1.1 These Terms of Sale apply to every “Order now”/ “eVoucher” you purchase from The
1.2 The Local means The Local Bangladesh, a company incorporated under the laws of
1.3 Voucher means an instrument, in either physical or electronic form, which entitles the
holder of such Voucher (the "Voucher Holder") to receive the Merchant Offering from the
Merchant during the period of time stated on the Voucher (the "Redemption Period").
1.4 The Merchant Offering shall mean the goods and/or services to be supplied and/or
provided by the Merchant to the Voucher Holder, as specified online and on the Voucher.
1.5 The Merchant is a third party unrelated to "The Local" that sells, supplies and/or provides
the Merchant Offering. "The Local" does not sell, supply and/or provide the Merchant
Offering. It only sells and supplies the Voucher.
1.6 The Local reserves the right to unilaterally amend these Terms of Sale at any time. All
amendments to these Terms of Sale will be posted online. You will be bound only to the
version of the Terms of Sale you agreed to at the time you purchase a Voucher.
2. Purchase of a eVoucher
2.1 You must be at least 18 years old to purchase a Voucher. Before you can make a
purchase you need to register and create an account with The Local.
2.2 By clicking on the "Order Now" or “eVoucher” button you submit an offer to The Local to
buy the Voucher. However, the purchase of the Voucher is not complete until you receive an
notification from the local confirming acceptance of your offer. The local expressly reserves
the right to reject your offer. In addition, even if The Local has accepted your offer, it can
cancel the contract at any time if it reasonably suspects that you have committed or that you
may be committing any fraud against The local, an affiliated third party of The Local or the
2.3 The Merchant may have its own terms and conditions applicable to the sale, supply
and/or provision of the Merchant Offering
3. Redemption of a eVoucher
3.1 Unless expressly stated otherwise:
(a) the eVoucher can only be redeemed once;
(b) the eVoucher can only be redeemed with the Merchant and not with The Local and
(c) you must follow the redemption instructions associated with the eVoucher when you
redeem the Voucher with the Merchant
3.2 All eVouchers sold by The Local are single-purpose eVouchers which can only be
redeemed with the Merchant.
3.3 In order to redeem a eVoucher you must present it to the Merchant within the
Redemption Period. If you do not redeem the Voucher within the Redemption Period, the
Voucher expires automatically. It cannot be redeemed anymore.
3.4 In the event that a Merchant Offering on "The Local" Site is a "Direct Checkout" deal,
The Local will collect your shipping details at the time of purchase. The local will then pass
these details to the Merchant on your behalf. The Merchant will then process the redemption
of your Voucher and dispatch the Merchant Offering to you (where delivery is available).
3.5 Unless expressly stated otherwise, the Voucher does not entitle the Voucher Holder to
receive the Merchant Offering at a specific time. You are strongly recommended to contact
the Merchant at an early stage. Doing so will give you the best chance of securing your
preferred time for the supply and/or provision of the Merchant Offering. The Local cannot
influence the supply and/or provision of the Merchant Offering.
3.6 If you do redeem the Voucher for goods and/or services other than the Merchant
Offering, you will not be entitled to a credit, cash refund or new Voucher for the difference
between the value of the Merchant Offering and the actual value of the goods and/or
services supplied and/or provided by the Merchant to you.
3.7 eVouchers are redeemable in their entirety only. They may not be redeemed partially or
incrementally. If, for whatever reason, you redeem the Voucher with a Merchant for less than
the original (un-discounted) value of the Merchant Offering, you are not entitled to a credit,
cash refund or new eVoucher for the difference between the original (un-discounted) value
and the redeemed value.
3.8 On behalf of the Merchant, The Local may collect booking fees or other costs associated
with the purchase and/or redemption of a eVoucher. All such fees or costs (if any) will be
communicated to you before you purchase the Voucher.
3.9 In the event that a Merchant cannot supply and/or provide the Merchant Offering as
described for unforeseen reasons, The Local will notify you as soon as possible by email or
text. The Local will offer you either a new eVoucher with comparable benefits (if available) or
by issuing The Local credit.
4. Use of a eVoucher
4.1 Any purchase of a eVoucher is for your non-commercial, personal use only (although
you may give the eVoucher to someone else for their non-commercial, personal use).
4.2 Your eVoucher is solely your responsibility. Neither The Local nor the Merchant are
responsible for lost or stolen Vouchers or for retrieving Voucher reference numbers or
Voucher security codes.
4.3 You promise not to provide false data including false names, addresses and/or contact
or payment details; or engage in any unlawful activity in connection with the purchase or use
of a Voucher, or allow anyone else to do so.
4.4 Any attempt to redeem a eVoucher contrary to these Terms of Sale may render a
Voucher void at the local’s discretion.
4.5 The reproduction of a eVoucher is prohibited.
4.6 The commercial trade of a eVoucher is prohibited
5. Cancellation (and exceptions), Refunds and Problems
5.1 All refunds will be done either through ‘The Local’ Application Credits within the app or
through an exchange of another eVoucher of equivalent value of the customer’s choosing.
No other form of refund will be offered to customers.
6. Responsibility for the Merchant Offering
6.1 Please note that the Merchant, and not The Local is:
(a) the seller, supplier and/or provider of the Merchant Offering;
(b) the party who enters into a contract with the Voucher Holder when the Voucher is
(c) solely responsible for providing the Voucher Holder with the Merchant Offering and for
the Merchant Offering itself
6.2 Under no circumstances is The Local acting as the agent of the Merchant.
7. The Local's Standards of Services and Liability
7.1 The Local promises that:
(a) it will exercise reasonable care and skill in performing its obligations under these Terms
(b) the eVouchers are of satisfactory quality and fit for their purpose;
(c) it shall not contravene the requirements of fairness or professional diligence in what it
7.2 the Local is not liable for:
(a) death and personal injury caused by the merchant
(b) fraud or fraudulent misrepresentation made by them; or
(c) any implied contractual terms that cannot be excluded or limited under applicable law.
