Welcome to eCom Smart Hall! (referred to as "Company," "we," "our," or "us" in these Terms and Conditions)
These Terms and Conditions ("Terms and Conditions" or "Service Terms") govern your use of our website located at https://ecomshall.com/ (referred to as the "Service"), which is operated by Builder Hall Private Limited (https://builderhall.com).
By using our Service, you acknowledge that you have read, understood, and agreed to all the terms and conditions ("Agreements") outlined here. It is important to review and comply with these terms and conditions.
If you do not agree to these terms or cannot comply with them, you may choose not to use the Service. However, we request that you inform us by sending an email to [email protected], so we can attempt to find a suitable solution. Please be aware that these terms and conditions apply to all visitors, users, and others who wish to access or use the Service.
As per the privacy agreement and in compliance with applicable laws and regulations, it is crucial to ensure the proper transfer and appropriate utilization of privacy information mentioned in the privacy agreement. Failure to comply with these measures may result in necessary actions being taken.
3. Buying and Selling
If you choose to make a purchase ("Purchase") of any product or service through our service, you may be required to provide certain information related to your purchase. This information may include your credit or debit card number, card expiration date, billing address, and shipping information. However, please note that the availability of this option may depend on the payment gateway integrated into our service.
It is important to note that the availability of products or services, as well as any errors in product deions or pricing, may lead us to cancel or refuse your order at any time. We strive to ensure accurate information and deions, but errors can occasionally occur. If any errors are identified in your order, we will take appropriate action and communicate with you regarding the issue.
In cases where fraudulent or unauthorized transactions are suspected, we reserve the right to cancel or refuse your order. We take fraud and illegal activities seriously and, if necessary, may suspend your account for further investigation.
4. After-Sales Service
We are committed to providing comprehensive support after the delivery of our products or services. Our after-sales service includes assistance with support, maintenance, training, and setup to ensure your satisfaction with our offerings.
5. Return and Refund Policy
If you are not in agreement with the terms of our intermediary agreement, you have the option to refrain from using our software. In such cases, you may return the product to Builder Hall Ltd for a prompt refund of the purchase price. The eligibility for a refund of the service will be in accordance with the terms and policies outlined in the agreement document.
By using our service, you consent to receiving newsletters, marketing or promotional materials, and other relevant information that we may send. However, you have the choice to opt-out of receiving any or all of these communications from us by either following the unsubscribe link included in the emails or by emailing us at [email protected].
7. Competitions, Sweepstakes, and Promotions
Our service allows you to post, link, store, share, and make available various types of information, text, graphics, videos, or other materials ("Content"). It is important to understand that you are solely responsible for the Content you post on or through the service. This includes ensuring its legality, reliability, and appropriateness.
By using the service or posting Content through it, you represent and warrant the following:
8.1 You own the Content you post (or have the necessary rights to use it) and you have the right and license, under this agreement, to grant us the rights and licenses specified herein.
8.2 The posting of your Content on or through the service does not infringe upon any privacy rights, publicity rights, copyrights, contract rights, or any other rights of any individual or entity. We reserve the right to terminate the account of any person who violates copyright laws.
You retain ownership of the rights to the Content you submit, post, or display on or through the service, and you are solely responsible for protecting those rights. We do not assume any responsibility for, nor do we endorse, any user-posted Content or any opinions, recommendations, or advice expressed therein.
While eCom Smart Hall reserves certain rights, users are not obligated to inspect or edit any provided Content. However, the Content available through this service may be used by eCom Smart Hall as its own property or in violation of copyrights. Without our prior written permission, you may not distribute, modify, transmit, reproduce, or reuse the Content, either in whole or in part, for commercial purposes or personal gain.
Please note that this agreement applies to all users, and any violation of these terms may result in the termination of your account or other appropriate actions.
