Terms & Conditions

This electronic record is generated by a computer system and does not require any physical or digital signatures.

 

These terms of usage (“Terms”) govern your use of the Website and Services provided therein (“Services”). By using or visiting the Website, or by using any content or information provided as part of the Website/ Services, you shall be deemed to have read, understood, and accepted to be bound by these Terms. If you do not agree to these Terms, do not use this Website/ Services. Because these Terms are a legal contract between you and Dear BUBU, it is important that you review the Terms carefully before accessing or using the Website. These Terms are not intended to alter in any way or limit the terms or conditions of any other agreement that you may have with Dear BUBU, including without limitation the privacy policy ("Privacy Policy").

For the purpose of these Terms, wherever the context so requires "You", “Your” or “User” shall mean any natural person who uses the Website for availing the Services. The term “We”, “Us”, “Our”, “BUBU” shall mean the Company, its employees, and authorized agents that perform any services on the Company’s behalf.

We reserve the right to make changes to these Terms at any time. Any such modifications will become effective immediately upon posting to the Website and your continued use of the Website, and/or the Services constitutes your agreement to such modifications. You agree to periodically review the current version of these Terms of Use as posted on the Website.

The Website allows Users to connect with counsellors or others ("Friend(s)") who provide counselling and guiding services.

Dear BUBU may terminate these Terms for any reason at any time. Dear BUBU reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to and use of the Website, with or without prior notice. Otherwise applicable sections of the Terms shall survive termination. In addition to any termination rights, we reserve the right to enforce and prosecute any violations of these Terms.

1. USER ACCOUNT

In order to use the Website, you may be required to provide information about yourself including your name, email address and other personal information. You agree that any information you provide to Dear BUBU on the Website will always be accurate, correct and up to date. You shall not impersonate someone else or provide account information, an email address or any other information that is not your own. You are responsible for maintaining the confidentiality of your account details at all times. Further, you are responsible for all activities that occur under your account.

2. PAYMENT

  • We may charge for the audio, and/or video based counselling/therapy sessions and face to face counselling/therapy sessions. Before availing any such Service, we will apprise the User of the applicable charges for the said Service. In addition to these Terms, a User shall also be bound by the terms (if any) mentioned for specific Service(s).
  • Please note that the charges paid by a User, are not refundable. However, in the event if a User is not satisfied with the Service, then such User may send a mail to support@dearbubu.com. We will review each such mail, on a case to case basis, and may refund the charges paid, if we deem fit. Our decision on any such matters shall be final and binding.
  • User(s) can make payments through any of the following available options:

a.   Internet Banking

     b.   Debit/ Credit Cards

 

  • The User agrees and accepts that all nuances and modalities relating to making payment using Internet Banking/ Debit/Credit Cards (“Virtual Payment Mode”) shall be separately governed by arrangement(s)/terms and conditions between the User and the relevant banks. We shall not be responsible, in any manner whatsoever, for any liability that may arise in relation to the Virtual Payment Modes (including any fraudulent transaction).
  • While availing any of the payment method(s) available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to (a) lack of authorization for any transactions; (b) any payment issues arising out of the transaction or (c) decline of such transaction for any reason.
  • You understand, accept and agree that the payment facility provided us, is neither a banking nor financial service.
  • Dear BUBU reserves its right to change the charges for Services, at any time, without the requirement of any prior intimation to the User. Any such change shall be binding and effective on the User.

3. OWNERSHIP OF THE WEBSITE

  • The Website contains content owned or licensed by Dear BUBU ("Dear BUBU Content"). Dear BUBU owns and retains all rights in the Dear BUBU Content. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Dear BUBU Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Dear BUBU Content.
  • The Dear BUBU name and logo are trademarks of Dear BUBU, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Dear BUBU, except with prior consent. In addition, all custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Dear BUBU, and may not be copied, imitated or used, in whole or in part, without prior written permission from Dear BUBU.

4. USE OF THE WEBSITE AND CONDUCT

  • Use of the Website

a. You may use the Website for lawful purposes only. You shall not post or transmit through the Website any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.

b. You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Website in any medium; (ii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Website; (iii) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (iv) uploading invalid data, viruses, worms, or other software agents through the Website; (v) collecting or harvesting any personally identifiable information, including account names, from the Website; (vi) using the Website for any commercial purposes without having all necessary rights and licenses to the User Content; (vii) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (viii) interfering with the proper working of the Website; (ix) accessing any content on the Website through any technology or means other than those capabilities provided by the Website; or (x) bypassing the measures we may use to prevent or restrict access to the Website, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Website or the content therein.

· User Content Guidelines:

a. You are solely responsible for your conduct and any data that you submit, post or display on or via the Website. Dear BUBU shall have no liability for conduct in relation to your use of our Website. Violations of these Terms may result in legal consequences prescribed by the applicable laws.

b. The Website provides Users the facility to create, share and post content (together, "User Content"). Dear BUBU claims no ownership rights over User Content created by you. Dear BUBU has the right (but not the obligation) in its sole discretion to remove any User Content that is stored via the Website.

c.  Dear BUBU takes no responsibility and assumes no liability for any User Content that you or any other User or third party creates, stores, shares, posts or sends through the Website. You shall be solely responsible for your User Content and the consequences of posting, publishing it, or sharing it and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. If your Content violates these Terms, you may bear legal responsibility for that content.

d. You agree not to post, store, transmit, create or share any User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); or (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships. You agree that any User Content that you create, store, or share does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. Dear BUBU reserves the right, but is not obligated, to reject and/or remove any User Content.

e. Dear BUBU believes, in its sole discretion, violates these provisions. For the purposes of these Terms, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all Website therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

5. RIGHTS TO USER CONTENT

  • If you share your User Content with Dear BUBU and/or link your User Content to Dear BUBU on a third party service and/or post content on any social media page owned and operated by Dear BUBU you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Dear BUBU a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Website and Dear BUBU’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of our Website (and derivative works thereof) in any media formats and through any media channels.

