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51/D, Amirbag R/A

Chattogram, Bangladesh

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Term & Condition

Term & Condition

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 base 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 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 which 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 user, other user 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, update the Terms of Service, our Privacy Policy and Refund Policy 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, 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 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.

  1. 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 natural parent(s) or legal guardian of a minor, 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.

  2. 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.

  3. 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 mobile number you will provide or provided us Notarybd Services or its Service Providers may also contact you via any email address that you provide to Notarybd Services.

  4. ?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. 

 

  1. 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.


 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.  

  2. 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.

 

  1. 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.

 

  1.  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. 

 

  1. 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.

 

  1. 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.

  1. 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.

 

  1. 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.

  2. 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.

 

 

 

 

  1. 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.

 

  1. You Grant of Rights to Us.

 

  1. 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.  

  2. 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.

  3. 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. 

  4. 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.

 

  1. 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.

 

  1. 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”). 

  1. 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. 

  1. 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. 

 

  1. 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.

  1. 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.

 

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

 

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

  2. 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;

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

  4. 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.

  5. 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;

 

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

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

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

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

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

 

  1. 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.

 

  1. 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.

 

  1. 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." 

 

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

 

  1. 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.

 

  1. 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).

 

  1. 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;

  2. 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;

  3. 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;

  4. 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;

  5. 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.

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

  7. 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.

  8. 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

  9. 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.

  10. 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.

  1. 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.

 

  1. 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.

  1. 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.

  2. 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.

  3. Obtaining and Protecting a Password; Protecting Your Access Information. In order to access and use certain content, features, or functionality of the Platform and Service, we require that you register by providing your name, creating a password, and providing certain additional information, which may include, without limitation, your email address, legal name, date of birth, country of residence, zip code, your physical address, NID, passport and visa details, mobile number(s), applicable payment data and information. You represent and warrant that all registration and account information you submit is truthful and accurate and you shall maintain and promptly update the accuracy of such information. Further, you are responsible for maintaining the confidentiality of your password, and you shall be responsible and liable for any access to or use of the Service by you or any person or entity using your password, whether or not such access or use has been authorized by you or on your behalf, and whether or not such person or entity is your employee or agent, including, without limitation, any fee-based transactions. We reserve the right to accept or deny access, use and registration privileges to any user of the Service if we believe there is a question or no question about the identity of the person trying to access the Service. Notarybd Services shall not be responsible or liable for any loss or damage arising from your failure to comply with this section.

    1. Only Registered User who have a valid password are authorized to access 

specified password-protected areas of the Platform. Registered User must keep in mind that we will treat anyone who uses their user name and password as that user. We will provide this individual with all of the rights and privileges that we provide to that Registered User, and we will hold that Registered User responsible for the activities of a person using the Registered User’s password. We therefore recommend that Registered User maintain his / her user name and password in confidence, and that he / she refrain from disclosing this information to anyone who might "pretend" to be that Registered User with respect to the Platform and their participation in the Services.

  1. In addition, Registered User who complete a transaction will receive instructions 

for how to access the Notarized and all other services Record and also specified transactional information and the video recording of the notarial transaction maintained in the Platform’s verification portal. If in addition to providing a Notarized and all other services Record Recipient or other third party with your Notarized and all other services Record, you also choose to provide any of them with the associated Document(s) ID Number or PIN / QR codes and other access information, they will be able to view the Notarized and all other services Record and all the information accessible through those access ID Number or Codes on the Platform’s verification portal.  Accordingly, we recommend that you maintain all such access ID Numbers, codes and information in your control and provide that access information to Notarized and all other services Record Recipients or to third parties as you consider appropriate.  

  1. To protect your Notarybd.com account, keep your password confidential. You 

are responsible and liable for the activity that happens on or through your Notarybd.com account as a registered user. Try not to reuse your Notarybd.com account password on third-party applications. Make sure your account is not getting forwarded or shared unless you want it to be that grant others access to your account. Regularly review your account for unfamiliar or suspicious activity. If you see suspicious account activity, unauthorized use of your password or Notarybd.com account immediately change your password and log out of your account. If you forget your password, you need a way to get back into your account. Notarybd.com may send you an email at a recovery email address if you need to reset your password, so make sure that recovery email address is up-to-date and is an account you can access. You can also receive a code to your registered mobile phone number to reset your password via text message. Having your registered mobile phone number on your account is one of the easiest and most reliable ways to help keep your account safe. For example, Notarybd.com can use your registered mobile number to challenge people if they try to break into your account, and send you a verification code, so you can get into your account if you ever lose access. Your mobile phone is a more secure identification method than your recovery email address or a security question.  Because unlike the other two, you have physical possession of your mobile phone. 

 

 

  1. Affidavit in Paper Form. After signing session is completed, we will deliver you the executed affidavit in electronic or paper form as determined by law and we will only charge the cost for delivery of affidavit in paper form to your designated postal address.

