Welcome to TexBazar! By signing up for a TexBazar Account or by using any TexBazar Services (as defined below) you are agreeing to be bound by the following terms and conditions (the Terms of Service). As used in these Terms of Service we, us, our and TexBazar means the applicable TexBazar Contracting Party and you means the TexBazar User (if registering for or using a TexBazar Service as an individual) or the business employing the TexBazar User (if registering for or using a TexBazar Service as a business) and any of its affiliates.

• TexBazar provides a complete commerce platform that enables merchants to unify their commerce activities. Among other features this platform includes a range of tools for merchants to build and customize online stores sell in multiple places including web, mobile, social media, online marketplaces and other online locations (Online Services) and in person; manage products inventory payments fulfilment shipping business operations marketing and advertising and engage with existing and potential customers. Any such service or services offered by TexBazar are referred to in these Terms of Services as the Service(s). Any new features or tools which are added to the current Services will also be subject to the Terms of Service. You can review the current version of the Terms of Service at any time at https://www.texbazar.xyz.

You must read, agree with and accept all of the terms and conditions contained or expressly referenced inthese Terms of Service including TexBazar’s Privacy Policy before you may sign up for a TexBazar Account or use any TexBazar Service. Please read the Terms of Service including any document referred to in these Terms of Service for the complete picture of your legal requirements. By using TexBazar or any TexBazar services you are agreeing to these terms. Be sure to occasionally check back for updates.

 1. Account Terms: Which means you are responsible for your Account the Materials you upload to the TexBazar Service and the operation of your TexBazar Store. If you violate TexBazar’s terms of service we may cancel your service access. If we need to reach you we will communicate via the Primary Email Address.

1.1. To access and use the Services you must register for a TexBazar account (Account). To complete your Account registration you must provide us with your full legal name, business address, phone number, a valid email address and any other information indicated as required. TexBazar may reject your application for an Account or cancel an existing Account for any reason at our sole discretion.

1.2. You must be the older of: (i) 18 years or (ii) at least the age of majority in the jurisdiction where you reside and from which you use the Services to open an Account.

1.3. You confirm that you are receiving any Services provided by TexBazar for the purposes of carrying on a business activity and not for any personal, household or family purpose.

1.4. You acknowledge that TexBazar will use the email address you provide on opening an Account or as updated by you from time to time as the primary method for communication with you (Primary Email Address). You must monitor the Primary Email Address you provide to TexBazar and your Primary Email Address must be capable of both sending and receiving messages. Your email communications with TexBazar can only be authenticated if they come from your Primary Email Address.

1.5. You are responsible for keeping your password secure. TexBazar cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password. We may request additional security measures at any time and reserve the right to adjust these requirements at our discretion.

1.6. Technical support in respect of the Services is only provided to TexBazar Users. Questions about the Terms of Service should be sent to TexBazar Support.

1.7. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Services or access to the Services without the express written permission by TexBazar.

1.8. You agree not to work around, bypass or circumvent any of the technical limitations of the Services including to process orders outside TexBazar, use any tool to enable features or functionalities that are otherwise disabled in the Services or decompile, disassemble or otherwise reverse engineer the Services.

1.9. You agree not to access the Services or monitor any material or information from the Services using any robot, spider, scraper or other automated means.

1.10. You understand that your Materials 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. Materials means Your Trademarks, copyright content, any products or services you sell through the Services (including description and price) and any photos, images, videos, graphics, written content, audio files, code, information or other data provided or made available by you or your affiliates to TexBazar or its affiliates.

 2. Account Activation: Only one person can be the Store Owner usually the person signing up for the TexBazar Service. The Store Owner is responsible for the Account is bound by these Terms of Service and is responsible for the actions of others accessing the Account. If you sign up on behalf of your employer your employer is the Store Owner responsible for your Account. We automatically create certain accounts for you to accept payments. You are responsible for activating and deactivating these accounts and complying with their terms which may be with various third parties. Any domain you purchase through us will automatically renew unless you opt out.

