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Terms and Conditions

Acceptance of Terms of Use

Method

These Terms of Use govern your use of the online and mobile website (the “Website” or, collectively, the “Websites”), and the tablet, smartphone, and other applications and platforms, including but not limited to the Dhaka Sweets web platform (https://dhakasweetsny.com), available through a third party “Application” or, collectively, the “Applications”, owned and/or operated by Cimplux Corp. and its affiliates. If you do not agree to these Terms of Use, you should not use the Websites or Applications. These Terms of Use are an ongoing contract between you and Dhaka Sweets and apply to your use of the Websites or Applications. These Terms of Use affect your rights and you should read them carefully.

Privacy and Personal Information

Dhaka Sweets is committed to protecting the privacy of the personal information you provide us on our Websites and Applications. Any information submitted on the Websites and Applications is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices.

Your Account

If you use the Websites or Applications, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, smartphone, or tablet, and you agree to accept responsibility for all activities that occur under your account or password. The Websites and Applications sell products to adults, who can purchase with a credit card. If you are under 18, you may use the Websites and Applications only with the involvement of a parent or guardian. Dhaka Sweets and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at their sole discretion.

Websites and Applications

These Terms of Use apply to all users of the Websites and Applications. The Websites and Applications may contain links to third-party websites or applications or may be made available through third-party devices, that are not owned or controlled by Dhaka Sweets. Dhaka Sweets has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites, applications, or devices. By using the Websites or Applications, you expressly relieve Dhaka Sweets from any and all liability arising from your use of any third-party website, application, or device.

Website/Application Access

Dhaka Sweets hereby grants you permission to use the Websites and Applications as set forth in this Terms of Use, provided that: (i) your use of the Websites and Applications as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Websites or Applications in any medium without Dhaka Sweets prior written authorization; (iii) you will not alter or modify any part of the Websites or Applications; and (iv) you will comply with the terms and conditions of these Terms of Use.

In order to access some features of the Websites or Applications, you will have to create an account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Dhaka Sweets immediately of any security breach or unauthorized use of your account.

You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Websites or Applications in a manner that sends more request messages to the Dhaka Sweets servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser.

Intellectual Property Rights

The content on the Websites and Applications, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features, and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Cimplux Corp., subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Websites and Applications.

Warranty Disclaimer

YOU AGREE THAT YOUR USE OF DHAKA SWEETS WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, DHAKA SWEETS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. DHAKA SWEETS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (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) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (Vl) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE DHAKA SWEETS WEBSITE. DHAKA SWEETS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE DHAKA SWEETS WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND DHAKA SWEETS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.YOU AGREE THAT YOUR USE OF THE WEBSITES AND APPLICATIONS SHALL BE AT YOUR SOLE RISK.

Limitation of Liability

IN NO EVENT SHALL DHAKA SWEETS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

Ability to accept Terms of Service

You affirm that you are more than 18 years of age, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.

Changes to Terms of Use

Dhaka Sweets reserves the right, from time to time, with or without notice to you, to change these Terms of Use (other than the arbitration provision) in our sole and absolute discretion. The most current version of these Terms of Use can be reviewed by clicking on the “Terms of Use” located at the bottom of the pages of the online Website or on the Applications. The most current version of the Terms of Use will supersede all previous versions.

Cancellation, Return and Refund Policy

Preparation of your order can begin immediately after your order has been confirmed. Dhaka Sweets cannot accept cancellations once your order has been confirmed. Please call Dhaka Sweets to find more about cancellation eligibility.

Dhaka Sweets cannot take returned once the food is delivered. However, if you get a wrong order delivered to you, please contact us immediately. We will rectify and deliver you the right food.

Online credit card transactions cannot be refunded or voided through Dhaka Sweets website. We are unable to provide refunds for the return of the food. Refunds are also not typically provided for food that a guest simply does not like.

Store Pickup and Delivery Policy

Online orders may be placed for in-store pickup or home delivery. Please check the store timing for store pickup and home delivery options. If you have any issues ordering with us, have a complaint, or simply want to give us your precious feedback, please don’t hesitate to contact us.

Allergens Policy

Dhaka Sweets’ menu items are prepared in stores using a common kitchen. As a result, there may be cross-contact between allergens. Customers with an allergen concern should exercise judgment in consuming Dhaka Sweets’ menu items.

Arbitration

BECAUSE OF THE MUTUAL BENEFITS (SUCH AS REDUCED EXPENSE AND INCREASED EFFICIENCY) WHICH PRIVATE BINDING ARBITRATION CAN PROVIDE, BOTH YOU AND DHAKA SWEETS AGREE THAT ANY CLAIM, DISPUTE, AND/OR CONTROVERSY ARISING OUT OF OR RELATING IN ANY WAY TO YOUR USE OF THE WEB SITES OR THE APPLICATIONS, ANY PRODUCTS SOLD BY DHAKA SWEETS THROUGH THE WEBSITES OR THE APPLICATIONS, THESE TERMS OF USE, OR THE SCOPE OR VALIDITY OF THIS ARBITRATION AGREEMENT SHALL BE SUBMITTED TO AND RESOLVED EXCLUSIVELY BY BINDING ARBITRATION, RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY. ALL MATTERS RELATING TO ARBITRATION WILL BE GOVERNED BY THE FEDERAL ARBITRATION ACT, 9 U.S.C. SECTIONS 1‐16, AND NOT BY ANY STATE ARBITRATION LAW.

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