Notarybd Services Terms of Service and Use, Electronic and Digital Signature Disclosure and Consent and Acknowledgment for All Notarial Acts

OVERVIEW

Notarybd Services (the “Firm”) has created and developed a website  https://www.notarybd.com, a web based software application, various Application Programming Interface ( API’s), Systems, and Services (defined below) (collectively, the “Platform”) located in Bangladesh in which users, clients, notary public can review remote online notarizations and other specified electronic Services and related information and records and can access and obtain online electronic notarization and other services. The Firm is the sole owner of Notarybd Services. The brand or trade name of Notarybd Services shall be Notarybd.com which is an Online E-notarization Digital Platform. 

This website is operated by Notarybd Services. Throughout the site, the terms “Notarybd.com” “Online E-notarization Digital Platform” “Online Electronic Notarization System Provider” “Firm” “we”, “us” and “our” “it” refers to Notarybd Services. “Notary Public” refers to Enlisted Notary Public of Notarybd Services. Notarybd Services offers this website, including all information, tools and services available from this site to you, the user, the client, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. 

You are a “Visitor” when you visit the Platform. You are an “Unregister User”, if you apply for registration using our platform to become a registered user. You are a “Registered User” or “Client” if you have registered to obtain Services via our Platform for your individual use or on behalf of another person, or if you are acting in an authorized capacity on behalf of another person who has registered to obtain Services via the Platform. You are an “Other User” without limitation if you access or use the Platform of any registered user account / client for viewing transaction information or data including notarized document(s) and audio-video recording in any other authorized and lawful capacity or manner on behalf of “Registered User.” Our Terms of Use apply to anyone accessing our Platform either as a Visitor or Unregistered User or Registered User or Other User (collectively, “user” “?you?” and “?your?”). 

By visiting our site and/or taking services from us, you engage our “Service” and agree to be bound by the following Terms and Conditions (Collectively refer to “Terms of Service”, “Terms of Use”), including those additional terms and conditions and policies referenced herein and / or available by hyperlink. These Terms of Service apply to all visitors, registered users, another users of the site.

Please read these terms of service carefully before you access or use the platform or participate in our services since they impose legal obligations on you and Notarybd Services as well as enlisted Lawyers and Notary Publics of Notarybd Services and establish our legal relationship. If you do not agree to all the terms and conditions of this agreement, then please do not access our platform or register to participate in our services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

 

1. Your Agreement. By accessing or using the services or accessing our Platform, you are acknowledging that you have read and understood these terms and agree to be legally bound by them. The portions of these Terms of Use that will apply to you depend upon your role in accessing and using the Platform. The portions of these Terms of Use that will apply to you depend upon your role in accessing and using the Platform. You and Notarybd Services are collectively referred to as the “?Parties”? and each individually as a “?Party?.” Section headings are for reference only and do not affect the interpretation of these Terms of Service. Any new features or tools which are added to our platform shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to modify, vary, replace, change, or update the Terms of Service, our Privacy Policy, and Refund Policy from time to time or at any time as it deems fit. It is your responsibility to check this page periodically for changes. The revised version will be effective when we post it unless we state otherwise. By accessing the Platform after the Effective Date (defined below), you agree to be bound by the revised Terms of Use, Privacy Policy and Refund Policy. To help you determine whether these Terms of Use or Privacy Policy or Refund Policy have changed since your last visit, we will provide at the top of these Terms of Use, the Privacy Policy and Refund Policy the date that each was last updated. Please check these Terms of Use, the Privacy Policy and Refund Policy regularly so that you are aware of any changes, as they are binding on you. 

2. Nature of Platform. Notarybd.com is a platform providing access to the notarial services provided by Enlisted Notary Publics, Third Party Service Providers, Employees, and Contractors of Notarybd Services and also access to purchase e-books and e-draftings.

3. Governing Law; Exclusive Jurisdiction. These terms are governed by the laws of Bangladesh. By agreeing to these terms, you acknowledge your understanding that the notarial acts facilitated by the platform are provided by Enlisted Notary Publics of Notarybd Services within Bangladesh those who are appointed and certified by the Ministry of Law, Justice and Parliament Affairs of Bangladesh Government and all other services under Bangladesh Law, regardless of your physical location when accessing these services, and you consent to the application of Bangladesh Law to these transactions and to personal jurisdiction in Bangladesh for any dispute arising under these terms. The Parties agree and acknowledge that any question, conflict, requirement, interpretation, or disagreement related to Notarizations including the validity of such Notarizations and the validity of electronic / digital signatures shall be governed by and construed according to the Applicable Laws prevailing in Bangladesh, without regard to its conflicts of law provisions.

 

1. Choice of Law; Notarial Certificate and Powers; Place of Notarial Acts. These Terms of Service, the Privacy Policy and Refund Policy shall be governed in all respects by the laws of Bangladesh without giving effect to its conflicts of law provisions. Without limiting the breadth of such Choice of Law provision, and by way of example, you acknowledge (i) that our enlisted Notary Public acting through the Platform of Notarybd Services has been appointed and certified under the law of Bangladesh; (ii) that our enlisted Notary Public perform notarial acts, as facilitated by the Platform, solely by virtue of the laws of Bangladesh; and (ii) that our provision of the Services to you is conditioned upon the application of the laws of Bangladesh to the Services and the Platform. In addition, you acknowledge and confirm your understanding and agreement that our enlisted Notary Public shall perform the notarial acts within Bangladesh which you are requesting, and which are facilitated by the platform in accordance with notaries and all other relevant laws prevailing in Bangladesh, regardless of whether you are accessing these services via audio / video or without audio / video while physically within or outside of Bangladesh.

