, then such dispute may only be resolved through arbitration as follows:

i.        Any dispute or difference whatsoever arising between the parties out of or relating to the construction, meaning, scope, operation or effect of this contract or the validity or the breach thereof shall be settled by arbitration in accordance with the Arbitration Act 2001 of Bangladesh and the Award made in pursuance thereof shall be binding on the parties.

   ii.       The place or venue of arbitration shall be in Dhaka.

   iii.       The arbitration shall be conducted by a sole arbitrator and BANGLANIKAH shall appoint the sole arbitrator.

iv.       If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remaining of the Arbitration Agreement shall continue in full force and effect.

v.       The terms of this Arbitration Agreement will continue, even after your relationship with BANGLANIKAH has ended.

                     vi.       The arbitration proceedings shall be conducted in the English language.

vii.      All claims and disputes within the scope of this arbitration agreement must be arbitrated on an individual basis and not on a class or collective basis, and you give up your right to participate in a class action or any other class proceeding.

viii.     BANGLANIKAH may opt for fast track arbitration and request the arbitral tribunal, before the commencement of the arbitration proceedings or during the course of the arbitration, to complete the proceedings in a fixed time frame of 3 to 6 months.

C.       BANGLANIKAH may elect to have resolved by means other than arbitration for disputes relating to infringement of BANGLANIKAH’s intellectual property rights.

21. Jurisdiction and Applicable Law

You agree that any dispute arising from your use of this Website shall be solely governed by the laws of the Peoples’ Republic of Bangladesh, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of courts of Dhaka, for resolution of such dispute.

22. Mode of Payment

A.       Payment made by Cash / MFS / Debit card / Credit Card/ Internet Banking/ International payment mode system shall be in accordance with the prevailing applicable banking guidelines of Bangladesh. In case of payment failure further BANGLANIKAH service to your account will be deactivated / suspended until you settle the service value of the payment.

B.       BANGLANIKAH uses third party payment gateways for collection of payment through modes other than cash.

23. Refund and Assignment

A.       The payments made by any End User to BANGLANIKAH by way of membership / renewal fee / auto renewal are treated as non-refundable.

B.       BANGLANIKAH shall not be liable to refund all or part of the subscription fees paid by any End User to BANGLANIKAH except as may be mandated by the ruling of the judicial / quasi -judicial authority / governmental authority / arbitral tribunal. No refund, which a End User becomes liable to pay, in case where such a decision is rendered by the judicial / quasi -judicial authority / governmental authority / arbitral tribunal, shall carry any interest component. Such refund may be remitted to you only after all the deductions of the applicable charges are made by BANGLANIKAH.

C.       You shall not assign or transfer your membership to any other person or entity, and such an act shall be treated as violation of these Terms and BANGLANIKAH shall retain their right under Clause 2 (B) or 2 (E) or 19 of these Terms.

D.       Payment once made for BANGLANIKAH services cannot be assigned to any person / party or adjusted towards any other product or packages provided by BANGLANIKAH.

24. Renewal

A.       All paid memberships are automatically renewed before the expiry of the term of the paid membership. You agree that your account will be subject to this automatic renewal feature.

B.       When you first subscribe for your paid membership, you acknowledge that when your paid membership expires it will automatically renew for the duration and at the last paid price.

C.       The maximum tenure of any package shall be 12 (twelve) months. Every BANGLANIKAH package post validity period (varies from package to package), shall be automatically renewed.

D.       If you do not want your paid membership to automatically renew, you must cancel your paid membership. In case you have to mail for cancellation, mail to info@BanglaNikah.com.

25. Membership Packages

A.    BANGLANIKAH has various membership packages called Coin, Luxury and Ultimate. You may opt for any of BANGLANIKAH's premium membership packages varying between three months to one year with differing price to access various premium features.
B.    Each package has certain limitations on count of phone number views. The Packages has unlimited phone number view but within the fair usage policy limit. Viewing an accepted member's mobile number will not deduct the mobile number count (For applicable domains).
C.    The members of packages can receive personalised messages (PMs) from free members. Only if Platinum member matches with the personal interest of the free member profile this will be allowed. 
D.    The Fair Usage Policy (FUP) limit on Phone view count and Count on Personal message for all the premium membership packages are as follows:

Fair Usage Metrics	Fair Usage Metrics Personal Message Count	Phone View Count
Day Zero Paid Limit	50	20
Daily Limit	100	30
Weekly Limit	150	50
Monthly Limit	500	100
Total Limit	4000	750

 

E.   To know the complete details on various Membership package and its benefits, please visit 'Payment Options' page.