 

  1. No liability to accept documents in electronic form or electronic record. Any individual, Court, Ministry or Department of the Government or any authority or body established by or under any law or controlled or funded by the Government may or may not accept electronically and digitally signed notarized / attested documents. Bangladesh and Foreign Government agencies and Court Systems may impose specific additional requirements, limitations and conditions for accepting electronically-signed documents. Although, there is no legal obstacle in order to accept document notarized online in accordance with the relevant laws of Bangladesh. We recommend that you check with your intended notarized electronic record recipient to confirm their specific ability and requirements for accepting online notarized documents. Notarybd Services and Enlisted Notary Public of Notarybd Services makes no guarantee that notarized document(s) in electronic form or electronic record or electronic and digital signature affixed into notarized electronic document be accepted by your recipient. 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.

  2. System Requirements; Changes to Requirements.  You understand and represent that your systems include, at a minimum, software and hardware as set forth below, and that you are able to access and use the Platform and our Services using your systems.

 

  1. Hardware and Software Requirements. There are certain hardware and 

software requirements for you to be able to access or retain the above stated electronic records ("Electronic Records"). The computer requirements are as follows:

28.1.1.  A PC or MAC computer with one of the following operating systems and memory adequate to access, view and (if desired) store and print documents: (i) Windows Vista or later; or (ii) Mac OS X 10.6 or later; or an iOS or android device running versions of iOS or android dated as of September, 2021 or later;

28.1.2. Adobe Acrobat or Adobe Reader, for viewing and printing electronic documents. In order to access the digital certificate logically attached to your notarized and other services record, you will need Adobe Acrobat Reader, Adobe Acrobat DC, Adobe Acrobat Standard or Adobe Acrobat Professional.  JavaScript and browser display must be enabled. For a free copy of Adobe Reader, go to www.adobe.com. You must have one of the following versions of Acrobat or Reader: 6.x or later;

28.1.3.  Internet access through an Internet Service Provider selected by you using a 4G or updated mobile data devices at least 15 mbps download and upload speed or above or high-speed internet broadband connection sufficient to support a live, real-time audio video connection to authorized service provider and enlisted Notary Public of Notarybd Services and a webcam, microphone and speaker sufficient to engage in a real-time audio-video conference;

28.1.4.  For PC or MAC computer access, one of the following Internet web browsers with Cookies and JavaScript enabled: (i) Firefox version 2.0 or greater; or (ii) Google Chrome version 1.2 or greater.

28.1.5.  Internet connected E-mail capability.

28.1.6.  Document Scanner and a printer, we strongly recommend color printer (if you want to print copies of electronic records).

 

 

  1. Your Responsibility. You are responsible for configuring your system to accommodate the above computer, iOS or android device and printer requirements. You may only access the Service using authorized means. It is your responsibility to check and ensure that you have downloaded the correct Software for your device. Notarybd Services is not liable if you do not have a compatible device or if you have downloaded the wrong version of the Software to your device. Notarybd Services reserves the unconditional right to not permit you to use the Service should you use the Application and/or the Software with an incompatible or unauthorized device or for purposes other than which the Software and/or the Application is intended to be used.

  2. Changes to Requirements.  If we change the minimum hardware or software requirements needed to access or retain records, and the change creates a material risk that you will not be able to access or retain a subsequent record, then before the change takes effect we will notify you of the new requirements via your online account and /or email. 

  3. Privacy Policy. We want to be sure you fully understand how we collect, use and protect your information, data and your rights of disclosure and control over your data. Please review our Privacy Policy. It describes, among other things, Notarybd Service’s obligation to provide privacy and security of data, our uses of data and your rights respecting your data, as well as your responsibility to protect passwords. By accessing the Platform and using any of the Services, you confirm that you have read and agree to the Privacy Policy. 

28.5. No Compensation.  No compensation will be paid with respect to Notarybd Service’s use of your User Content. You shall have no right of approval of Notarybd Service’s use of your User Content as provided for herein. 

28.6. Right to Decline User Content. We expressly reserve the right to refuse to use, remove, or disable User Content that we conclude, in our sole discretion, violates these Terms or our Privacy Policy, or is incompatible with the purposes of the Platform and our Services.

28.7. Comments and Feedback. If you choose to provide us with comments or feedback regarding our Platform or our Services, you grant us the right to use, publish, modify, and otherwise exploit your comments and feedback for all purposes, with no obligation to pay or otherwise compensate or provide attribution to you.

28.8. Notarybd Services Analytics. You acknowledge and agree that Notarybd Services is entitled to collect, compile, analyze and otherwise use and exploit statistical data related to your use of and participation in our Services and any feedback you may provide related to our Services (“Notarybd Services Analytics”). To the extent that Notarybd Services chooses to sell, publish or otherwise share the Notarybd Services Analytics in connection with its Services, Notarybd Services will treat any of your personal information contained in the Notarybd Services Analytics as Personally Identifiable Information under our Privacy Policy. No compensation will be paid by Notarybd Services with respect to its use of the Notarybd Services Analytics.