7.3 The Local does not promise the completeness, fitness for purpose or legality of the
Merchant Offering. The Local is not liable for the quality, safety, usability or any other aspect
of the Merchant Offering.
7.4 The Local is not liable for any breach of an obligation under these Terms of Sale where
it is hindered or prevented from carrying out its obligations by any cause outside of its
7.5 In certain countries applicable law does not allow some or all of the exclusions and/or
limitations set out in this section 7. If these laws apply to you, some or all of the above
exclusions and/or limitations may not apply to you and you may have additional rights.
8. The Local’s Site
The Local's Site (the "Site") means the Internet website, mobile applications, electronic
communications or services, or any location at which you can purchase a Voucher from
The Local. The Site on which The Local markets the Vouchers is owned by The Local . You
incorporated into these Terms of Sale.
9.1 If you breach these Terms of Sale and The Local takes no action against you this does
not mean that The Local has waived its rights and remedies with regard to your breach. The
Local may still take action or exercise its rights and remedies for that action, or any other
situation. where you breach your obligations under these Terms of Sale.
9.2 Unless otherwise stated within these Terms of Sale, notices to be given to either party
shall be in writing and shall be delivered by electronic mail (other than if you are sending a
notice to The Local for the purpose of legal process) or by pre-paid post. Any notice The
Local sends to you will be to the address you supplied to The Local when you registered for
your The Local account You can send any notice to The Local at the registered office
address as set out in section 1.2.
9.3 If any provision of these Terms of Sale should be held to be invalid or unenforceable, the
validity and enforceability of the remaining provisions of these Terms of Sale are not
affected.Such invalid or unenforceable provision shall be replaced by a valid and
enforceable provision which most closely achieves the economic effect contemplated by the
invalid or unenforceable provision. The Local Terms of Sale.
9.4 These Terms of Sales are governed and interpreted by the laws of Bangladesh, without
regard to its conflict or choice of law principles.
The Local SUPPLIED GOODS – TERMS OF SALE
1. CONTRACT AND INFORMATION ON THE ORDERING PROCESS
1.1 The parties to this contract: These Terms of Sale ("Terms of Sale") are an agreement
between you, the customer (referred to herein as "you" or "your") and The Local Bangladesh
Pty Ltd (referred to herein as " The Local ", "we", "us" or "our"). We are a company
registered in Bangladesh with our registered office at Dhaka Bangladesh.
1.2. The Website: The Local Bangladesh is the operator and owner of the website. When
you interact with the The local Bangladesh website in any way, such as creating an account
These are contracts between The Local and you.
1.3. These Terms of Sale apply: By placing an order with The Local you agree to be bound
by these Terms of Sale.
1.4. Your offer: Your click of the “Buy Now” button is an offer to buy the products sold by
The Local (the “Goods”). Your offer is not accepted, and our contract with you is not
complete, until we email you confirming your order. Please note that we reserve the right to
reject your offer and not conclude a contract with you, in particular, in case of limited
availability of the Goods.
1.5.A copy of these Terms of Sale: We keep a copy of the contract between us (these Terms
of Sale) – and we advise you to print out these Terms of Sale as a record.
Your legal rights:As a consumer, nothing in these Terms of Sale affects your legal rights
relate to faulty or misdescribed goods.
1.6. Updates to these Terms of Sale: We reserve the right to amend these Terms of Sale at
anytime (which we will post online). Any amendments to these Terms of Sale made after you
have submitted your order will not apply to you in respect of that order.
2.PRICING AND PURCHASE
2.1. Pricing and whom you pay: The Local will take and process your payment for your
order. All prices on the website for Goods are inclusive of legally applicable GST. Prices are
set out to you prior to your purchase and at order confirmation. Our prices may change at
any time, but changes will not affect your order, other than in circumstances described in
Clauses 2.4 and 2.5 below.
2.2. Delivery charges: The prices for the Goods may or may not include delivery charges.
Any such charges will be stated in the “Fine Print” section of the deal. If delivery charges are
not included, such costs will be displayed separately and added to the total amount due
before you complete your order.
2.3. Placing your order: After you place an order by clicking the “Buy Now” button and
agreeing to these Terms of Sale, you will receive an email confirming receipt of your order
and the details of your order. You will receive another email confirming dispatch of the
2.4. Errors and omissions: Occasionally there may be an error or omission related to the
pricing or description of the Goods we sell. We will use reasonable endeavors to correct any
errors or omissions as soon as practicable after being notified or learning of them. We
reserve the right to change, modify, substitute, suspend, or remove without notice any
information related to Good for sale (including the Goods themselves).
2.5. Post-purchase errors and omissions; Where we have made an error or omission and
you have already purchased the Goods:
(a) If the actual price of the Goods is less than the stated price at the time you purchased the
Goods, we will charge you the lower price; or
(b) If the price of the Goods is higher than the stated price, we will contact you and allow you
the option to pay the correct (higher) price or cancel your order and receive a full refund.
3. CHANGES TO ORDER
3.1 Changing your order: Once you have placed your order, we are unable to make any
changes to your order, including the quantity of Goods ordered or the delivery address.
4. DELIVERY OF GOODS
4.1.Shipping: The Local Goods shipping options and fees will be set forth in the Fine Print
and will vary by offer. Your purchase is not eligible for shipment outside Bangladesh.
4.2.Delivery estimates: Delivery estimates are provided in the fine print of the offer. We take
reasonable steps to meet the date given for delivery. Please note that unless otherwise
stated, delivery estimates are only estimates; they are not guaranteed delivery times and
should not be relied upon as such.
5.OUR CANCELLATION RIGHTS
5.1. We may cancel: We may have to cancel an order before the Goods are delivered due to
an event outside our reasonable control, including due to equipment breakdown or
transportation difficulties. We will promptly contact you if this happens.
6.YOUR RIGHT OF CANCELLATION
6.1 Your cancellation rights: Unless otherwise stated in the fine print, all purchases are final.
We do not refund for change of mind.
