These Terms and Conditions ("Terms") govern your access to and use of the website-building platform and related services provided by Govaly Ltd. ("Govaly", "we", "us", or "our"), which allows sellers to create, manage, and run their own online stores and websites (the "Services"). The person or business that registers for and uses a Govaly account is referred to as the "Seller" or "you". Shoppers and visitors of a Seller's store are referred to as "End-Customers".
Please read these Terms carefully. They form a binding agreement between you and Govaly.
01Acceptance of Terms
1.1. By creating an account, accessing, or using the Services, you agree to be bound by these Terms, our Privacy Policy, and our Cancellation Policy, each of which is incorporated by reference.
1.2. If you do not agree to these Terms, you must not use the Services.
1.3. If you use the Services on behalf of a business or other organisation, you confirm that you are authorised to bind that organisation to these Terms.
02Account Eligibility and Registration
2.1. The Services are available to a general audience. You must provide accurate, current, and complete information when you register and keep it up to date.
2.2. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.
2.3. You must notify us promptly at [email protected] if you become aware of any unauthorised use of your account or any other security concern.
2.4. You are responsible for ensuring that your use of the Services is lawful in your jurisdiction.
03Description of the Services
3.1. Govaly provides tools that allow Sellers to build, customise, host, and operate online stores and websites, and to collect and manage information from their own End-Customers.
3.2. We may add, change, or remove features of the Services from time to time to improve the platform.
04Acceptable Use
4.1. You agree not to use the Services to create, upload, store, or distribute any content or to engage in any conduct that:
- Is unlawful under the laws of Bangladesh or any other applicable law, including the Digital Security Act, 2018 and the Information and Communication Technology Act, 2006;
- Infringes the intellectual property, privacy, or other rights of any person;
- Is fraudulent, deceptive, defamatory, obscene, or harmful;
- Sells or promotes goods or services that are illegal or prohibited;
- Contains malware, or attempts to gain unauthorised access to, disrupt, or interfere with the Services or other users;
- Sends spam or unsolicited communications, or harvests data unlawfully.
4.2. We may investigate suspected violations and may remove content or suspend accounts that we reasonably believe breach these Terms or applicable law.
05Seller Responsibilities
5.1. You are solely responsible for your store, your website, and all content, products, and services you offer through the Services.
5.2. You are responsible for the legality of what you sell, for honouring your own store's policies, and for fulfilling orders and handling customer service for your End-Customers.
5.3. You are responsible for the personal information you collect from your End-Customers. As set out in our Privacy Policy, the Seller acts as the controller of its End-Customers' data and Govaly acts as a processor on the Seller's behalf. You must have a lawful basis to collect and use that data and must provide your own privacy notice to your End-Customers.
5.4. You confirm that you own or have the necessary rights and permissions to all content you upload to the Services.
06Subscription and Billing
6.1. Recurring subscription. The Services are provided on a subscription basis ("Subscription"), billed on a monthly or yearly cycle depending on the plan you select.
6.2. Auto-renewal. Your Subscription automatically renews at the end of each billing cycle at the then-current price, and your payment method is charged automatically, until you cancel.
6.3. Payment authorisation. By subscribing, you authorise us and our payment processors to charge your payment method for the applicable fees, including recurring charges, on each renewal date.
6.4. Price changes. We may change our fees. We will give you reasonable notice before a price change takes effect, and the new price will apply from your next billing cycle.
6.5. Taxes. Fees are exclusive of taxes unless stated otherwise. You are responsible for any applicable taxes, duties, or similar charges.
6.6. Failed payments. If a payment fails, we may retry the charge and may suspend or limit your Services until payment is received.
07Cancellation and Refunds
7.1. You may cancel your Subscription at any time. Cancellation is governed in full by our Cancellation Policy.
7.2. In summary: no refunds are issued for the remaining portion of a paid period. Your Services remain active until the end of the period you have already paid for. After the paid period ends and the Subscription is cancelled, your data and website backups remain available for exactly 15 days for you to export, after which all data is permanently and irrecoverably deleted.
08Intellectual Property
8.1. Govaly's property. The Services, including the platform, software, design, and all related intellectual property, are owned by Govaly and its licensors. Nothing in these Terms transfers ownership of the Services to you.
8.2. Your content. You retain ownership of the content, files, products, and materials you upload to the Services ("Your Content").
8.3. Licence to Govaly. You grant Govaly a non-exclusive, worldwide licence to host, store, reproduce, and display Your Content only as necessary to provide and operate the Services for you.
8.4. Licence to you. Subject to these Terms and payment of applicable fees, Govaly grants you a limited, non-exclusive, non-transferable right to access and use the Services during your Subscription.
09Service Availability and Disclaimers
9.1. The Services are provided on an "as is" and "as available" basis. We do not guarantee that the Services will be uninterrupted, error-free, or completely secure.
9.2. We may perform maintenance, updates, or changes that temporarily affect availability. We will make reasonable efforts to limit disruption but do not guarantee any specific level of uptime.
9.3. To the fullest extent permitted by law, we disclaim all warranties, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.
10Limitation of Liability
10.1. To the fullest extent permitted by law, Govaly and its directors, employees, and partners shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or related to your use of (or inability to use) the Services.
10.2. To the fullest extent permitted by law, Govaly's total aggregate liability arising out of or related to the Services shall not exceed the total amount you paid to Govaly for the Services in the twelve (12) months immediately preceding the event giving rise to the claim.
10.3. Nothing in these Terms limits liability that cannot be limited or excluded under applicable law.
11Indemnification
11.1. You agree to indemnify and hold harmless Govaly and its directors, employees, and partners from and against any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising out of or related to:
- Your use of the Services;
- Your Content, your store, or the products or services you offer;
- Your handling of End-Customer data;
- Your breach of these Terms or of any applicable law or third-party right.
12Termination and Suspension
12.1. By you. You may stop using the Services and cancel your Subscription at any time in accordance with the Cancellation Policy.
12.2. By Govaly. We may suspend or terminate your access to the Services, with or without notice, if you breach these Terms, fail to pay applicable fees, or use the Services unlawfully, or where we are required to do so by law.
12.3. Effect of termination. On termination or cancellation, the data-handling and 15-day export window described in the Cancellation Policy applies. Provisions that by their nature should survive termination (including intellectual property, limitation of liability, and indemnification) will continue to apply.
13Governing Law and Dispute Resolution
13.1. These Terms are governed by and construed in accordance with the laws of the People's Republic of Bangladesh, without regard to conflict-of-law principles.
13.2. Any dispute arising out of or relating to these Terms or the Services shall be subject to the exclusive jurisdiction of the competent courts of Bangladesh, unless otherwise required by applicable law.
14Changes to These Terms
14.1. We may update these Terms from time to time. When we make material changes, we will update the "Last updated" date above and, where appropriate, notify you. Your continued use of the Services after an update means you accept the revised Terms.
15Contact Us
If you have questions about these Terms, please contact us:
Govaly Ltd. Email: [email protected]
We handle all legal, billing, and account inquiries through this address.