 

29. Cost, Service Charge and Fees Associated for Services. You will timely pay Notarybd Services all cost, service charge and fees associated with the Services you receive at the time services are rendered. Notarybd Services will be responsible for taxes, VAT associated with your receipt of the Services. The service charge you pay for the Services represent a combined total of (a) fees for our enlisted notary publics for notarial acts and service charge for all other requested services, (b) cost for System Maintenance, IT Support and Software Maintenance Services, Digital Content Development and Management, Web Site Services, Business Process Outsourcing, Data entry, Data Processing, Call Centre, Web Listing, document conversion, imaging and archiving, digital archiving of physical records, audio-video services, Technological and Technical Support record-keeping support, Online Payment Gateway, SSL and Digital Signature Certificate and all other functions provided by the Platform.

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content not including credit card information, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

30.  Accuracy, Completeness and Timeliness of Information. Notarybd Services is not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

31. Accuracy of Billing and Account Information. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per registered user, or per order. These restrictions may include orders placed by or under the same registered user account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting  e-mail and/or billing address and/or mobile number provided at the time of registration or at the time of order was made. Notarybd Services reserves the right to limit or prohibit orders that, in our sole judgment.

 

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and debit , credit, visa, master card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

32. Optional Tools. Notarybd Services may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.


33. Links to Third-Party Sites. Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that may or may not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of      third-parties.

We are not liable for any harm or damages related to the purchase or use of services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

The Platform may contain links or produce search results that reference links to third party websites (collectively, "Linked Sites"). Notarybd Services has no control over these Linked Sites or their content and does not assume responsibility or liability for any content, opinions or materials available on Linked Sites. Notarybd Services does not endorse the content of any Linked Site, nor does Notarybd Services warrants that a Linked Site will be free of computer viruses or other harmful code that can impact your computer or other web-access device. By using the Platform to search for or link to another site, you agree and understand that such use is at your own risk.

 


34. User Comments or Citation, Feedback and Other Submissions. If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you give citation or feedback, send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

35. Digital or Electronic Forgery. “Digital or Electronic Forgery” means by one or more persons without any authority or in given authority as an access or through exercise beyond right create any input or output of any computer or digital device or alter or delete or hide through incorrect data or information or incorrect program wrong or wrong work or in the wrong activities, information system or will mean operating of computer or digital network. According to Digital Security Act, 2018 prevailing in Bangladesh, if you willingly or deliberately makes harm to information, deletes, destroys, tries to get advantages of your or other person or make harm to others with a view to proving the information through adding new information or distorting the same in any computer, computer programme, computer system or computer network or device, social media or digital network, this will be deemed as offence. As a registered user or site visitor if you send any electronic message to the receiver with a view to cheating for which make harm or loss to the receiver for providing wrong information, it will be considered as an offence and will be prosecuted, charged and punished under the relevant laws prevailing in Bangladesh subject to the nature of your crime.

36.Conviction / Punishment for Digital or Electronic Forgery & Fraud using computer or digital devices. If you perpetrate any offense outside Bangladesh for which you may be convicted under Digital Security Act, 2018 for this reason, this act will be applicable in such a way that you have committed the offense in Bangladesh. If you commit any offense through any computer, computer system or computer installed in Bangladesh under this act, the provisions of the same will be applicable against you in such way that the offense was committed in Bangladesh. 

 

37.  Conviction / punishment for Fraudulent over Identity and Impression. You understand and agree that it is a serious criminal offence to do identity fraud or being in disguise or misrepresent identity or impersonates of any living or dead person through deliberate forgery for the advantages or interest of yourself or for others or for making harm to anyone. As a Registered User, if you do fraud or forge or misrepresent or alter or manipulate document(s) to receive notarization are serious crime. Moreover, if you directly or indirectly upload on our platform fake, forge, fabricate, counterfeit, alter, rub, scour, tamper, manipulate, illegal, unlawful, prohibit or otherwise objectional original document(s) in electronic form or if you forge or alter or erase or scouring / rubbing or tampering or manipulating notarized document(s), in that case you and your associate (if any) will be solely responsible and liable for this illegal act and criminal offence and will be prosecuted, charged and punished under relevant laws prevailing in Bangladesh subject to the nature of related crime.

38. Conviction / Punishment for Pornography Picture supplied or uploaded through Internet or Website / Web Platform or Mobile Phone or any other Electronic Device. It is a serious criminal punishable offence if you supply or upload on our platform pornography document(s), pornography picture(s), pornography content(s) in electronic form OR commit social or personal disrespect / disgrace or harm reputation of Notarybd Services or its enlisted Notary Publics by uploading pornography document(s) or pornography picture(s) or pornography content(s) for notarization. Offenses committed under section 8(2) or 8(3) of Pornography Control Act, 2012 prevailing in Bangladesh shall be cognizable and non-bailable and shall be punished with a maximum punishment of 5 years imprisonment and also penalty up to 2 lacks taka. If you do aforesaid illegal act(s) and criminal offence your account would be backlisted and permanently suspended. Your profile and registration information will immediately be forwarded to law enforcing agency / police for taking immediate strict legal action and criminal prosecution against you and your associate (if any).” In addition, you do not upload otherwise objectionable or irrelevant, inconsistent original document(s) in electronic form.

