Terms and Conditions
Mistri Mama is technology Platform that enables the user to book Servicemen in the employment of Mistri Mama or third-party Independent Contractors through it. The employees and third-party Independent Contractors will offer the services which may be scheduled through the use of the platform. Mistri Mama offers the information and method to obtain such third-party services, but has no responsibility or liability for any services provided to you by such third parties.
I. USER(S) ELIGIBILITY
User(s) means any individual or business entity/organization that legally operates in BD or in other countries and uses and has the right to use the Services provided by MISTRI MAMA. The Services provided by Mistri Mama is a technology based service which enables the hiring of Servicemen for a home-based solution of problems in categories such as appliances, electronics etc., through the Internet and / or mobile telecommunications devices. Our Services are available only to those individuals or companies who can form legally binding contracts under the applicable law. Therefore, user(s) must not be a minor as per Bangladesn Law; i.e. user(s) must be at least 18 years of age to be eligible to use our Services.
MISTRI MAMA advises its users that while accessing the web site , they must follow/abide by the related laws. MISTRI MAMA is not responsible for the possible consequences caused by your behavior during use of web site or the Mistri Mama features. MISTRI MAMA may, in its sole discretion, refuse the service to anyone at any time.
II. USER(S) AGREEMENT
This agreement applies to user(s) if user(s) are visitors, registered - free or paid user(s) who access the web site and Mistri Mama features for any purpose. It also applies to any legal entity which may be represented by you under actual or apparent authority. User(s) may use this site / App solely for their own personal or internal purposes.
This agreement applies to all Mistri Mama Services offered on the web site, collectively with any additional terms and condition that may be applicable to the specific service used/accessed by user(s). In the event of a conflict or inconsistency between any provision of the terms and conditions mentioned herein with those of the particular service, the provisions of the terms and conditions applicable to such specific Services shall prevail.
III. AMENDMENT TO USER(S) AGREEMENT
MISTRI MAMA may change, modify, amend, or update this agreement from time to time without any prior notification to user(s) and the amended and restated terms and conditions of use shall be effective immediately on posting. If you do not adhere to the changes, you must stop using the service. Your continuous use of the Services will signify your acceptance of the changed terms. It is therefore important that you review the Terms and Conditions regularly.
IV. INTELLECTUAL PROPERTY RIGHTS
In consideration of your use of our platforms, you represent that you are of legal age (18 years and above) to form a binding contract and are not a person barred from receiving services under any law in force in Banglades or other applicable jurisdiction. You further represent that you have provided true, accurate, current and complete information about yourself while registering on our website to avail the Services.
If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future use of our website and Mistri Mama features at any time. Mistri Mama will not be liable for any act or omission arising from the inaccurate information provided by you. At the time of registration on our website, you will have to enter a valid phone number. By registering your phone number, you consent to be contacted by us via phone call and / or SMS notifications in case of any Package / service updates. If we do so, you will be provided the option to “opt-out” of receiving future communications. In addition, if at any time, you do not wish to receive any future communications or you wish to have your name deleted from our mailing lists, please contact us. If you are registered with the DND National registry, you may not receive any promotional messages from us.
V. SUBSCRIBER ACCOUNT, SECURITY AND OFFERS & PROMOTIONS
Mistri Mama reserves the right to collect user data including name, contact information and other details to facilitate services or use of its platform to avail services. User accounts bearing contact number and email IDs are created and owned by MISTRI MAMA. Any promotional discounts, offers and reward points accumulated can be revoked without prior notice in the event of suspicious account activity of the user.
In the case where the system is unable to establish unique identity of the user against a valid mobile number or e-mail ID, the account shall be indefinitely suspended. MISTRI MAMA reserves the full discretion to suspend a user's account in the above event and does not have the liability to share any account information whatsoever. You are responsible for maintaining the confidentiality of your password and account information and are fully responsible for all activities that occur under your password or account. You agree to:
- Immediately notify Mistri Mama of any unauthorized use of your password or account or any other breach of security
- Ensure that you log out from your account at the end of each session
- Never use any other Subscriber’s account without prior authorization from Mistri Mama
MISTRI MAMA shall not be liable for any loss or damage arising from your failure to comply with the abovementioned security measures.
VI. INTELLECTUAL PROPERTY RIGHTS
Mistri Mama is the sole owner or lawful licensee of all the rights to the web site, Mistri Mama features and all software created to provide you with the Service. Mistri Mama provides you with a single limited license to download, use and access the Mistri Mama website for the limited purpose of using the Services. The license is specifically personal, non-transferable, and non-exclusive. All content on the Mistri Mama website, which is including, but not limited to, designs, layout, text, images, graphics, sound, video, information, logos, software etc. and any other content (“Content”) are the exclusive and sole property of Mistri Mama. The web site and Mistri Mama features content embodies trade secrets and intellectual property rights protected under the Bangladesh laws. All title, ownership and intellectual property rights in the web site and Mistri Mama features and its content shall remain with Mistri Mama, its affiliates or licensor's of Mistri Mama content, as the case may be.