7. RETURNS AND REFUNDS
Our goods come with guarantees that cannot be excluded
under the Consumer Law. You are entitled to a replacement or credit for a major failure and
for compensation for any other reasonably foreseeable loss or damage.
8. GOODS INFORMATION
8.1.We aren’t the manufacturer: We are not the manufacturer of the Goods sold on the
website. While we work to ensure that the Goods match the description on the website, are
of satisfactory quality and are fit for use, the Goods sold on the website may vary slightly
from such product information. We encourage you to read all information presented on
labels, warnings and directions which accompany the Goods before use.
8.2.Accuracy of descriptions: We have taken reasonable steps to display as accurately as
possible the colours and other detailing of the Goods. However, the actual colours and
detailing you see on the website will depend on the equipment you use to view the Goods.
We cannot guarantee that the display of any colour or other detailing on your television,
mobile device, computer monitor or other device will exactly reflect the colour or detailing of
the Goods upon delivery.
8.3.Healthcare Goods and safety: For healthcare Goods, in the event of any safety concerns
or for any other information about a product, we recommend you carefully read the
information provided with the product or contact the manufacturer. Content on the website is
not intended to substitute for advice given by a medical practitioner, pharmacist or other
licensed healthcare professional. Customers should contact their healthcare provider
immediately if they suspect that they have a medical problem. Information and statements
about Goods are not intended to be used to diagnose, treat, cure or prevent any disease or
health condition. We accept no liability for inaccuracies or misstatements about Goods by
manufacturers or other third parties.
9.1. The standards we operate under: The Local always tries its best at what it does and
(a) we will exercise reasonable care and skill in performing any obligation under these ,l
Terms of Sale;
(b) we have the right to sell Goods;
(c) we only sell the Goods for domestic and private use;
(d) Goods are of satisfactory quality and fit for their purpose, and
(e) we will not contravene the requirements of professional diligence in what we do.
(f) This Clause 9 takes precedence over all other Clauses (except for Clause 1.6) and sets
forth our entire Liability.
(g) What we are responsible for: Nothing in these Terms of Sale shall exclude or limit our
Liability for any Liability for (i) fraud; (ii) serious misconduct by The Local, excluding
serious misconduct not conducted by The Local itself; or (v) any Liability which cannot
be excluded or limited by applicable law. You are obliged to take adequate measures to
avert and reduce damages.
9.4. Categories of loss that we are not responsible for: Notwithstanding Clause 9.3, since we
only sell Goods for domestic and private use, we are shall not be liable for:
(a) loss of revenue;
(b) loss of actual or anticipated profits;
(c) loss of business; and
(d) indirect or consequential loss (and for the avoidance of doubt, we understand the words
“consequential loss” to mean “consequential losses whether those losses are foreseeable,
known, foreseen or otherwise”).
9.5. “Liability” means liability in or for any cause of action whatsoever (including breach of
contract, tort, misrepresentation, restitution or any other cause of action whatsoever) relating
to or arising under or in connection with these Terms of Sale (including liability expressly
provided for under these Terms of Sale or arising by reason of the invalidity or
unenforceability of any term of these Terms of Sale).
10.1. Interpretation: In these Terms of Sale:
(a) words denoting persons include natural persons, partnerships, limited liability
partnerships, bodies corporate and unincorporated associations of persons;
(b) Clause headings such as ("10. GENERAL" at the start of this Clause) and Clause titles
(such as "Interpretation:" at the start of this Clause 10.1.2) are purely for ease of reference
and do not form part of or affect the interpretation of these Terms of Sale; and
(c) References to "include" and "including" shall be deemed to mean respectively "include(s)
without limitation" and "including without limitation".
10.2. No partnership/agency: Nothing in these Terms of Sale shall be construed to create a
joint venture, partnership or agency relationship between you and us and neither party shall
have the right or authority to incur any liability debt or cost or enter into any contracts or
other arrangements in the name of or on behalf of the other.
10.3. Assignment: You may not assign or delegate or otherwise transfer all or any of your
rights or obligations under these Terms of Sale without our prior written approval. We will not
refuse this approval without good reason. We shall have the right to assign or otherwise
delegate all or any of our rights or obligations under these Terms of Sale to any person.
10.4. Events beyond our reasonable control: We shall not be liable for any breach of our
obligations under this Agreement where we are hindered or prevented from carrying out our
obligations by any cause outside our reasonable control Where there has been an event
outside our reasonable control which has affected our ability to perform our obligations under
these Terms of Sale, our obligations will be extended for the duration of the event and we
will notify you of this as soon as reasonably possible. Once the event is completed we will
arrange with you a new delivery date for your Goods, if possible.
10.5. Our reliance: We intend to rely upon only the written terms set out in these Terms of
Sale in respect of the Sale of Goods to you and not any representations made elsewhere.
10.6. No waiver: No waiver by us of any breach of yours under these Terms of Sale shall
operate or be construed as a waiver by us of any future breaches, whether of a like or
different character. No delay by us in taking action in the event of your breach shall in any
way release, discharge or otherwise affect your liability under these Terms of Sale.
10.7. Notices: Unless otherwise stated within these Terms of Sale, notices to be given to
either party shall be in writing and shall be delivered by hand, electronic mail (other than, if
you are sending a notice to us for the purpose of legal process) or by pre-paid post, to you at
the address you supplied to us or to us at our registered office.
10.8. No Third party rights: All provisions of these Terms of Sale apply equally to and are for
the benefit of The Local, its subsidiaries, any holding companies of The Local , its (or their)
affiliates and its (or their) third party content providers and licensors and each shall have the
right to assert and enforce such provisions directly or on its own behalf (save that these
Terms of Sale may be varied or rescinded without the consent of those parties). Subject to
the previous sentence, no term of these Terms of Sale is otherwise enforceable by any
person who is not a party to it.
10.9. Survival: In any event, the provisions of Clauses 1, 2, 6, 6, 8, 9, 10 and 11 of these
Terms of Sale, together with those provisions that either are expressed to survive its expiry
or termination or from their nature or context it is contemplated that they are to survive such
termination, shall survive termination of the Agreement.
