End User Agreement of Roboket

This Terms and Conditions were last updated on 5th August 2020.

By using the Roboket services, you acknowledge that you have read all terms and policy and agree to be bound by such terms and conditions contained herein. These Terms of Service (the “Agreement“) is an agreement between ADN (“ADN” means ADN Telecom Ltd., a public limited company incorporated under Company Act 1994, Bangladesh having its registered office at Red Crescent Concord Tower (19th Floor), 17, Mohakhali C/A, Dhaka-1212, Bangladesh hereinafter referred to as “ADN” or “us” or “our” or “we”) and you (“The terms “you”, “your”, “User” or “customer” or “end user” shall refer to any individual or business or entity who accepts this Agreement, has access to account or uses the Services).

Your use of Roboket software, platform, products, services, and domains (referred to collectively as the “Products and Services” or “Roboket Products and Services” in this document and excluding any services provided to you by ADN under a separate written agreement) is subject to the terms of a legal agreement between you and “ADN”. By using the Products and Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Products and Services. Our “Terms and Conditions” Link is also available on the website.

This Agreement is made effective as of the date of your use of this Products and Services or the date of acceptance and shall remain in force until it is terminated. The terms and conditions are stated as follows:

  1. End user shall not attempt to obtain, receive, review, or otherwise use or have access to the source code of the Products and Services (or any part thereof) by decompilation, disassembly or any other means.
  2. End user shall refrain from copying, reverse engineering, disassembling, de-compiling, translating, or modifying the Products and Services, or granting any other third party the right to do so.
  3. End user shall not engage, itself or through the assistance of any third party, directly or indirectly, in the research, development, manufacturing, marketing, distribution, sale, lease or licensing of any products and services which is or may constitute a derivative work of the Products and Services.
  4. End user shall not represent that it possesses any proprietary interest in the Products and Services.
  5. End user shall not directly or indirectly, take any action to contest ADN’s intellectual property rights or infringe them in any way.
  6. End user shall not register, nor to have registered, any trademarks, trade names or symbols of ADN (or which are similar to the marks of ADN).
  7. End user shall not register any domain name using any of the marks without ADN’s prior written consent.
  8. End user shall not resell the Products and Services without written consent.
  9. ADN holds the right to terminate any service to any end user without any notice.
  10. Services:
    1. The services of Roboket Products and Services is defined by the services available in Roboket software which is distributed as Software as a Service (SaaS).
    2. ADN holds the right to provide additional professional services upon mutually agreed price set for the specific service.
  11. Limitations of End User:
    1. End user cannot get extra time for payment except the payment terms as mentioned in this Agreement.
    2. The marketing features of the Roboket Products and Services will need additional charges. For example, the usage of SMS, Email etc. for any purpose; i.e. marketing, notification etc., will incur additional charges.
    3. End user cannot use Roboket Products and Services for any purpose which is not allowed on local or International laws, rules and regulations or in business customary norms.
  12. The end user should have the legal authority to do business. The end user is liable for the legal compliance for the use of the Roboket Products and Services.
  13. This agreement or any communication do not make End User as the owner of the Roboket Platform.
  14. End User will indemnify and hold harmless ADN and its officers, directors, employees, agents and permitted successors and assigns from and against any and all liability, loss, damage, claim and expense, including reasonable attorneys’ fees and court expenses, arising out of or relating to a third party claim or demand resulting from the end user’s breach of any provision or term of this Agreement.
  15. Customer will designate Single Point of Contact (SPOC) through an email confirmation. All communication made by the SPOC will be treated as final decision made by the customer.
  16. Payment Terms:
    1. Customer will pay all VAT and taxes required by local or international laws.
    2. Customer needs to pay monthly fees and charges in advance.
    3. Customer agrees to pay based on the reports generated by the Roboket software of ADN.
  17. Customer agrees that the customer support is limited within offered working hours as mentioned in the website. excluding Govt./Public holidays and weekly holidays (Friday and Saturday).
  18. End user agrees that Roboket is a marketing tool that can be used for various marketing communication. But Roboket cannot guarantee or commit on the result or outcome of such marketing communications.
  19. End User acknowledges that he or she or it shall not use the Products and Services for:
    1. Adult goods and services which includes pornography and other sexually suggestive materials (including literature, imagery and other media); escort, dating or prostitution services. Apparatus such as personal massagers/vibrators and sex toys and enhancements;
    2. Body parts, which includes organs or other body parts – live, cultured/preserved or from cadaver;
    3. Child pornography in any form;
    4. Counterfeit and unauthorized goods which includes replicas or imitations of designer goods; items without a celebrity endorsement that would normally require such an association; fake autographs, counterfeit stamps, and other potentially unauthorized goods;
