Terms of Use

dSmart Finger Communication Ltd. (DFCL), Primarily Operates, Controls and Manages the Services Provided by it from its Corporate Office at: 103 Madhya Basabo, Sabujbagh, Dhaka-1214, Bangladesh.

This Terms of Use agreement was last updated: June 1, 2022. This Terms of Use agreement is effective as of: April 21, 2022.

A. ACCEPTANCE OF TERMS OF USE

Acceptance of Terms of Use. – means conditioned to the Supplier’s acceptance of all the Buyers terms and conditions as contemplated herein and or in terms of either the Service or Goods Contract.

PLEASE READ THE TERMS OF USE THOROUGHLY AND CAREFULLY. The terms and conditions set forth below (Terms of Use) and the Privacy Policy (as defined below) constitute a legally binding agreement between DFCL operating from its Corporate Office and you. These Terms of Use contain provisions that define your limits, legal rights and obligations with respect to your use of and participation in (i) the DFCLBD.COM website and mobile application, including the classified advertisements, forums, various email functions and Internet links, and all content and DFCL services available through the domain and sub-domains of DFCL located at WWW.DFCLBD.COM or Its Mobile Apps(collectively referred to herein as the “Product”), and (ii) the online transactions between those users of the Product who are offering services (each, a “SERVICE PROVIDER“) and those users of the Product who are obtaining services (each, a “SERVICE USER“) through the Product (such services, collectively, the “Services”). The Terms of Use described below incorporate the Privacy Policy and apply to all users of the Website, including users who are also contributors of video content, information, private and public messages, advertisements, and other materials or Services on the Product.

The Products are owned and operated by dSmart Finger Communication Ltd. (DFCL) You acknowledge that the Product serves as a marketplace for the online distribution and publication of user submitted information between SERVICE PROVIDER’s and SERVICE USERs, and, by using, visiting, registering for, and/or otherwise participating in this Website/Mobile Apps, Ordering service through Contact Center, Website, Apps including the Services presented, promoted, and displayed on the Website, Providing any service which request comes through Website, Apps and/or by clicking on “I have read and agree to the Terms of Use,” you hereby certify that: (1) you are either a SERVICE PROVIDER or a prospective SERVICE USER, (2) you have the authority to enter into these Terms of Use, (3) you authorize the transfer of payment for Services requested through the use of the Product, and (4) you agree to be bound by all terms and conditions of these Terms of Use and any other documents incorporated by reference herein. If you do not so agree to the foregoing, you should not click to affirm your acceptance thereof, in which case you are prohibited from accessing or using the Website. If you do not agree to any of the provisions set forth in the Terms of Use, kindly discontinue viewing or participating in this Website immediately.

YOU SPECIFICALLY AGREE THAT BY USING THE PRODUCT, YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE COMPETENT UNDER LAW TO ENTER INTO A LEGALLY BINDING AND ENFORCEABLE CONTRACT.

All references to you or your, as applicable, mean the person that accesses, uses, and/or participates in the Website in any manner.

  1. MODIFICATIONS TO TERMS OF USE AND/OR PRIVACY POLICY

DFCL reserves the right, in its sole discretion, to change, modify, or otherwise amend the Terms of Use, 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 DFCL will post the amended Terms of Use at the domain of www.dfclbd.com/terms-of-use. 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 Product following any amendment of the Terms of Use 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 Product.

  1. PRIVACY POLICY

DFCL has established a Privacy Policy that explains to users how their information is collected and used. The Privacy Policy is referenced above and hereby incorporated into the Terms of Use set forth herein. Your use of this Product is governed by the Privacy Policy.

  1. Membership and Accessibility
  2. LICENSE TO ACCESS

DFCL hereby grants you a non-exclusive, revocable license to use the Website, Apps or its product as set forth in the Terms of Use; provided, however, that (i) you will not copy, distribute, or make derivative works of the Website, Apps or its product in any medium without DFCL’s prior written consent; (ii) you will not alter or modify any part of the Website, Apps or its product other than as may be reasonably necessary to use the Website, Apps or its product for its intended purposes; and (iii) you will otherwise act in accordance with the terms and conditions of the Terms of Use and in accordance with all applicable laws.

