1. CONTRACTUAL RELATIONSHIP
These Terms of Use ("Terms") govern the access
or use by you, an individual, from within Bangladesh of applications, websites,
content, products, and services (the “Services”) made available by Lastballsix
Platform, a private company established in Bangladesh.
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE
SERVICES.
Your access and use of the Services constitute your agreement to
be bound by these Terms, which establishes a contractual relationship between
you and Lastballsix Platform. If you do not agree to these Terms, you may not
access or use the Services. These Terms expressly supersede prior written
agreements with you.
Supplemental terms may apply to certain Services, such as
policies for a particular event, activity or promotion, and such supplemental
terms will be disclosed to you in connection with the applicable Services.
Supplemental terms are in addition to, and shall be deemed a part of, the
Terms for the purposes of the applicable Services. Supplemental terms
shall prevail over these Terms in the event of a conflict with respect to
the applicable Services.
Lastballsix Platform may restrict you from accessing or
using the Services, or any part of them, immediately, without notice,
in circumstances where Lastballsix Platform reasonably suspects that:
A.
you have, or are likely to, breach these Terms; and/or
B.
you do not, or are likely not to, qualify, under applicable law
or the standards and policies of Lastballsix Platform and its affiliates,
to access and use the Services.
Lastballsix Platform may terminate these Terms or any
Services with respect to you, or generally cease offering or deny access
to the Services or any portion thereof:
A.
immediately, where Lastballsix Platform reasonably suspects
that:
a)
you have, or are likely to, materially breach these Terms;
and/or
b)
you do not, or are likely not to, qualify, under applicable law
or the standards and policies of Lastballsix Platform and its affiliates,
to access and use the Services; or
B.
on 30 days' written notice to you, where Lastballsix
Platform, acting reasonably, terminates these Terms or any Services for
any legitimate business, legal or regulatory reason.
Without limiting its other rights under these Terms, Lastballsix
Platform may immediately restrict or deactivate your access to the
Services if you breach the Community Guidelines at any time.
You may terminate these Terms at any time, for any reason.
Lastballsix Platform may amend the any policies or supplemental
terms (including the Community Guidelines) related to the Services from
time to time. Lastballsix Platform will provide you with at least 30 days'
written notice in the event of a material change to any policies or
supplemental terms that detrimentally affects your rights under these
Terms. Amendments will be effective upon Lastballsix Platform’s posting of
such amended policies or supplemental terms on the applicable Service.
Your continued access or use of the Services after such posting, or after
the expiry of the notice period (whichever is later), constitutes
your consent to be bound by the Terms, as amended.
MODIFICATIONS TO TERMS OF USE
AND/OR PRIVACY POLICY
Lastballsix Platform reserves the right, in its sole discretion,
to change, modify, or otherwise amend the Terms, and any other
documents incorporated by reference herein for complying with legal and
regulatory framework and for other legitimate business purposes, at any time,
and Lastballsix Platform will post the amended Terms at the domain of www.Lastballsix.com/trams-condition.
It is your responsibility to review the Terms of Use for any changes and
you are encouraged to check the Terms of Use frequently. Your use of the
website (www.lastballsix.com) (“Website”) or
Applications (as defined below) (collectively “Lastballsix Platform”) following
the date that amendments to the Terms of Use take effect will signify your
assent to and acceptance of any revised Terms of Use. If you do not agree
to abide by these or any future Terms of Use, please do not use or access the Lastballsix
Platform.
PRIVACY POLICY
Lastballsix Platform has established a Privacy Policy that
explains to users how their personal information is collected and used.
The Privacy Policy is located at: Privacy Policy. The Privacy Policy
contains information about how users may seek access to and correction of their
personal information held by Lastballsix Platform and how they may make a
privacy complaint.
The Privacy Policy is hereby incorporated into the Terms of
Use set forth herein. Your use of this Website and/ or the Applications is
governed by the Privacy Policy.