 

39. Extra Judicial Application. According to section 4(1) of Digital Security Act, 2018 prevailing in Bangladesh 1) If you commit any offense within this Act outside Bangladesh which would be a punishable offense if committed inside Bangladesh, then the provisions of this Act would be applicable in such a manner as if those Acts were committed in Bangladesh. 2) If you commit any offense in Bangladesh within this Act from outside Bangladesh using any computer, computer system, or computer, then the provision of this Act will be applicable in such a manner as if the whole process of the offense was committed inside Bangladesh. 3) If you commit any offense outside Bangladesh within this Act from inside Bangladesh, then the provisions of this Act will be applicable in such a manner that the whole process of committing the offense occurred inside Bangladesh. 




 

40. Offence and Conviction under Information and Communication Technology Act, 2006, Digital Security Act, 2018, Pornography Control Act, 2012  and all other related ICT, Cyber and Digital Security laws and rules prevailing in Bangladesh. You agree that as a Registered User or Visitor if you commit any cybercrime or offence in Notarybd Services web platform www.notarybd.com in that event and in any consequences you and your associate (if any) will be solely responsible and liable and be prosecuted under Information and Communication Technology Act, 2006, Digital Security Act, 2018, Pornography Control Act, 2012  and all other related ICT, Cyber and Digital Security laws, rules and policies prevailing in Bangladesh.  

 

41. No Legal Advice.  In the course of receiving our Services, you may be provided with general information concerning laws governing electronic signatures, electronic notarization, and other subject matter areas.  This information, and all other information provided through our Platform, is for general informational purposes only. This information expressly does not constitute legal advice, and is expressly not intended to constitute legal advice. You shall not, under any circumstances, consider our Services, our Platform, or statements we may make in connection with our Services or our Platform, as a substitute for such professional legal advice. Notarybd Services makes no representations or warranties regarding your documents or Notarized Records, regarding your legal rights and obligations under such documents or Notarized Records, or regarding the validity or enforceability of such documents or Notarized Records, and Notarybd Services shall have no liability with regard to such documents or records. 

 

42. Refund Terms and Conditions. By clicking the “I ACCEPT” button you agree and give legal consent that No refund will be made, after Notarybd Services and enlisted notary public of Notarybd Services deliver you complete service. Once you have placed an order and accordingly pay invoice amount and later you decide not to receive service or unable to receive service, then the service charge you pay will not be refunded. You cannot switch / change from one service to another, until you complete the transaction of the first service. For Example- If you select Document Notarization and pay associated service charge for it, until you receive notarized document i.e. until you complete your first service, you cannot switch / change category from document notarization to an affidavit service or vice-versa OR If you select affidavit service and pay associated service charge for it, until you receive affidavit service i.e. until you complete your first service, you cannot switch / change affidavit service to document notarization or vice-versa. Further, you cannot withdraw service until final completion of full service. For Example- If you select Affidavit (Draft) and Execution Online, after approving and receiving final draft of an affidavit, you cannot withdraw service until completion of an affidavit execution. In that case, the service charge you pay will not be refunded. If you place your order by using a third party’s Valid Card or through Net-Banking or otherwise through any mode of payment mechanism without prior approval or permission of the third party or if you stole, misuse / abuse, misrepresent information or identity of the Valid Card or other mode of payment mechanism of third party, in that event you and your associate (if any) will be solely or jointly responsible and liable for such offence and future consequence and the service charge that will pay be non-refunded. 

 

