is a growing company, and as our business changes, we may make amendments or revisions to the terms and conditions of the Contract from time to time. Any amendment or revision to the Contract will be published on our website. You are responsible for reviewing the most current version of the Contract on our website.
- These terms and conditions constitute a legally binding agreement between you and DIGITALLY RIGHT LIMITED, with respect to your use of our services, website and/or mobile application, and the contents contained therein. By entering into this Contract, you acknowledge and agree that you have reached the minimum age and are legally competent to contract, and, in relevant cases, have necessary mandate and/or authority to enter into this Contract. This Contract shall override any agreement, understanding, arrangement, or undertaking, howsoever and whensoever expressed, to the extent it contradicts the terms and conditions of the Contract. This Contract shall apply to you on each instance you use our services, website or mobile application, from anywhere in the world. By registering, or accessing or using our services, website or mobile application, you acknowledge to have accepted and be legally bound by the Contract. If you do not agree to this Contract, you may not use our services, website or mobile application. If you subsequently wish to terminate this Contract, you may choose to cease using our services, website or mobile application. By continuing to use our services, website or mobile application, you will be deemed to have agreed to this Contract.
- DIGITALLY RIGHT reserves the right to supplement the Contract with additional policies, and make amendments, modifications or variations to the same from time to time, which shall be deemed to be effective from the time it is published on the website. You hereby acknowledge and agree that you are responsible for reviewing the most current version of the Contract on our website.
- For the purposes of clause 1.1, the term “minimum age” shall mean eighteen years old, or such other age as may be stipulated in the applicable laws. Where you have not reached the minimum age, you must have permission from your parent or legal guardian in order to use our services, website or mobile application, and someone who has reached minimum age must enter into this Contract. You acknowledge that we do not monitor the age of our clients and customers, and agree that any misrepresentation will be without any liability on our part.
SERVICES, CONTENTS, AND ACCESS TO WEBSITE AND MOBILE APPLICATION
- DIGITALLY RIGHT offers a range of services to its clients and customers, including, without limitation: (i) communication and technology consultancy, (ii) research and studies, and commission publications, (iii) digital content development and management, (iv) training, capacity building and human resource development, (v) fact-checking, and (vi) policy analysis. The terms and conditions of this Contract applies to each of these services.
- DIGITALLY RIGHT grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to use its website and/or mobile application. You shall not use our website and/or mobile application in a manner that violates the applicable laws, or infringes our legal rights under this Contract. We reserve the right to limit or restrict you from using our website and/or mobile application, at our sole discretion.
- Any content accessible on our website or mobile application is for your general information only. It does not constitute technological, technical, financial or legal advice or any other type of advice, and should not be relied on for any purposes. We also do not make, and hereby expressly disclaim, any representation about the accuracy, truthfulness, reliability or sufficiency of the contents published on our website and mobile application. If you see any unlawful, inaccurate, incomplete, delayed, infringing, or misleading content on our website or mobile application, please let us know via e-mail to [[email protected]]. We will use reasonable efforts to review the content and, in appropriate case, remove them from our website and mobile application. Notwithstanding the foregoing, and for the avoidance of doubt, we do not, and are under no obligation to, review and remove contents from our website and mobile application, and you agree that a failure to review or remove such unlawful, inaccurate, incomplete, delayed, infringing, or misleading contents is not, and should not be construed as, an endorsement, acceptance, support to or agreement by DIGITALLY RIGHT with the substance of such contents. We are also not responsible or liable for any loss or damage incurred as a result of any reliance on such contents.
- By using our services, website or mobile application, you agree only provide content and information that is accurate, truthful, in compliant with the applicable laws and the legal and intellectual property rights of others. We reserve the right to limit or restrict you from using our services, website and/or mobile application in the event you fail to comply with this requirement.
- We do not make, and hereby expressly disclaim, about the appropriateness or availability of the website and mobile application.
OWNERSHIP, USE AND INTELLECTUAL PROPERTY RIGHTS
- As between you and DIGITALLY RIGHT, you own the content that you submit or post on our website or mobile application, and you are granting us a universal, non-exclusive, sublicensable, and transferrable license to use, copy, modify, distribute, publish and process the content, without any further consent, notice and/or compensation to you or others.
- Our website and mobile application are for your personal and noncommercial use only. The intellectual property rights in the website and mobile application, and in contents contained therein, are owned by us or our licensor. We or our licensor have a universal, irrevocable, perpetual, transferrable, and sublicensable license to use the contents made available on our website or mobile application. For the avoidance of doubt, nothing in these terms and conditions shall grant you any legal or contractual right in respect of the contents on our website or mobile application. You have a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to access our website and mobile application and the contents contained therein, and use them in a manner which does not affect the right of the relevant intellectual property right holder.
- We reserve intellectual property rights in respect of our company name, brand name, trade name, service mark, logo, and designs, under the trademark and copyright laws, and any unauthorized use of such company name, brand name, trade name, service mark, logo, and design, or any content in which we have intellectual property rights in, including its use in any website, document, or e-mail, without our written permission, shall constitute a violation of our intellectual property rights.
NO WARRANTY, LIMITATION OF LIABILITIES
- DIGITALLY RIGHT make no representation or warranty about the services, website or mobile application, including any representation that the services, website or mobile application will be uninterrupted or error-free, and provide the services (including content and information) on an “as is” and “as available” basis. To the fullest extent permitted under applicable law, we disclaim any implied or statutory warranty, including any implied warranty of title, accuracy of data, non-infringement, merchantability or fitness for a particular purpose.
- DIGITALLY RIGHT will not be liable in connection with this Contract for lost profits or lost business opportunities, reputation, loss of data, or any consequential, exemplary, incidental, indirect, punitive or special damages, to the fullest extent permitted by law.
- DIGITALLY RIGHT will not be liable to you in connection with this Contract for any amount that exceeds the total amount paid or payable by you to us under this Contract or any other agreement, or US$ 1,000, whichever is lower.
- You agree to defend, indemnify and hold DIGITALLY RIGHT and its directors, members, officers, employees, authorized agents, and representatives harmless from any and all claims, demands, losses, liabilities, and expenses, including reasonable attorneys’ fees, arising out of or in connection with your use or misuse of the services, website or mobile application, or your breach or violation of any of the terms and conditions of this Contract, or any applicable laws.
SEVERABILITY AND NON-WAIVER
- If one or more terms and conditions this Contract is deemed illegal, invalid, or unenforceable, we shall modify those terms and conditions to the minimum extent necessary to correct the illegality, invalidity, or unenforceability, while still achieving its intent, without prejudice to the other terms and conditions of this Contract.
- A failure to act to enforce a breach of this Contract does not mean that DIGITALLY RIGHT has waived its right to enforce this Contract. You may not assign or transfer this Contract to anyone without our consent. There are no third-party beneficiaries to this Contract.
GOVERNING LAW AND DISPUTE RESOLUTION
- This Contract shall be governed by and construed solely in accordance with the laws of Bangladesh.
- You agree that all claims and disputes arising between you and DIGITALLY RIGHT in connection with this Contract shall be amicably resolved within thirty (30) working days. If any dispute is not resolved within the aforementioned timeline, then the matter could be referred to arbitration, in accordance with the rules of the Bangladesh International Arbitration Centre and the applicable arbitration laws. All arbitration proceedings shall be conducted in the English language and the place of arbitration shall be Dhaka, Bangladesh. The decision of the arbitration tribunal shall be regarded as final and binding on all the parties. Each party shall bear its own costs, charges and fees of such arbitration.