10.10. Severability: If any provision of these Terms of Sale is held to be unlawful, invalid or
unenforceable, that provision shall be removed from the Terms of Sale without affecting the
rest of the Terms of Sale. Where capable, the validity and enforceability of the remaining
provisions of these Terms of Sale shall not be affected.
10.11. Governing law and dispute resolution: We will do our best to resolve any disputes
about these Terms of Sale. If you wish to bring a legal claim against us, these Terms of Sale
(and all non-contractual relationships between you and us) shall be governed by and
construed in accordance with Bangladesh law and both parties hereby submit to the
exclusive jurisdiction of the competent courts of Bangladesh.
11. UPDATES These Terms of Sale were last updated on Xx October 2015.
and the Services we offer.
1.1. What this document is and who we are: You are reading a legal document which is the
agreement between you, the Customer (whom we refer to as "you", "your" or the "Customer"
which are called the "Agreement". We are The Local Bangladesh Pty Ltd and we are the
operator of this Site, and provider of a range of services related to the Site. We are a
company registered in Bangladesh with our registered office in Dhaka Bangladesh. We refer
to ourselves as "The Local Bangladesh", "we", "us" or "our" in this document, and we refer to
us and any other companies of the The Local group of companies, including our affiliates,
parents and subsidiaries, as the "The Local Group".
1.2. What we do: We provide a platform (including this Site, mobile applications, etc.) where
we, our local affiliates and other sellers (collectively, "Sellers") can list offers for Vouchers,
deals, goods, travel, services and other products (collectively, "Items"). As a platform
provider, we help facilitate transactions for Items on our platform. We provide a venue for
Sellers and you to negotiate and complete transactions. We may also be a Seller. This
means that in addition to this Agreement, you may have other contractual relationships with
different legal entities when you interact with the Site.
1.3. What are all of the legal relationships? Whatever Item you purchase via the Site will be
subject to the terms and conditions of that Seller. This means that your contract of sale may
be with another The Local Group company or entity. The Seller is responsible for the sale
and for dealing with any claims or any other issue arising out of or in connection with the
contract between you and the Seller. Please also note that in respect of purchases of a
Voucher, in addition to the contract of sale you will have with the Seller of the Voucher, there
will also be a contract between you and the business that actually provides the Items when
you redeem your Voucher with that business (the "Merchant"). In respect of any Vouchers,
neither we nor any Seller assumes responsibility for any contracts regarding the redemption
of your Voucher with a Merchant.
1.4. What we also do: We may provide a forum to submit or post User Content, as well as
send newsletters and other communications to you. In order to send emails to you, we need
to know a little bit about you. Take a look at our data collection and processing practices in
our Privacy Statement for details.
1.5. Scope of Use: The Site and our Services are for your non-commercial, personal use
only and not for business purposes, except as separately permitted in writing. You may
access the Site only through our app, standard web and mobile browsers and similar
consumer applications, but not with any robot, spider, offline reader, site search/retrieval
application or other manual or automatic device, tool, or process to retrieve, index, or data
mine our Site, via scraping, spidering or otherwise. As an exception, revocable at any time
by us, operators of public search engines may use spiders to copy materials from the Site for
the sole purpose of and solely to the extent necessary for creating publicly available
searchable indices of the materials, but not caches or archives of such materials.
1.6. Prevention on use: We reserve the right to prevent you from using the Site and the
Services (or any part of them).
1.7. Definitions: In this Agreement, we use various defined terms. You will know they are
defined because they begin with a capital letter. These are all defined within or at the end of
this Agreement in section 13.
2. REGISTERING WITH US AND YOUR ACCOUNT
2.1. Why Register? Depending on the particular functionality of our Site at any time, you may
or may not need to Register to use much of its functionality or to access much of our
Services. However, you must Register in order to make a purchase. This is so that we can
provide you with easy access to print your Voucher, view your past purchases, store any
The Local credit for you and modify your preferences. We reserve the right to decline a new
Registration or to cancel an Account at any time. You Register with us so you don't have to
re-enter your information every time you buy something.
2.2. How to Register: To Register you need to supply us with your mobile number, name,
postcode, email address, and possibly some other personal information.
2.3. Passwords: During Registration, you will also need to supply us with your password.
You must keep the password confidential and immediately notify us if any unauthorised third
party becomes aware of that password or if there is any unauthorised use of your email
address or any breach of security known to you. You agree that we are not responsible or
liable in the event that a person to whom your password is disclosed uses (and/or transacts
via) our Services and Site. Please note that you are entirely responsible if you do not
maintain the confidentiality of your password.
2.4. Valid email addresses: All Accounts must be Registered with a valid personal email
address that you access regularly. Any Accounts which have been Registered with someone
else's email address or with temporary email addresses may be closed without notice. We
may require users to re-validate their Accounts if we believe they have been using an invalid
2.5. Emails: The Local Bangladesh may send you administrative and promotional emails.
We may also send you information regarding your Account activity and purchases, as well
as updates about our Site and Services or other promotional offers. We may also send you
information regarding purchases you've made. (You can opt-out of our promotional e-mails
at any time by clicking the unsubscribe link at the bottom of any of such e-mail
3. User Content
3.1. User Content: The Site may provide Account holders and visitors to the Site various
opportunities to submit or post reviews, opinions, advice, ratings, discussions, comments,
messages, survey responses, and other communications, as well as files, images,
photographs, video, sound recordings, musical works and other content (collectively, "User
Content"). User Content may be submitted or posted through forums, bulletin boards,
discussion groups, chat rooms, surveys, blogs or other communication facilities that may be
offered on, through, or in connection with the Site or Services from time to time. You may be
required to have an Account to submit User Content.
