Terms & Conditions – Relaks

Terms & Conditions

INTRODUCTION

Welcome to Relaks Media. Thank you for using the Relaks Media products, services and features provided to you from the Relaks Media platform (collectively, the “Service”). The present Terms of Use (“Terms of Use") apply to all services availed by you (the "User") using the Relaks Media. By using Relaks Media,you agree, without limitation or qualification, to be bound by the terms and conditions of these Terms of Use and such other additional or alternative terms, conditions, rules and policies (including but not limited to this Terms of Use, the Privacy Policy, Creator’s Terms of Use, Relaks Media Community Guidelines)which are displayed or to which you may be directed in connection with any particular Relaks Media/ Relaks App or Service, all as may be modified by Relaks from time to time in its sole discretion (collectively the "Terms and Conditions" or “Agreement”, used interchangeably). If you do not agree with these Terms and Conditions, you may not use Relaks Media and opt out of the Relaks Media platform.

YOUR SERVICE PROVIDER

Relaks Limited. (“Relaks ”), a company operating under the laws of Bangladesh having its office at Nipobon Point,Shahaporan,Sylhet-3100 Bangladesh (hereinafter referred to as “Relaks Media”, “we”, “us”, or “our”) is your service provider. If the ownership, possession, control and operation of the Relaks Media platform, including the Service, is assigned, transferred and/or sold at any time to any sister concerns, affiliates, assignees, subsidiaries, partners etc. of Relaks (the “Relevant Party”), then this Terms of Use and the Terms and Conditions shall be valid and continue to be effective with such Relevant Party without any change or modification. Accordingly, such Relevant Party shall be your service provider without requiring any further consent from you.

CONTENT ON THE Relaks Media PLATFORM

The contents on the Relaks Media platform include videos, audio (for example music and other sounds), graphics, photos, text (such as comments and scripts), branding (including trade names, trademarks, service marks, or logos), recorded expressions interactive features, software, metrics, and other materials (collectively, the "Content”).

AGREEMENT

Please note that Relaks reserves the right to change, modify, add, or remove portions of the Terms and Conditions (including these Terms of Use) at any time without notice and without assigning any reason thereof and accordingly the revised version shall apply.It is your responsibility to check periodically for changes. Your continued use of and/or access to Relaks Media following the posting of any changes to these Terms and Conditions shall mean you accept those changes.

Acceptance:

By accessing and/or using Relaks Media, you hereby agree and accept the Terms and Conditions in full and provide your consent (as and where required under the Terms and Conditions). If you disagree or do not accept any of the Terms and Conditions or do not provide your consent (as mentioned above), you must Not use Relaks Media.

General Terms of Use

Our Website uses cookies; by using our Website and/or agreeing to the Terms and Conditions, you consent to our use of cookies in accordance with the terms of our Privacy Policy.

1. Relaks Media is a copyright protected platform of Relaks Limited.

2. Subject to the express provisions of these Terms and Conditions, we, together with our licensors and service providers, own and control all the copyright and all other intellectual property rights, titles and interests in and relating to the Services and the materials and contents on our Website. All the copyright and other intellectual property rights, titles and interests in and relating to our Services and the material and contents on our Website are reserved.

2. Except for the limited permissions, provided by these Terms and Conditions, no right, title, license or interest is granted to you in relation to the Services and contents and materials that are part of the Services.

License for Using Relaks Media:

1. You may view contents from Relaks Media.Except as expressly permitted by provisions in these Terms of Use, you must not copy or download any contents or materials from Relaks Media to your computer/tv/mobile or any other device and reproduceit in any form.

2. You may only use our Services for your own personal purposes and must not use our Services for any other purposes including, without limitation for any commercial purposes.

3. Videos/Content that we offer as part of the Services can be viewed only for personal use or at home. Organized or public showings are not allowed without prior written consent from Relaks Limited., operating under the brand name “Relaks Media”.All content and materials on Relaks Media are copyright protected and you may not republish any material fromRelaks Media (including republication on another website); sell, rent or sub-license material or content from Relaks Media; show any material from Relaks Media in public; exploit materials or content from Relaks Media for commercial purposes; or redistribute materials or content from Relaks Media.