9. Acceptable Use Policy
To ensure proper use of the service, please adhere to the following guidelines. Failure to comply may result in the termination of your access. You are prohibited from using the service in the following ways:
9.1 Violating any applicable national or international laws or regulations.
9.2 Harming, exploiting, disseminating or engaging in any improper exploitation of inappropriate content, especially when it involves minors.
9.3 Sending unsolicited emails, chain letters, spam, junk mail or any similar solicitations or promotional content. Additionally, refrain from collecting or harvesting personal information for commercial or personal gain.
9.4 Impersonating or attempting to impersonate the Company, a company employee, another user, or any other individual or entity.
9.5 Infringing upon the rights of others, engaging in unlawful activities, making threats, or participating in abusive, harassing, or harmful behavior.
9.6 Conducting any activity that may restrict or inhibit the use or enjoyment of the service for others, or that may expose our company or service users to liability or harm.
However, you are not allowed to do the following:
9.7 Using the service in a way that may disable, overburden, damage, or impair its functionality, or interfere with other parties' use of the service, whether in real-time or otherwise.
9.8 Employing robots, bot, AI, or other automated means to access the service, except for monitoring or copying materials with our prior written consent.
9.9 Inspecting or copying materials from the service without our prior written consent, except for legitimate service inspection or unauthorized copying for commercial or personal gain.
9.10 Using devices, software, or routines that disrupt the proper functioning of the service.
9.11 Introducing viruses, trojan horses, worms, logic bombs, or other malicious or technologically harmful materials.
9.12 Attempting unauthorized access, interference, damage, or disruption to any portion of the service's servers, or any server, computer, or database connected to the service.
9.13 Launching a denial-of-service attack (DOS) or a distributed denial-of-service (DDOS) attack against the service.
9.14 Taking any action that may harm or falsely affect the company's ratings.
9.15 Otherwise interfering with the proper functioning of the service.
10. Data Analysis
We may utilize the services of third-party providers to monitor and analyze the usage of our service. These providers help us gather insights and assess how our service is being utilized.
11. Age Restriction Policy
The service is intended for use by individuals who are at least eighteen (18) years old.
By accessing and using the service, you confirm and guarantee that you are at least eighteen (18) years of age, and that you possess the legal capacity, authorization, and authority to enter into this agreement. Furthermore, you agree to comply with all terms and conditions outlined in the agreement. If you are under the age of eighteen (18), you are strictly prohibited from accessing and using the service.
Please note that we take underage usage seriously, and we have implemented measures to prevent access to our service by individuals who do not meet the age requirement. If we discover that a user is underage, we will terminate their access and take appropriate actions as necessary.
12. Account Policy
By creating an account with us, you affirm that you are at least 18 years old and that the information provided during the account creation process is accurate, complete, and up-to-date. Please note that providing false, incomplete, or outdated information may result in immediate termination of your account.
You are responsible for maintaining the confidentiality of your account and password, as well as for restricting access to your computer and/or account. By using the service, you agree to take full responsibility for any actions performed under your account and/or password, regardless of whether they were authorized or not. Promptly inform us of any security breaches or unauthorized use of your account.
When selecting a username, you must not use the name of another individual or entity without proper authorization. Additionally, usernames that are offensive, obscene, or indecent are strictly prohibited.
We reserve the right to reject service, terminate accounts, remove or modify content, or cancel orders at our discretion. This ensures the proper functioning of our service and upholds our standards.
13. Intellectual Property
The Platform and its contents(excluding user-provided content), including but not limited to text, graphics, logos, images, and software, are the intellectual property of the Company and protected by copyright and other intellectual property laws. You may not modify, reproduce, distribute, or create derivative works based on the Platform without the Company's prior written consent.
14. Copyright Policy
We highly value the intellectual property rights of others and strive to address any claims of copyright infringement ("Infringement") that may arise from content posted on our service.
If you are a copyright owner or an authorized representative, and you believe that your copyrighted work has been copied in a manner that constitutes copyright infringement, please send a detailed claim to [email protected] with the subject line: "Copyright Infringement." In your claim, provide a comprehensive deion of the alleged infringement. It is important to note that making false or bad-faith claims of copyright infringement against eCom Smart Hall, its agents, and/or services may result in liability for damages, including costs and attorney's fees. To contact our copyright agent, please use the email address [email protected].