    5. Copyright unlocking devices which includes Mod chips or other devices designed to circumvent copyright protection;
    6. Copyrighted media, which includes unauthorized copies of books, music, movies, and other licensed or protected materials;
    7. Copyrighted software which includes unauthorized copies of software, video games and other licensed or protected materials, including OEM or bundled software;
    8. Infringement of the intellectual property rights of another User or any other person or entity;
    9. Violating the privacy or publicity rights of another user or any other person or entity, or breaches any duty of confidentiality that you owe to another user or any other person or entity;
    10. Hacking and cracking materials which includes manuals, how-to guides, information, or equipment enabling illegal access to software, servers, websites, or other protected property;
    11. Illegal goods which includes materials, products, or information promoting illegal goods or enabling illegal acts;
    12. Offensive goods which includes literature, products or other materials that:
      1. Defame or slander any person or groups of people based on race, ethnicity, national origin, religion, sex, or other factors;
      2. Encourage or incite violent acts;
      3. Promote intolerance or hatred.
    13. Offensive goods, crime which includes crime scene photos or items, such as personal belongings, associated with criminals;
    14. Hampering with the operation of this Site or the Products and Services found at this Site;
    15. Coping or distribute in any medium any part of this Site or the Products and Services, except where expressly authorized by ADN;
    16. Re-sell or provide the Products and Services for a commercial purpose, including any of ADN’s related technologies, without ADN’s express prior written consent;
    17. Transform or alter any part of this Site or the Products and Services found at this Site or any of its related technologies;
    18. Access to ADN Content or User Content through any technology or means other than through this Site itself, or as ADN may entitle;
    19. Any product or service, which is not in compliance with all applicable laws and regulations whether federal, state, both local and international including the laws of Bangladesh.
    20. ADN and its licensors own and retain all rights and titles to the Products and Services and reserve any other rights not expressly granted to you by this Agreement.
  20. Changes and Amendments:
    1. ADN expressly reserves the right, in its sole and absolute discretion, to alter and/or amend any criteria or information set out in these terms and conditions or any information on the Website without prior notice and to update prices and rates quoted on its Website from time to time.
    2. End users undertake to check the Website frequently and to acquaint themselves with the changes and/or amendments in the information supplied on the Website and, in this regard, Users undertake to check, at a minimum, these terms and conditions for any alteration thereto, including in respect of the prices and nature of any Products and Services, prior to the conclusion of each new credit purchase or service order in respect of the Products and Services governed by these terms and conditions. End users should regularly verify which networks are covered by the Products and Services. Changes may occur as to which networks are covered from time to time.
  21. ADN may terminate this agreement and access to this Site or the Products and Services found at this Site immediately:
    1. if ADN receives an order from a regulatory body to cease providing Products and Services to you
    2. if ADN reasonably believe that User is engaged in any fraudulent or damaging activities or attempts to comprise the ADN Products and Service.
    3. any other legal, reputational, or risk-based reason exists, in ADN’s sole discretion.
    4. Without the written consent of ADN you attempt or do transfer, assign or deal with this agreement or the site or Products and Services.
    5. You attempt or use the site in a way which is not approved by ADN.
    6. If you or your personnel, directors, or anyone related with you prevent ADN from properly performing its obligations under this agreement.
    7. Without prejudice to ADN’s any other right, you admit that in case of above cases ADN has the right to claim compensation from you.
  22. Privacy Policy: End User agree on the privacy policy of Roboket Products and Services. Privacy Policy:
    1. ADN provides the Roboket Products and Services.
    2. This page is used to inform visitors regarding our policies with the collection, use, and disclosure of Personal Information if anyone decided to use our Products and Services.
    3. If you choose to use our Products and Services, then you agree to the collection and use of information in relation to this policy. The Personal Information that we collect is used for providing and improving the Products and Services. We will not use or share your information with anyone except as described in this Privacy Policy.
    4. The terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, which is accessible at Roboket Products and Services unless otherwise defined in this Privacy Policy.
    5. Information Collection and Use
      1. For a better experience, while using our Products and Services, we may require you to provide us with certain personally identifiable information, including but not limited to Name, Email Address, Website Usage, Application Usage Preferences etc. The information that we request will be retained by us and used as described in this privacy policy.
      2. The application does use third party services that may collect information used to identify you.
