CONTRACTUAL RELATIONSHIP
OTONEST Ltd., incorporated under the Companies Act, having its registered office at Plot-34, H M Plaza, Sector-03, Uttara, Dhaka-1230 operating under the trademarked name “OTONEST”, provides all kinds of bike and car selling and auto parts buying and selling opportunities. The use and access of our website www.otonest.com and our mobile applications “OTONEST’’ or any products or services in connection with the Application or Website shall be governed by these terms and conditions.
These terms constitute a legally binding agreement between OTONEST and its Users and govern your use of the Platform to browse and avail of the Services displayed by OTONEST. By accessing our Services, you agree to be bound by these terms. You can stay out of using our services if you don’t agree with these terms. OTONEST requests that Users carefully read these terms & conditions before accessing the Platform or availing of Services.
These Terms are collectively an electronic record in terms of the Bangladesh Contract Act; the Information Technology Act. These terms are written by computer system-generated methods which don’t require any digital or electronic signature.
DEFINITIONS
“Content” will include but is not limited to reviews, images, photos, audio, video, and all other forms of information. "Your Content" or "User Content" shall mean Content that you upload through or in connection with the Services, such as likes, ratings, reviews, images, photos, messages, profile information, and any other materials that you publicly display or display in your account profile. "OTONEST Content" means Content that the Company creates and makes available including, but not limited to, visual interfaces, interactive features, graphics, design, compilation, computer code, products, reports, software, aggregate ratings, and other usage-related data in connection with activities associated with your account and Services excluding Your Content.
“Estimated Cost” will include the service provider’s approximation of what the Service is likely to cost.
“Membership Plan(s)” means subscription or other kinds of membership offers provided by the Company to Users from time to time through online or offline media.
“Service(s)” means services provided through the Platform, as described in further detail under Clause 3 below. The Services provided through the Platform may change from time to time.
“User” or “You” shall mean any individual who is desirous of availing Services on the Platform as and who is registered on the Platform for this purpose.
SERVICES
The Services represent a technology platform that enables Users provided as part of the Services, to buy, sell, and exchange with independent third-party providers. Once you submit a request, we may provide you with a list of possible service providers along with their experience information.
You acknowledge that OTONEST does not buy or sell any bikes, cars, or parts to its customers and that all such above-stated services are provided by other independent third-party contractors who are not employed by the Company.
ELIGIBILITY
You hereby state and warrant that you are eighteen years or above in age and are fully able and competent to understand and agree to the terms, conditions, and warranties outlined in these terms, and to abide by and comply with the Terms stated therein.
You comply with all laws and regulations of the country you are living in when you access and use the Services. You come in agreement to use the Services only in compliance with these Terms and applicable laws, and in a manner that does not violate our legal rights or those of any third parties.
If you use the Services on behalf of an organization or company, you agree to these Terms on behalf of that organization or company and you have the authority to act on behalf of your organization.
USE OF SERVICES
You must create an account with the platform to avail the services provided by the company. Use of any personal information or graphical content you provide during your time of registration is done by the policy of the company. You must secure and protect your password to secure your account and the details and maintain the confidentiality of it, all updates submitted through your account, and also all activities that happen in connection with your account.
SUPPORT
OTONEST offers an email and a number to support its users with any needs along with FAQs. In case of any query, you can email info@otonest.com or call our helpline within 7 days and 24 hours.
The company tends to reply the fastest possible as soon as it receives a complaint.
The company shall address any issue regarding users following its standards and not.
PROHIBITED USAGE OF THE PLATFORM
Users shall be prohibited from doing, or posting content that is misleading, unlawful, abusive, harmful, threatening, libelous, vulgar, tortuous, defamatory, obscene, child-pornographic, lewd, lascivious, hateful, profane, invasive of another's privacy, or racially, ethnically or otherwise objectionable to acts mentioned
are violating or attempting to violate the integrity or security of the Platform. Also transmitting any information on or through the Platform that is disruptive or false might turn our image down. Also, any unlawful activities which are prohibited by the Law of Bangladesh should be prohibited.
The Company reserves all the rights to use the information of its users for the purposes it stated. And no user shall use any of its original content unlawfully.