 2.1.Store Owner

I. The person signing up for the Service by opening an Account will be the contracting party (Store Owner) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding Account we may provide to the Store Owner in connection with the Service. You are responsible for ensuring that the name of the Store Owner (including the legal name of the company that owns the Store, if applicable) is clearly visible on the Store’s website.

 II. If you are signing up for the Services on behalf of your employer, your employer will be the Store Owner. If you are signing up for the Services on behalf of your employer, then you must use your employer-issued email address and you represent and warrant that you have the authority to bind your employer to our Terms of Service.

 III. Your TexBazar Store can only be associated with one Store Owner. A Store Owner may have multiple TexBazar Stores. Store means the online store (whether hosted by TexBazar or on a third-party website) or physical retail location(s) associated with the Account.

 2.2. Staff Accounts: I. Based on your TexBazar pricing plan you can create one or more staff accounts (Staff Accounts) allowing other people to access the Account. Each Staff Account must include a full legal name and a valid email account. With Staff Accounts, the Store Owner can set permissions and let other people work in their Account while determining the level of access by Staff Accounts to specific business information (for example, you can limit Staff Account access to sales information on the Reports page or prevent Staff Accounts from changing general store settings).

 II. The Store Owner is responsible for: (a) ensuring its employees, agents and subcontractors, including via Staff Accounts, comply with these Terms of Service and (b) any breach of these Terms of Service by the Store Owner’s employees, agents or subcontractors. The Store Owner acknowledges and agrees that Store Owner will be responsible for the performance of all of its obligations under the Agreement, regardless of whether it sublicenses or subcontracts any such obligations to any third party, including but not limited to any affiliates or subsidiaries of Store Owner.

III. The Store Owner and the users under Staff Accounts are each referred to as a TexBazar User.

 2.3. Domain Names: Upon purchasing a domain name through TexBazar domain registration will be pre-set to automatically renew each year so long as your TexBazar Account remains active. You acknowledge that it is your sole responsibility to deactivate the auto-renewal function should you choose to do so.

 3. TexBazar Rights: TexBazar has the right to control to whom we make our Services available and we can modify them at any time. We also have the right to refuse or remove Materials from any part of the Services including your Store. We may offer our services to your competitors but we will never share your confidential information with them. In the event of an ownership dispute over a TexBazar Account we can freeze a TexBazar Account or transfer it to the rightful owner as determined by us.

3.1. The Services have a range of features and functionalities. Not all Services or features will be available to all Merchants at all times and we are under no obligation to make any Services or features available in any jurisdiction. Except where prohibited in these Terms of Service or by applicable law we reserve the right to modify the Services or any part thereof for any reason without notice and at any time.

3.2. TexBazar does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from any part of the Services, including if we determine in our sole discretion that the goods or services that you offer through the Services or the Materials uploaded or posted to the Services violate our Terms of Service.

3.3. Verbal or written abuse of any kind (including threats or abuse or retribution) towards any TexBazar employee, member or officer will result in immediate Account termination.

3.4. We reserve the right to provide our Services to your competitors and make no promise ofexclusivity. You further acknowledge and agree that TexBazar employees and contractors may also be TexBazar customers or merchants and that they may compete with you although they may not use your Confidential Information in doing so.

3.5. In the event of a dispute regarding Account ownership we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to a scanned copy of your business license government-issued photo ID, the last four digits of the credit card on file or confirmation of your status as an employee of an entity.

3.6. TexBazar reserves the right to determine in our sole discretion the rightful Account ownership and transfer an Account to the rightful Store Owner. If we are unable to reasonably determine the rightful Store Owner without prejudice to our other rights and remedies, TexBazar reserves the right to temporarily suspend or disable an Account until resolution has been determined between the disputing parties.

 4. Your Responsibilities: You are responsible for your TexBazar Store, the goods or services you sell and your relationship with your customers not us.

 4.1. You acknowledge and agree to provide public-facing contact information, a refund policy and order fulfilment timelines on your TexBazar Store.