Lastballsix Platform may disclose users’ personal information to
third parties. Lastballsix Platform may provide to a claim’s processor or
an insurer any necessary information (including your contact information)
if there is a complaint, dispute or conflict, which may include an
accident, involving you and a third party and such information or data
is necessary to resolve the complaint, dispute or conflict. Lastballsix
Platform may also provide to a law enforcement agency, statutory
body, governmental agency and/or investigative agency any
necessary information (including your contact information) if required by
law or in furtherance of any investigation involving you and a third party
and such information or data is necessary towards the
enquiry/investigation that is being carried out by the said body and/or
agency as the case may be.
2. THE SERVICES
Lastballsix Platform will provide the Services to you under
this Agreement. The Services constitute the provision of a technology
platform that enables you, as a user of Lastballsix Platform’s mobile
application (each, an "Application") or Website to: (a)
arrange and schedule home-based services with independent third-party
providers of those services, who have an agreement with Lastballsix
Platform or its affiliates (“Third Party Providers”); and (b) facilitate
payments to Third Party Providers for the services and receive receipts for
those payments.
The Services are made available solely for your
personal, non-commercial use, unless Lastballsix Platform has agreed with
you otherwise in a separate agreement. You acknowledge that Lastballsix
Platform does not provide home-based services and that all such home-based
services are provided by independent third-party contractors who are not
employed by Lastballsix Platform or any of its affiliates. Lastballsix
Platform accepts liability for the Services and the Platform that it
provides to you subject to these Terms. Third Party Providers are
responsible for the services they provide to you.
LICENSE
Subject to your compliance with these Terms, Lastballsix
Platform grants you a limited, non-exclusive, non-sublicensable,
revocable, non-transferable license to: (i) access and use the Platform on
your personal device solely in connection with your use of the Services; and
(ii) access and use any content, information and related materials that
may be made available through the Services, in each case solely for your
personal, non-commercial use. Any rights not expressly granted herein are
reserved by Lastballsix Platform and Lastballsix Platform’s licensors.
RESTRICTIONS
You may not: (i) remove any copyright, trademark or other
proprietary notices from any portion of the Services; (ii) reproduce,
modify, prepare derivative works based upon, distribute, license, lease,
sell, resell, transfer, publicly display, publicly perform, transmit,
stream, broadcast or otherwise exploit the Services except as expressly permitted
by Lastballsix Platform; (iii) decompile, reverse engineer or disassemble
the Services except as may be permitted by applicable law; (iv) link to,
mirror or frame any portion of the Services; (v) cause or launch any
programs or scripts for the purpose of scraping, indexing, surveying, or
otherwise data mining any portion of the Services or unduly burdening or
hindering the operation and/or functionality of any aspect of the
Services; or (vi) attempt to gain unauthorized access to or impair any
aspect of the Services or its related systems or networks.
PROVISION OF THE SERVICES
You acknowledge that portions of the Services may be made
available under Lastballsix Platform’s various brands or request options.
You also acknowledge that the Services may be made available under such
brands or request options by or in connection with: (i) certain of Lastballsix
Platform’s subsidiaries and affiliates; or (ii) independent Third-Party Providers.
THIRD PARTY SERVICES AND CONTENT
The Services may be made available or accessed in connection
with third party services and content (including advertising) that Lastballsix
Platform does not control. You acknowledge that different terms of use
and privacy policies may apply to your use of such third-party services
and content. Lastballsix Platform does not endorse such third-party
services and content and in no event shall Lastballsix Platform be
responsible or liable for any products or services of such third-party
providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation
or BlackBerry Limited and/or their applicable international subsidiaries
and affiliates will be third-party beneficiaries to this contract if you
access the Services using Applications developed for Apple iOS, Android,
Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third-party beneficiaries
are not parties to this contract and are not responsible for the provision
or support of the Services in any manner. Your access to the Services
using these devices is subject to terms set forth in the applicable third-party
beneficiary’s terms of service.