  1. MEMBERSHIP ELIGIBILITY CRITERIA

Use of the Product is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. You represent, acknowledge and agree that you are at least 18 years of age, and that: (a) all registration information that you submit is truthful and accurate, (b) you will maintain the accuracy of such information, and (c) your use of the Website, Apps and Services offered through this Website, Apps do not violate any applicable law or regulation. Your Account (defined below) may be terminated without warning if we at our discretion, believe that you are under the age of 18 or that you are not complying with any applicable laws, rules or regulations.

You need not register with DFCL to simply visit and view the Product, but to access and participate in certain features of the Product; you will need to create a password-protected account (Account). To create an account, you must submit your name and email address through the account registration page on the Product and create a password. You will also have the ability to provide additional optional information, which is not required to register for an account but may be helpful to DFCL in providing you with a more customized experience when using the Product. You may also register for an Account using your existing Facebook account and log-in credentials (your Third-Party Site Password). In some cases your account might be created by us upon your verbal request to DFCL.

You are solely responsible for safeguarding your DFCL password and, if applicable, your Third-Party Site Password (collectively, “Passwords”) at all times and shall keep your Passwords secure at all times. You shall be solely responsible for all activity that occurs on your Account and you shall notify DFCL immediately of any breach of security or any unauthorized use of your Account. Similarly, you shall never use another’s Account without DFCL’s permission. You agree that you will not misrepresent yourself or represent yourself as another user of the Product and/or the Services offered through the Product.

You hereby expressly acknowledge and agree that you yourself and not DFCL will be liable for your losses, damages etc. (whether direct or indirect) caused by an unauthorized use of your Account. Notwithstanding the foregoing, you may be liable for the losses of DFCL or others due to such unauthorized use.

An Account holder is sometimes referred to herein as a “Registered User.”

You acknowledge and agree that you shall comply with the following policies (the “Account Policies”):

  • You will not copy or distribute any part of the Website, Apps or its product in any medium without DFCL‘s prior written authorization.
  • You will not alter or modify any part of the Website, Apps or its product other than as may be reasonably necessary to use the Website, Apps or its product for its intended purpose.
  • You will provide true, accurate, current and complete information when creating your Account and you shall maintain and update such information during the term of this Agreement so that it will remain accurate, true, current and complete.
  • You shall not use any automated system, including but not limited to, “robots,” “spiders,” “offline readers,” “scrapers,” etc., to access the Website for any purpose without DFCL‘s prior written approval.
  • You shall not in any manual or automated manner collect SERVICE PROVIDERs or SERVICE USERs information, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise misuse or misappropriate Website information or content, including but not limited to, use on a “mirrored”, competitive, or third party site.
  • You shall not in any way that transmits more request messages to the DFCL servers, or any server of a DFCL subsidiary or affiliate, in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser; provided, however, that the operators of public search engines may use spiders or robots to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material. DFCL reserves the right to revoke these exceptions either generally or in specific cases.
  • You shall not recruit, solicit, or contact in any form SERVICE PROVIDERs or SERVICE USERs for employment or contracting for a business not affiliated with DFCL without express written permission from DFCL.
  • You shall not take any action that (i) unreasonably encumbers or, in DFCL‘s sole discretion, may unreasonably encumber the Product’s infrastructure; (ii) interferes or attempts to interfere with the proper working of the Product or any third-party participation in the Product; or (iii) bypasses DFCL‘s measures that are used to prevent or restrict access to the Product.
  • You agree not to collect or harvest any personally identifiable data, including without limitation, names or other Account information, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes.
  1. ADDITIONAL POLICIES