 4.2. You acknowledge and agree that any contract of sale made through the Services is directly between you and the customer. You are the seller of record for all items you sell through the Services. You are responsible for the creation and operation of your TexBazar Store your Materials, the goods and services that you may sell through the Services and all aspects of the transactions between you and your customer(s). This includes but is not limited to authorizing the charge to the customer in respect of the customer’s purchase refunds, returns, fulfilling any sales or customer service, fraudulent transactions required legal disclosures regulatory compliance alleged or actual violation of applicable laws or your breach of these Terms of Service. You represent and warrant that your Store, your Materials and the goods and services you sell through the Services will be true, accurate and complete and will not violate any applicable laws, regulations or rights of third parties. For the avoidance of doubt TexBazar will not be the seller or merchant on record and will have no responsibility for your Store or items sold to customers through the Services.

4.3. You are solely responsible for the goods or services that you may sell through the Services (including description price, fees, tax that you calculate, defects, required legal disclosures, regulatory compliance offers, or promotional content), including compliance with any applicable

laws or regulations.

4.4. Neither you use the TexBazar Services for any illegal or unauthorized purpose nor in the use of the Service that violates any laws (including but not limited to copyright laws). You will comply with all applicable laws rules and regulations in your use of the Service and your performance of obligations under the Terms of Service.

4.5. You agree to use TexBazar Checkout for any sales. You agree to use TexBazar Checkout for any sales associated with your online store. TexBazar Checkout means TexBazar’s checkout experience that allows Customers to enter their shipping information and payment details after adding item(s) to their cart and before placing an order, including checkouts that occur through the TexBazar Checkout.

5. Payment of Fees and Taxes: A valid payment method (such as a credit card) must remain on file to pay all service fees including the subscription, transaction and additional fees required for all stores. You will be billed for your Subscription Fees every 30 days. Any Transaction Fees or Additional Fees will be charged to your payment method. If we are unable to process payment of Fees using your payment method, we may make subsequent attempts to process payment of Fees using your payment method. If payment of Fees is unsuccessful within 28 days of our initial attempt to process payment TexBazar may freeze your store. You are responsible for all taxes relating to your Store or use of the Services. You may be required to remit Taxes to TexBazar or to self-remit to your local taxing authority.

5.1. You will pay the Fees applicable to your subscription to Online Service (Subscription Fees) and any other applicable fees; including but not limited to applicable fees relating to the value of sales made through your Store when using all payment providers other than TexBazar Payments (Transaction Fees) and any fees relating to your purchase or use of any products or services such as TexBazar Payments, shipping, apps, or Third Party Services (Additional Fees). Together the Subscription Fees, Transaction Fees and the Additional Fees are referred to as the Fees.

5.2. You must keep a valid payment method on file with us to pay for all incurred and recurring Fees. TexBazar will charge applicable Fees to any valid payment method that you authorize (Authorized Payment Method) and TexBazar will continue to charge the Authorized Payment Method for applicable Fees until the Services are terminated and any and all outstanding Fees have been paid in full. Unless otherwise indicated all Fees and other charges are in BDT and all payments will be in Bangladeshi currency.

5.3. Subscription Fees are paid in advance and will be billed in 30 day intervals (each such date a Billing Date) 30 day intervals (each such date a Billing Date). Transaction Fees and Additional Fees will be charged from time to time at TexBazar’s discretion. You will be charged on each Billing Date for all outstanding Fees that have not previously been charged. Fees will appear on an invoice which will be sent to the Store Owner via the Primary Email Address provided. Users have approximately two weeks to bring up and settle any issues with the billing of Subscription Fees.

5.4. If we are not able to process payment of Fees using an Authorized Payment Method we may make subsequent attempts to process payment using any Authorized Payment Method. If we are unable to successfully process payment of Fees using an Authorized Payment Method within 28 days of ourinitial attempt we may suspend and revoke access to your Account and the Services. Your Account will be reactivated upon your payment of any outstanding Fees plus the Fees applicable to your next billing cycle. You may not be able to access your Account or your storefront during any period of suspension. If the outstanding Fees remain unpaid for 60 days following the date of suspension TexBazar reserves the right to terminate your Account.