All rights not otherwise claimed under this agreement or by Mistri Mama, are hereby reserved. The information contained in the web site intended, solely to provide general information for the personal use of the user, who accepts full responsibility for its use. Mistri Mama does not represent or endorse the accuracy or reliability of any information, or advertisements (collectively, the "content") contained on, distributed through, or linked, downloaded or accessed from any of the Services contained on the web site, or the quality of any products, information or other materials displayed, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Service. We accept no responsibility for any errors or omissions, or for the results obtained from the use of this information. All information is provided "AS IS" with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. Nothing herein shall to any extent, substitute for the independent investigations and the sound technical and business judgment of the user(s). In no event shall MISTRI MAMA be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the Service. User(s) of this site must hereby acknowledge that any reliance upon any content shall be at their sole risk. Mistri Mama reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the Service or the website.
All related icons and logos are applied for trademarks or service marks of Private Limited in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
All content on this web site and Mistri Mama features is the copyright of Mistri Mama except the third-party content and link to third party web sites on our website. Systematic retrieval of Mistri Mama content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from Mistri Mama is prohibited. In addition, use of the content for any purpose not expressly permitted in this Agreement is prohibited and may invite legal action. As a condition of your access to and use of Mistri Mama Services, you agree that you will not use the web site and Mistri Mama features service to infringe the intellectual property rights of others in any way. Mistri Mama reserves the right to terminate the account of a user(s) upon any infringement of the rights of others in conjunction with use of the Mistri Mama service, or if Mistri Mama believes that user(s) conduct is harmful to the interests of Mistri Mama, its affiliates, or other users, or for any other reason in Mistri Mama sole discretion, with or without cause.
VII. LINKS TO THIRD PARTY SITES AND ADVERTISEMENTS
Links to third party sites are provided by web site a convenience to user(s) and Mistri Mama does not have any control over such sites i.e. content and resources provided by them. Mistri Mama may allow user(s) access to content, products or Services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to such Third Party's web site. You are cautioned to read such sites' terms and conditions and/or privacy policies before using such sites in order to be aware of the terms and conditions of your use of such sites. Mistri Mama believes that to user(s) acknowledge Mistri Mama has no control over such third party's site, does not monitor such sites, and Mistri Mama shall not be responsible or liable to anyone for such third-party site, or any content, products or Services made available on such site(s).
Aspects of the website and other Mistri Mama services may be supported by advertising revenue. As such, Mistri Mama may display advertisements and promotions on the service. The manner, mode and extent of advertising by MISTRI MAMA on the website and Mistri Mama features are subject to change and the appearance of advertisements on the website and Mistri Mama features does not necessarily imply endorsement by Mistri Mama of any advertised products or services. You agree that Mistri Mama shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any such dealings or as the result of the presence of such advertisers on the website.
VIII. THIRD-PARTY SERVICES
User’s interactions with Independent Contractors through the use of the Platform or service of Mistri Mama, including payment and delivery of goods, services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the User and such third-party. The User should make whatever investigation they feel necessary or appropriate before proceeding with any offline or online transaction with any of these third parties.
You agree to defend, indemnify and hold harmless Mistri Mama, its subsidiaries, affiliates, subcontractors, officers, directors, employees, consultants, representatives and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees and costs) arising from:
- Your use of and access to our platforms;
- Your violation of any terms of this Agreement;
- Your violation of any third party right, including without limitation any copyright, property, or privacy right.
X. FORCE MAJEURE
Without limiting the foregoing, under no circumstances shall Mistri Mama be held liable for any damage or loss due to deficiency in performance of the Service resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures etc.
Most content and some of the features on the web site and Mistri Mama features are made available to visitors free of charge. However, Mistri Mama reserves the right to terminate access to certain areas or features of its web site and Mistri Mama features at any time for any reason, with or without notice. Mistri Mama also reserves the universal 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 MISTRI MAMA and/or other visitors to the web site and Mistri Mama features. Mistri Mama reserves the right to limit, deny or create different access to the web site its features with respect to different user(s), or to change any of the features or introduce new features without prior notice.
XII. DISPUTE RESOLUTION
If a dispute arises between you and Mistri Mama, we shall endeavor to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Mistri Mama hereby agree to resolve any claim or controversy at law and equity that arises out of the Terms and Conditions in accordance with this section. Before resorting to filing of a formal lawsuit, we strongly encourage you to first contact us directly to seek a resolution via e-mail. The dispute shall be resolved through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
XIII. GOVERNING LAW
The Terms and Conditions shall be governed in all respects by the laws of Bangladesh and any legal proceeding arising out of this Agreement will occur exclusively in the courts located in Dhaka, Bangladesh.
The information contained in this website is for general information purposes only. The information is provided by MISTRI MAMA and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website and Mistri Mama features or the information, products, services, or related graphics contained on the website and Mistri Mama features for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website. Through this website, you are able to link to other websites which are not under the control of Mistri Mama. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them. Every effort is made to keep the website up and running smoothly. However, Mistri Mama takes no responsibility for, and will not be liable for, the website and Mistri Mama features being temporarily unavailable due to technical issues beyond our control.