Terms and conditions
Your access to JEXCA website, its features and mobile application is subject to the following terms and conditions and all applicable laws. By accessing and browsing this site / Application, you are deemed to have read and accepted and agreed to be bound by this disclaimer.
These terms and conditions (“Terms and Conditions”) is an electronic record in the form of an electronic contract formed under Contract Act, 1872 (Bangladesh) and Information and Communication Technology Act, 2006 (ICT Act). These Terms and Conditions do not require any physical, electronic or digital signature. If you use the Application and avail Services (defined hereinafter) in any way, you accept, agree to comply with and be bound by this Agreement (defined hereinafter) which forms a binding Agreement between you and JEXCA (defined hereinafter). If you do not wish to be bound by this Agreement, please do not access and use this Application or use our Services in any way.
This Agreement may be modified from time to time at the sole discretion of JEXCA. It is your responsibility to review the Agreement from time to time. If you continue to use the Application or use our Service, after notice of change has been intimated or published on our application, you thereby provide your consent to the changed practices and terms.
- SERVICES DESCRIPTION: [The service(s)shall mean the services which are provided by JEXCA website, its features and mobile application.
- USER ELIGIBILITY: User means any individual that legally operates and uses and has the right to use the Services provided by Jhenidah Ex-Cadets Association (JEXCA). Our Services are available only to those individuals or entities who can execute legally binding contracts under the applicable law. Therefore, in case of individuals, a User must not be a minor i.e. user(s) must be at least 18 (eighteen) years of age and a valid member of JEXCA to be eligible to use our Services (“User”).
- RISKS AND RESPONSIBILITY: You are solely responsible for the activity that occurs on your account as registered with the application and you must bear the burden to keep your account secure. You must notify us immediately of any breach of security or unauthorized use of your account.
- TERMINATION FOR BREACH: JEXCA reserves the right to deny access to particular Users to any/all of its Services without any prior notice/explanation in order to protect the interests of the JEXCA and/or other Users. JEXCA reserves the right to limit, deny or create different access to JEXCA website, mobile application and its features with respect to different Users. We reserve the right to terminate your account or your access to the Application immediately, with or without notice to you, and without liability:
- PROHIBITED USES: You are prohibited from violating or attempting to violate any security features of our application, including, without limitation:
- REPRESENTATIONS AND WARRANTIES:
- The information you provide to JEXCA is accurate and complete. JEXCA entitled, at all times, to verify the information that you have provided and to refuse the Services or use of the Application without providing any reasons whatsoever.
- Your identity is confirmed as per registered profile and you will only conduct voting related activities personally, using authorized means.
- You are responsible to check and ensure you download the correct Application for your device. JEXCA shall not be liable if you do not have a compatible device or if you download the wrong version of the Application for your device.
- all votes are digitally maintained and accounted for.
- the Election Commissioner is the final authority for any matters for this election.
- You are voting as per the registered details in the members directory.
- You provided us the consent to store and use Biometric data, including but not limited to voice files and face recognition when you use our voice search function, and your facial features of when you use the Site;
- You provided us the consent to store and use Geolocation of the user;
- You specifically authorize us to use, store or otherwise process your data or information (in order to provide the Services to you.
- You will obey all applicable laws related to the matters set forth herein, and will be solely responsible for any violations of the same.
- INDEMNITY: The User shall defend, indemnify and hold, JEXCA, its affiliates, its licensors, and each of their officers, directors, other Users, employees, attorneys and agents, harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with the: i. violation or breach of the Agreement or any applicable law or regulation, whether or not referenced herein; ii. violation of any rights of JEXCA any third party, including without limitation any copyright, property, or privacy right. iii. use or misuse of the Application or our Services. This indemnity clause will survive this Agreement and your use of the Services.
- Every effort is made to keep JEXCA website, mobile application and its features to run smoothly. However, JEXCA takes no responsibility for, and will not be liable for, the Application being unavailable due to technical issues beyond our control.
- INTERPRETATION, SEVERABILITY AND WAIVER: Headings are for convenience’s sake only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by JEXCA in exercising any right hereunder will waive any further exercise of that right.
- ASSIGNMENT AND NO THIRD-PARTY BENEFICIARIES: This Agreement is binding upon and shall inure to the benefit of both parties. You may not assign this Agreement without the Company’s prior written consent. No third party shall have any rights hereunder.
- NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from JEXCA electronically.