OWNERSHIP
The Services and all rights therein are and shall remain Lastballsix
Platform’s property or the property of Lastballsix Platform’s licensors.
Neither these Terms nor your use of the Services convey or grant to you
any rights: (i) in or related to the Services except for the limited
license granted above; or (ii) to use or reference in any manner Lastballsix
Platform’s company names, logos, product and service names, trademarks or services
marks or those of Lastballsix Platform’s licensors.
3. YOUR USE OF THE SERVICES
USER ACCOUNTS
In order to use most aspects of the Services, you must register
for and maintain an active personal user Services account ("Account").
You must be at least 18 years of age, or the age of legal majority in your
jurisdiction (if different than 18), to obtain an Account, unless a specific
Service permits otherwise. Account registration requires you to submit to Lastballsix
Platform certain personal information, such as your name, address, mobile
phone number and age, as well as at least one valid payment method (either
a credit card or accepted payment partner). You agree to maintain accurate,
complete, and up-to-date information in your Account. Your failure to maintain
accurate, complete, and up-to-date Account information, including having
an invalid or expired payment method on file, may result in your inability
to access or use the Services. You are responsible for all activity that
occurs under your Account, and you agree to maintain the security and
secrecy of your Account username and password at all times. Unless otherwise permitted by
Lastballsix Platform in writing, you may only possess one Account.
USER REQUIREMENTS AND CONDUCT
The Service is not available for use by persons under the age of
18. You may not authorize third parties to use your Account, and you may
not allow persons under the age of 18 to receive services from Third
Party Providers unless they are accompanied by you. You may not assign
or otherwise transfer your Account to any other person or entity. You
agree to comply with all applicable laws when accessing or using
the Services, and you may only access or use the Services for
lawful purposes. You will not, in your use of the Services, cause
nuisance, annoyance, inconvenience, or property damage, whether to the Third-Party
Provider or any other party. In certain instances you may be asked
to provide proof of identity or other method of identity verification
to access or use the Services, and you agree that you may be denied
access to or use of the Services if you refuse to provide proof of identity
or other method of identity verification.
NO DISCRIMINATION
Lastballsix Platform prohibits discrimination against Third
Party Providers based on race, religion, caste, national origin,
disability, sexual orientation, sex, marital status, gender identity, age
or any other characteristic that may be protected under applicable law.
Such discrimination includes, but is not limited to, any refusal to
accept services based on any of these characteristics. If it is found that
you have violated this prohibition you will lose access to the Lastballsix
Platform. Applicable laws in certain jurisdictions may require
and/or allow the provision of services by and for the benefit of a
specific category of persons. In such jurisdictions, services provided
in compliance with these laws and the relevant applicable terms
are permissible.
TEXT MESSAGING
By creating an Account, you agree that the Services may
send you text (SMS) messages as part of the normal business operation of your
use of the Services. You may opt-out of receiving text (SMS) messages from Lastballsix
Platform at any time by informing Lastballsix Platform of your decision to
stop receiving such text (SMS) messages. You acknowledge that opting out
of receiving text (SMS) messages may impact your use of the Services.
PROMOTIONAL CODES
Lastballsix Platform may, in Lastballsix Platform’s sole
discretion, create promotional codes that may be redeemed for Account
credit, or other features or benefits related to the Services and/or a Third-Party Provider’s
services, subject to any additional terms that Lastballsix Platform establishes
on a per promotional code basis ("Promo Codes"). You agree
that Promo Codes: (i) must be used for the intended audience and purpose,
and in a lawful manner; (ii) may not be duplicated, sold or transferred in any
manner, or made available to the general public (whether posted to a
public form or otherwise), unless expressly permitted by Lastballsix
Platform; (iii) may be disabled by Lastballsix Platform at any time for
any reason without liability to Lastballsix Platform; (iv) may only be
used pursuant to the specific terms that Lastballsix Platform establishes
for such Promo Code; (v) are not valid for cash; and (vi) may expire prior
to your use. Lastballsix Platform reserves the right to withhold or deduct
credits or other features or benefits obtained through the use of Promo
Codes by you or any other user in the event that Lastballsix Platform
reasonably determines or believes that the use or redemption of the Promo
Code was in error, fraudulent, illegal, or in violation of the applicable
Promo Code terms or these Terms.