4. We reserve the right to restrict access to areas of Relaks Media at any time and for any reason or no reason, at our sole discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on Relaks Media.

5. Relaks shall have the right to disconnect or suspend this Service without any prior notice and without showing any reason whatsoever, if you are found to be in breach of any of the terms and conditions herein.

Usage Restrictions policy:

1. You may not use Relaks Media in any way or take any action that causes, or may cause, damage to the Relaks Media platform or impairment of the performance, availability or accessibility of Relaks Media.

2. You may not use Relaks Media and the content available therein in any way that is unlawful, illegal, fraudulent, deceptive or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

3. You may not use Relaks Media and the content available therein in any way that goes against local legal requirement, spreads or supports propaganda against the Liberation War of Bangladesh, the spirit of the Liberation War, the Father of the Nation, the national anthem, the national flag, the Government image or reputation, national security and/or national interest, social norms, culture or discriminates based on race, color, ethnicity, gender, religion (including religious beliefs, practices etc.), national origin, sexual orientation, or any other protected class, characteristic, or consideration made unlawful/illegal/prohibited under applicable local laws and regulations

4. You may not use Relaks Media and the content available therein in any way that is violent, that instigates/ encourages bullying, self-harm, suicide, child abuse, sexual harassment, breach of privacy, hate speech, nudity etc. Further, you may not use Relaks Media in any manner that contravenes any provisions of the Terms and Conditions (including the Relaks Media Community Guidelines).

5. You may not use Relaks Media to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

6. You may not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to Relaks Media without our express written consent.

7. You may not access or otherwise interact with Relaks Media using any robot, spider or other automated means.

8. You may not use data collected from Relaks Media for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

9. You may not use data collected from Relaks Media to contact individuals, companies or other persons or entities.

10. You must ensure that all the information you supply to us through Relaks Media, or in relation to Relaks Media, is true, accurate, current, complete, clear and non-misleading.

Relaks Media platform, its content and all the features are free for all the users in Bangladesh. Users need to have an android/iOS device, a valid SIM card and an internet connection to use Relaks Media. There is no subscription fee as of yet to access the content. However, any future changes will be notified to the users on time.

USER CONDUCT:

In consideration of the availability, and your use, of Relaks Media or any of the Services, you agree to comply with all applicable laws and the Terms and Conditions when using such Relaks Media platform or Service. You acknowledge that Relaks may investigate any violations of law and regulations and may cooperate with law enforcement authorities in prosecuting users in this regard. Additionally, you agree not to:

1. Post, transmit, link to, or otherwise distribute any materials, information or content constituting, advocating or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise use Relaks Media or any of the Services in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying the Relaks Media platform or any of the Services, or the internet;

2. Post, transmit, link to, or otherwise distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information;

3. Post, transmit, link to, or otherwise distribute any information, materials or content (including for greater certainty, software) which contains a virus, cancelbot, Trojan horse, worm or other harmful or disruptive component.

Relaks Media SERVICE

1. You must be at least 18 (eighteen) years of age or the age of majority as per applicable law to become anUser of the Relaks Media. Minors may only use the service under the supervision of an adult.

2. The Relaks Media and any content viewed through the Relaks Media platform are for your personal and non-commercial use only. During the tenure of your registration and usage of the Relaks Media platform we grant you a limited, non-exclusive, non-transferable license to access the Relaks Media platform and view the available Content only. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You agree not to use the service for public performances.

3. You may view the Content primarily within the country in which you have established your account and only in geographic locations where we offer our service and have licensed such Content. Relaks Media regularly makes changes to the service, including the Content library. In addition, we continually test various aspects of our service, including our website, user interfaces, promotional features and availability of the content.

