selling power products since 2005...
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
Md. Abdul Salam Bachhu, licensee of the SH SERVICE generator, water pump, engine, pressure washer and other power product brands SH SERVICE, operates this website, mobile versions of this website and mobile applications that expressly adopt and display or link to these Terms and that are owned, operated or controlled by Md. Abdul Salam Bachhu as a service to its customers residing in Bangladesh, its territories and possessions.
We provide this website to you, and all users of this website agree that access to and use of this website, subject to the following terms and conditions and other applicable law. All users of this Website agree that access to and use of this Website is subject to the following Terms. If you do not agree to the Terms, please do not use this Website.
This Website is available only to residents of Bangladesh who are over the age of 18 and can form legally binding agreements. The products and services available on this Website is available only in BD. If you do not qualify, do not use this Website. In addition, you should only access this Website from within BD, as access to this Website may be prohibited in countries outside BD. If you access this Website from outside BD., you do so at your own risk and you are responsible for complying with the laws and regulations of your territory of access.
We retain the right at our sole discretion to deny access to anyone to this Website, at any time and for any or no reason, including, but not limited to, for violation of these Terms. You are also advised that we will aggressively enforce our intellectual property rights to the fullest extent of the law, including the seeking of civil remedies and criminal prosecution.
Special Note Regarding Children. This Website is not intended for use by children under the age of 18 and, therefore, children under the age of 18 should not use this Website. We will comply with the Children’s Online Privacy Protection Act and will not knowingly collect information from children under the age of 18. If you have children under the age of 18, you should not allow those children to use this Website and you should always monitor your children’s use of the Internet. You should make your children aware that providing information about themselves over the Internet could be dangerous.
Furthermore, parental control software is available to help you monitor your children’s use of the Internet and to block your children’s access to particular Internet sites.
OWNERSHIP AND PERMITTED USE OF WEBSITE AND CONTENT
We provide this Website and their content for your information, education and shopping pleasure. Please feel free to browse this Website. However, you should keep in mind that all of the information, content, and other material contained on this Website, including text, trademarks, written material, trade dress, catalogs, technical information and advertisements all content are the sole and exclusive property of Md. Abdul Salam Bachhu, its licensors, or other third parties. Such Content is protected under BD copyright and other laws and international treaty provisions and any unauthorized use by you of this Content may subject you to civil and criminal penalties. We retain the ownership of all Content. No license to the use of such marks, names or trade dress is granted to you under these Terms or by your use of this Website. Your misuse of the trademarks, trade names, brand names, or trade dress displayed on this Website is strictly prohibited. You may view, download, and print material displayed on this Website for your personal, non-commercial use only, provided you retain all copyright, trademark and other proprietary notices contained within the materials.
CERTAIN RESTRICTIONS ON USE
You may not:
post, transmit, redistribute, upload, or promote any communications, content or materials that are illegal, obscene, vulgar, profane, indecent, sexually explicit, threatening, harassing, abusive, hateful, racially or ethnically derogatory, defamatory, invasive of privacy or publicity rights, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable;
encourage conduct that would constitute a criminal offense;
otherwise violate any law;
post, transmit, redistribute, upload, or promote any communications, content or materials that use a false email address, impersonate another person or entity, including our company and our employees or agents, or otherwise use misleading information as to the origin of content you submit;
post, transmit, redistribute, upload, or promote any communications, content or materials that contain chain letters, pyramid schemes, mass mailings or any form of spam;
distribute, retransmit, republish, reuse, repost, or use the contents of this Website for public or commercial purposes, without our prior written permission;
alter, modify, frame, or mirror any content contained on this Website;
link to this Website;
use any data mining, robots, or similar data-gathering and extraction tools in connection with this Website;
remove or alter any copyright or other proprietary notices contained on the Content;
input or upload onto this Website any information or computer code that is intended to, or are likely to, damage, interfere with, alter, intercept or expropriate any data or system, or that infringes any of our intellectual property rights or those of any third party. Inappropriate uploads and inputs include, but are not limited to the following: Trojan horses, worms, time bombs, cancelbots and other unauthorized computer programming routines; or
restrict, impair, interfere or inhibit any other user from using or enjoying this Website and/or our related products and services.
We retain all rights not expressly granted in these Terms.