USER PROVIDED CONTENT
Lastballsix Platform may, in Lastballsix Platform’s sole
discretion, permit you from time to time to submit, upload, publish or
otherwise make available to Lastballsix Platform through the Services
textual, audio, and/or visual content and information, including commentary and
feedback related to the Services, initiation of support requests, and
submission of entries for competitions and promotions ("User
Content"). Any User Content provided by you remains your
property. However, by providing User Content to Lastballsix Platform, you
grant Lastballsix Platform a worldwide, perpetual, irrevocable,
transferable, royalty-free license, with the right to sublicense, to use,
copy, modify, create derivative works of, distribute, publicly display,
publicly perform, and otherwise exploit in any manner such User Content in all
formats and distribution channels now known or hereafter devised (including
in connection with the Services and Lastballsix Platform’s business and on
third-party sites and services), without further notice to or consent from
you, and without the requirement of payment to you or any other person or
entity.
You represent and warrant that: (i) you either are the sole
and exclusive owner of all User Content or you have all rights,
licenses, consents and releases necessary to grant Lastballsix Platform
the license to the User Content as set forth above; and (ii) neither the
User Content nor your submission, uploading, publishing or otherwise
making available of such User Content nor Lastballsix Platform’s use of the
User Content as permitted herein will infringe, misappropriate or violate
a third party’s intellectual property or proprietary rights, or rights
of publicity or privacy, or result in the violation of any applicable
law or regulation; and (iii) you are not providing feedback for
services performed by you in your capacity as a service provider on the
platform.
You agree to not provide User Content that is defamatory,
grossly harmful, blasphemous, pedophilic, invasive of another’s
privacy, ethnically objectionable, disparaging, relating or encouraging
money laundering of gambling, libelous, hateful, racist, violent, obscene, pornographic,
unlawful, or otherwise offensive, as determined by Lastballsix Platform in its
sole discretion, whether or not such material may be protected by law. Lastballsix
Platform may, but shall not be obligated to, review, monitor, or remove
User Content, at Lastballsix Platform’s sole discretion and at any time
and for any reason, without notice to you.
NETWORK ACCESS AND DEVICES
You are responsible for obtaining the data network access
necessary to use the Services. Your mobile network’s data and messaging
rates and fees may apply if you access or use the Services from a
wireless-enabled device and you shall be responsible for such rates and fees.
You are responsible for acquiring and updating compatible hardware or
devices necessary to access and use the Services and Platform and any
updates thereto. Lastballsix Platform does not guarantee that the Services, or
any portion thereof, will function on any particular hardware or devices.
In addition, the Services may be subject to malfunctions and
delays inherent in the use of the Internet and electronic communications.
4. PAYMENT
You understand that use of the Services may result in charges to
you for the services you receive from a Third-Party Provider ("Charges").
After you have received services obtained through your use of the Service,
Lastballsix Platform will facilitate your payment of the
applicable Charges on behalf of the Third-Party Provider as such Third-Party Provider’s
limited payment collection agent. Payment of the Charges in such manner
shall be considered the same as payment made directly by you to the Third-Party
Provider.
Lastballsix Platform shall charge you a convenience fee (“Fee”)
for the Services provided by Lastballsix Platform to you. The Fee may
be charged from you at the time of booking of services on the platform
or upon the completion of service.