5.5. You are responsible for all applicable Taxes that arise from or as a result of your subscription to or purchase of TexBazar’s products and services. To the extent that TexBazar charges these Taxes they are calculated using the tax rates that apply based on the billing address you provide to us. Such amounts are in addition to the Fees for such products and services and will be billed to your Authorized Payment Method. If you are exempt from payment of such Taxes, you must provide us with evidence of your exemption. Tax exemption will only apply from and after the date we receive evidence satisfactory to TexBazar of your exemption. If you are not charged Taxes by TexBazar, you are responsible for determining if Taxes are payable and if so self-remitting Taxes to the appropriate tax and if so self-remitting Taxes to the appropriate tax authorities.

5.6. For the avoidance of doubt, all sums payable by you to TexBazar under these Terms of Service will be paid free and clear of any deductions or withholdings whatsoever. Other than Taxes charged by TexBazar to you and remitted to the appropriate tax authorities on your behalf any deductions or withholdings that are required by law will be borne by you and paid separately to the relevant taxation authority. TexBazar will be entitled to charge the full amount of Fees stipulated under these Terms of Service to your Authorized Payment Method ignoring any such deduction or withholding that may be required.

5.7. You are solely responsible for determining, collecting, withholding, reporting and remitting applicable taxes, duties, fees, surcharges, and additional charges that arise from or as a result of any sale on your TexBazar Store or your use of the Services. The Services are not a marketplace. Any contract of sale made through the Services is directly between you and the customer.

5.8. You must maintain an accurate location in the administrative console of your TexBazar Store. If you change jurisdictions you must promptly update your location in the administrative console.

5.9. TexBazar does not provide refunds.

6. Confidentiality: Both you and TexBazar agree to use the Confidential Information of the other only to perform the obligations in these Terms of Service. Confidential Information must be protected and respected.

6.1.“Confidential Information” will include, but will not be limited to any and all information associated with a party’s business and not publicly known including specific business information, technical processes and formulas, software, customer lists, prospective customer lists, names, addresses and other information regarding customers and prospective customers product designs, sales, costs (including any relevant processing fees), price lists, and other unpublished financial information, business plans and marketing data and any other confidential and proprietary information, whether or not marked as confidential or proprietary. TexBazar’s Confidential Information includes all Information that you receive relating to us, or to the Services that is not known to the general public including information related to our security program and practices.

6.2. Each party agrees to use the other party’s Confidential Information solely as necessary for

performing its obligations under these Terms of Service and in accordance with any other obligations in these Terms of Service. Each party agrees that it will take all reasonable steps, at least substantially equivalent to the steps it takes to protect its own proprietary information, to prevent the duplication, disclosure or use of any such Confidential Information, other than (i) by or to its employees, agents and subcontractors who must have access to such Confidential Information to perform such party’s obligations hereunder, who each will treat such Confidential Information as provided herein, and who are each subject to obligations of confidentiality to such party that are at least as stringent as those contained herein, or (ii) as required by any law, regulation or order of any court of proper jurisdiction over the parties and the subject matter contained in these Terms of Service, provided that, if legally permitted, the receiving party will give the disclosing party prompt written notice and use commercially reasonable efforts to ensure that such disclosure is accorded confidential treatment. Confidential Information will not include any information that the receiving party can prove: (A) was already in the public domain, or was already known by or in the possession of the receiving party, at the time of disclosure of such information, (B) is independently developed by the receiving party without use of or reference to the other party’s Confidential Information, and without breaching any provisions of these Terms of Service, or (C) is thereafter rightly obtained by the receiving party from a source other than the disclosing party without breaching any provision of these Terms of Service.

7. Limitation of Liability and Indemnification: We are not responsible for damages or lawsuits that arise if you break the law, breach this agreement or go against the rights of a third party. The Service is provided on an as is and as available basis. We provide no warranties and our liability is limited in the event of errors or interruptions.