ERRORS ON THE WEBSITE
We shall have no responsibility for errors of any kind on this Website. Errors may include incorrect product and service descriptions, incorrect information regarding the availability of specific products, typographical errors and obsolete information, with the result that product and service descriptions, information regarding product availability, pricing information and the descriptions of promotional offers or other data may not be complete, current or accurate. In addition, errors may result when honoring a request or order placed by you if such request or order is based on incorrect information. We reserve the right to update or change information and correct any errors, inaccuracies, or other errors at any time.
A customer’s sole and exclusive remedy if an item purchased by the customer from this Website does not fulfill the description set forth on this Website is to return the item, in an unused condition, to us for a refund of the purchase price and, in our sole discretion, the shipping costs paid by customer. Customer, however, is responsible for shipping costs to return the unwanted item to us. Because actual colors and the look and feel you see on this Website will depend on your monitor and other technical factors, we cannot guarantee that any video display of any product information or other data will be accurate at any time.
The price of each product and service will only be confirmed by us upon the submission of an order by a customer. Prices provided on this Website is subject to change without notice and do not include shipping and handling or any applicable sales taxes or customs duties. In the event we discover an error of any kind in pricing or product and service information, we reserve the right to, in our sole discretion, (i) cancel any order related to such pricing or product and services information error, (ii) before shipping the product to or performing the service for customer, notify the customer of the error, and await the customer’s instructions as to whether or not the customer wishes to proceed with the order in light of the error, or (iii) if a pricing error is involved, and a pricing error favors the customer, ship the product to customer at the incorrect price to the customer’s benefit. Products and services described on this Website is available only while supplies last, and we reserve the right to discontinue the offering or sale of any product or service at any time, without notice.
FEEDBACK AND SUBMISSIONS TO THE WEBSITE
We welcome your comments regarding the products and services offered on this Website. From time to time you may be given the opportunity to respond to surveys and provide feedback regarding (i) the store located on this Website and (ii) this Website in general. Please understand that any questions, comments, testimonials, feedback, responses to surveys, suggestions, or similar material disclosed, submitted or posted by you on this Website or through the feedback and survey opportunities offered by us or by third parties (User Submissions) will be considered non-confidential, non-proprietary and not personal to you nor anyone else and may be disseminated or used by us, our affiliates, and the third parties collecting the feedback and responses for any purpose including, but not limited to, developing, manufacturing or marketing products. In connection with your User Submissions, you affirm, represent and warrant that: (i) the content of your User Submission(s) is original (no lifts from previously published material, including music); (ii) you own all right, title and interest to your User Submission(s) and have the sole and exclusive right (including all intellectual property and other proprietary rights embodied by the User Submissions or represented by such User Submissions) to license all of the rights therein to us as set forth in the license granted above; (iii) the content of the User Submission(s) is accurate; (iv) use of your User Submission on this Website or otherwise by us, in whole or in part, will not infringe upon the rights of any third party including, without limitation, any intellectual property or privacy rights; (v) you have obtained written permission from any other person named, photographed or otherwise depicted or whose voice is used in your User Submission(s) which will allow us to utilize the User Submission(s) without compensation or objection; (vi) you will indemnify us for all claims resulting from your User Submission(s); and (vii) the User Submission does not contain software viruses, spiders, spybots, commercial solicitation, chain letters, mass mailings, or any form of spam. We have the right, but not the obligation to monitor or remove any User Submission. We take no responsibility and assume no liability for any User Submission posted by you or any third party. In addition, by disclosing, submitting, or posting material to this Website, you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, edit, publish, translate, rework distribute and display that material without compensation or acknowledgement of source. Therefore, you should not send us any creative ideas, original materials, suggestions, marketing plans or other information that you would like to remain confidential or for which you would like acknowledgement or compensation. Additional terms and conditions may apply in connection with certain types of submissions (e.g. testimonials, sweepstakes or contest entries). If applicable, these additional terms and conditions will be set forth where you submit the information or in a link adjacent to where you submit the information. You should review all additional terms and conditions carefully before submitting material to this Website.
DISCLAIMER OF WARRANTY
THIS WEBSITE, LINKED WEBSITE, AND ALL CONTENT Â INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE OR ANY LINKED WEBSITE IS PROVIDED ON AN AS IS AND AS AVAILABLE BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR ANY LINKED WEBSITE OR THE CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE OR ANY LINKED WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE OR ANY LINKED WEBSITE IS AT YOUR SOLE RISK.