4. Your Representations and Warranties, Including Age of Participation, Confirmation of Identity, Capacity, Warranty of Knowledge, Consent and Freedom of Action.  By using the Platform and the Service you represent and warrant (i) that you are 18 years of age or older, or have otherwise reached the age of majority; (ii) that you have provided and will provide truthful, accurate, and complete information in registering your account, in using the Services, in participating on the Platform, and in responding to questions or other requests by Enlisted Notary Public of Notarybd Services and Identity Verification Designated Agents acting through our Platform; and (iii) that you have truthfully identified and will truthfully identify yourself for all purposes in connection with the Services and our Platform.  In addition, you represent and warrant that any request for notarization or other services which you initiate through our platform is your knowing and consensual act; that you are familiar with the content and legal effect of the document, oath or other transaction with respect to which you seek the notarial services and that you wish to proceed with the transaction understanding that you will be legally bound; and that your actions in connection with the notarization are your voluntary and consensual acts, free from any coercion or duress of any kind or nature.

   1. Our Platform is not designed by anyone under the age of 18. If you are a third party other than the natural parent(s) or legal guardian of a minor, and would like to use and /or participate on behalf of a minor who is under 18 years of age, you agree and undertake that you have necessary legal consent and permission and authority from the parent(s) or legal guardian of a minor to sign this terms of service and use, to use and/or participate and to submit / upload and receive notarization of minor’s document(s) and to conduct transaction on behalf of a minor through this platform. Notarybd Services reserves the right to refuse service for any reason or no reason.

5. Authority. If you create an account, register to use the Platform, agree to these Terms of Use and our Privacy and Refund Policy, or initiate a Transaction or otherwise use any of the Services, or take any other action on behalf of another person, you represent that you have all necessary power, authority, and permissions to (a) to act on behalf of such other person, and to bind them to these Terms of Use and our Privacy Notice; (b) to access, view, and use the Platform and all Services; and (c) to provide, access, transmit and use all User Data according to these Terms of Use.

6. Communications. You consent to allow Notarybd Services or its Service Providers to contact you about a Transaction or for information relating to your use of the Services at the mobile number you will provide or provide us Notarybd Services or its Service Providers may also contact you via any email address that you provide to Notarybd Services.

7. ?Notices. Unless otherwise explicitly under these Terms of Service, all notices under these Terms of Service to Notarybd Services will be in writing, in English or Bangla delivered to support@notarybd.com. All notices to you will be given to the person named and to the email address given in your account or registration information on the Platform. 

 

8. Our Services. The Platform is designed to facilitate access to remote online electronic notarization and other related services, which support and relate to the transactions for which individuals seek to use the remote online notarization services on our Platform, including without limitation identity validation services, payment processing, integrations with other systems, document management and administrative processes, and access to information and educational contents.  

 

1. Description of Services. The Platform includes instructions for accessing the Service and completing a transaction, which may include one or more of the following steps: (i) you provide requested biographical information; (ii) you create a unique password; (iii) you respond to a series of questions that allows us to confirm your identity; (iv) you upload a scanned copy of the document that you wish to notarize; (v) you follow the instructions on the site to interact with a live notary public; (vi) you engage in an on-line, recorded video chat with the notary public, during which time he or she will ask questions, review your identification, witness your signature, then provide a notarial seal; (vii) you pay the required fee; and (viii) you download the notarized document.

2. In the event that your identity cannot be confirmed, or you are unable or unwilling to complete the process to properly notarize your document; or our enlisted notary public determines, in his or her sole discretion, not to proceed with the notarial process, then the session will be terminated.

3. If you commence but do not complete a transaction on the platform, we may contact you in an effort to assist you with the completion of the transaction.

4. If at any time you have questions about the platform or the service, you can reach us via e-mail to support@notarybd.com  or by generate ticket through your registered online account.

 

5. NOTARYBD SERVICES AND OUR ENLISTED NOTARY PUBLIC DO NOT PROVIDE LEGAL SERVICES OR ADVICE, AND DO NOT AND WILL NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE.

 

6. Although we attempt to provide accurate information on this platform, it assumes no responsibility for the accuracy of the information. We may change the Services or prices mentioned at any time without notice. We may periodically make changes to this platform.

 

7. In order to facilitate the affidavit execution process, we will provide a live video link between you and our enlisted Notary Public so that our enlisted Notary Public can validate that you are the person whose identity was confirmed through database access and other processes. Through the video link, our enlisted Notary Public will take steps to accomplish the foregoing and complete the other tasks necessary for the applicable notarial or other Services.  THE DATA FROM YOUR INTERACTION WITH US AND WITH OUR ENLISTED NOTARY PUBLIC ON OUR PLATFORM, INCLUDING WITHOUT LIMITATION YOUR IDENTITY INFORMATION AND CREDENTIALS, IDENTITY VERIFICATION INFORMATION AND RESULTS, THE DOCUMENT SIGNED AND/OR NOTARIZED, THE TRANSACTION DATA, THE NOTARIAL ACT, AND YOUR INTERACTION WITH OUR ENLISTED NOTARY PUBLIC VIA AUDIO-VIDEO, WILL BE RECORDED AND PRESERVED BY US (AND POTENTIALLY BY OTHER PARTIES TO YOUR TRANSACTION, PER AGREEMENT AND AS PROVIDED BY LAW) AS THE RECORD OF YOUR SESSION.