7.1. You expressly understand and agree that, to the extent permitted by applicable laws, TexBazar and its suppliers will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or relating to the use of or inability to use the Service or these Terms of Service (however arising, including negligence).

7.2.You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, TexBazar partners, officers, directors, agents, employees and suppliers harmless from any claim or demand including reasonable lawyer’s fees made by any third party due to or arising out of (a) your breach of these Terms of Service or the documents it incorporates by reference (b) or your violation of any law or the rights of a third party or (c) any aspect of the transaction between you and your Customer, including but not limited to refunds fraudulent transactions, alleged or actual violation of applicable laws or your breach of the Terms of Service.

7.3.You will be responsible for any breach of the Terms of Service by your affiliates, agents or

subcontractors and will be liable as if it were your own breach.

7.4.Your use of the Services is at your sole risk. The Services are provided on an as is and as available basis without any warranty or condition express, implied or statutory.

7.5.TexBazar does not warrant that the Services will be uninterrupted, timely, secure or error-free.

7.6.TexBazar does not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.

7.7.TexBazar is not responsible for any of your tax obligations or liabilities related to the use of TexBazar’s Services.

7.8.TexBazar does not warrant that the quality of any products, services, information or other materials purchased or obtained by you through the Services will meet your expectations or that any errors in the Services will be corrected.

8. Intellectual Property and Your Materials: Anything you upload remains yours (if it was yours) and is your responsibility, but TexBazar can use and publish the things you upload. Anything uploaded to TexBazar remains the property and responsibility of its initial owner. However, TexBazar will receive a license of the materials published through our platform that we may use to operate and promote our Services.

8.1.Your Materials:

 I. We do not claim ownership of the Materials you provide to TexBazar; however, we do require a license to those Materials. You grant TexBazar a non-exclusive, transferable, sub-licensable, royalty-free, worldwide right and license to host use, distribute, expose, modify, run, copy, store, publicly perform, communicate to the public (including by telecommunication), broadcast, reproduce, make available, display and translate and create derivative works of any Materials provided by you in connection with the Services. We may use our rights under this license to operate, provide and promote the Services and to perform our obligations and exercise our rights under the Terms of Service. You represent, warrant and agree that you have all necessary rights in the Materials to grant this license. You irrevocably waive any and all moral rights you may have in the Materials in favour of TexBazar and agree that this waiver may be invoked by anyone who obtains rights in the materials through TexBazar, including anyone to whom TexBazar may transfer or grant (including by way of license or sublicense) any rights in the Materials.

II. If you owned the Materials before providing them to TexBazar then, despite uploading them to your TexBazar Store they remain yours, subject to any rights or licenses granted in the Terms of Service or elsewhere. You can remove your TexBazar Store at any time by deleting your Account. Removing your TexBazar Store does not terminate any rights or licenses granted to the Materials that TexBazar requires to exercise any rights or perform any obligations that arose during the Term.

III. You agree that TexBazar can, at any time, review and delete any or all of the Materials submitted to the Services although TexBazar is not obligated to do so.

 IV. You grant TexBazar a non-exclusive, transferable, sub-licensable, royalty-free, worldwide right and license to use the names, trademarks, service marks and logos associated with your Store (Your Trademarks) to operate, provide and promote the Services and to perform our obligations and exercise our rights under the Terms of Service. This license will survive any termination of the Terms of Service solely to the extent that TexBazar requires the license to exercise any rights or perform any obligations that arose during the Term.

8.2.TexBazar Intellectual Property:

I. You agree that you may not use any trademarks, logos or service marks of TexBazar, whether registered or unregistered, including but not limited to the word mark TEXBAZAR and shopping bag design mark (TexBazar Trademarks) unless you are authorized to do so by TexBazar in writing. You agree not to use or adopt any marks that may be considered confusing with the TexBazar Trademarks. You agree that any variations or misspellings of the TexBazar Trademarks would be considered confusing with the TexBazar Trademarks.