Your access to, use of, and participation in the Product is subject to the Terms of Use and all applicable DFCL regulations, guidelines and additional policies that DFCL may set forth from time to time, including without limitation, a copyright policy and any other restrictions or limitations that DFCL publishes on the Website (the “Additional Policies”). You hereby agree to comply with the Additional Policies and your obligations there under at all times. You hereby acknowledge and agree that if you fail to adhere to any of the terms and conditions of this Agreement or documents referenced herein, including the Account Policies, membership eligibility criteria or Additional Policies, DFCL, in its sole discretion, may terminate your Account at any time without prior notice to you as well as initiate appropriate legal proceedings, if necessary.

  1. Member Conduct
  2. PROHIBITIONS ON SUBMITTED CONTENT

You shall not upload, post, transmit, transfer, disseminate, distribute, or facilitate distribution of any content, including text, images, video, sound, data, information, or software, to any part of the Website, Apps or its product, including your profile (Profile), the posting of your desired Service (Want), or the posting of any opinions or reviews in connection with the Website, Apps or its product, the Service, the SERVICE USER (Feedback) (all of the foregoing content is sometimes collectively referred to herein as “Submitted Content” and the posting of Submitted Content is sometimes referred to as a “Posting” or as “Postings”) that:

  • misrepresents the source of anything you post, including impersonation of another individual or entity or any false or inaccurate biographical information for any SERVICE PROVIDERs; provides or create links to external sites that violate the Terms of Use; is intended to harm or exploit any individual under the age of 18 (“Minor”) in any way; is designed to solicit, or collect personally identifiable information of any Minor, including, but not limited to, name, email address, home address, phone number, or the name of his or her school;
  • invades anyone’s privacy by attempting to harvest, collect, store, or publish private or personally identifiable information, such as names, email addresses, phone numbers, passwords, account information, credit card numbers, home addresses, or other contact information without their knowledge and willing consent;
  • contains falsehoods or misrepresentations that could damage DFCL or any third party;
  • is pornographic, harassing, hateful, illegal, obscene, defamatory, libelous, slanderous, threatening, discriminatory, racially, culturally or ethnically offensive; incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism, or gratuitous violence; encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; promotes racism, hatred or physical harm of any kind against any group or individual; contains nudity, violence or inappropriate subject matter; or is otherwise inappropriate;
  • is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material and to grant DFCL all of the license rights granted herein;
  • contains or promotes an illegal or unauthorized copy of another person’s copyrighted work, such as pirated computer programs or links to them, information to circumvent manufacture installed copy-protection devices, pirated music or links to pirated music files, or lyrics, guitar tabs or sheet music, works of art, teaching tools, or any other item the copy, display, use, performance, or distribution of which infringes on another’s copyright, intellectual property right, or any other proprietary right;
  • is intended to threaten, stalk, defame, defraud, degrade, victimize, or intimidate an individual or group of individuals for any reason on the basis of age, gender, disability, ethnicity, sexual orientation, race, or religion; or to incite or encourage anyone else to do so;
  • intends to harm or disrupt another user’s computer or would allow others to illegally access software or bypass security on websites or servers, including but not limited, to spamming; impersonates, uses the identity of, or attempts to impersonate a DFCL employee, agent, manager, host, another user, or any other person though any means;
  • advertises or solicits a business not related to or appropriate for the Website (as determined by DFCL in its sole discretion);
  • contains or could be considered “junk mail”, “spam”, “chain letters”, “pyramid schemes”, “affiliate marketing”, or unsolicited commercial advertisement.
  • contains advertising for Ponzi schemes, discount cards, credit counseling, online surveys or online contests.
  • distributes or contains viruses or any other technologies that may harm DFCL, or the interests or property of DFCL users.
  • contains links to commercial services or websites, except as allowed pursuant to the Terms of Use; is non-local or irrelevant content.
  • contains identical content to other open Postings you have already posted; or uses any form of automated device or computer program that enables the submission of Postings without the express written consent of DFCL
  1. PROHIBITIONS ON SENDING MESSAGES