3.2. Creator of the User Content: In contributing any User Content, you represent and
warrant that you are the creator of the User Content, or if you are acting on behalf of the
creator, that you have express, advance authority from the creator to submit or post the User
Content, and that you have all rights necessary to grant the licenses and grants set out in
this Agreement in respect of that User Content. You further represent and warrant (or, if you
are acting on behalf of the creator of the User Content, you have been assured that the
creator represents and warrants) that the sharing of the User Content for the purposes you
have selected will not violate or infringe any copyrights, trademarks or any other intellectual
property rights or rights of third parties, including the rights of publicity or privacy.
3.3. Restrictions: You will not upload, post or otherwise make available on the Site any
material protected by copyright, trademark or other proprietary right without the express
permission of the owner of the copyright, trademark or other proprietary right. The Local
does not have any express burden or responsibility to provide you with indications, markings
or anything else that may aid you in determining whether the material in question is
copyrighted or trademarked. You will be solely liable for any damage resulting from any
infringement of copyrights, trademarks, proprietary rights or any other harm resulting from
such a submission. Other restrictions and forbidden activities you should be aware of are
listed in section 5, below.
3.4. Use of User Content: The Local Bangladesh has the sole and absolute right, but not the
obligation, to review, edit, post, refuse to post, remove and monitor the User Content. The
Local Bangladesh further has the sole and absolute right, but not the obligation, to disclose
the User Content and the circumstances surrounding their transmission to any third-party, at
any time, for any reason, including to determine compliance with this Agreement and any
operating rules established by The Local Bangladesh, as well as to satisfy any applicable
law, regulation or authorised government request. Without limiting the foregoing, The Local
Bangladesh has the right to remove any material from the Site in its sole and absolute
discretion. The Local Bangladesh assumes no liability for any User Content or other
information that appears or is removed from the Site or elsewhere. The Local Bangladesh
has no obligation to use your User Content and may not use it at all.
3.5. Modifying or removing User Content: In some circumstances and from time to time, it
may be possible to modify or remove the User Content you submit or post through your
Account. The Local Bangladesh makes no representations or warranties that the User
Content you modify or remove will be modified or removed from the Site or elsewhere, or
that the User Content will cease to appear on the Internet, in search engines, social media
websites, or in any other form, media or technology.
3.6. Public Nature of User Content: You understand and agree that User Content is public.
Any person (whether or not a user of The Local Bangladesh's Services) may read your User
Content without your knowledge. Please do not include any additional personal information
or any other information in your User Content unless you wish for it to be publicly disclosed.
The Local Bangladesh is not responsible for the use or disclosure of any personal
information or any other information that you disclose in connection with User Content.
3.7. Disclaimer: Any User Content of any kind made by you or any third-party is made by the
respective author(s) or distributor(s) and not by The Local Bangladesh. Other users may
post User Content that is inaccurate, misleading or deceptive. The Local Bangladesh does
not endorse and is not responsible for any User Content, and will not be liable to you or any
other person for any loss or damage caused by your reliance on such User Content. User
Content reflects the opinions of the person submitting it and may not reflect the opinion of
The Local Bangladesh. The Local Bangladesh does not control or endorse any User
Content, and specifically disclaims any liability concerning or relating to your contribution of,
use of, or reliance on any User Content and any actions resulting from your participation in
any part of the Site or Services, including any objectionable User Content.
3.8. Grant: Some User Content you submit to The Local Bangladesh may be displayed or
may give you the option to display it in connection with your personal information, or a
portion of your personal information, including but not limited to your name, initials,
username, social networking website user account name, image, likeness, preferences,
voice and location. You grant The Local Bangladesh and the The Local Group a royalty-free,
perpetual, irrevocable, sublicensable, fully paid-up, non-exclusive, transferrable, worldwide
right to use, display, distribute, offer for sale and sell the personal information in connection
with your User Content, whether the User Content appears alone or as part of other works,
and in any form, media or technology, whether now known or later developed, and to
sublicense such rights through multiple tiers of sublicensees, all without compensation to
you. However, The Local Bangladesh shall have no obligation to use your personal
information in connection with any User Content.
3.9. License: As between you and The Local Bangladesh, you shall retain all of your
ownership rights in and to the User Content you submit or post. However, by contributing
User Content or other information on or through the Site, you grant The Local Bangladesh
and the The Local Group a royalty-free, perpetual, irrevocable, sublicensable, fully paid-up,
non-exclusive, transferable, worldwide right and license to use, reproduce, create derivative
works from, publish, edit,translate, distribute, perform, display, transmit, offer for sale and
sell the User Content alone or as part of other works in any form, media or technology,
whether now known or hereafter developed, and to sublicense such rights through multiple
tiers of sublicensees and without compensation to you. You waive any "moral rights" or other
rights with respect to attribution of authorship or integrity of materials regarding the User
Content that you may have under any applicable law under any legal theory. The Local
Bangladesh and the The Local Group's license in any User Content or personal information
submitted includes use for promotions, advertising, marketing, market research, merchant
feedback, quality control or any other lawful purpose.
3.10. Copyright Policy and Procedure: The Local reserves the right to terminate the right to
use the Site by anybody who infringes the copyrights of another. If you believe that any
material has been posted via the Site by a user in a way that constitutes copyright
infringement, and you would like to bring this material to The Local's attention, you must
provide The Local Bangladesh's Copyright Agent with the following information: (a) an
electronic or physical signature of the person authorized to act on behalf of the owner of the
copyrighted work; (b) an identification of the copyrighted work and the location on the Site of
the allegedly infringing work; (c) a written statement that you have a good faith belief that the
disputed use is not authorized by the owner, its agent, or the law; (d) your name and contact
information, including telephone number and email address; and (e) a statement by you that
the above information in your notice is accurate and, under penalty of perjury, that you are
the copyright owner or authorized to act on the copyright owner's behalf. The contact
information for The Local Bangladesh's Copyright Agent for notice of claims of copyright
infringement is:support@The Local.com
3.11. Unsolicited Ideas: We do not accept or consider, directly or through any The Local
Bangladesh or The Local Group employee or agent, unsolicited ideas of any kind, including
ideas or suggestions relating to new or improved products, enhancements, names or
technologies, advertising and marketing campaigns, plans or other promotions. Do not send
us (or any of our employees) any unsolicited ideas, suggestions, material, images or other
work in any form ("Unsolicited Materials"). If you send us Unsolicited Materials, you
understand and agree that the following terms will apply, notwithstanding any cover letter or
other medium that:
i. The Local Bangladesh has no obligation to review any unsolicited materials, nor to keep
any unsolicited materials confidential; and
ii. The Local Bangladesh will own, and may use and redistribute unsolicited materials for any
purpose, without restriction and free of any obligation to acknowledge or compensate you.