By clicking the “I ACCEPT” button you do hereby agree that after you have made payment, if Notarybd Services and enlisted notary public of Notarybd Services is unable to deliver you the service or service be delayed due to circumstances beyond our reasonable control, including without limitation fire, strikes, insurrection, riots, embargos, regulations of any civil authority, act of God, flood or technical or technological error or unwanted interruption or server down or any network breach or breakdown or unavoidable circumstances, in that event, you cannot directly or indirectly claim charge back or refund or compensation. In such circumstances, Notarybd Services and enlisted Notary Public of Notarybd Services will deliver you the service as soon as the circumstances becomes normal and/or our platform is ready to use. In normal circumstances, except for above mentioned beyond control reasons, if Notarybd Services and enlisted notary public of Notarybd Services is unable to deliver you the complete service for any other reason whatsoever, then full invoice amount will be refunded to you unconditionally within 15-30 working days from the date failure to deliver you service. You cannot directly or indirectly claim any interest and / or compensation due to undelivered of service. Further, in the case of an affidavit service after you have made payment and approve final draft of an affidavit, then you will book an appointment schedule online within next 72 hours and during first appointment date of two-way live audio-video virtual conference and signing session of the execution of an affidavit, if the session is canceled / terminated or delay from either side due to circumstances beyond reasonable control, including but not limited to fire, strikes, insurrection, riots, embargos, restriction by court order or government authority, act of God, flood or technical or technological error or unwanted interruption or server down or any network breach or breakdown or unavoidable circumstances, then you will make re-appointment schedule online within next one month. In such event, you cannot directly or indirectly claim charge back or refund or compensation. If you do or do so, it will be considered a breach of your consent and terms of this refund policy and legally rejected in all Courts. In the case of an affidavit service, in normal circumstances other than the reason(s) as stated herein above, if you fail to appear on first appointment schedule date or if you cancel your first appointment schedule due to any reason whatsoever, in that case, you will be given one opportunity to take second and final schedule online within one month from the date your first appointment schedule. If you fail to take re-schedule i.e. second schedule date within specific time frame or after taking your second appointment schedule date, if you fail to appear in  second appointment date or if you cancel your second appointment for any reason whatsoever, then the service charge you pay will be non-refundable and forfeited. In that event, you cannot not claim charge back or refund or compensation. If you do or do so, it will be considered a breach of your consent and terms of this refund policy and legally rejected in all Courts. In that case, you have to place new order online and pay service charge again and book new appointment schedule online.  If enlisted Notary Public of Notarybd Services fails to appear on first or second appointment schedule date due to any reason whatsoever, in that case, you will be given re-schedule by the Notary Public. In that event, you cannot not claim charge back or refund or compensation. If you do or do so, it will be considered a breach of your consent and terms of this refund policy and legally rejected in all Courts. In normal circumstances, except for above mentioned beyond control reasons, if Notarybd.com platform and enlisted notary public of Notarybd Services is unable to deliver you the complete service for any reason whatsoever, then full invoice amount will be refunded to you unconditionally within 15 to 30 working days from the date of failure to deliver you the service. You cannot directly or indirectly claim any interest and / or compensation due to undelivered of service. If you do or do so, it will be considered a breach of your consent and terms of this refund policy and legally rejected in all Courts. This legal consent and terms of this refund policy are to be construed as part of “Terms of Service and Use” signed by you. By clicking the “I ACCEPT” button you agree that your electronic signature to this legal consent and terms of this refund policy is just as valid and legally binding on you as your pen and ink signature and you agree to be legally bound by this electronic signature. 

 

43. User Disputes. Notwithstanding anything in these Terms, if you have a dispute with one or more Registered Users, Notarized Record Recipients, you release Notarybd Services and our enlisted Notary Public, associates, agents, employees, affiliates and third party service provider associated with Notarybd Services from claims, demands and damages actual and consequential of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. 

44. Disclaimer and Limitation of Liability. Limited Express Warranty and Exclusive Remedy, and Disclaimer of All Other Warranties.

44.1 THIS SECTION APPLIES TO A REGISTERED USER. The Platform and all of Notarybd Service’s or our Service Provider’s or enlisted Notary Public of Notarybd Services performance obligations are provided “AS IS” and “AS AVAILABLE” basis without warranty of any kind either expressed or implied. Notarybd Services does not warrant: (i) that the Platform or its performance will meet your requirements; (ii) that the Platform’s operation or the delivery of Services will be uninterrupted or error-free; (iii) that a third party will accept a Notarized Document or e-signed Document for your intended purpose; or (iv) that a court or other authority that declines to follow applicable Notary Law and/or Applicable Electronic / Digital Signatures Law will recognize a Notarization or E-Signed Document as valid or enforceable; or (v) If a notarial act performed by enlisted Notary Public of Notarybd Services is not accepted by your intended recipient due to the notarization, or (vi) is later found invalid by a court of competent jurisdiction based upon the notarization; (vii) if any other Service provided by Notarybd Services is deemed defective, invalid or ineffective in any way; Notarybd Services will not refund any fees, you have directly and personally paid to Notarybd Services for the notarial act or other Service in question. To the fullest extent permitted by law, and except solely as otherwise explicitly stated herein, Notarybd Services disclaims for itself, its Enlisted Notary Publics, its Service Providers and its licensors all other representations and warranties, whether express or implied, oral or written, with respect to the Notarybd Services (Collectively Notarybd.com) Web Platform and other performance obligations under these Terms of Use and Service, including without limitation, all implied warranties of title, non-infringement, quiet enjoyment, accuracy, integration, merchantability or fitness for any particular purpose, and all warranties arising from any course of dealing, course of performance or usage of trade.

 

44.2 Without limiting the foregoing, Notarybd Services is not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Platform or Service. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the Service.