II. You agree not to purchase, register or use search engine or other pay-per-click keywords (such as Google Ads), trademarks, email addresses, social media names, or domain names (including without limitation, top-level domains, sub-domains and page URLs that use or include

TexBazar or TexBazar Trademarks or that use or include any terms that may be confusing with the TexBazar Trademarks.

III. You acknowledge and agree that the Terms of Service do not give you any right to implement TexBazar patents.

 9. Additional Services:

9.1.TexBazar Shipping: If you use TexBazar Shipping, you must comply with the TexBazar Shipping Terms of Service. You can purchase shipping labels from within your TexBazar administrative console for delivery of goods purchased from you from your TexBazar Store.

9.2. TexBazar SMS: When you use our SMS Services, you have to comply with our terms, the acceptable use policies of the SMS providers and the law. The Services allow you to send certain communications to your customers by short message service (SMS) messaging.

9.3. TexBazar Email: By using the Email Services, you agree that TexBazar may use certain tools to ensure the content of the emails sent through the service is safe and compliant with our policies. You may generate or send email from your Account using the TexBazar email services. In addition to the terms applicable to the Services generally (including TexBazar’s Acceptable Use Policy and Privacy Policy), the following terms apply to your access and use of the Email Services:

I. TexBazar employs certain controls to scan the content of emails you deliver using the Email Services prior to delivery (Content Scanning). Such Content Scanning is intended to limit spam, phishing or other malicious content that contravenes these Terms of Service or

TexBazar’s Acceptable Use Policy (collectively Threats). By using the Email Services, you explicitly grant TexBazar, the right to employ such Content Scanning. TexBazar does not warrant that the Email Services will be free from Threats, and each TexBazar merchant is responsible for all content generated by their respective Stores.

II. By generating or sending email through the email services, you agree to comply with the following requirements. TexBazar or its third-party providers may suspend or terminate your access to and use of the email services if you do not comply with the email services requirements.

 III. Your use of the Email Services must comply with all applicable laws. Examples of applicable laws include laws relating to spam or unsolicited commercial email, such as privacy, security, obscenity, defamation, intellectual property, pornography, terrorism, gambling, child protection, and other applicable laws. It is your responsibility to know and understand the laws applicable to your use of the Email Services and the emails you generate or send through the Email Services.

IV. Your use of the Email Services must comply with TexBazar’s Privacy Policy. It is your responsibility to read and understand the Privacy Policy applicable to your use of the Email Services and the emails you generate or send through the Email Services.

V. You will use commercially reasonable efforts not to send sensitive personal data through Email Services. It is your responsibility to read and understand your obligations in relation to Sensitive Data.

VI. If you or a customer knows of or suspects any violations of the Email Services Requirements, please notify TexBazar. TexBazar will determine compliance with the Email Services Requirements in its discretion.

9.4. Third Party Services: We are not responsible for third party services, so use them at your own risk. If you choose to use Third Party Services on the TexBazar platform, you consent to us sharing your data (and potentially the data of your Customers) to those services. If you use Third Party Services you agree that we do not provide a warranty, so get advice beforehand.

10. Feedback and Reviews: We welcome customer feedback but are under no obligation to ensure that ideas and suggestions regarding our Services or the services of third parties remain confidential and we can use the feedback in any way we want. TexBazar welcomes any ideas and/or suggestions regarding improvements or additions to the Services.

Under no circumstances will any disclosure of any idea, suggestion or related material or any review of the Services, Third Party Services or any Third Party Provider (collectively Feedback) to TexBazar be subject to any obligation of confidentiality or expectation of compensation. By submitting Feedback to TexBazar (whether submitted directly to TexBazar or posted on any TexBazar hosted forum or page), you waive any and all rights in the Feedback and that TexBazar is free to implement and use the Feedback if desired, as provided by you or as modified by TexBazar, without obtaining permission or license from you or from any third party. Any reviews of a Third Party Service or Third Party Provider that you submit to TexBazar must be accurate to the best of your knowledge and must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. TexBazar reserves the right (but not the obligation) to remove or edit Feedback of Third Party Services or Third Party Providers, but does not regularly inspect posted Feedback.