Such Charges and Fee will be inclusive of applicable taxes
where required by law. Charges and Fee paid by you are final and
non-refundable, unless otherwise determined by Lastballsix Platform or required
by the relevant Consumer Law legislation. Under the relevant Consumer Law
legislation, you may be entitled to a refund for a major failure of the
Services, or other remedies for a minor failure. You retain the right to
request lower Charges or Fee from a Third-Party Provider for services received
by you from such Third-Party Provider at the time you receive such services. Lastballsix
Platform will respond accordingly to any request from a Third-Party Provider
to modify the Charges for a particular service.
All Charges and Fee are due immediately and payment will be
facilitated by Lastballsix Platform using the preferred payment method
designated in your Account, after which Lastballsix Platform will send you
a receipt by email. If your primary Account payment method is determined
to be expired, invalid or otherwise not able to be charged, you agree that Lastballsix
Platform may, as the Third-Party Provider’s limited payment collection agent,
use a secondary payment method in your Account, if available.
As between you and Lastballsix Platform, Lastballsix
Platform reserves the right to establish, remove and/or revise Charges for
any or all services obtainable through the use of the Services at any time in Lastballsix
Platform’s sole discretion. Further, you acknowledge and agree that
Charges and Fees applicable in certain geographical areas may increase
substantially during times of high demand. Lastballsix Platform will use
reasonable efforts to inform you of Charges and Fees that may apply,
provided that you will be responsible for Charges and Fees incurred under
your Account regardless of your awareness of such Charges, Fees or the
amounts thereof. Lastballsix Platform may from time to time provide
certain users with promotional offers and discounts that may result in
different amounts charged for the same or similar services obtained
through the use of the Services, and you agree that such promotional offers and
discounts, unless also made available to you, shall have no bearing on
your use of the Services or the Charges applied to you. You may elect to cancel
your request for services from a Third-Party Provider at any time prior to such
Third Party Provider’s arrival, in which case you may be charged a
cancellation fee. Additionally, the applicable taxes (whether direct or
indirect) that are liable to be charged/ deducted on cancellation fee will
charged to you by Lastballsix Platform.
Further, Lastballsix Platform may from time to time offer
subscription packages to you, wherein, in exchange for
monetary consideration, additional benefits such as discounted services
from Third Party Providers will be made available to you. The said
benefits will only be available for a limited period as may be agreed with
you in advance.
This payment structure is intended to fully compensate the Third-Party
Provider for the services provided. Lastballsix Platform does not
designate any portion of your payment as a tip or gratuity to the Third-Party
Provider. Any representation by Lastballsix Platform (on Lastballsix Platform’s
website, in the Application, or in Lastballsix Platform’s
marketing materials) to the effect that tipping is "voluntary,"
“not required,” and/or “included” in the payments you make for services
provided is not intended to suggest that Lastballsix Platform provides any
additional amounts, beyond those described above, to the Third-Party
Provider. You understand and agree that, while you are free to provide
additional payment as a gratuity to any Third-Party Provider who provides
you with services obtained through the Service, you are under no
obligation to do so. Gratuities are voluntary. After you have received services
through the Service, you will have the opportunity to rate your experience
and leave additional feedback about your Third-Party Provider.
It is clarified that the Charges and Fees (respectively)
shall be made only for the services provided by the Third-Party Provider
to you and for the Services provided by Lastballsix Platform to you.
5. DISCLAIMERS; LIMITATION OF
LIABILITY; INDEMNITY
LIMITATION SUBJECT TO LOCAL CONSUMER
LAW
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 5 DO NOT PURPORT
TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT
BE EXCLUDED UNDER APPLICABLE LAW, INCLUDING THE RELEVANT CONSUMER
LAW LEGISLATION.
DISCLAIMER
EXCEPT AS REQUIRED OF LASTBALLSIX PLATFORM UNDER THE
CONSUMER GUARANTEES, THE SERVICES ARE PROVIDED "AS IS" AND “AS
AVAILABLE.” LASTBALLSIX PLATFORM DISCLAIMS ALL REPRESENTATIONS AND
WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE
TERMS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND MAKES NO REPRESENTATION,
WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY,
SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES REQUESTED
THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE
UNINTERRUPTED OR ERROR-FREE. LASTBALLSIX PLATFORM DOES NOT GUARANTEE THE
QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD-PARTY PROVIDERS. YOU AGREE
THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY
SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH
YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, INCLUDING THE
RELEVANT CONSUMER LAW LEGISLATION.