 

8. After your document signing session is complete, we then send message to your online account and / or email with information about how to access the Notarized and all other services Record, which you can then provide (as appropriate) to the Notarized and all other services Record Recipient. If you are a Notarized and all other services Record Recipient and have been authorized by the Registered User or Client to do so, you will be able to view the Notarized and all other services Record and Notarization Video (and other data and transaction information) without becoming a Registered User or Client. Registered User or Client will also be able to download and print the document or otherwise share the document.

 

9. Confirmations by Those Accessing and Participating the Platform or Using / Receiving Services from Outside Bangladesh. If at the time you access the Website or Platform or request the Services you are physically located outside Bangladesh, you explicitly represent, acknowledge and warrant to us and to our enlisted Notary Public, as follows: (i) that it is not prohibited in the jurisdiction in which you are physically located at the time of the notarial act for you to seek or for our enlisted Notary Public on our Platform to provide, the requested notarial act. We recommend that before you use and patriciate our platform you do check with your intended notarized record recipient to confirm their specific ability and requirements for accepting these online notarized documents. We do not guarantee or provide other assurances that any intended recipient, including Notarized Record Recipients, will accept your Notarized Record, or that they will accept an electronically-signed or electronically-notarized document, or that the Notarized Record will be accepted or deemed valid for its intended purpose.  

10. Export Control Laws. You represent and warrant that you will not access, download, use, export, or re-export, directly or indirectly, the Notarybd Services  Data to any entity, government, location, territory, or person prohibited by Export Laws from receiving Notarybd Data including, without limitation, to any end user in a Bangladesh embargoed country or territory or an end user included in Bangladesh Government or Denied Persons List without first complying with all Export Laws that may be imposed by Bangladesh or any other country or organization or nations within whose jurisdiction you operate. You are solely responsible for complying with the Export Laws for all Notarybd Services Data and any of its content transmitted through the Platform. For purposes of this clause, “Notaybd Services Data” means the Platform and any related information and documentation, and any derivatives thereof, that Notarybd Services makes available; and “Export Laws” the export control laws and regulations of Bangladesh and other jurisdictions.

 

11. Consent to Conducting and Using Transactions to Use Electronic Means; Scope. You agree to receive the Services and to conduct transactions over our Platform by electronic means. You also consent to receive, by electronic means, all documents and communications relating to your transactions and involving use of our Platform and our Services. We and any business involved in providing the documents for which you are accessing our Platform and Services will communicate with you electronically, including over the internet and by email or through notices we post via the Platform. You are providing this Consent to us, and also for the benefit of all other parties providing documents as part of your transactions on our Platform. In addition to the foregoing, you consent to do all the following by electronic means rather than in paper form:  (i) convey, receive, access and view documents, (ii) acknowledge your signature, be placed under oath, affidavit or do those things necessary for all required notarial acts, (iii) communicate via an internet-based audio/video link with us, (iv) create an electronic and digital signature, electronic seals and use it to sign all documents, as required, and (v) receive all documents, notices and communications, as electronic records, via our web platform and / or email and an internet link which you can use to view, download or print for your records.

    1. Indicating your Consent. By setting up your account on our Platform and    consenting to these Terms of Service and by using our Services, you consent to conduct your transactions on our Platform and to receive all communications electronically, and also to sign and receive Documents according to the process described above. You also confirm that you have the hardware and software required (as specified in the following section) to use the Platform and Services and to access, view, sign, receive (and if desired) print the Documents provided to you in electronic form.

    2. Consent to Use Electronic Signature. You agree to create or adopt and use an electronic signature to sign all documents or forms including affidavit requiring your signature or initials. You understand that your electronic signature or initials on a document or form are just as valid and legally binding on you as your pen and ink signature or initials.

 

12.  Consent and License to Use of User Data.

 

1. You agree that we may use your User Data (defined below) for all purposes necessary and appropriate (i) to perform and carry out the Services, (ii) to verify your identity including by using third-party identity database service providers, (iii) to maintain records, (iv) to communicate with you as provided for in these Terms of Use (v) to transmit and display your Documents and information to you and to other authorized persons and recipients with the right or permission or consent to receive or view them, (vi) to provide you with Support Services (defined below), (vii) as set forth in our Privacy Policy, and (viii) in accordance with and as required to comply with applicable law.