WE DO NOT WARRANT THAT THIS WEBSITE OR ANY LINKED WEBSITE CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE OR ANY LINKED WEBSITE, THEIR SERVERS, OR EMAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
PRODUCTS: WITH RESPECT TO PRODUCTS SOLD ON THIS WEBSITE OR ANY LINKED WEBSITE, OUR EXPRESS WARRANTIES ARE LIMITED TO THOSE SPECIFIED WITH EACH PRODUCT. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT WILL WE BE LIABLE TO ANY PARTY FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE OR ANY LINKED WEBSITE OR FROM ANY CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE OR ANY LINKED WEBSITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT, BUSINESS INTERRUPTIONS, LOSS OF DATA OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF WE ARE EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
WE WILL NOT BE LIABLE UNDER ANY THEORY (INCLUDING NEGLIGENCE) FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, LOST PROFITS OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THIS WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CERTAIN DIVISION LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
We reserve the right in its sole discretion, without prior notice and for any reason, including but not limited to unavailability of products, to deny an order or to refuse to fulfill an order in whole or in part. Furthermore, we shall not be liable to you or any third party for such denial or refusal.
We may, in our sole discretion, terminate your use of this Website or terminate your rights under these Terms for any reason, without prior notice. In our sole discretion, and at any time, we may also discontinue providing this Website or any one or part, with or without notice. We shall not be liable to you or any third party for any of the foregoing. Sections 1-13 shall survive the expiration or termination of these Terms.
This Website may from time to time display links to other website or resources sponsored by third parties as a convenience to you (such third party sites are known (Linked Website). We have no control over Linked Website and shall not be responsible for the availability of Linked Website or their content. Access of Linked Website is at your own risk. Third-party website (and any website to which they link) may also contain information that is inaccurate, incomplete, or outdated. We do not endorse or provide warranties of any kind as to the proprietors or content of any Linked Website, including any linked website of any joint venture company or other company related to Md. Abdul Salam Bachhu. We will have no liability arising out of or related to Linked Website and/or their content or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of or reliance on any such content, goods, or services available on or through any such Linked Website.
These Terms will be governed by the laws of Bangladesh, as applied to contracts entered into between residents and performed in BD. Any dispute between you and us concerning this Website or the Content shall be submitted to final and binding arbitration as the sole and exclusive remedy for such controversy or dispute, provided, however that we may commence action against you in a court of law for infringement of our intellectual property rights. Any claim required to be submitted to arbitration shall be made by filing a demand for arbitration within one (1) year following the occurrence first giving rise to the claim. The right and duty of the parties to resolve disputes by arbitration shall be administered exclusively by BJSC pursuant to its Comprehensive Arbitration Rules and Procedures then in effect. The decision and award of the arbitrator shall be final and binding and the award so rendered may be entered in any court having jurisdiction thereof. The arbitration shall be held and the award shall be deemed to be made in the city of Charlotte, North Carolina, United States of America. Each party shall bear all of its own costs of arbitration, except that the fees of the arbitrator shall be divided equally between the parties. The arbitrator shall have no authority to amend or modify the terms of this Agreement or to award punitive or exemplary damages, and the award may be enforced by judgment in a Bangladeshi Court of Law.
If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions. These Terms constitute the entire agreement between you and us relating to use of this Website, superseding any other agreement between you and us with respect to the subject matter of these Terms. Section headings in these Terms are for convenience only and have no legal or contractual effect. If any provision of these Terms shall be found to be unenforceable, the other provisions shall still remain in full force and effect.
We may change our Terms from time to time by posting updated versions of the Terms here. As we may make changes to these Terms at any time without notifying you, we suggest that you review the Terms each time you access or use this Website.
If you have any questions or concerns about these Terms, the practices of this Website, or your experiences with this Website, please contact us at:
Tushardhara R/A, Holding # 141, Road # 02, Sector # 11, Saddam Market, Kodomtali, Dhaka-1362.
Email – email@example.com
Note: If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via this Website, please notify Md. Abdul Salam Bachhu immediately at the email address provided above.
Effective January 1, 2021