11. Notice and Takedown Procedure: TexBazar respects intellectual property rights and you should too. If we receive a Notice, we may disable access or remove the allegedly infringing content from your Store. If you don’t think the claim is valid, you can send a counter notification. If you believe one of our merchants is infringing your intellectual property rights, you can send TexBazar a Notice. We will expeditiously disable access or remove the content and notify the merchant.

TexBazar supports the protection of intellectual property and asks TexBazar merchants to do the same. It’s our policy to respond to all notices of alleged copyright infringement. If someone believes that one of our merchants is infringing their intellectual property rights, they can send a Notice to TexBazar’s designated agent using our form. Upon receiving a Notice, we may remove or disable access to the Materials claimed to be a copyright infringement. Once provided with a notice of takedown, the merchant can reply with a counter notification using our form if they object to the complaint. The original complainant has 14 business days after we receive a counter notification to seek a court order restraining the merchant from engaging in the infringing activity, otherwise we restore the material. Learn more at Reporting Intellectual Property Infringement.

12. Privacy and Data Protection: TexBazar’s use and collection of personal information is governed by our Privacy Policy. TexBazar’s use and collection of customer personal information is further governed by our Data Processing Addendum.

12.1. TexBazar is firmly committed to protecting the privacy of your personal information and the personal information of your customers. By using the Service, you acknowledge and agree that TexBazar’s collection, usage and disclosure of this personal information is governed by our Privacy Policy.

12.2. To the extent that TexBazar processes personal information of your customers as a data processor or service provider, under certain data privacy or protection laws.

13. Termination: To initiate a termination, you must contact TexBazar. TexBazar will respond with specific information regarding the termination process for your account. Once termination is confirmed, domains purchased through TexBazar will no longer be automatically renewed. If you cancel in the middle of your billing cycle, you’ll have one last email invoice. We may terminate your account at any time.

13.1. The term of these Terms of Service will begin on the date of your completed registration for use of a Service and continue until terminated by us or by you, as provided below.

13.2. You may cancel your Account and terminate the Terms of Service at any time by contacting TexBazar and then following the specific instructions indicated to you in TexBazar’s response.

13.3. Without limiting any other remedies, we may suspend or terminate your Account or the Terms of Service for any reason, without notice and at any time (unless otherwise required by law), including if we suspect that you (by conviction, settlement, insurance or escrow investigation or otherwise) have engaged in fraudulent activity in connection with the use of the Services. Termination of the Terms of Service will be without prejudice to any rights or obligations which arose prior to the date of termination.

13.4. Upon termination of the Services by either party for any reason:

I. TexBazar will cease providing you with the Services and you will no longer be able to access your Account.

II. unless otherwise provided in the Terms of Service you will not be entitled to any refunds of any Fees or otherwise,

III. any outstanding balance owed to TexBazar for your use of the Services through the effective date of such termination will immediately become due and payable in full and

IV. your TexBazar Store will be taken offline.

13.5. If you purchased a domain name through TexBazar, upon cancellation your domain will no longer be automatically renewed. Following termination, it will be your sole responsibility to handle all matters related to your domain with the domain provider.

13.6. If there are any outstanding Fees owed by you at the date of termination of the Service, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.

14. Settlement of Disputes: All disputes arising out from the execution of this Agreement shall be resolved by the Parties through negotiations. If the Parties fail to come to an agreement through negotiations, all disputes are considered in a claim procedure, governed by the Arbitration Act, 2001.

14.1. The interested Party shall send the other Party a written claim (a statement of the claim, the relief sought, and any relevant documents supporting the claim) signed by an authorized person. The respondent then has a set period to submit a response to the claim and may raise any counterclaims or defenses at that time.

14.2. After the initial pleadings are complete, the parties will select arbitrators to hear the case. If the parties are unable to agree on the appointment of arbitrators, the Act provides for the appointment of arbitrators by the court or a designated arbitration institution.