2. Your consent includes a nonexclusive license for Notarybd Services to access and use (and to permit its Service Providers (defined below) to access and use) User Data as follows: (i) to review, copy, reformat, modify, display, distribute, or otherwise use such information to provide the Services; (ii) to capture and store data and information relating to your account, your identity validation, your Transaction, and other Services; (iii) to transmit and display Transaction information, Documents and identity validation information, and further to maintain and display such information on our Verification Portal (defined below) to you and other Verification Portal Users (defined below) according to these Terms of Use and our Privacy Policy; (iv) to convey such information to other parties to your Transaction, or to those with appropriate authority, or to other third parties as provided by relevant agreements or applicable law; (v) to transmit your information to Service Providers in connection with the Services; and (vi) to store, maintain, display, and otherwise provide access to User Data in notarial register and other records of the Services and your Transaction. You represent and warrant that you have sufficient authority and rights to provide the grant of rights in this Section.

3. Notarized and all other Services Records and Documents; Retention.  Our Platform is designed to facilitate the notarization of signatures upon documents and the provision of other services (where available) between you and Notarybd Services through the Platform. You acknowledge and agree that (i) Notarybd Services is not a party to any agreement or other document notarized through our Platform and Services; (ii) you are solely responsible for the content, legality, and nature of all materials you submit and statements you make in connection with our Services, whether such materials or statements are in paper-based, digital, video, audio, or other form now known or hereafter invented; (iii) You will be solely responsible for the authenticity of the documents, its contents and the consequences should these documents be found to be untrue. Further you indemnify Notarybd Services and enlisted Notary Public of Notarybd Services in case the document (s) furnished or uploaded by you on our platform are not found to be genuine at any stage. (iv) laws permitting documents to be signed electronically and notarized using electronic means including by means of audio-video communication and Notarybd Services and enlisted Notary Public of Notarybd Services are not responsible for determining whether a document you submit is subject to such an exception; and (v) that you are responsible for retaining copies of your Notarized and all other Services Records, and for preserving these Notarized and all other Services Records in accordance with applicable legal retention requirements. You do hereby agree to printout no more than one copy of each notarized document under color mode of a color printer. You do hereby agree that printing out more than one copy is a violation of the terms and conditions. If you unknowingly print more than one copy, you shall immediately destroy additional  or extra  copy and keep only one copy. If you print out more than one copy and use for more than one purpose, you will be solely responsible and liable for this act and future consequences. Notarybd Services and enlisted Notary Public of Notarybd Services will not be responsible and liable for any consequences, if raise in future relating to this issue. 

 

13. Consent to Recording of Audio-Video and Transaction Information. You consent to our Platform creating a record of your session and the transaction process. The record of your session will be electronically stored by us, and may also be stored and viewed by other parties according to applicable agreements, your free consent or permission, or applicable law. The data from your session includes (i) your User Data includes the background information you provide, images of your photo-ID and other ID credentials, (ii) results of database searches, (iii) credential analysis and other processes authorized by law to validate your identity, (iv) the uploaded Documents and additional information about the transaction, (v) session and connection information, (vi) all information required for our enlisted notary public’s notarial register, and (vii) where applicable given the service requested, the recording of your audio-video session with our enlisted Notary Public (defined below) or Identity Verification Designated Agent (defined below) and any other third party vendor. We take reasonable steps to secure the privacy and security of your data. Our use and disclosure of your data is governed by applicable law and these Terms of Service and our Privacy Policy.

 

14. Consent to Collect, Use, Store / Preserve, Transfer, Security, Disclosure of Personal Information. You agree that we will collect your Personal Information that is necessary to fulfil the following purposes:

• To verify identity;

• To meet regulatory requirements;

 

According to section 26 of Digital Security Act, 2018 prevailing in Bangladesh “Identity / verify Information” which include biological or physical or any other information which uniquely or jointly identifies other information of a person or system singly or jointly as “identity information”. This includes name, picture, address, date of birth, mother's name, father's name, signature, national identity card, birth and death registration number, fingerprint, passport number, bank account number, driving license, e-TIN number, electronic or digital signature, username, credit or debit card number, voice print, retina image, iris image, DNA profile, security question or any other identities which are available for the excellence of the technology. 

 

We may also collect, use or disclose Personal Information without your  consent:

• When permitted or required by law;

• Other legally established reasons.

 

We will make reasonable efforts to ensure that your Personal Information is accurate and complete. You may request correction to your Personal Information to ensure its accuracy and completeness. If Notarybd Services is involved in a merger, acquisition or asset sale, you agree that your Personal Information may be transferred without serving any notice to you and becomes subject to a different Privacy Policy.

15. International Transfer and Storage. Your information, including Personal Information, Data and Documents related to online notarial acts may be transferred to and maintained as well as storage on computers, virtual private server (vps), cloud server and storage located outside of your district, state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction. If you are located outside Bangladesh and choose to provide information to us, please note that we may transfer and store the information, including Personal Information, Data and Documents related to online notarial acts to Bangladesh and/or abroad and process it there. Your consent to the Privacy Policy followed by your submission of such information represents your agreement to that transfer.

 

16. Viewing Notarized Documents During and After Signing Session.  Documents shown in the web browser of Notarybd Services during the digital signing and notarization process are a rendering of the actual document. This rendering looks the same as the electronic document, but has added features that facilitate the online viewing and signing process. After the signing session, you may access and view your signed and notarized document  and if other user access or use the Platform of your account  for viewing transaction information or data including notarized document(s) and audio-video recording in any authorized and lawful capacity or manner on your behalf.

