Your relationship with AQUA Gadget
Your use of AQUA Gadget. Mobile, services, accessories and web sites is subject to the terms of a legal agreement between you and AQUA Gadget. Whose principal place of business is at Shop# 7/1 (3rd floor), Rajuk Trade Center, Nikunja-2, Khilkhet, Dhaka-1229, BANGLADESH, this document explains how the agreement is made up, and sets out some of the terms of that agreement.
Unless otherwise agreed in writing with AQUA Gadget, your agreement with AQUA Gadget will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the general terms
1. Accepting the terms:
In order to use the services, you must first agree to the terms. You may not use the services if you do not accept the terms.
2. Clicking to accept or agree to the term:
Where this option is made available to you by AQUA Gadget in the user interface for any service; or By actually using the services. In this case, you understand and agree that AQUA Gadget will treat your use of the services as acceptance of the terms from that point onward.
You may not use the services and may not accept the terms if (a) you are not of legal age to form a binding contract with AQUA Gadget, or (b) you are a person barred from receiving the services under the laws of the Bangladesh
3. Your passwords and account security:
3.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the services.
3.2 Accordingly, you agree that you will be solely responsible to AQUA Gadget for all activities that occur under your account.
3.3 If you become aware of any unauthorized use of your password or of your account, you agree to notify AQUA Gadget immediately.
4. Site content:
4.1 You acknowledge that the site contains information, data, software, photographs, graphics, videos, text, images, typefaces, sounds, and other material (collectively “content”) that are protected by copyrights, trademarks, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or herein after developed..
4.2 All content is copyrighted as a collective work under the Bangladesh. Copyright laws and we own a copyright in the selection, coordination, arrangement, and enhancement of such content.
4.3 You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the content, provided that the copies are made only for your personal, information and non-commercial use and that you do not alter or modify the content in any way, and maintain any notices contained in the content, such as all copyright notices, trademark legends, or other proprietary rights notices.
4.4 In addition to the foregoing, use of any software content shall be governed by the software license agreement accompanying such software, if any.
4.5 Online pricing and offers valid for online customers only.
5.1 Some of the services are supported by advertisements and sales promotions. These advertisements may be targeted to the content of information stored on the services, new launching, and queries made through the services or other information.
5.2 The manner, mode and extent of advertising by AQUA Gadget on the services are subject to change without specific notice to you.
5.3 In consideration AQUA Gadget granting you access to and use of the services, you agree that AQUA Gadget may place such advertising on the services
AQUA Gadget is our trademarks and service mark. All other trademarks, product names, and company names and logos appearing on the site are the property of their respective owners.
If you submit, post or otherwise send us any information, content or materials including, without limitation, comments, reviews, data, text, messages, files, images, photographs, videos, audiovisual works, other persons’ names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and any other materials, as well as links to data, text, files, images, photographs, videos, audiovisual works, shall be entitled to unrestricted use of such submissions for any purpose at all, commercial or otherwise, without the requirement of any further permission from or payment to you or to any other person or entity, including without limitation for inclusion in any future gale publication or gale product, with no compensation to you.
No submission shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any submission. Without limiting the previous, you hereby grant us.
8. Payment and billing:
You must select a payment method to pay us for any purchases you make from us. Every time you use the service, you reaffirm that
- We or our authorized billing agents are authorized to charge your designated payment method.
- We may submit charges incurred under your account for payment; and you will be responsible for such charges, even if your membership is cancelled or terminated. You agree that we may charge your payment method for all amounts due to us without additional notice or consent unless required otherwise by law
- You are responsible for all charges incurred under your account made by you or anyone who uses your account (including your children, family or friends).
- We may, in our discretion, post charges to your payment method individually or may aggregate your charges with other purchases you make on the site and apply those charges to your next billing cycle. All purchases for mobile, services, accessories, and all subscriptions are final and nonrefundable.
- You must notify us about any billing problems or discrepancies within 3 days after they first appear on the statement you receive from your bank or Credit Card Company.
- If you do not bring such problems or discrepancies to our attention within 3 days, you agree that you waive the right to dispute such problems or discrepancies.
- In case of Order cancellation ,the mode of payment will be done by transferring through Portwallet 14 working days. ( i.e we can’t offer your payment as cash ).
9. Proof of identification:
AQUA Gadget, reserves the right to ask for defined proof of identification at the time of delivery. Failure to provide the same to either the AQUA Gadget or any of its associates, can lead to cancellation of the order. In case of any gift items, customer who has made the transaction online will have to provide his/her proof of identification.
10. Limitation of liability:
You hereby agree to fully identify, defend and hold our company and its parent and affiliates and their respective officers, directors, employees and licensors harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys’ fees) incurred by you in connection with
(I) Any use or alleged use of AQUA Gadget / services through your account by any person, whether or not authorized by you.
(II) The operation and content on your site or
(III) Any breach of your representations and warranties and other covenants under this agreement
AQUA Gadget reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, and agree to cooperate with AQUA Gadget defense of such claim.
Under no circumstances and under no legal theory, tort, contract, strict liability, or otherwise, shall the mobile store(s)/content producer or AQUA Gadget be liable to you or any other person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for lost profits, loss of goodwill, work stoppage, accuracy of services, content or results, computer failure or malfunction, damages resulting from disabling of the services provided as part of the mobile store(s).
11. Shipping info:
Estimated time of delivery 7 to 15 days from the date of technically and commercially clear order and acceptance.
Shipping charges will be extra otherwise mentioned clearly. Dispatch of goods will be through reputed couriers. Most of the items are shipped within 24-48 working hours after the payment is cleared. Delivery of goods will be made only on weekdays and working days. No delivery during weekends, holidays and after office hours.
AQUA Gadget has rights to cancel order at any circumstance. Shipping information will be provided on request only. Shipping and handling fees are non refundable.
12. Applicable taxes:
Unless otherwise stated, all prices exclude VAT / TAX as applicable in Bangladesh.
Mobile handsets & chargers are warranted for a period defined by the respective manufactures agents defect in material & workmanship. AQUA Gadget is not giving the warranty and does not hold out any warranty of products sold.
AQUA Gadget will not be responsible for any defective / deficient or otherwise unsatisfactory products any such defective or deficient goods has to be repaired only by authorized service center of the equipment manufacturer.
All the terms and conditions of AQUA Gadget apply. Goods once sold cannot be returned or exchanged.
14. Governing law and jurisdiction:
These terms and conditions shall be governed by and construed in accordance with the law of Bangladesh and any legal discrepancy or disputes will be heard or proceed in the exclusive jurisdiction of the Bangladesh courts.