4. STANDARDS AND THE LOCAL BANGLADESH'S LIMITATION OF ITS LIABILITY
4.1. The standards we operate under: The Local Bangladesh always tries its best at what it
does and promises that:
(a) we will exercise reasonable care and skill in performing any obligation under this
Agreement; and we will not contravene the requirements of professional diligence in what we
(b) Section 4 is important!: This section 4 takes precedence over all other sections in this
Agreement and sets forth our entire Liability in respect of the performance,
non-performance,purported performance or delay in performance of this Agreement or the
Services or Site or any purchase (or any part of them); or otherwise in relation to this
Agreement or the entering into or performance of this Agreement.
4.3. What we are not responsible for: (i) fraud; (ii) death or personal injury caused by our
negligence; (iii) serious misconduct by us, excluding serious misconduct not conducted by
The Local Bangladesh itself; or (iv) any Liability which cannot be excluded or limited by
applicable law. You are obliged to take reasonable steps to avert or reduce damages.
4.4. Categories of loss that we are not responsible for: Notwithstanding Clause 4.3, since we
only provide the Site and Services for your non-business use, we are never liable for:
(a) loss of income or revenue;
(b) loss of actual or anticipated profits;
(c) loss of business; or
(d). indirect or consequential loss (and for the avoidance of doubt, we understand the words
"consequential loss" to mean "consequential losses whether those losses are foreseeable,
known, foreseen or otherwise").
5. YOUR OBLIGATIONS
5.1. Accurate information: You warrant that all information provided on Registration and
contained as part of your Account during the course of this Agreement is true, complete and
accurate and that you will promptly inform us of any changes to such information by updating
the details in your Account.
5.2. Content on the Site: It is your responsibility to ensure that any Items or information (or
Products) available through the Site meet your specific requirements.
5.3. Things you cannot do: Without limitation, you undertake not to use or permit anyone
else to use the Services or Site:
(a) to upload, send or receive any material, including User Content, which is not civil or
(b) to upload, send or receive any material, including User Content, which is unlawful,
harmful, tortious, threatening, abusive, harassing, hateful, racist, homophobic,
infringing,pornographic, violent, misleading, grossly offensive, of an indecent, obscene or
menacing character, blasphemous or defamatory or of a libellous nature of any person or
entity, in contempt of court or in breach of confidence, or which infringes the rights of another
person or entity, including copyrights, trademarks, trade secrets, patents, rights of
personality, publicity or privacy or any other third party rights;
(c) to upload, send or receive any material, including User Content, for which you have not
obtained all necessary licenses and/or approvals (from us or third parties); or which
constitutes or encourages conduct that would be considered a criminal offence, give rise to
civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in
any country in the world;
(d) to upload, send or receive any material which is technically harmful (including computer
viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data, malicious
software, harmful data, or anything else which may interrupt, interfere with, corrupt or
otherwise cause loss, damage, destruction or limitation to the functionality of any software or
(e) to cause annoyance, inconvenience or needless anxiety;
(f) to intercept or attempt to intercept any communications transmitted by way of a
(g) for a purpose other than which we have designed them or intended them to be used;
(h) for any fraudulent purpose; or
(i) in any way which is calculated to incite hatred against any ethnic, religious or any other
minority or is otherwise calculated to adversely affect any individual, group or entity.
(j) Forbidden uses: The following uses of the Site and Services are expressly prohibited and
you undertake not to do (or to permit anyone else to do) any of the following:
(k) resell the Services or Site;
(l) furnish false data including false names, addresses and contact details and fraudulent use
of credit/debit card numbers;
(m) attempt to circumvent our security or network including accessing data not intended for
you, logging into a server or Account you are not expressly authorized to access, or probe
the security of other networks (such as running a port scan);
(n) access the Services (or Site) in such a way as to, or commit any act that would or does,
impose an unreasonable or disproportionately large burden on our infrastructure or that
otherwise interrupts or interferes with its functionality, efficiency or operation;
(o) execute any form of network monitoring which will intercept data not intended for you;
(p) send unsolicited mail messages, including the sending of "junk mail" or other advertising
material to individuals who did not specifically request such material. You are explicitly
prohibited from sending unsolicited bulk mail messages. This includes bulk mailing of
commercial advertising, promotional, or informational announcements, and political or
religious tracts. Such material may only be sent to those who have explicitly requested it. If a
recipient asks to stop receiving email of this nature, you may not send that person any
(q) create or forward "chain letters" or other "pyramid schemes" of any type, whether or not
the recipient wishes to receive such mailings;
(r) send malicious email, including flooding a user or site with very large or numerous emails;
(s) enter into fraudulent interactions or transactions with us, a Seller or a Merchant (which
shall include entering into interactions or transactions purportedly on behalf of a third party
where you have no authority to bind that third party or you are pretending to be a third party);
(t) use the Services or Site (or any relevant functionality of either of them) in breach of this
(u). use in an unauthorized manner, or forge, mail header information;
(v) engage in any unlawful or criminal activity in connection with the use of the Services
and/or the Site or any Voucher; or
(w) copy or use any User Content for any commercial purposes.
5.5. Equipment: The Services and use of the Site does not include the provision of a
computer or other necessary equipment to access the Site or the Services. To use the Site
or Services, you will require Internet connectivity and appropriate telecommunication links.
We shall not be liable for any telephone costs, telecommunications costs or other costs that
you may incur.