Upon receiving a valid copyright infringement claim, we will promptly investigate the matter and take appropriate action, which may include removing or disabling access to the allegedly infringing content. We may also contact the individual who posted the content to provide an opportunity for them to respond to the claim.
We encourage all users to respect the intellectual property rights of others.
15. Bugs Reporting and Feedback
We appreciate your input and encourage you to share any information, suggestions, or feedback ("Feedback") related to errors, bugs, improvements, ideas, issues, complaints, or our services. You can reach us directly by emailing [email protected].
By submitting your Feedback, you agree to the following terms:
15.1 You confirm that your Feedback does not infringe upon any intellectual property rights, titles, or interests of any party, nor does it make any claims or demands.
15.2 You acknowledge that the company may independently develop ideas that are similar to your Feedback.
15.3 You assert that the Feedback does not contain any confidential or proprietary information belonging to you or any third party.
15.4 You understand and agree that the company is not bound by any obligations of confidentiality with respect to the Feedback.
Unless transfer of ownership of Feedback is prohibited by applicable laws, you grant the company and its affiliates an irrevocable, transferable, sublicensable, non-exclusive, royalty-free, worldwide, and perpetual right to use, reproduce, modify, create derivative works from, publish, distribute, and commercialize the Feedback in any manner and for any purpose.
We value your contribution and assure you that your Feedback will be considered. However, please note that we are not obligated to implement any suggestions or ideas provided. We may also contact you for further clarification or discussion regarding your Feedback, if necessary.
16. Links to Third-Party Websites
Our service may include links to third-party websites or services that are not owned or controlled by eCom Smart Hall.
We want to emphasize that eCom Smart Hall does not have control over the content, privacy policies, or practices of any third-party websites or services. We do not endorse or assume any responsibility for the accuracy or reliability of any information, offers, products, or services provided by these entities or their websites.
By accepting and agreeing to these terms, you acknowledge and understand that eCom Smart Hall cannot be held responsible or liable, directly or indirectly, for any damages or losses incurred or alleged to be incurred in connection with the use of or reliance on any content, products, or services available through these third-party websites or services. We strongly recommend that you review the terms and privacy policies of any third-party websites or services you visit.
It is important to exercise caution and make informed decisions when accessing or engaging with any external websites or services linked to our service.
17. Warranty Disclaimer
The services provided by the company are offered "as is" and "as available," without any representation or warranty of any kind, whether express or implied. The company does not warrant or guarantee the completeness, safety, reliability, accuracy, or suitability of its services, activities, content, or resources. You explicitly agree that the use of these services, their content, and any services or items obtained through them, is solely at your own risk.
The company, including its affiliates or associates, does not make any warranties or representations regarding the entirety, integrity, dependability, quality, accuracy, or availability of any third-party websites or services. Without limiting the foregoing, the company or any of its affiliates or associates does not represent or warrant that any subject matter, content, or services provided through any third-party website or service will be correct, reliable, error-free, or uninterrupted. Additionally, the company does not warrant that any defects in such services or servers making them available will be free from viruses or other harmful components, or that any services or items obtained through them will meet your requirements or expectations.
To the extent permitted by applicable law, the company disclaims all warranties, whether express or implied, including but not limited to any warranties of merchantability, non-infringement, and fitness for a particular purpose.
Please note that the warranty disclaimer above does not affect any warranty that cannot be excluded or limited under applicable law.
18. Liability Limitation
To the extent permitted by law, you agree to hold us, our officers, directors, employees, and agents harmless from any indirect, punitive, special, consequential, or incidental damages, including attorney’s fees, costs, and expenses incurred in the defense or settlement of any claim or action. This applies to damages arising from or related to this agreement, negligence, breach, tortious actions, or any other legal theory, and includes claims for personal injury or property damage. This liability limitation applies even if we have been advised of the possibility of such damages or losses.
