DESCRIPTION OF SERVICE
Smart Pay Bangladesh! provides users with access to a purchase and subscribe in various websites including, shopping services, subscription services, through its Smart Pay Bangladesh network. You also understand and agree that the Service may include advertisements and that these advertisements are necessary for Smart Pay Bangladesh! to provide the Service. You also understand and agree that the Service may include certain communications from Smart Pay Bangladesh!, such as service announcements, administrative messages and the Smart Pay Bangladesh! Newsletter, and that these communications are considered part of Smart Pay Bangladesh! membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Smart Pay Bangladesh! properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that Smart Pay Bangladesh! assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
Please be aware that Smart Pay Bangladesh! has created certain areas on the Service that contain adult or mature content. You must be at least 18 years of age to access and view such areas.

YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the Bangladesh or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Smart Pay Bangladesh! has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Smart Pay Bangladesh! has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Smart Pay Bangladesh! is concerned about the safety and privacy of all its users, particularly children. For this reason, parents of children under the age of 13 who wish to allow their children access to the Service must create a Smart Pay Bangladesh! Family Account. When you create a Smart Pay Bangladesh! Family Account and add your child to the account, you certify that you are at least 18 years old and that you are the legal guardian of the child/children listed on the Smart Pay Bangladesh! Family Account. By adding a child to your Smart Pay Bangladesh! Family Account, you also give your child permission to access many of the Services. Please remember that the Service is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Services and/or Content (as defined in Section 6 below) are appropriate for your child.

Smart Pay Bangladesh! PRIVACY POLICY
Registration Data and certain other information about you is subject to our Privacy Policy.

MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a USER ID and password upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Smart Pay Bangladesh! of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Smart Pay Bangladesh! cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.

MEMBER CONDUCT
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by Smart Pay Bangladesh! and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.

SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the Bangladesh or the country in which you reside.

INDEMNITY
You agree to indemnify and hold Smart Pay Bangladesh!, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your Smart Pay Bangladesh! I.D.), use of the Service, or access to the Service.

GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Smart Pay Bangladesh! may establish general practices and limits concerning use of the Service. You acknowledge that Smart Pay Bangladesh! reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Smart Pay Bangladesh! reserves the right to modify these general practices and limits from time to time.

MODIFICATIONS TO SERVICE
Smart Pay Bangladesh! reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Smart Pay Bangladesh! shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

TERMINATION
You agree that Smart Pay Bangladesh! may, under certain circumstances and without prior notice, immediately terminate your Smart Pay Bangladesh! account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) you have engaged in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services.

LINKS
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. You further acknowledge and agree that Smart Pay Bangladesh! shall 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 such Content, goods or services available on or through any such site or resource.

Smart Pay Bangladesh!'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Smart Pay Bangladesh! or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Smart Pay Bangladesh EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. Smart Pay Bangladesh! MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Smart Pay Bangladesh! OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Smart Pay Bangladesh! SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Smart Pay Bangladesh HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), 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.

EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.

NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this Agreement.

NOTICE
Smart Pay Bangladesh may provide you with notices, including those regarding changes to the TOS, by either email, regular mail, or postings on the Service.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
Smart Pay Bangladesh! respects the intellectual property of others, and we ask our users to do the same. Smart Pay Bangladesh! may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Smart Pay Bangladesh!'s Copyright Agent the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Smart Pay Bangladesh!'s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail:
Copyright Issue
c/o Smart Pay Bangladesh
2/1 Naya Paltan
Dhaka, Bangladesh
By email: info@Smartpaybd.com

GENERAL INFORMATION
Entire Agreement. The TOS constitute the entire agreement between you and Smart Pay Bangladesh! and governs your use of the Service, superseding any prior agreements between you and Smart Pay Bangladesh! with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Smart Pay Bangladesh! services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. The TOS and the relationship between you and Smart Pay Bangladesh! shall be governed by the laws of Bangladesh without regard to its conflict of law provisions. You and Smart Pay Bangladesh! agree to submit to the personal and exclusive jurisdiction of the courts located within the country of Bangladesh.

No Right of Survivorship and Non-Transferability. You agree that your Smart Pay Bangladesh! account is non-transferable and any rights to your Smart Pay Bangladesh! I.D. or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

VIOLATIONS
Please report any violations of the TOS to our Customer Care group.