 

44.3 THE PAYMENT BY NOTARYBD SERVICES OF A FULL REFUND SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY ARISING OUT OF OR RELATING TO NON-DELIVERY SERVICE IN QUESTION, AND FOR ANY CLAIMED DAMAGES RESULTING FROM SUCH NON-DELIVERY OR DEFECT BASED UPON THE NOTARIZATION OR NOTARIAL ACT OR SERVICE.  IT IS YOUR RESPONSIBILITY TO VERIFY THAT YOUR DOCUMENT IS ELIGIBLE FOR ELECTRONIC AND DIGITAL SIGNATURE AND NOTARIZATION, THAT YOUR INTENDED RECIPIENT WILL RECOGNIZE AS VALID AND ACCEPT A DOCUMENT NOTARIZED UNDER APPLICABLE BANGLADESH LAWS, AND THAT THE NOTARIZED DOCUMENT WILL BE LEGALLY VALID AND BINDING FOR YOUR INTENDED PURPOSES. YOU MUST CONSULT AND RELY ON YOUR OWN LEGAL COUNSEL FOR DETERMINATIONS AS TO SUCH ELIGIBILITY, VALIDITY, AND ACCEPTANCE.

 

 

44.4 YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NOTARYBY SERVICES AND ITS SUCCESSORS AND ASSIGNS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS AND SERVICE PROVIDERS, ADVERTISERS AND SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE SITE OR THE SERVICE, OR FROM THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.

 

45. No Consequential or Indirect Damages. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO CLAIMS ASSERTING BREACH OF CONTRACT, TORT, NEGLIGENCE, PRODUCT OR SERVICE DEFECT, STATUTORY CLAIMS, OR ANY OTHER CLAIM WHATSOEVER, WILL NOTARYBD SERVICES OR ENLISTED NOTARY PUBLIC OF NOTARYBD SERVICES PROVIDING SERVICES ON THE PLATFORM BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING DAMAGES FOR LOST PROFITS OR LOST OR IMPAIRED DATA THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE WEB PLATFORM, SERVICES OR NOTARYBD SERVICES WEB CONTENTS.

 

46. Indemnity. You agree to defend, indemnify and hold Notarybd Services, platform Notarybd.com, enlisted Notary Public(s), successors, associates, affiliates, agents, representatives, service providers and employees of Notarybd Services harmless from any and all claims, liabilities, damages, losses, costs and expenses (including reasonable lawyer fees, arising in any way out of or in connection with (a) your use of the Services or (b) your breach or violation this Agreement. Notarybd Services  reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you and all negotiations for its settlement or compromise, and you agree to fully cooperate with us upon our request.

47. Copyright,  Trademark and Patent Rights. You have no rights except set forth in the Terms of Use to any Intellectual Property rights and ownership directly or indirectly related to the Service or Platform are held by us.  “Intellectual Property” means: (i) patents, patent applications and patent rights; (ii) rights associated with works of authorship, including copyrights, copyright applications, copyright registrations, (iii) trade or service mark, trade or service mark  applications and trade or service mark rights (iv) any right relating to the existence or protection of trade secrets and confidential information; (iv) design, implementation, schema structure and know-how related to system architecture and conceptual engineering; (v) any right analogous to those set forth above and any other proprietary rights relating to intangible property and (vi) divisions, continuations, renewals, reissues and extensions of the foregoing now existing, hereafter filed, issued, created or acquired.

 

Notarybd Services, the Notarybd Services Logo, and the Site are all property of Notarybd Services.  Other trademarks, product names and firm’s names or logos used on this site are the property of their respective owners.  All images, graphics, text and other content used in connection with the Platform are protected by trademark, copyright and other proprietary laws and treaty provisions. You may not download (except where invited), reproduce, modify, publish, distribute, transmit, transfer, sell or modify any portion of this Platform without our express and formal written authorization.

48. Assignment. These Terms shall not be assignable by you, either in whole or in part. Notarybd Services reserves the right to assign its rights and obligations under these Terms.

49. Mandatory Arbitration of Disputes and No Class Actions.

49.1. Arbitration of Disputes. Any controversy or claim arising out of or in any way relating to this agreement, the platform, your transactions with notarybd.com or with the enlisted notary public of notarybd services facilitated by the platform, or the services, will be resolved by binding arbitration conducted and administered by Bangladesh international arbitration center (BIAC) under the BIAC rules rather than in Court subject to the nature and grave of dispute. The arbitration shall be administered pursuant to Arbitration Acts, Rules and Procedures prevailing in Bangladesh. Either party may initiate the arbitration. The arbitration will be conducted in the capital city Dhaka, Bangladesh and judgment on the arbitration award may be entered into any court having jurisdiction thereof.

 

49.2. No Class Actions. There shall be no authority for any claims to be arbitrated on a class or representative basis.  ANY AND ALL CLAIMS SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND MAY NOT BE CONSOLIDATED WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY AND CANNOT BE BROUGHT AS A CLASS ACTION. The arbitrator is authorized to decide only the Party’s individual claims; and the arbitrator shall not consolidate or join the claims of other persons or parties who may be similarly situated (the "Individual-Claims-Only Requirement"). If the Individual-Claims-Only Requirement is determined to be invalid or unenforceable, then this Section 49 (Mandatory Arbitration) will be null and void.  But the remainder of this Agreement will still apply. Moreover, if this entire Section 49 (Mandatory Arbitration) is null and void, both parties submit to the exclusive jurisdiction of Bangladesh. The parties hereby waive objections to such venue, and objections based on “forum non convenience” or similar doctrines.