6. DISCLAIMERS

  • The advice or information provided by counsellors or others via the website is provided for informational purposes only and cannot be considered a substitute for examination by a doctor or other mental health professional. You are advised strongly against relying solely on, or make decisions based solely on advice provided by any counsellors or others.
  • Use of the services is not for emergencies. If you think you have a medical or mental health emergency, or if at any time you are concerned about your care or treatment, please go to the nearest hospital or health care provider.
  • The website is not a suicide helpline platform. If you are considering or contemplating suicide or feel that you are a danger to yourself or to others, you may discontinue use of the services immediately at your discretion and please notify appropriate police or emergency medical personnel. If you are thinking about suicide, immediately call a suicide prevention helpline.
  • Your use of information provided on the website and availing of services on the website is solely at your own risk. Dear BUBU is not, and will not in any manner be involved in the practice of medicine or the provision of medical care.

7. PRIVACY AND SECURITY

  • You understand that by using the Website you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy, and to have your personally identifiable information collected, used, processed and transferred to such service providers or affiliates as detailed under the thereunder.
  • You understand that Dear BUBU cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

8. WARRANTY

  • The website is provided on an “as is” basis, and use of the website is at the user’s risk. To the maximum extent permitted by applicable law, the website is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from Dear BUBU or through the website will not create any warranty not expressly stated herein. Without limiting the foregoing, Dear BUBU, its subsidiaries, its affiliates, and its licensors do not warrant that the content found on the website is accurate, reliable or correct; that the website will meet your requirements; that the website will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the website is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the website is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the website.
  • Dear BUBU does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the website or any hyperlinked website or service, and Dear BUBU will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.

9. CHILD PROTECTION

  • Dear BUBU complies with the Children’s Online Privacy Protection Rules and clearly specifies that users must be at least 18 years-old, or between the ages of 13-18 years old with parental consent. If dearbubu.com learns of a user who is younger than 18, or 13-18 years old without parental consent, then dearbubu.com, at their sole discretion, can terminate that account.

10. EXCEPTIONS AND LIMITATIONS

  • Dear BUBU does not make any representation or warranty as to the quality or value of the services offered on the Website, or availability of counsellor or other (s). Dear BUBU does not implicitly or explicitly support or endorse any services on the Website. Dear BUBU accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
  • While Dear BUBU carries out background checks and verifications on all counselor or other (s), you understand and acknowledge that Dear BUBU does not endorse, recommend, warrant or guarantee to qualifications, expertise, claims or background of any Friend(s), or any service, advice, opinion, recommendation provided by a Friend. Nothing contained in these Terms, the Website or on any third party site shall be considered as an endorsement, recommendation, referral, verification, warranty or guarantee with respect to (a) any Friend; (b) the Website or (c) any service, advice, opinion, recommendation made available via the Website or (d) the validity, accuracy, availability, completeness, safety, legality, quality or applicability of any information made available via the Website.
  • You acknowledge that there will be occasions when the Website may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.
  • You agree that Dear BUBU is not responsible for, and does not endorse, User Content posted within the Website. Dear BUBU does not have any obligation to prescreen, monitor, edit, or remove any User Content. If your User Content violates these Terms, you shall be solely responsible for any legal consequences with respect to such User Content.
  • Dear BUBU reserves the right to remove any User Content from the Website for any reason, without prior notice. User Content removed from the Website may continue to be stored by
  • Dear BUBU, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Dear BUBU will not be liable to you for any modification, suspension, or discontinuation of the Website, or the loss of any User Content.
  • We may, without prior notice, change the Website, stop providing the Website or features of the Website, to you or to Users generally, or create usage limits for the Website. We may permanently or temporarily terminate or suspend your access to the Website, or delete any User Content without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms.

11. LINKS

  • The Website may contain links to other Websites ("Linked Sites"). The Linked Sites are not under the control of the Company. We are not responsible for the content of any Linked Site, including, without limitation to, any link contained in a Linked Site, or any changes or updates to a Linked Site.
  • We are not responsible for any form of transmission, whatsoever, received by the User from any Linked Site. We are providing these links only for convenience, and the inclusion of any such link does not imply endorsement by the Website, of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof.
  • On accessing the Linked Sites, you shall be governed by the terms of use, privacy policy and such other additional policies of the Linked Sites. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, advertising, products, services or other materials available on or through any Linked Sites or for any errors, defamatory content, libel, slander, omissions, falsehoods, obscene content, pornographic material, or any profanity contained therein.

12. INDEMNIFICATION

  • You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms, or any use by you of the Website. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
  • In the event of a dispute regarding any transaction conducted via the website, you hereby relieve Dear BUBU, its affiliates, their respective officers, directors, shareholders, employees, sub-contractors and agents from all manner of actions, claims or demands and from any and all losses (direct, indirect, incidental or consequential), damages, costs or expenses, including, without limitation, court costs and attorneys’ fees, which member may have against one or more of the above.

13. GOVERNING LAW

  • This Agreement shall be governed by the laws of Bangladesh, and the courts of Dhaka shall have exclusive jurisdiction with respect to any dispute arising hereunder.




[Version 1.2] 
[Website: Beta Version
[Date of last modified version: 19 July 2017]

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