14.3. The arbitrators will then conduct the proceedings in accordance with the agreed-upon rules or the default procedures under the Act. During the arbitration hearings, both parties will have the opportunity to present their evidence, call witnesses, and make legal arguments to support their positions.

14.4. The Parties undertake the obligation to voluntarily comply with the Arbitral Award. The decision made following the results of the arbitration is final for the Parties and cannot be cancelled.

15. Modifications: If we make a material change to the Terms of Service that adversely affects your rights under the Terms of Service or your use of our Services in a material way, we will notify you in advance (unless the change relates to legal requirements or to prevent abuse of our Services among other things).

15.1. We reserve the right, in our sole and absolute discretion, to update or change any portion of the Terms of Service at any time. We will provide you with reasonable advance notice of changes to the Terms of Service that materially adversely affect your use of the Services or your rights under the Terms of Service by sending an email to the Primary Email Address, providing notice through the TexBazar administrative console or by similar means. However, TexBazar may make changes that materially adversely affect your use of the Services or your rights under the Terms of Service at any time and with immediate effect (i) for legal, regulatory, fraud and abuse prevention or security reasons or (ii) to restrict products or activities that we deem unsafe, inappropriate or offensive. Unless we indicate otherwise in our notice (if applicable), any changes to the Terms of Service will be effective immediately upon posting of such updated terms at this location. Your continued access to or use of the Services after we provide such notice, if applicable or after we post such updated terms, constitutes your acceptance of the changes and consent to be bound by the Terms of Service as amended. If you do not agree to the amended Terms of Service, you must stop accessing and using the Services.

15.2. TexBazar may change the Fees for the Services from time to time. We will provide you with 30 days advanced notice before any changes in Fees by sending an email to the Primary Email Account, providing notice through the TexBazar administrative console or by similar means. TexBazar will not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services (or any part thereof).

16. General Conditions:

16.1. The Terms of Service, including the documents it incorporates by reference, constitute the entire agreement between you and TexBazar and govern your use of the Services and your Account, superseding any prior agreements between you and TexBazar (including but not limited to any prior versions of the Terms of Service).

16.2. The failure of TexBazar to exercise or enforce any right or provision of the Terms of Service will not constitute a waiver of such right or provision. If any provision of the Terms of Service, including all terms and conditions and other documents it incorporates by reference, is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provision of the Terms of Service will remain in full force and effect.

16.3. Save for TexBazar and its affiliates, you or anyone accessing TexBazar Services pursuant to these Terms of Service, unless otherwise provided in these Terms of Service, no person or entity who is not a party to these Terms of Service will have any right to enforce any term of these Terms of Servic, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, this will not affect the rights of any permitted assignee or transferee of these Terms.

16.4. The Terms of Service will be governed by and interpreted in accordance with the laws of Bangladesh, without regard to principles of conflicts of laws.

16.5. All the terms and provisions of the Terms of Service will be binding upon and inure to the benefit of the parties to the Terms of Service and to their respective heirs, successors, permitted assigns and legal representatives. TexBazar will be permitted to assign these Terms of Service without notice to you or consent from you. You will have no right to assign or otherwise transfer the Terms of Service or any of your rights or obligations hereunder to any third party without TexBazar’s prior written consent, to be given or withheld in TexBazar’s sole discretion.

16.6. If any provision or portion of the provision, in these Terms of Service is for any reason, held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability will not affect any other provision (or the unaffected portion of the provision) of the Terms of Service and the Terms of Service will be construed as if such invalid, illegal or unenforceable provision, or portion of the provision, had never been contained within the Terms of Service.

16.7. On termination, all related rights and obligations under the Terms of Service immediately terminate except that (a) you will remain responsible for performing all of your obligations in connection with transactions entered into before termination and for any liabilities that accrued before or as a result of termination and Account Terms, Payment of Fees, Confidentiality, Limitation of Liability and Indemnification, Intellectual Property and Your Materials, Third Party Services, Feedback and Reviews, Privacy and Data Protection, Termination, Modifications and General Conditions will survive the termination or expiration of these Terms of Service.