6. RULES ABOUT USE OF THE SERVICES AND THE SITE
6.1. Errors and omissions: We are not liable for errors or omissions (e.g., listing a Voucher at
$1.99 instead of $199!) if we have complied with the standards set out in section 4 of this
Agreement. We will use reasonable endeavours to correct any errors or omissions as soon
as practicable after being notified of them. We reserve the right to change, modify,
substitute, suspend or remove without notice any Voucher, Item, Services or information on
the Site or forming part of the Services from time to time.
6.2. Viruses and similar stuff: We do not give any warranty that the Services or the Site are
free from viruses or anything else which may have a harmful effect on any technology.
6.3. Stopping access: Although we will try to allow uninterrupted access to the Services and
the Site, access to the Services and the Site may be suspended, restricted or terminated at
anytime. Your access to the Site and/or the Services may also be occasionally restricted to
allow for repairs, maintenance or the introduction of new facilities or services. We will
attempt to restore such access as soon as we reasonably can. We also reserve the right to
block access to and/or to edit or remove any material which in our reasonable opinion may
give rise to a breach of any of this Agreement.
6.4. Closing Accounts: We reserve the right to close Accounts if any user is violating our
Protocol addresses) in order to attempt to hide the use of multiple Accounts, or if a user
pretends to be located in a country different from where he actually resides, or if he disrupts
the Site or the Services in any way.
6.5. Multiple Accounts: If you use multiple Accounts, if we do take any action against you,
you may have action taken against all of your Accounts.
7. SUSPENSION AND TERMINATION
7.1. If you use (or anyone other than you, with your permission uses) the Services or Site in
contravention of this Agreement, we may suspend your use of the Services and/or Site (in
whole or in part).
7.2. If we suspend the Services or Site, we may refuse to restore the Services or Site until
we receive an assurance from you, in a form we deem acceptable, that there will be no
further breach of the provisions of this Agreement.
7.3. The Local Bangladesh shall fully co-operate with any law enforcement authorities or
court order requesting or directing The Local Bangladesh to disclose the identity or locate
anyone in breach of this Agreement.
7.4. Without limitation to anything else in this section 7, we shall be entitled immediately or at
any time (in whole or in part) to: i) suspend the Services and/or Site; ii) suspend your use of
the Services and/or Site; iii) suspend the use of the Services and/or Site for persons we
believe to be connected (in whatever manner) to you; and/or iv) terminate this Agreement
(a) you commit any breach of this Agreement;
(b) we suspect, on reasonable grounds, that you have, might or will commit a breach of this
(c) we suspect, on reasonable grounds, that you may have committed or be committing any
fraud against us or any person.
(d) Notwithstanding anything else in this section 7, we may terminate this Agreement at any
(e) Our right to terminate this Agreement shall not prejudice any other right or remedy we
may have in respect of any breach or any rights, obligations or liabilities accrued prior to
8. DATA PROTECTION
8.1. Please see our Privacy Statement which forms part of this Agreement.
9.1. Any advertisements may be delivered on our behalf by a third party advertising
company, which may, on our behalf, place or recognize a unique "cookie" on your browser. If
you would like more information about this practice and to know your choices about not
having this information used by any company, see our Privacy Statement.
10. LINKS TO AND FROM OTHER SITES
10.1. Where the Site contains links to third party sites and to resources provided by third
parties (together "Other Sites"), those Other Sites are merely linked to provide information
only and are solely for your convenience. We have no control over, do not accept, and we
assume no responsibility for Other Sites or for the content or products of Other Sites
(including relating to social networking sites such as Facebook) and we accept no
responsibility for any loss or damage that may arise from your use of them. If you decide to
access any of the third party Sites linked to the Site, you do so entirely at your own risk.
11. INTELLECTUAL PROPERTY RIGHTS
11.1. The Local Bangladesh grants you a limited, personal, nontransferable, nonexclusive,
revocable license to access and use the Site pursuant to this Agreement and to any
additional terms and policies set forth by The Local Bangladesh. All intellectual property
rights (including all copyright, patents, trademarks, service marks, trade names, domain
names, social media identifiers, designs, whether registered or unregistered) in the Site and
Services, (subject to section 11.4 below) materials, information and content on the Site or
accessed as part of the Services, any database operated by us, all the Site design, text,
graphics, software, photos, video, music, sound, data, all software compilations, underlying
source code and software (including applets and scripts), and all their selection,
coordination, arrangement and enhancement shall remain our property (or that of our
licensors). You shall not, and shall not attempt to, obtain any ownership or title to any such
property. All rights are reserved.
11.2. None of the material listed in section 11.1 above, in whole or in part, may be
reproduced, distributed, copied, modified, distributed, published, downloaded, displayed,
posted, performed or transmitted in any form or by any means, sold, rented, resold, licensed
or sub-licensed, used to create derivative works, or in any way exploited without the prior
express written permission of the The Local Group or the copyright owner, except as
otherwise expressly stated under copyright law. You may, however, retrieve and display the
content of the Site on a computer screen, store such content in electronic form (but not on
any server or other storage device connected to a network). You may not otherwise
reproduce, modify, copy, distribute, display, perform or use for commercial purposes any of
the materials, information or content on the Site without our permission. If downloading,
copying, redistribution, retransmission or publication of copyrighted material is permitted by
law, you will make independent attribution and/or make no changes in or deletion of any
author attribution, trademark legend or copyright notice. You acknowledge that you do not
acquire any ownership rights by downloading copyrighted material. Any violation of these
restrictions may result in a copyright, trademark or other intellectual property right
infringement that may subject you to civil and/or criminal penalties. In addition, you may not
make any use that exceeds or violates this Agreement.
11.3. "The Local", the The Local logos and variations thereof found on the Site are
trademarks owned by the The Local Group and all use of these marks inures to the benefit
of the The Local Group. Other marks on the site not owned by the The Local Group may be
under license from the trademark owner thereof, in which case such license is for the
exclusive benefit and use of the The Local Group unless otherwise stated, or may be the
property of their respective owners. You may not use the The Local Group's names, logos,
trademarks or brands without the The Local Group's express permission.