We may disclose users’ data to the government in severe unavoidable circumstances to administer bigger benefits.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
All comments, feedback, graphic submissions, information, or anything related to that category are the property of OTONEST. The company reserves the right to use them in times of need not limited to committed third-party and others. Users should also avoid any unlawful things in comments, feedback, or in anything. Also, any other users should not be threatened or forced to do anything illegal which is prohibited by the law of Bangladesh.
Even in terms of review if anything goes wrong a user shall use modest language to criticize.
USER DATA
You guarantee that any information provided by you is correct, and authentic when you agree with the terms and conditions, if found otherwise, OTONEST has the full authority to terminate your account or suspend it for further proceedings.
You agree that the company per its privacy policy may collect, store and use your data to give you a better experience while using our platform.
Subject to applicable law, the Company may disclose specific user data to the concerned authority of the government.
INTELLECTUAL PROPERTY RIGHTS
The platform is designed and maintained by the company. When you use the platform, you thus get permission to use the platform which is granted by the company. All contents, graphics, audio, video, logo, trade name, trademarks, patents, and designs are the sole property of the OTONEST. All third-party data, graphics, and trademarks are the property of the respected owners. Content on the Platform is for personal use only, unless permitted otherwise. You use all of them while doing business on the platform. At the same time using any of the mentioned items out of the platform is extremely prohibited and such doings may face the law.
You acknowledge that the company has the full authority in changing the terms from time to time which you can find on the website and the company is not obligated to inform you.
LICENSE
The Company grants you the license of using our platform only to buy, and sell on the platform and you shall not break any of the regulations or violate any of the terms.
The intellectual property is solely owned by the company and you are not in any way licensed to use anything from the company not limited to contents, graphics, audio, video, or trademarks out of the platform.
LIMITATION OF LIABILITY
The company is not liable in any way for any unauthorized moods of business. All the users including customers and vendors are through several scrutiny’s. If by any means any unauthorized sales happen then the company is not liable in any way. But in terms of buying or selling through our proper and standard methods, the company may play a strong role to satisfy all parties involved.
In no case are our directors, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors, liable for any kind of damages, including lost profits, lost data, personal injury, or property damage related to, or otherwise resulting from any use of the Services, even if the Company has been advised of the possibility of such damages.
BILLING/CHARGES
You acknowledge that by selling or buying you will be charged accordingly. As a limited payment collection agent for a third-party service provider, the Company will facilitate your payment of the applicable Charges after you have received services through your use of the Service. All charges are subject to tax and applicable law. Unless otherwise stated by the OTONEST, all Charges paid by you are final and non-refundable.
The charges may be updated or changed with the possible needs and requirements.
Any buyer shall be liable to pay in full while purchasing anything from any vendors and in cases of refusal shall be dealt with strictly applicable and is also subject to any liquid payment. The same goes for the vendors if in any case, the buyers don’t get the products in accordance with their orders unless, for obvious reasons, any violation of terms shall be dealt with strictly according to the law of Bangladesh.
In case of any mistake, the parties should immediately resolve or notify our support team. If not done so, the responsible party shall face the law.
You acknowledge that you will take care of the charge fixed by the company.
Several offers may be placed from time to time. The company reserves all rights in terms of any other or changing them
The payment processes through our platform are maintained by the company. If any party makes any payment through any other methods then the company is not liable for any consequences.
As we have no such authority to detect or manage any such exchange of payment.
CANCELLATION AND REFUND
You have no right to cancel or refund after confirming any purchase.
DISPUTE RESOLUTION
In any case of dispute from any party, the company legal team will take care of and solve the dispute only if the dispute is made under the terms of the company. If not then the company is not liable for any such consequences.
GOVERNING LAW
These terms and conditions are governed by the law of the People’s Republic of Bangladesh.
GENERAL PROVISIONS
Severability: If any provision of the Terms is found contrary to the concerned court, the remaining provisions of these Terms will remain in effect.
The company gives these terms so that everyone’s rights are secured and you agree and acknowledge these terms. Also, you have been given plenty of time to review and study these terms before agreeing with them.
TERMINATION
In case of any breach of the terms, the company has the full authority to terminate your account on this platform. The Company has the right to refuse to grant access to the Platform.
Once terminated such users will not have any access to their accounts or their data.
CONTACTING YOU
You agree that we may text, mail, or call you to ask for your feedback in terms of developing our service or in responding to any of your complaints.
You agree to fully cooperate with such communication of the company.