17. Security. The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, but we cannot guarantee its absolute security.

18. Our Grant of Rights to You.

    1. Grant of Rights to Platform Visitors. As a Platform Visitor, subject to your compliance with these Terms, you are granted the right to access our Website solely for your personal, non-commercial use. You may not (i) access, view, modify or otherwise use any portion of our Platform not made expressly accessible to you, or (ii) modify, copy, distribute or otherwise use the Platform, Notarybd Services Content or Services without our express permission.

    2. Grant of Rights to Registered Users. As a Registered User, subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-transferable, worldwide right to access, execute, display, perform, and otherwise use the Platform solely for your personal use of the Services, provided that you shall not: (i) license, sublicense, sell, resell, distribute or otherwise commercially exploit the Platform or the Services to any third party; (ii) modify or make derivative works based upon the Platform or Services; or (iii) reverse engineer, reverse compile, or access the Platform or Services in order to build a competitive product or service. You may access and view certain password-protected areas of our Platform for use solely in conjunction with the Services and as provided in these Terms, and you may not otherwise modify, copy, distribute, or otherwise use the Platform, Notarybd Services Content or Services.

    3. Grant of Rights to Notarized and all other Services Record Recipients. As a Notarized and all other Services Record Recipient, subject to your compliance with these Terms and to proper use by you of Document ID Numbers, access codes properly provided to you, you are granted the right to access our Platform for the purpose of accessing and viewing the Notarized and all other Services Record and other data related to the notarization transaction and its participants. You may not (i) access, view, modify or otherwise use any portion of our Platform which you are not authorized to view and which is not made expressly accessible to you, or (ii) modify, copy, distribute or otherwise use the Notarized and all other Services Record, Notarization Video, Platform, Notarybd Services Content or Services without our express permission.

    4. Duration of Rights for Registered Users. As a Registered User, you will continue to enjoy your rights under Section 18.2  (Grant of Rights to Registered  Users) for as long as you are a Registered User, unless your password is revoked or suspended.

 

19. You Grant of Rights to Us.

20. Grant of Rights to Notarybd Services in User Content. By submitting User Content for participation in our Services, you grant Notarybd Services the right to use, copy, reformat, index, modify, display and distribute your User Content for the purposes of providing our Services. Without limiting the foregoing, you grant Notarybd Services the right to capture and store all data and information relating to your account, your identity validation and your notarial transaction and other requested Services, including without limitation the audio-video record of the session, a digital copy of all documents transmitted to us, and all notarial and other acts performed as part of our services. You further grant Notarybd Services the right to transmit and display to Notarized and all other Services Record Recipients the Notarized and all other requested Services Records and key transactional and (as authorized) identity validation information, and also to display such information on our Web Verification Portal in accordance with the procedures that govern the Portal from time to time. You further grant Notarybd Services the right to transmit all or part of your User Content to third-party service providers whose services we may use to support or provide all or part of the Services provided to you by the Platform, such as identity validation services, video services, online translation services, web services, document conversion, imaging and archiving, digital archiving of physical records and the like. You further grant Notarybd Services the right to store, maintain and provide access to your User Content and notarial transaction information in our enlisted Notary Public’s notarial register as provided by Bangladesh law, and to submit or display such information, along with other User Content, to government officials who have a right to see such information, and to other authorized persons or entities as provided by your agreements with them or by applicable law.  

21. Rights / Permissions You Must Have in Your User Content. In submitting User Content, you represent and warrant that you have sufficient authority and rights to post such User Content, and to provide the grant of rights to us.

22. Right to Record and Display Audio-Video and Transaction Data.  Without in any way limiting your grant to us of rights in your User Content as set forth above, by establishing an account and participating in any transaction on the Platform and by using our Services, you grant to us the right to record, use, reformat, index, store, archive, copy, display, publish, reproduce and distribute, in any manner or medium now known or hereafter existing, the audio and video recording of your image, likeness and voice, along with your connection information, device information and session information, and also your personal data and identity credentials (including any photos thereon) and the Notarized and all other requested Services Records, for any legitimate business purpose associated with your transaction and your use of the Platform and the Services, and for all other purposes as provided by law. You understand that your use of the Platform is in connection with an important transaction involving the official act of our enlisted Notary Public, and that the record of the transaction and associated data, including the audio-video recording, are important records. The right of third parties to access, view, copy, use and display these records may have been granted by you in agreements you have with other parties to a transaction, and is also governed by these Terms of Service and our Privacy Policy and by applicable law. You agree to control your environment during your session on the Platform so that no other parties are visible or audible on the audio-video recording; but if any such identifiable parties are present and visible and/or audible, you hereby confirm to us that they are present pursuant to your invitation and that you have the right and authority to grant to us, on their behalf, all the same rights in their image, voice and likeness as you grant to us herein. For avoidance of doubt, all the rights granted in this sub-paragraph are to be construed as part of your grant of rights to us in your User Content. 

23. Right to Use Identity Credentials and Data to Verify Your Identity. A key foundation of the notarial act and all other requested services of your related transactions on the Platform, is our ability to verify that you are who you claim to be. In addition to the above rights, you grant to us the right to record, use, reformat, index, store, archive, copy, display, publish, reproduce and distribute, in any manner or medium now known or hereafter existing, the identity credentials you provide to us and the photos and data thereon, your electronic signature in the form of image as well as your background and account information. You agree and consent to Notarybd Services using and processing your Personal Data for the Purposes and in the manner as identified hereunder.

