TechnoSoft Integrations, House 7,1 Aurangajeb Rd, Dhaka-1207, Bangladesh (hereinafter referred to as “we” or “us” or “our” or “Tcard”) provides its services to you through its website located at https://www.tcard.biz (the “Site”) and through its mobile applications and related services (collectively, such services, including any new features and applications, and the Site, the “Services”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”).
We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Services user interface, in an email notification or through other reasonable means. For existing users of the Services, any such changes will become effective no earlier than fourteen days after they are posted, except those changes addressing new functions of the Services or changes made for legal reasons will be effective immediately, and for new users signing up for the Services, any changes will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.
1. Access and Use of the Service
Description of Services: The Services are software accessed over the internet and via mobile devices for the purpose of sharing, updating, storing, accessing and otherwise using your own contact information and the contact information of other people in your network.
Security of your account: You agree to be responsible for any act or omission of any users that access the Services under your account. You agree to immediately notify “Tcard” of any breach of security of which you become aware.
Access to the Service: You are responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Service. You are responsible for ensuring that such equipment and services are compatible with the Service, and, to the extent applicable, the Software (as defined below), and complies with all configurations and specifications set forth in “Tcard” published policies then in effect.
Modifications to the Service: “Tcard” reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that “Tcard” will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
General Practices Regarding Use and Storage: You acknowledge that “Tcard” may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on “Tcard’s” servers on your behalf. You agree that “Tcard” has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that “Tcard” reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that “Tcard” reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Mobile Services: The Service includes certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.
2. Conditions of Use
User Conduct: You are solely responsible for all information, data, text, images, video or other materials (“Content”) that you upload, post, publish, display, transmit or send (collectively, “Transmit”) or otherwise use via the Service. You agree to use the Service in compliance with the “Tcard” Acceptable Use Policy available at www.tcard.biz/legal/aup. “Tcard” reserves the right to investigate and take appropriate legal action against anyone who, in “Tcard’s” sole discretion, violates this provision, including without limitation, suspending or terminating the account of such violators and reporting you to the law enforcement authorities.
Fees: To the extent the Service or any portion thereof is made available for any fee, you will be required to select a payment plan and billing frequency (annual or monthly) as described on www.tcard.biz/pricing and provide “Tcard” information regarding your credit card or other payment instrument. You represent and warrant to “Tcard” that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay “Tcard” the amount that is specified in the payment plan in accordance with the terms of such plan and this Terms of Service. You hereby authorize “Tcard” to bill your payment instrument in advance on a periodic basis in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must notify “Tcard” in writing within sixty (60) days after the date that “Tcard” charges you. We reserve the right to change “Tcard's” prices. If “Tcard” does change prices, “Tcard” will provide notice of the change through the Service or in email to you, at “Tcard’s” option, at least 30 days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. “Tcard” may choose to bill through an invoice, in which case, full payment for invoices issued in any given month must be received by “Tcard” thirty (30) days after the mailing date of the invoice, or the Services may be terminated. Unpaid invoices are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection. You shall be responsible for all taxes associated with the Services.
Business Accounts: If you have been provided access to the service as part of your employer’s business account with “Tcard”, then you acknowledge that your right to access and use the Service is subject to the terms of a separate agreement between “Tcard” and your employer. Your access to the Service may be revoked by your employer at any time.
Commercial Use: Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or transmit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
3. Third Party Distribution Channels
“Tcard” offers Software applications that may be made available through the Apple App Store, Android Marketplace or other distribution channels (“Distribution Channels”). If you obtain such Software through a Distribution Channel, you may be subject to additional terms of the Distribution Channel. These Terms of Service are between you and us only, and not with the Distribution Channel. To the extent that you utilize any other third-party products and services in connection with your use of our Services, you agree to comply with all applicable terms of any agreement for such third-party products and services.
With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “ Apple-Enabled Software ”), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:
“Tcard” and you acknowledge that these Terms of Service are concluded between “Tcard” and you only, and not with Apple Inc. (“Apple”), and that as between “Tcard” and Apple, “Tcard”, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
“Tcard” and you acknowledge that “Tcard”, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
You represent and warrant that (i) you are not located in a country that is subject to a Bangladesh Government embargo, or that has been designated by the Bangladesh Government as a "terrorist supporting" country; and (ii) you are not listed on any Bangladesh Government list of prohibited or restricted parties.
4. Intellectual Property Rights
All intellectual property rights (including all copyright, patents, trademarks, service marks, trade names, designs whether registered or unregistered, (hereinafter called the "Intellectual Property Rights" in the Application, information content on the Application, any database operated by us and all the design, text and graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain our property (or that of our licensors). You shall not, and shall not attempt to, obtain any title to any such intellectual property. All rights are reserved.
5. Third Party Services
The Service may provide, or third parties may provide, links or other access to other sites, services, products, and resources on the Internet (“Third Party Services”). “Tcard” has no control over such Third-Party Services and “Tcard” is not responsible for and does not endorse such Third-Party Services. You further acknowledge and agree that “Tcard” will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such Third-Party Service. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that “Tcard” is not liable for any loss or claim that you may have against any such third party.
6. Indemnity You agree to defend, indemnify and hold harmless us, our parent, subsidiaries, affiliates, third-parties and their respective officers, directors, agents, and employees from and against all claims and expenses, including attorneys' fees, arising out of claims based upon the use of user's actions or inactions, including but not limited to any warranties, representations or undertakings or in relation to the non-fulfillment of any of its obligations under this Agreement or arising out of the user's infringement of any applicable laws, regulations including but not limited to Intellectual Property Rights, confidentiality obligations, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other users and infringement of intellectual property or other rights.
7. Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
The Application/platform is made accessible on an "as is" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this Agreement.
We shall not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement, even if we have been advised of the possibility of such damages.
8. limitation of liability
You expressly understand and agree that tcard will not be liable for any indirect, incidental, special, consequential, exemplary damages, or damages for loss of profits including but not limited to, damages for loss of goodwill, use, data or other intangible losses (even if “tcard” has been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability or otherwise, resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service. In no event will our total liability to you for all damages, losses or causes of action exceed the amount you have paid tcard in the last three (3) months.
9. Governing Law and Dispute Resolution by Binding Arbitration
This Agreement shall be governed by and constructed in accordance with the laws of Bangladesh and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts of Dhaka, Bangladesh.
All disputes relating to the terms and conditions of this agreement shall be settled amicably between the two parties within 30 days. If the amicable settlement fails or that 30 days period expires without any settlement then that dispute shall be referred to arbitration in accordance with the provisions of the Arbitration Act, 2001. Each party shall appoint its own arbitrator and the arbitrator of the parties so appointed shall appoint a third arbitrator who shall be the Chairman of the Arbitral Tribunal.
If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights.
10 Force Majeure
Without prejudice to any other provision herein, we shall not be liable for any loss, damage or penalty as a result of any loss of information due to any cause beyond our control, including, without limitation, acts of the User, governmental act, and any unlawful access to our information i.e. hacking or acts of God.
You agree that “Tcard”, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if “Tcard” believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. “Tcard” may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be affected without prior notice, and acknowledge and agree that “Tcard” may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that “Tcard” will not be liable to you or any third party for any termination of your access to the Service.
12. Your Privacy
Questions? Concerns? Suggestions? Please contact us at [email protected] to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service.
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