You will not send messages to other users containing:

  • offers to make national or international money transfers for amounts exceeding the asking price of a service, with intent to request a refund of any portion of the payment OR
  • Unsolicited advertising or marketing of a service not offered on the Product or an external website.
  1. NO DISCRIMINATION
  2. Discriminatory Postings. Bangladesh laws prohibit any preference, limitation or discrimination based on race, color, religion, sex, national origin, age, handicap or other protected class. DFCL will not knowingly accept any Posting which is in violation of the law. DFCL has the right, in its sole discretion and without prior notice to you; to immediately remove any posting that discriminates or is any way in violation of any law.
  3. PROHIBITIONS WITH RESPECT TO SERVICES

While using the Website, you shall not:

  • post content or items in any inappropriate category or areas on the Website.
  • violate any laws, third-party rights, Account Policies, or any provision of the Terms of Use, such as the prohibitions described above.
  • fail to deliver payment for Services purchased by you, unless the SERVICE PROVIDER has materially changed the description of the Service description after you negotiate an agreement for such Service, a clear typographical error is made, or you cannot authenticate the SERVICE PROVIDER’s identity.
  • circumvent or manipulate our fee structure, the billing process, or fees owed to DFCL; post false, inaccurate, misleading, defamatory, or libelous content (including personal information about any Website user).
  • take any action that may undermine the Feedback or ratings systems (such as displaying, importing or exporting Feedback information off of the Website or using it for purposes unrelated to the Website).
  1. FEEDBACK

As a participant in the Website, Apps or its product, you agree to use careful, prudent, and good judgment when leaving Feedback for another user. The following actions constitute inappropriate uses of Feedback: (a) threatening to leave negative or impartial Feedback for another user unless that user provides services not included in the original Posting or not agreed to as part of the Service to be provided; (b) leaving Feedback in order to make the SERVICE PROVIDER or SERVICE USER appear better than he or she actually is or was; and (c) including conditions in an Offer or Want that restrict a SERVICE PROVIDER or a SERVICE USER from leaving Feedback.

  1. Sanctions for Inappropriate Use of Feedback. If you violate any of the above-referenced rules in connection with leaving Feedback, DFCL, in its sole discretion, may take any of the following actions: (i) cancel your Feedback or any of your Postings; (ii) limit your Account privileges; (iii) suspend your Account; and/or (iv) decrease your status earned via the Feedback page.
  2. Reporting Inappropriate Use of Feedback. You may contact DFCL regarding any inappropriate use of Feedback via-email at care@dfclbd.com
  3. Resolving Disputes in Connection with Feedback. In the event of any dispute between users of the Website concerning Feedback, DFCL shall be the final arbiter of such dispute. Further, IN THE EVENT OF ANY DISPUTE BETWEEN USERS OF THE PRODUCT CONCERNING FEEDBACK, DFCL HAS THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO REMOVE SUCH FEEDBACK OR TAKE ANY ACTION IT DEEMS REASONABLE WITHOUT INCURRING ANY LIABILITY THEREFROM.

The foregoing lists of prohibitions provide examples and are not complete or exclusive. DFCL reserves the right to (a) terminate your access to your Account, your ability to post to this Website (or the Services) and (b) refuse, delete or remove, move or edit the content, in whole or in part, of any Postings; with or without cause and with or without notice, for any reason or no reason, or for any action that DFCL determines is inappropriate or disruptive to this Product or to any other user of this Product and/or Services. DFCL reserves the right to restrict the number of e-mails or other messages that you are allowed to send to other users to a number that DFCL deems appropriate in DFCL‘s sole discretion. DFCL may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at DFCL‘s discretion, DFCL will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Product or on the Internet. DFCL does not and cannot review every Posting posted to the Website. These prohibitions do not require DFCL to monitor police or remove any Postings or other information submitted by you or any other user.