Terms

Your access to ROCA website, its features are subject to the following terms and conditions and all applicable laws. By accessing and browsing this site, you are deemed to have read and accepted and agreed to be bound by this disclaimer.

These terms and conditions (“Terms and Conditions”) is an electronic record in the form of an electronic contract formed under Contract Act, 1872 (Bangladesh) and Information and Communication Technology Act, 2006 (ICT Act). These Terms and Conditions do not require any physical, electronic or digital signature. If you use the Application and avail Services (defined hereinafter) in any way, you accept, agree to comply with and be bound by this Agreement (defined hereinafter) which forms a binding Agreement between you and Rangpur Old Cadets’ Association (ROCA) (defined hereinafter). If you do not wish to be bound by this Agreement, please do not access and use this Application or use our Services in any way.

This Agreement may be modified from time to time at the sole discretion of ROCA. It is your responsibility to review the Agreement from time to time. If you continue to use the Application or use our Service, after notice of change has been intimated or published on our application, you thereby provide your consent to the changed practices and terms.

SERVICES DESCRIPTION

The service(s) shall mean the services which are provided by ROCA website and its features.

USER ELIGIBILITY

User means any individual that legally operates and uses and has the right to use the Services provided by Rangpur Old Cadets’ Association (ROCA). Our Services are available only to those individuals or entities who can execute legally binding contracts under the applicable law. Therefore, in case of individuals, a User must not be a minor i.e. user(s) must be at least 18 (eighteen) years of age and a valid member of ROCA to be eligible to use our Services (“User”).

RISKS AND RESPONSIBILITY

You are solely responsible for the activity that occurs on your account as registered with the application and you must bear the burden to keep your account secure. You must notify us immediately of any breach of security or unauthorized use of your account.

TERMINATION FOR BREACH

ROCA reserves the right to deny access to particular Users to any/ all of its Services without any prior notice/explanation in order to protect the interests of the ROCA and/or other Users. ROCA reserves the right to limit, deny or create different access to ROCA website, mobile application and its features with respect to different Users. We reserve the right to terminate your account or your access to the Application immediately, with or without notice to you, and without liability:

  • if you have violated any of the terms of the Agreement;
  • if you have furnished us with false or misleading information;
  • pursuant to requests by law enforcement or other government agencies;
  • in case of unexpected technical or security issues or problems;
  • in case of discontinuance or material modification to the Services (or any part thereof); and/or
  • in case of interference with the use of our application by others.

In the event of termination by you or us, your account will be disabled and you will not be granted access to your account or any information or content contained in your account. In the event the account has been terminated by us, you will not attempt to create another account for accessing and using the Application without the written consent of ROCA. Notwithstanding the termination of the Agreement, you shall continue to be bound by the terms of the Agreement in respect of your prior use of this Application and all matters connected with, relating to or arising from such use.

PROHIBITED USES

You are prohibited from violating or attempting to violate any security features of our application, including, without limitation:

  • accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access;
  • attempting to probe, scan or test the vulnerability of our application or any associated services, system or network, or to breach security or authentication measures without proper authorization;
  • using any automated process or service (such as, by way of example only, any spider, robot, or automated searching or “scraping” tool) to monitor, access or copy any content from any Application;
  • interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Application, overloading, initiating or facilitating any “denial of service” attack, “flooding,” “spamming,” “mail bombing,” or “crashing”;
  • using our application or servers to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services;
  • forging any TCP/ IP packet header or any part of the header information in any e-mail or in any posting using our application; or
  • attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by ROCA in providing the Application or our Services.

Any violation of system or network security may be Referred to EC for disciplinary action which may result in Banning and may also be subject you to civil and/or criminal liability under the Digital Security Act 2018 (DSA), and will result in a loss of your ability to access and use the Application. You must not use ROCA website, mobile application and its features in any way or take any action that causes, or may cause, damage to the application or impairment of the performance, availability or accessibility of the ROCA website, mobile application and its features. Further, you must not use ROCA website, mobile application and its features in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must ensure that all the information you supply to us through our application, or in relation to our application is true, accurate, current, complete and non-misleading.

REPRESENTATIONS AND WARRANTIES

As a precondition to your use of the Services, you represent and warrant that:

  • The information you provide to ROCA is accurate and complete. ROCA entitled, at all times, to verify the information that you have provided and to refuse the Services or use of the Application without providing any reasons whatsoever.
  • Your identity is confirmed as per registered profile and you will only conduct voting related activities personally, using authorized means.
  • You are responsible to check and ensure you download the correct Application for your device. ROCA shall not be liable if you do not have a compatible device or if you download the wrong version of the Application for your device.
  • all votes are digitally maintained and accounted for.
  • the Election Commissioner is the final authority for any matters for this election.
  • You are voting as per the registered details in the members directory.
  • You provided us the consent to store and use Biometric data, including but not limited to voice files and face recognition when you use our voice search function, and your facial features of when you use the Site;
  • You provided us the consent to store and use Geolocation of the user;
  • You specifically authorize us to use, store or otherwise process your data or information (in order to provide the Services to you.
  • You will obey all applicable laws related to the matters set forth herein, and will be solely responsible for any violations of the same.

INDEMNITY

The User shall defend, indemnify and hold, ROCA, its affiliates, its licensors, and each of their officers, directors, other Users, employees, attorneys and agents, harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with the: i. violation or breach of the Agreement or any applicable law or regulation, whether or not referenced herein; ii. violation of any rights of ROCA any third party, including without limitation any copyright, property, or privacy right. iii. use or misuse of the Application or our Services. This indemnity clause will survive this Agreement and your use of the Services.

Every effort is made to keep ROCA website, mobile application and its features to run smoothly. However, ROCA takes no responsibility for, and will not be liable for, the Application being unavailable due to technical issues beyond our control.

The above-mentioned disclaimer, Terms and Conditions and the privacy policy constitute the entire agreement between the User and ROCA with respect to access to and use of the Application and the Services offered by the Company, superseding any prior written or oral agreements in relation to the same subject matter herein.

INTERPRETATION, SEVERABILITY AND WAIVER

Headings are for convenience’s sake only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by ROCA in exercising any right hereunder will waive any further exercise of that right.

ASSIGNMENT AND NO THIRD-PARTY BENEFICIARIES

This Agreement is binding upon and shall inure to the benefit of both parties. You may not assign this Agreement without the Company’s prior written consent. No third party shall have any rights hereunder.

NOTICES

You consent to receive all communications including notices, agreements, disclosures, or other information from ROCA electronically.

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