 

For the purposes of this Agreement, background and account information means your “Personal Data” in which include information about you, from which you are identifiable, including but not limited to your name, date of birth, nationality, address, photograph, mobile number, email address, national Identification card number, passport number, passport issue and expiry date, details of visa, birth certificate number, death certificate number, video, telephone number, bank account details, debit card details credit card details, master card details, mobile banking number details, race, gender, finger print,  driving license details, electronic or digital signature, user name, voice print, retina image, iris image, security question or any other identities, any information about you which you have provided to Notarybd Services in registration form, profile, questionnaire form, application form or any other similar form and / or any information about you that has been or may be collected, stored, used and processed by Notarybd Services from time to time and includes sensitive personal data such as data relating to health, religious or other similar beliefs in order to verify your identity for all purposes associated with your transactions on the Platform. Notarybd Services may perform this identity verification directly or through others acting on our behalf, by accessing public or private databases including identity verification records, credit records by engaging third party service providers to perform identity verification services, by using software or hardware forensic analysis tools or products, by scanning the bar code or performing photo analysis or facial recognition on your government-issued photo ID, by looking for evidence of manipulation or tampering on your ID credentials, or by any other means or technology or method allowed by law. Enlisted Notary Public of Notarybd Services in your transaction will also review your identity information and credentials, as well as the results of any of the foregoing identity verification methods, to satisfy himself or herself of your identity in accordance with applicable law. Your above grant of rights to us includes the right to record, use, reformat, index, store, archive, copy, display, publish, reproduce and distribute, in any medium or by any method now known or hereafter existing, the results of these identity verification processes for any legitimate business purpose associated with your transaction and your use of the Platform and the Services, and for all other purposes as provided by law.

 

5. The provision of your Personal Data is voluntary. However, if you do not provide Notarybd Services your Personal Data, your request for the application or registration shall be incomplete and Notarybd Services will not be able to process your Personal Data for the purposes outlined below and may cause Notarybd Services to be unable to allow you to use the Service.

Notarybd Services may use and process your Personal Data for business and activities of the Notarybd Services which shall include, without limitation the following (the “Purposes”):

1. To perform the Firm’s obligations in respect of any contract entered with you;

2. To provide you with any services pursuant to the Terms of Use and Terms of Service herein;

3. To process your participation in any events, promotions, activities, focus groups, research studies, contests, promotions, polls, surveys or any productions and to communicate with you regarding your attendance thereto;

4. Process, manage or verify your application for the Service pursuant to the Terms of Use and Terms of Service herein;

5. To validate and/or process payments pursuant to the Terms of Use and Terms of Service herein;

6. To develop, enhance and provide what is required pursuant to the Terms of Use and Terms of Service herein to meet your needs;

7. To process any refunds, rebates and or charges pursuant to the Terms of Use and Terms of Service herein;

8. To facilitate or enable any checks as may be required pursuant to the Terms of Use and Terms of Service herein;

9. To respond to questions, comments and feedback from you;

10. To communicate with you for any of the purposes listed herein;

11. For internal administrative purposes, such as auditing, data analysis, database records;

12. For purposes of detection, prevention and prosecution of crime;

13. For Notarybd Services to, its partners, advertisers and or sponsors;

14. To notify and invite you to events or activities organized by Notarybd Services, its partners, advertisers, and or sponsors; 

In addition, by using the Service, you:

 

(a) consent to our methods of identification, authentication, signing, verifying, recording, transmitting, sharing and storing information;

 

(b) consent to use of an electronic signature, which has the same legal impact and incurs the same legal rights and obligations as with physical ink-to-paper signature, and acknowledge that you have the option to use traditional physical ink-to-paper signature, and are foregoing that option by using the Service;

 

(c) agree to use digital certificates as a form of signature;

 

(d) agree to cooperate with requests made by the Service or our enlisted notary public to affect the proper notarization of your document;

 

(e) agree to comply with the Information Communication and Technology, Digital Security Act and other related acts, rules and policies.

 

(f) You expressly acknowledge that we cannot control who might accept your notarized documents using the Service and that we are not liable for any document that is not accepted.

 

6. Notarybd Services Platform Rights and Grants. A notary session (“the 

Session”) using the Service creates a file that is stored by us and other authorized persons under contract or by law electronically. The file may contain data that is used or collected during your Session comprising account information, identity-related information, photos, images, documents, session information, notarial register information, audio and video recording of the Session, credential information and other information collected in the Session (“collectively Information”). 

7. You understand and agree that by using the Service that we are not a party to 

any part of the session, we are not responsible for retaining any information for any specified period of time for your use. We do confirm the legality of electronic signatures, documents and their preparation and legal effect, and that any issues are between you and our enlisted notary public in this section. 