In no event shall our liability, whether in contract, tort (including negligence), or any other theory of liability, exceed the amount paid for the respective quantity of products and/or services. This limitation of liability shall apply even if a remedy provided under this agreement is found to have failed its essential purpose, pursuant to applicable law.
Please note that certain states may not allow the exclusion or limitation of certain damages. Therefore, some of the above limitations or exclusions may not apply to you.
We reserve the right to close or suspend your account, and at our sole discretion, deny access to the service with or without cause, and without prior notice or liability. This action may be taken in the event of a breach of terms or responsibilities, or for any other reason we deem appropriate.
If you decide to close your account, you may only disable the service. Please note that certain provisions of the terms will continue to apply even after termination, as they are necessary to protect the rights and interests of both parties. These provisions include ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
If you have any questions or concerns about the termination process, please contact our support team for further assistance.
20. Service Changes
We reserve the right to make changes to the terms of service by posting amended terms on this site. These modifications may occur at any time, and it is your responsibility to regularly review the terms of service.
By continuing to use the service after any changes have been made, you are indicating your acceptance of the modified terms.
We encourage you to periodically review the terms of service to stay informed about any updates or changes that may affect your use of the service.
21. Modification of Terms and Conditions
We reserve the right to withdraw or modify our services, as well as any aspect or element of the service, at our sole discretion. Such modifications may occur without prior notice or liability. This includes, but is not limited to, interruptions in service access or the discontinuation of certain services. In the event of any claim or legal action arising from this agreement, including litigation and settlement, you may be responsible for attorney fees and other related costs and expenses, to the extent permitted by law.
Except as prohibited by applicable law, in the event that the company incurs liability, it does not provide any explicit or implied warranties, guarantees, qualities, accuracies, or availabilities regarding the completeness, security, reliability, quality, or fitness for a particular purpose of the services or any of its components. Furthermore, the company does not make any representations or warranties regarding any individual associated with the company or the company as a whole. It is important to note that some states do not allow the exclusion or limitation of incidental, consequential, or certain damages, so the above limitation or exclusion may not apply to you.
22. Indefiniteness and Severability
The inclusion of any specific term or condition in this agreement does not render any other provision of the agreement indefinite or severable from the terms and conditions. No rights or obligations shall be established under this agreement by the failure of the company to assert or enforce any rights or provisions.
In the event that any provision of this agreement is deemed illegal, invalid, or unenforceable by a court or other competent jurisdiction, such provision shall be considered waived or limited to the minimum extent necessary. This allows the remaining provisions of the agreement to remain in full force and effect.
23. Governing Law
This agreement shall be governed by and construed in accordance with the laws of Bangladesh, without giving effect to any conflicts of law principles. The laws of Bangladesh shall apply to this agreement, and any disputes arising from or related to this agreement shall be subject to the jurisdiction of the courts in Bangladesh.
No waiver of any provision of this agreement shall be deemed a further or continuing waiver of such provision or any other provision, and the failure of the company to assert any right or provision under this agreement shall not constitute a waiver of such right or provision.
If any provision of this agreement is deemed invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified, limited, or eliminated to the minimum extent necessary to ensure that the remaining provisions of this agreement remain in full force and effect.
26. Entire Agreement
This agreement constitutes the entire agreement between you and the company regarding the services and supersedes all prior agreements and understandings, whether written or oral, regarding the subject matter.
By utilizing our services or any other services provided, you acknowledge that you have read and agree to the terms outlined in these service terms. You give your consent to be bound by these terms and conditions.
28. Contact Us
For any feedback, comments, or requests for technical assistance, please feel free to contact us via email.
Please send your inquiries or messages to the following email address: [email protected]
Our team will review your communication and respond to you as soon as possible. We appreciate your engagement and look forward to assisting you.
Last Revision: July 19, 2023