LIMITATION OF LIABILITY
IF YOU ARE ACQUIRING THE SERVICES AS A CONSUMER, LASTBALLSIX
PLATFORM'S LIABILITY FOR A FAILURE TO COMPLY WITH A CONSUMER GUARANTEE IS
LIMITED TO: IN THE CASE OF SERVICES SUPPLIED TO YOU AS PART OF THE
SERVICES UNDER THIS AGREEMENT, THE SUPPLY OF THE RELEVANT SERVICES AGAIN,
OR THE PAYMENT OF THE COST OF RESUPPLYING THE SERVICES.
LASTBALLSIX PLATFORM'S LIABILITY TO YOU FOR A BREACH OF ANY
CONDITION, WARRANTY OR TERM OF THIS AGREEMENT THAT IS NOT A BREACH OF A
CONSUMER GUARANTEE IS LIMITED IN THE FOLLOWING WAY: LASTBALLSIX PLATFORM
SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE
OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL
INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE
RESULTING FROM ANY USE OF THE SERVICES, EVEN IF LASTBALLSIX PLATFORM HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LASTBALLSIX PLATFORM
SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF:
(i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR
USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND
ANY THIRD-PARTY PROVIDER, EVEN IF LASTBALLSIX PLATFORM HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. LASTBALLSIX PLATFORM SHALL NOT BE LIABLE
FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND LASTBALLSIX
PLATFORM’S REASONABLE CONTROL. IN NO EVENT SHALL LASTBALLSIX PLATFORM’S
TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES,
LOSSES AND CAUSES OF ACTION EXCEED TAKA THEN THOUSAND (BDT 10,000).
LASTBALLSIX PLATFORM’S SERVICES MAY BE USED BY YOU TO
REQUEST AND SCHEDULE HOME-BASED SERVICES WITH THIRD PARTY PROVIDERS, BUT
YOU AGREE THAT LASTBALLSIX PLATFORM HAS NO RESPONSIBILITY OR LIABILITY TO
YOU RELATED TO ANY HOME-BASED SERVICES PROVIDED TO YOU BY THIRD PARTY
PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
LASTBALLSIX PLATFORM WILL MAINTAIN A COMPLAINTS MANAGEMENT
FRAMEWORK, AND WILL MANAGE THIS FRAMEWORK ON BEHALF OF THIRD-PARTY PROVIDERS,
IN A REASONABLE WAY AND IN ACCORDANCE WITH THE NON-EXCLUDABLE REQUIREMENTS
OF THE RELEVANT CONSUMER LAW LEGISLATION.
NOTWITHSTANDING ANYTHING CONTAINED IN THESE TERMS, LASTBALLSIX
PLATFORM WILL NOT BE DEEMED TO BE IN DEFAULT OR BE RESPONSIBLE FOR DELAYS
OR FAILURES IN PERFORMANCE RESULTING FROM ACTS BEYOND THE REASONABLE
CONTROL OF LASTBALLSIX PLATFORM. SUCH ACTS SHALL INCLUDE BUT NOT BE
LIMITED TO ACTS OF GOD, RIOTS, ACTS OF WAR, EPIDEMICS, PANDEMICS, TRADE
EMBARGOES, FIRE, TYPHOONS, EARTHQUAKES, OTHER NATURAL DISASTERS. ETC.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 5 DO NOT
PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT
BE EXCLUDED UNDER APPLICABLE LAW, INCLUDING ANY OF THE NON-EXCLUDABLE
REQUIREMENTS OF THE RELEVANT CONSUMER LAW LEGISLATION.