8. By using the Service or participating in a Session, you expressly grant us the 

right to collect, use, store, record, disclose, distribute, alter, copy, your personal, biometric, biographical information and other sensitive information as you stated in online registration form and profile of Notarybd Services or otherwise use in any manner, format and on any device or medium the Information from the Session for any valid legal or business purpose and no charge to us. You do hereby also agree and give consent that Notarybd Services may disclose your personal, biometric, biographical and other sensitive information to any Government Agency for the purpose of Digital Security Act, 2018 and all other related laws, rules and policies prevailing in Bangladesh. 

 

9. By using the Service or participating in a Session, you expressly grant and 

consent us the right to verify your identity using the Information, databases, credit reports, or other third party or other information with our Service or by third parties using any identify proofing methods, such as forensics, knowledge-based questions, biometrics, in any combination of hardware and software. You expressly grant us the right to store, record, distribute, alter, copy, or otherwise use in any manner on any device or medium the Information from the verification for any valid legal or business purpose.

For avoidance of doubt, all the rights granted in this sub-paragraph are to be construed as part of your grant of rights to us.

20. Code of Conduct of User. As a condition to your use of the Platform and the Services, you as a Registered User you agree to follow our Code of Conduct, set out below. Without limitation to the generality of the foregoing, by using the Software or the Web Application and availing the services of Notarybd Services, you agree and undertaking that:

1. You will not authorize others to use your identity or user status, and you may not assign or otherwise transfer your user account to any other person or entity.

2. When using the Service, you agree to comply with all applicable laws whether in Bangladesh or in your home nation or otherwise in the foreign country, state and city in which you are present while using the Service.

3. You will only use the Service for lawful purposes.

4. You will only use the Service for the purpose for which it is intended to be used.

 

5. You will not use our platform for uploading or sending or storing any unlawful document(s) or material(s) or for fraudulent purposes.

 

6. You will not use our platform to cause nuisance, annoyance, inconvenience or make fake purpose;

7. You will not intentionally or unintentionally cause or attempt to cause damage to Notarybd Services and/or its enlisted Notary Public, third party service providers or employees or associates or contractors;

8. You will keep secure and confidential your account password or any code or identification Notarybd Services provide you which allows access to the Service;

9. You agree to provide accurate, current and complete information as required for the Service and undertake the responsibility to maintain and update your information in a timely manner to keep it accurate, current and complete at all times during the term of this Agreement.

10. You agree that Notarybd Services may rely on your information as accurate, current and complete. You acknowledge that if your information is untrue, inaccurate, not current or incomplete in any respect, Notarybd Services has the right to terminate this Agreement and your use of the Service at any time with or without notice;

 

11. You will only use an access point or data account which you are authorized to use;

12. You are aware that when requesting online notarization services by SMS or use of the Service, standard telecommunication charges will apply;

13. You agree that the Service of Notarybd Services provided on a reasonable effort basis; and

 

14. You agree that your use of the Service will be subject to Notarybd Service’s Privacy and Refund Policy as may be amended from time to time.

 

15. You will not Upload, send email or otherwise transmit any images or other User Content that is unlawful, obscene, harmful, hateful, invades the privacy of any third party, contains nudity or pornography or is otherwise objectionable.

 

16. You will not Disseminate materials that impact or invade the privacy of others, such as photographs, video clips, sound recordings, personally identifiable information, or other materials that reveal personal, private or sensitive information about another person, without that person's consent.

 

17. You will not Submit material that is intentionally false, defamatory, threatening or harassing.

 

18. You will not Infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy. Electronic materials – such as music, videos, games, images and text in electronic form – can easily be copied, modified and sent over networks (such as the internet). These electronic materials are thus extremely vulnerable to unauthorized distribution and copyright infringement. These materials may not be transmitted over the Platform without the copyright owner's permission or without a legitimate "fair use" justification for the transmittal.

 

19. You will not Transmit materials that contain any viruses, Trojan horses, worms, time bombs, cancel bots or other computer-programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

 

20. You will not Use the Platform in a manner that could disable, overburden or impair the Platform or Services or interfere with any other party's use and enjoyment of the Platform and Services, such as through sending "spam." 

 

21. You will not Use the Platform to test or reverse engineer the Platform in order to find limitations, vulnerabilities or to evade filtering capabilities.

 

22. You will not seek to obtain access to any materials or information through "hacking", "data harvesting" or through other means we have not intentionally made available to you through the Platform.

 

23. You will not Use the Platform for any purpose that is unlawful or prohibited by these Terms. For example, you will not use the Platform to violate any law, statute or regulation (including, without limitation, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising).

 

24. You will not engage in or encourage conduct that would violate any applicable law, rule, regulation, judicial or government order or give rise to civil liability or violate or infringe upon any intellectual property, proprietary, privacy, moral, publicity or other rights of ours or of any other person or entity;

25. You will not submit, post, email, display, transmit or otherwise make available through the Service any material or take any action that is or is likely to be unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy or publicity rights, harassing, profane, obscene, vulgar or that contains explicit or graphic imagery, descriptions or accounts of excessive violence or sexual acts (including, without limitation, sexual language of a violent or threatening nature directed at another individual or group of individuals), contains a link to an adult website or is patently offensive, promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

26. You will not submit, post, email, display, transmit or otherwise make available through the Service any material that you do not have a right to make available under any law, rule or regulation or under contractual or fiduciary relationships (such as inside information, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements), or otherwise creates a security or privacy risk for any other person or entity;

27. You will not submit, post, email, display, transmit or otherwise make available through the Service any material that contains a software virus, worm, spyware, Trojan horse or other computer code, file or program designed to interrupt, impair, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

28. You will not modify, disrupt, impair, alter or interfere with the use, features, function, operation or maintenance of the Service or the rights or use or enjoyment of the Service by any other user.