11.4. Title, ownership rights and intellectual property rights in and to the content accessed
using the Site and Services is the property of the applicable content owner or Merchant and
may be protected by applicable copyright, trademark or other law. This Agreement gives you
no rights to such content except for the licenses granted herein.
11.5. Except in respect of User Content, the authors of the literary and artistic works in the
pages in the Site have asserted their moral rights to be identified as the author of those
11.6. Any material you transmit or post or submit to the Site (or otherwise to us) shall be
considered (and we may treat it as) non-confidential and non-proprietary, subject to section
3, our obligations under data protection legislation and subject to any payment details you
provide for the purpose of making a payment. If for some reason, any part of that statement
does not work as a matter of law, then for anything which you supply to us from whatever
source (i.e., via email, the Site or otherwise) you grant us a royalty-free, perpetual,
irrevocable, sublicensable, fully paid-up, transferable, non-exclusive right to use, copy,
modify, adapt, translate, publish, distribute, display and perform world-wide any such
material, and in any form, media or technology, whether now known or hereinafter
developed, and to sublicense such rights through multiple tiers of sublicensees, all without
compensation to you, for the purpose of operating the Site and providing the Services.
12.1. Interpretation: In this Agreement:
12.1.1. words denoting persons includes natural persons, partnerships, limited liability
partnerships, bodies corporate and unincorporated associations of persons;
12.1.2. section headings such as ("12. GENERAL" at the start of this section) and section
titles (such as "Interpretation:" at the start of this section 12.1) are purely for ease of
reference and do not form part of or affect the interpretation of this Agreement; and
12.1.3. references to "include" and "including" shall be deemed to mean respectively
"include(s) without limitation" and "including without limitation".
12.2. No partnership/agency: Nothing in this Agreement shall be construed to create a joint
venture, partnership or agency relationship between you and us and neither party shall have
the right or authority to incur any liability, debt or cost or enter into any contracts or other
arrangements in the name of or on behalf of the other.
12.3. No other terms: Except as expressly stated in this Agreement, all warranties,
conditions and other terms, whether express or implied, by statute, common law or otherwise
are hereby excluded to the fullest extent permitted by law.
12.4. Assignment: You may not assign or delegate or otherwise deal with all or any of your
rights or obligations under this Agreement. We shall have the right to assign or otherwise
delegate all or any of our rights or obligations under this Agreement to any person.
12.5. Events beyond our reasonable control: We shall not be liable for any breach of our
obligations under this Agreement where we are hindered or prevented from carrying out our
obligations by any cause outside our reasonable control.
12.6. No waiver: No waiver by us of any default of yours under this Agreement shall operate
or be construed as a waiver by us of any future defaults, whether of a like or different
character. No granting of time or other forbearance or indulgence by us to you shall in any
way release, discharge or otherwise affect your Liability under this Agreement.
12.7. Notices: Unless otherwise stated within this Agreement, notices to be given to either
party shall be in writing and shall be delivered by hand, electronic mail (other than, if you are
sending a notice to us for the purpose of legal process) sent by fax or by pre-paid post, to
you at the address you supplied to us or to us at our registered office.
12.8. No Third party rights: All provisions of this Agreement apply equally to and are for the
benefit of the The Local Group and third party content providers and licensors and each shall
have the right to assert and enforce such provisions directly or on its own behalf (save that
this Agreement may be varied or rescinded without the consent of those parties). Subject to
the previous sentence, no term of this Agreement is otherwise enforceable by any person
who is not a party to it. This means that other than as set out in the first sentence above, you
and us are the only people who can enforce the terms of this Agreement.
12.9. Survival: In any event, the provisions of sections 1, 3, 4, 7, 11, 12 and 13 of this
Agreement, together with those provisions that either are expressed to survive its expiry or
termination or from their nature or context it is contemplated that they are to survive such
termination, shall survive termination of the Agreement. In the event you use the Services or
Site again, then the provisions of the terms and conditions that then apply will govern your
re-use of the Services or Site. In the event you use Vouchers bought under this Agreement,
then those provisions applicable to Vouchers will survive termination of this Agreement.
12.10. Severability: If any provision of this Agreement is held to be unlawful, invalid or
unenforceable, that provision shall be deemed severed and where capable the validity and
enforceability of the remaining provisions of this agreement shall not be affected.
12.11. Governing law: This Agreement (and all non-contractual relationships between you
and us) shall be governed by and construed in accordance with Bangladesh law.
13. DEFINITIONS In this Agreement, we use various defined terms. You will know they are
defined because they begin with a capital letter. This is what they mean:
"Account" means your The Local Account. "Liability" means liability in or for any cause of
action whatsoever (including breach of contract, tort, misrepresentation, restitution or any
other cause of action whatsoever) relating to or arising under or in connection with this
Agreement (including liability expressly provided for under this Agreement or arising by
reason of the invalidity or unenforceability of any term of this Agreement) - and for the
purposes of this definition, all references to "Agreement" shall be deemed to include any
collateral contract. "Merchant" means a Seller of Products for which a Voucher can be
redeemed. A Merchant is NOT any of the Sellers or The Local Bangladesh. "Site" means
websites, mobile applications, electronic communications or services, social
networking sites, or any individual, business partner-specific, merchant-specific, city-specific,
"Register" means to create an Account on the Site, and "Registration" means the action of
creating an Account. 12 "Services" means all or any of the services provided by The Local
Bangladesh via the Site (or via other electronic - or other - communication from The Local
Bangladesh) including mobile applications, our newsletter, emails we send you and the
information services, content and transaction capabilities on the Site (including the ability to
make a purchase). "Voucher" means a eVoucher which is sold by the Sellers and can be
exchanged for Products from a relevant Merchant, subject to terms and conditions listed on
the Voucher itself and/or on the deal page of the Site from which the Voucher was
purchased. "Products" means goods and/or services which are described as part of a
Voucher (and for which a Voucher can be redeemed)