    6. We want to inform you that whenever you use our Products and Services, in a case of an error in the application we collect data and information. This Log Data may include information such as your device Internet Protocol (“IP”) address, device name, operating system version, the configuration of the app when utilizing our Products and Services, the time and date of your use of the Products and Services, and other statistics.
    7. Cookies: Cookies are files with a small amount of data that are commonly used as anonymous unique identifiers. These are sent to your browser from the websites that you visit and are stored on your device’s internal memory.
    8. This Products and Services do not use these “cookies” explicitly. However, the app may use third party code and libraries that use “cookies” to collect information and improve their services. You have the option to either accept or refuse these cookies and know when a cookie is being sent to your device. If you choose to refuse our cookies, you may not be able to use some portions of this Service.
    9. Service Providers: We may employ third-party companies and individuals due to the following reasons:
      1. To facilitate our Products and Services;
      2. To provide the Products and Services on our behalf;
      3. To perform Products and Services-related services; or
      4. To assist us in analyzing how our Products and Services is used.
    10. We want to inform users of this Products and Services that these third parties have access to your Personal Information. The reason is to perform the tasks assigned to them on our behalf. However, they are obligated not to disclose or use the information for any other purpose.
    11. Security: We value your trust in providing us your Personal Information, thus we are striving to use commercially acceptable means of protecting it. But remember that no method of transmission over the internet, or method of electronic storage is 100% secure and reliable, and we cannot guarantee its absolute security.
    12. Links to Other Sites: This Products and Services may contain links to other sites. If you click on a third-party link, you will be directed to that site. Note that these external sites are not operated by us. Therefore, we strongly advise you to review the Privacy Policy of these websites. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.
    13. Children’s Privacy: These Products and Services do not address anyone under the age of 18. We do not knowingly collect personally identifiable information from children under 18. In the case we discover that a child under 18 has provided us with personal information, we immediately delete this from our servers. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact us so that we will be able to do necessary actions.
    14. Changes to This Privacy Policy: We may update our Privacy Policy from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Privacy Policy on this page. These changes are effective immediately after they are posted on this page.
    15. Contact Us: If you have any questions or suggestions about our Privacy Policy, do not hesitate to contact us at support@Roboket.com
  23. Intellectual Property Rights: The Products and Services are and will remain the sole and exclusive property of the ADN. The rights under this clause will include, but not be limited to all Intellectual Property Rights in the Products and Services.
  24. Governing Law and Dispute Settlement: This Agreement shall be deemed to be made and entered into pursuant to the laws of Bangladesh and for all purposes this Agreement shall be construed and interpreted in accordance with and be governed by the law of Bangladesh. Any disputes or difference whatsoever arising between the Parties out of or in connection with or incidental to the Agreement including the operation or interpretation of this Agreement shall be solved amicably by mutual discussions between the Parties. In the event of failure to solve any such disputes within 30 days from the date of notice, the matter shall be referred to arbitration in accordance with the provisions of the Arbitration Act 2001. Each Party shall appoint its own arbitrator and the arbitrators of the Parties so appointed shall appoint a third arbitrator who shall be the Chairman of the Arbitral Tribunal. The language of the arbitration shall be English and the venue shall be at Dhaka. Parties shall equally share the cost of arbitration.
  25. Force Majeure: ADN shall not be liable for any delay or failure to perform hereunder due to force majeure.
  26. Disclaimer of Warranties: YOU ACKNOWLEDGE THAT THE PRODUCTS AND SERVICES IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. NEITHER ADN, ITS LICENSORS OR AFFILIATES NOR THE COPYRIGHT HOLDERS MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THERE IS NO WARRANTY BY ADN OR BY ANY OTHER PARTY THAT THE FUNCTIONS CONTAINED IN THE PRODUCTS AND SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE PRODUCTS AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE SELECTION OF THE PRODUCTS AND SERVICES TO ACHIEVE YOUR INTENDED RESULTS AND FOR THE INSTALLATION, USE AND RESULTS OBTAINED FROM IT.
  27. Limitation of liability: ADN WILL NOT TAKE ANY RESPONSIBILITY FOR PRODUCTS AND SERVICES USE PROBLEMS CAUSED BY ABUSE, MISUSE, OR UNAUTHORISED MODIFICATION. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL ADN, ITS EMPLOYEES, LICENSORS, OR AFFILIATES BE LIABLE FOR ANY LOST PROFITS, REVENUE, SALES, DATA OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, PROPERTY DAMAGE, PERSONAL INJURY, INTERRUPTION OF BUSINESS, LOSS OF BUSINESS INFORMATION OR FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, ECONOMIC, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES. HOWEVER, IN NO EVENT SHALL ADN’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT YOU PAID FOR PRODUCTS AND SERVICES.
  28. Entire Agreement: This Agreement constitutes the entire agreement between you and ADN governing your use of the Products and Services and supersedes any prior agreements between you and ADN relating to the use of the Products and Services.