29. You will not impersonate any person or entity or falsely state or otherwise represent your affiliation with a person, or entity;

30. You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted on, through or in connection with the Service.

31. You will not solicit passwords or personal identifying information for commercial or unlawful purposes from other users or engage in spamming, flooding, harvesting of email addresses or other personal information, “spidering”, “screen scraping”, “phishing”, “database scraping”, or any other activity with the purposes of obtaining lists of other users or other information; or

32. You will not modify, reverse engineer, decompile or disassemble any part of the Service, whether in whole or in part, or create any derivative works from any part of the Service, or encourage, assist or authorize any other person to do so.

33. You confirm and warrant to us that you are not under the influence of alcohol or any other substance which has impaired your ability to participate in a transaction, sign Documents, obtain Notarizations, agree to obligations including these Terms of Use, or otherwise perform any and all legally-binding acts involved in using the Services or our Platform.

21. Monitoring; Revocation or Suspension of Use Privileges. Notarybd Services reserves the right at any time to (i) monitor your use of  Notarybd Services web Platform www.notarybd.com, and (ii) terminate or suspend your use of some or all of the Platform or Services if you engage in activities that we conclude, in our discretion, breach our Code of Conduct or otherwise violate these Terms or our Privacy and Refund Policy. Although we have no – and assume no – obligation to monitor activities on our web Platform. Please understand that we may employ filters designed to detect and block inappropriate content described in our Code of Conduct. We reserve the right to request edits to your submission, to refuse to post or to remove any information or materials, in whole or in part, that we believe, in our sole discretion, is incompatible with our Code of Conduct. You should also understand that our Code of Conduct is based in many instances on principles of applicable law. Violations of our Code of Conduct accordingly may expose you to criminal charges, and civil liability to harmed parties for compensatory damages and advocate / lawyer’s fees. Notarybd Services reserves the right at all times to disclose information it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, consistent with our Privacy Policy.

 

22. Suspend Access and Termination?.? ?You agree and consent that Notarybd Services at its sole and absolute discretion may, directly or indirectly, and by use of disabling device, suspend, terminate, or otherwise deny any access or use of the platform, services, contents or remove or disable any user or registered user and may blacklist or block or suspend account of registered user permanently or temporarily and reject request to use the Platform or Service or any part thereof for such reasons as it deems fit, including but not limited to if: (i) Notarybd Services receives a judicial or other governmental demand or order, summons, or law enforcement request that expressly or by reasonable implication requires Notarybd Services to do so; or (ii) receive complaints about registered user from employees or associates or enlisted notary public or service provider of Notarybd Services about behaviour or interaction of registered user with anyone whatsoever including but not limited to service provider, Firm’s employees, enlisted notary public, lawyer, associates, law enforcements agencies whilst and / or before or after using the Service’ or (iii) Notarybd Servies reasonably and in good faith believes such use or access: (a) violates these Terms of Use; (b) Registered User is, has been, or is likely to be involved in any fraudulent, misleading, or unlawful activities relating to or in connection with any of the Services; or (iv) this Agreement expires or is terminated. This Section does not limit any of Notarybd Service’s other rights or remedies, whether at law, in equity, or under this Agreement. Notarybd Services may or may not use reasonable efforts to notify the Registered User / Client before any suspension or disablement, except when Notarybd Services reasonably believes that: (a) applicable law or legal process such as court or government administrative agency processes prohibits Notarybd Services from doing so; or (b) delaying notice is necessary to prevent imminent harm to the Services or a third party; or (c) User violates Terms of Service, Privacy and/or Refund Policy. 

 

Nothing herein shall prevent a Receiving Party from disclosing any Confidential Information as necessary pursuant to any court order, lawful requirement of a governmental agency or when disclosure is required by operation of law.

23. Ownership; Reservation of Rights. The Platform, Services, and associated Notarybd Services Contents, Trademark are the proprietary property of Notarybd Services and protected by Bangladesh copyright, trademark and other intellectual property laws, or are used under the principles of fair use. Notarybd Services retain all rights with respect to the Platform, Services and Notarybd Services Content except those expressly granted to you in these Terms.

24. User Data Backups; Retention.? Subject to applicable law, the Registered User shall retain copies of all User Data submitted to Notarybd Services; all Documents received from Notarybd Services; and other User Data received from Registered User associated with the Services. The Registered User shall be solely responsible for backup of such data, and to retain such data according to retention requirements applicable to the Registered User, except solely for maintaining specified notarial records according to law by our enlisted Notary Public. Notarybd Services has (i) no obligation to backup User Data and we are not a party to any part of the session between Registered User and our Enlisted Notary Public. We are not responsible for retaining any Information for any specified period of time for your use and (ii) although Notarybd Services will make Documents available for review via the Platform and the Verification Portal as provided for herein, Notarybd Services has no obligation to retain any such Documents.

25. Obtaining and Protecting a Password; Protecting Your Access Informati