50. General?. If any provision of these Terms of Use is determined to be invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect and enforceable and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Notarybd Services failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. This agreement and the terms and conditions contained herein set forth the entire understanding and agreement between Notarybd Services and you with respect to the subject matter hereof and supersede any prior or contemporaneous understanding, whether written or oral. 

51. Relationship to Declaration, Terms of Invoice, Privacy Policy. These Terms must be read in conjunction with our Privacy Policy.  The provisions of our Privacy Policy are incorporated herein. To the extent these Terms conflict with the terms of our Privacy Policy, the terms of our Privacy Policy shall control. All declarations, consents, notices, terms of invoices, refund policy are to be construed as part of this “Terms of Service signed by you. By clicking the “I ACCEPT” button you agree that your electronic signature to this legal consent and terms of this Terms of Service is just as valid and legally binding on you as your pen and ink signature and you agree to be legally bound by this electronic signature. 

58. Effective Date. The effective date of these Terms is 01 September, 2021.

52. Copyright and Legal Notice. Copyright © Notarybd Services and web platform Notarybd.com; All Rights Reserved.

53.?Term, Termination and Survival.? These Terms of Use will be effective when you accept these Terms of Use and continue in full force and effect throughout the time during which Notarybd Services and platform Notarybd.com is performing or carrying out the Services or is otherwise required to maintain records, take actions, give notices or otherwise to comply with applicable law. Upon termination or expiration of these Terms of Use, Notarybd Services shall cease providing Services to you and all your permission, licenses (if any) shall end. The following provisions shall survive the termination of these Terms and shall apply indefinitely for whatever reason or cause: Section of Your Consent and Grant of Rights and Licenses to Us; Indemnity; Limitation on Remedies; and Term and Termination (survival portion only). 

54. Definitions for Terms of Use 

54.1. ?Definitions: ?Capitalized terms used in these Terms of Use have the meanings set out below. Other capitalized terms are defined in the context in which they are used in these Terms of Use: 

54.2. “?API?” means the application programming interface(s) designed by Notarybd Services or its Service Providers to permit certain parties (i) to submit Documents and requests for Services and (ii) to receive responses from the Platform in an automated manner. 

54.3. “?Applicable Electronic / Digital Signature Law, Digital Security Law, Pornography Law?” means (a) Information and Communication Technology Act, 2006 (b) Digital Security Act, 2018 (c) The Pornography Act , 2012. 

54.4. “?Applicable Notary Law?” means the notarial and other applicable laws of Bangladesh which has authorized its notary publics to perform notarizations, and in which Notarybd Services facilitates access to Notarizations performed by notary publics duly appointed and certified by Ministry of Law, Justice and Parliament Affairs in the jurisdiction of Bangladesh. 

54.5. “?Authentication Services?” means, with respect to a Notarization requiring identity verification and the signing of any non-notarized Documents included as part of the same Transaction and unified session as a Notarization, such identify-verification methods and procedures as may be required or permitted by Applicable Notary Law, including: identity verification, using third-party identity database services combined with video and audio conference technology (or other permitted technology) that allows the Notary Public to communicate with and identify the Signatory at the time of the Notarization, or such other methods that are consistent with applicable Notary Law whether or not specified as a requirement. With respect to Transactions involving Documents which are e-signed outside the context of a unified session involving Authentication Services for Notarizations, Authentication Services include such identity-verification methods as may be specified by law, if applicable, or identity confirmation by a Signatory in response to a link sent to the Signatory inviting him or her to sign Documents, or as otherwise specified in any additional agreements between Notarybd and the parties requesting and using such e-signature services. 

54.6. “?Document?” means a document in electronic form that the Registered User presents on the Platform to be signed, Notarized or otherwise used in connection with a Transaction or other Services. 

54.7. “?Effective Date?” means the date that you register on the Platform or otherwise accept these Terms of Use. 

54.8. “?Identity Verification through API” means verify identity of unregistered  user through the API of relevant Authority of Bangladesh Government and third-Party Service Provider which has been integrated on the platform of Notarybd Services by which authorized agent of Notarybd Services verify identity of unregistered user. 

54.9. “Unregister User” means if you apply for registration using our platform to become a registered user.

54.10. “?Intellectual Property?” or “?Intellectual Property Rights?” means (i) Patent Rights; (ii) rights under trademark law; (iii) rights under copyright law; (iv) rights in trade secrets and other Confidential Information; and (v) other similar rights to exclude another from the use or enjoyment of an asset or process. 

54.11. “?Notarization?” means an authorized notarial act performed by a Notary Public according to Notaries Ordinance and Notaries Rules prevailing in Bangladesh.