4. You agree to use Relaks Media, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. You agree not to archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms of Use) content and information contained on or obtained from or through the Relaks Media platform. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Relaks Media platform; use any robot, spider, scraper or other automated means to access Relaks Media; decompile, reverse engineer or disassemble any software or other products or processes accessible through Relaks Media; insert any code or product or manipulate the content of Relaks Media in any way; or use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with Relaks Media, including any software viruses or any other computer code, files or programs. We may terminate or restrict your use of our Relaks Media platform and Services if you violate these Terms of Use or are engaged in illegal or fraudulent use of the Service.

5. The quality of the display of the Content available on Relaks Media may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available and/or speed of your internet connection. Not all Content is available in all formats. You are responsible for all Internet access charges. The time it takes to begin watching the Content will vary based on a number of factors, including your location, available bandwidth at the time, the Content you have selected and the configuration of your Relaks Media ready device.

6. Relaks Media shall not be liable for any delay caused by circumstances and factors beyond the control of the platform, such as internet connection at customer's end, GPRS, 3G, 4G, 5G data availability, GSM network, faulty SIM card, non-payment of bills, Wi-Fi or internet connection & customer internal mobile & TV’s display, configuration and power system.

7. The Relaks Media software is developed by, or for, Relaks Media and is designed to enable viewing of Relaks Media content through Relaks Media ready devices. The Relaks Media software may vary by device and medium, and functionalities and features may also differ between devices. You acknowledge that the use of the Relaks Media platform and Service may require third party software that is subject to third party licenses. By registering to, using and/or accessing the Relaks Media platform or Services you accept to automatically receiveany updates of Relaks Media and related third party software when available and agree to the terms and conditions (if any) relating to the same.

8. To run Relaks Media in your Android mobile device it must have minimum Android OS version Lollipop5.0 or in your iOS mobile device it must have the latest iOS version.

9. Web Browsers that support Relaks Media are Chrome (latest version), Firefox (latest version), Internet Explorer (latest version), Microsoft Edge, Safari (latest version), Opera (latest version)..

Note: Firefox ESR is not supported at this time. Firefox ESR (Version 60) will be supported when it's available for the general public.

REGISTRATION, ACCOUNTS AND ASSWORDS & ACCOUNT ACCESS

Certain Services and related features made available on the Relaks Media platform may require registration or subscription. Should you choose to register or subscribe for any such Services or related features, you agree to provide accurate and current information about yourself as required by the relevant registration or subscription process, and to promptly update such information as necessary to ensure that it is kept accurate and complete. You agree to be responsible for: (a) maintaining the confidentiality of any passwords or other account identifiers which you choose or are assigned as a result of any registration or subscription on Relaks Media, and (b) all activities that occur under such password or account. Further, you agree to notify Relaks of any unauthorized use of your password or account. Relaks shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this Section. You can create an account in Relaks Media by signing up using your mobile number. Relaks Media will create an account for you based on the login information you provided. Once the account is created, user will be redirected to the subscription page to complete the subscription. To maintain control over the account and to prevent anyone from accessing the account (which would include information on viewing history for the account), the user /account owner should maintain control over the Relaks Media ready devices that are used to access the service and not reveal the password nor details of the payment method associated with the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your account or place your account on hold in order to protect you, Relaks Media or our partners from identity theft or other fraudulent activity.

TRADEMARKS

The brand name “Relaks ”,” Relaks Media” and all associated designs and logos are trademarks owned by Relaks . All other product, brand and company names and logos used or mentioned in Relaks Media or any of the Services may be the trademarks or registered trademarks of their respective owners. Any use of any trademarks appearing on Relaks Media or any of the Services without the express written consent of the owner of the trademark is strictly prohibited.

WARRANTIES

The Relaks Media platform and Service is provided "as is" and without warranty or condition. In particular, our service may not be uninterrupted or error-free. You waive your right to claim any direct, special, indirect and consequential damages against us, relating to or resulting from the foregoing.