INDEMNITY
You agree to indemnify and hold Lastballsix Platform and its
affiliates and their officers, directors, employees and agents harmless
from any and all claims, demands, losses, liabilities, and expenses
(including attorneys’ fees) arising out of or in connection with: (i) your
use of the Services or services or goods obtained through your use of
the services; (ii) your breach or violation of any of these Terms;
(iii) Lastballsix Platform’s use of your User Content; or (iv) your
violation of the rights of any third party, including Third Party
Providers ("Losses").
Your liability under this clause shall be reduced
proportionately if, and to the extent that, Lastballsix Platform directly
caused or contributed to any such Losses
6. GOVERNING LAW; ARBITRATION.
There are a number of mechanisms available to you to resolve
any dispute, conflict, claim or controversy arising out of or broadly
in connection with or relating to the Services or these Terms,
including those relating to its validity, its construction or its
enforceability or with the services provided by a Third-Party Provider
(any "Dispute"). Lastballsix Platform or its affiliates
operate a complaints process to allow you to make complaints about Lastballsix
Platform or Third-Party Providers, and Lastballsix Platform or its affiliates
also manage refunds to you in relation to those complaints. Lastballsix
Platform or its affiliates will operate this complaints process in a
reasonable manner. You agree and acknowledge that you must raise any Dispute
with the Services or the services provided by a Third-Party Provider as
soon as is practicable, but no later than 48 hours from the time the
Dispute arises. If you fail to raise a Dispute within 48 hours from the
initial occurrence of such Dispute, Lastballsix Platform shall be under no
obligation to resolve such Dispute. If a Dispute is reported more than 48
hours after the initial occurrence of the Dispute Lastballsix Platform
shall in its sole discretion choose whether or not to attempt resolution
of the Dispute.
In addition, you may have rights to make a complaint to
fair trading or consumer law bodies in relation to applicable consumer
laws, including the non-excludable portions of the relevant Consumer Law
legislation.
Except as otherwise set forth in these Terms, these Terms shall
be exclusively governed by and construed in accordance with the laws
of Bangladesh, excluding its rules on conflicts of laws. The Vienna
Convention on the International Sale of Goods of 1980 (CISG) shall not
apply. In the event of a Dispute, either party may file an action in the
courts of Bangladesh or pursue final and binding arbitration or other
alternative dispute resolution as agreed upon by the parties. If either
party elects to pursue final and binding arbitration, the venue of the
arbitration shall be New Delhi, Bangladesh.
Any proceedings, including documents and briefs submitted
by the parties, correspondence from a mediator, and correspondence, order and
awards issued by an arbitrator, shall remain strictly confidential and
shall not be disclosed to any third party without the express written
consent from the other party unless: (i) the disclosure to the third party is
reasonably required in the context of conducting the mediation or
arbitration proceedings; and (ii) the third party agrees unconditionally
in writing to be bound by the confidentiality obligation set out in these
Terms.
7. OTHER PROVISIONS
NOTICE
Lastballsix Platform may give notice by means of a general
notice on the Services, electronic mail to your email address in your
Account, or by written communication sent to your address as set forth in
your Account. You may give notice to Lastballsix Platform by written communication
to Lastballsix Platform's address.
GENERAL
You may not assign or transfer these Terms in whole or in
part without Lastballsix Platform’s prior written approval. You give your
approval to Lastballsix Platform for it to assign or transfer these Terms
in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an
acquirer of Lastballsix Platform’s equity, business or assets; or (iii) a
successor by merger. No joint venture, partnership, employment or agency
relationship exists between you, Lastballsix Platform or any Third-Party
Provider as a result of the contract between you and Lastballsix Platform
or use of the Services.
If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms, including any incorporated policies, constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. Nothing in this clause limits your rights as a consumer that cannot be excluded under applicable law, including the relevant Consumer Law legislation. In these Terms, the words “including” and “include” mean “including, but not limited to.”
Copyright © 2021 Lastballsix Platform. All rights reserved.