54.12. “?Notary? Public” means an enlisted Notary Public of Notarybd Services who is appointed and certified by Ministry of Law, Justice and Parliament Affairs of Bangladesh Government to perform Notarizations and to which Notarybd Services facilitates Notary Public access to perform Notarizations through the Platform of Notarybd Services. 

54.13. “?Patent Rights?” means rights under and to patents, patent applications, divisions, continuations, continuations-in-part, reissues, renewals, extensions, supplementary protection certificates, utility models, and the like of such patents and patent applications, and foreign counterparts and equivalents thereof. 

54.14. “?Personal Information?” means information that meets the following two criteria: the information (i) is protected under applicable law governing the disclosure, transfer or use of information concerning natural persons, including without limitation the Digital Security Act, 2018 and its implementing rules, regulations; and (ii) identifies the natural person at issue, including (as determined by applicable law) through such person’s name combined with other information such as the person’s mobile number, e-mail address, present, permanent and mailing address, national identification number (NID) or account number etc. 

54.15. “?Platform?” means (i) the API; (ii) the notarybd.com website; (iii) the Services; and (iv) the System, as they each currently exist and as each may be modified by Notarybd Services after the Effective Date. 

54.16. “?Service Business Day?” means, Saturday to Friday from 9:00 AM to 9:00 PM local time. 

54.17. “?Service Provider?” means a service provider to Notarybd Services, or an entity whose products or services Notarybd Services resells. 

54.18. “?Services?” means all services offered or facilitated by Notarybd Services and provided to a Registered User. Services may include one or more of the following, along with such other associated Services as are appropriate to deliver the Services set forth in the chosen Plan: (a) Authentication Services, (b) Notarizations, (c) E-signing of Documents, (d) Identity Verification Services, (e) the Verification Portal, (f) Support Services, (g) E-books, (h) E-drafting, and (g) such other Services, administrative functionality and product features as Notarybd Services may offer to users on the Platform, from time to time. 

54.19. “?Registered User Systems?” means the IT infrastructure the Registered User  is responsible for obtaining, at its own expense to: (i) deliver Transaction Requests and Transaction Documents to Notarize; (ii) to receive Notarized Documents, E-Signed Documents, or Identity Verification Documents and related information (where applicable) from Notarybd Servics, and (iii) engage in other associated interactions with Notarybd Services and the Platform. 

54.20. “Signatory” Means Registered User and/or Enlisted Notary Public of Notarybd Services. 

54.21. “?Support Services?” means the technical and client support that Notarybd Services provides for the Service according to its standard practices and as more fully specified on the Platform, from time to time.  

54.22. “?System?” means the software, business rules, methods, data, know-how, and technology developed or acquired by Notarybd Services to enable the Services it provides (i) to Visitors, Registered Users, and other users; (ii) to its enlisted Notary Publics; and/or (iii) to users or recipient of the Verification Portal. 

54.23. “?Transaction?” means a specific instance of Services requested by a Registered User and provided by Notarybd Services and its enlisted Notary Publics on the Platform. A Transaction will typically involve a Document or set of Documents. 

54.24. “?Transaction Request?” means (i) a Registered User’s request to Notarybd Services for Services together with (ii) the Documents and any other items of User Data appropriate to the Transaction, and (iii) requisite information designating and identifying the Signatory or Signatories and any Witnesses/Participants associated with the Transaction or Documents. A Transaction Request includes a Transaction in which permits the Registered User to directly submit applicable Documents and other requisite information to Notarize. 

54.25. “?User Data?” includes all data and information regarding a Registered User which may be provided by a Registered User or gathered by Notarybd Services as part of the Transaction. It includes each Unregistered and Registered User’s, Signatory’s, Participant’s or Other User’s provision of content, including, but not limited to, Personal Information, Confidential Information, payment information, identity information, credentials, biometric information and documentation, notarial or other Transaction information, Documents, and information obtained and data recorded (including the recording made of the audio-video session between you and enlisted Notary Public of Notarybd Services or Identity Verification Designation Agent, if applicable) during a Transaction. User Data may additionally include the metadata associated with a Transaction including a complete history of the Transaction with actions that Registered Users take with regard to a Transaction (e.g. upload a Document, access platform, review, sign, move annotations) as well as, information about those Registered Users or their devices, such as name, mobile number, NID, email address, IP address, and authentication methods. 

54.26. “?Verification Portal?” means the Service that provides access to verify notarized documents, executed affidavit and related session information and records, as Notarybd Services may make available on the notarybd.com web platform and scanning QR code of notarized document. 

54.27. “?Verification Portal User?” means a person or entity that meets the following criteria: (a) is Registered User which initiated the subject Transaction or a Signatory of the Documents in the subject Transaction; or (b) has been designated by the Registered User or its Signatory as having requisite permissions to access the Verification Portal to view Notarized Document(s), Executed Affidavit and other records of the subject Transaction as displayed on the Verification Portal; or (c) has the requisite access credentials or permissions or is otherwise authorized or permitted by law to view Notarized Document(s), Executed Affidavit and other records of the subject Transaction as displayed on the Verification Portal.