LIMITATIONS OF LIABILITY

To the fullest extent permitted by law, in no event shall Relaks Media/Relaks , its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive losses or expenses or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) any interruption or cessation of transmission to or from our services (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our services, (v) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our services by any third party, (vi) any errors or omissions in any content or for any loss or damage of any kind (vii) force majeure situations, (viii) failure/delay due to technical errors, incurred as a result of your use of any content posted, published, emailed, transmitted, shared or otherwise made available via the services, whether based on warranty, contract, tort, or any other legal instrument, and whether or not the company is advised of the possibility of such damages. You acknowledge and accept that Relaks Media/Relaks shall not be liable for content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you. We understand that, in some jurisdictions, warranties, conditions may apply and that these cannot be legally excluded or disclaimers provided in this regard.Only if that is the scenario in your jurisdiction, then to the extent permitted by law, Relaks Media limits its liability for any claims under those warranties or conditions to either supplying you the services again or providing you the cost of supplying the services again.

CLASS ACTION WAIVER

Where permitted under the applicable law, you and Relaks Media agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, where permitted under the applicable law, unless both i.e. you and Relaks Media agree otherwise, the court may not consolidate more than one person's claims with your claim/s, and may not otherwise preside over any form of a representative or class proceeding.

INDEMNIFICATION

By agreeing to these Terms of Use, you agree that you shall defend, indemnify and hold Relaks , our licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including lawyers’ fees and costs) arising out of or in connection with: (a) your violation or breach of any term of these Terms of Use or any applicable law or regulation, including any local laws or ordinances, whether or not referenced herein (b) your use (or misuse) of the Services, (c)your use of the Service; (d) your violation of any third party right, including without limitation any copyright, intellectual property, or privacy right; This defense and indemnification obligation will survive termination of this Agreement, and your use of the Service.

TERRITORY

The territory shall be the world.

INTERNET DELAYS

The Relaks Media platform, Services, and/or the software may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications including the device used by you being faulty, not connected, out of range, switched off or not functioning. We are not responsible for any delays, delivery failures, damages or losses resulting from such problems.

MISCELLANEOUS

The Terms and Conditons (including these Terms of Use) shall be governed by and construed in accordance with the laws of the People’s Republic of Bangladesh.

Relaks Media does not accept unsolicited materials or ideas for Relaks Media content and is not responsible for the similarity of any of its content with the content of any other media.

If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

1. Relaks Media may, from time to time, change these Terms of Use and any of the other Terms and Conditions. Although we may attempt to notify you when major changes are made to these Terms of Use and/or the Terms and Conditions, you should periodically review the most up-to-date version. We may, in our sole discretion, modify or revise these Terms of Use and/or the Terms and Conditionsat any time, and you agree to be bound by such modifications or revisions or update if you continue using and/or accessing the Relaks Media platform and Services. Nothing in these Terms and Conditions shall be deemed to confer any third-party rights or benefits.

2. We will try to notify you at least 30 (thirty) days before these new Terms of Use apply to you.

3. Relaks may without any prior consent and at its sole discretion (a) assign, transfer and/or sell the ownership, possession, control and operation of the Relaks Media platform, including the Service to one or more of its Affiliates, sister concerns, assignees, subsidiaries, partners etc.; (b) assign this Agreement/Terms and Conditions in its entirety to a successor to all or substantially all of its business or assets to which this Agreement/ Terms and Conditions relates. Any permitted assignee will assume all obligations of its assignor (or related to the assigned portion in case of a partial assignment).

Without prejudice to any other right pertaining to us under these Terms and Conditions and/or law/equity, we reserve the right to take legal actions against you for any breach of these Terms and Conditions.

We will send you information relating to your account changes in password or confirmation messages, notices etc. in electronic form only, for example via emails to your email address provided during registration.

1. This Relaks Media platform and Service is owned and operated by Relaks Limited. operating under the brand name “Relaks Media”.

2. We are registered in Bangladesh and our registered office is at Nipobon Point,Shahaporan Sylhet-3100,Bangladesh You can contact us by writing to the business address given above.