Terms of Use
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website. This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to our ESN24’s use of cookies in accordance with the terms of ESN24’s privacy policy.
License to use website
Unless otherwise stated, ESN24 and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not
- republish material from this website (including republication on another website);
- sell, rent or sub-license material from the website;
- show any material from the website in public;
- reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
- edit or otherwise modify any material on the website; or
- redistribute material from this website.
Acceptable use
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without ESN24’s express written consent.
You must not use this website to transmit or send unsolicited commercial communications.
Restricted access
Access to certain areas of this website is restricted. ESN24 reserves the right to restrict access to other areas of this website, or indeed this entire website, at ESN24’s discretion.
If ESN24 provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
ESN24 may disable your user ID and password at ESN24’s sole discretion without notice or explanation.
User content
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to ESN24 a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or ESN24 or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
ESN24 reserves the right to edit or remove any material submitted to this website, or stored on ESN24 servers, or hosted or published upon this website.
Notwithstanding ESN24’s rights under these terms and conditions in relation to user content, ESN24 does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
Limitations of liability
ESN24 will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings,
- loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if ESN24 has been expressly advised of the potential loss.
Exceptions
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit ESN24’s liability in respect of any:
- death or personal injury caused by ESN24’s negligence;
fraud or fraudulent misrepresentation on the part of ESN24; or - matter which it would be illegal or unlawful for ESN24 to exclude or limit, or to attempt or purport to exclude or limit, its liability.
Reasonableness
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
Other parties
You accept that, as a limited liability entity, ESN24’s has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against ESN24’s officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect ESN24’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as ESN24.
Unenforceable provisions
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
Indemnity
You hereby indemnify ESN24 and undertake to keep ESN24 indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by ESN24 to a third party in settlement of a claim or dispute on the advice of ESN24’S legal advisers) incurred or suffered by ESN24 arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of these terms and conditions
Without prejudice to ESN24’s other rights under these terms and conditions, if you breach these terms and conditions in any way, ESN24 may take such action as ESN24 deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Variation
ESN24 may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
Assignment
ESN24 may transfer, sub-contract or otherwise deal with ESN24 rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Entire agreement
These terms and conditions , together with privacy policy and cookie policy, constitute the entire agreement between you and ESN24 in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
Governing Law
The laws that govern “Terms of Use” of ESN24 and its relationship with the user are the laws of Bangladesh and any dispute regarding the use, retention, disclosure, leakage or dissemination of the information or date can only be raised in arbitration in accordance with the Arbitration Act, 2001. The place of arbitration shall be Dhaka, Bangladesh and the arbitral tribunal shall consist of three members. The courts of Bangladesh shall have exclusive jurisdiction on this matter. The entire “Terms of Use” shall apply to all who enter the website, receive service or use an application from ESN24 regardless of their nationality, location, residence or place of business.
