Terms & Conditions

1. Welcome

Welcome to AbabilFund. AbabilFund is a product of Ababil Tech. The following terms and conditions govern your (and any person or entity you enable/allow access through your access) access and use of this website (“Site”), the contents contained herein (“Contents”), the services offered on the Site (“Services”) and visitors to websites, (visitors are collectively referred to as the “Users” and individually as “User”).

Please review the following terms and conditions (referred on the Site as “Terms and Conditions”) carefully. By accessing the Sites or Services, the User agrees to this Terms and Conditions. If a User does not agree with any part of the following Terms and Conditions, User must not use the Sites or Services.

In addition, some of Ababil Tech’s Services have additional terms and conditions (“Additional Terms”). The Additional Terms are applied to individual Services which you will be deemed to have accepted if you register for such Services. Ababil Tech will make them available for the User to read through before use of that Service.

2. Registration, Password, and Use of the Services and/or Site

The Services or AbabilFund Site may require registration. If a User chooses to register for such Services, the User has to provide the accurate and current information as required by the relevant registration process and to promptly update such information as necessary to ensure that it is kept accurate and complete.

Also, the User agrees to notify AbabilFund of any unauthorized use of the Users password or account. In addition, User agrees that they are solely responsible and liable for (and that AbabilFund has no responsibility to them or any third party for) any breach of their obligations under this Terms and Conditions and for the consequences (including any loss or damage which AbabilFund may suffer) for any such breach.

The Sites and Services are intended for use by individuals 13 years of age or older. If the User is under 18, User may use the Site only with the involvement of a parent or legal guardian who agrees to be bound by this Terms and Conditions.

3. Ownership

Except for User Content, the AbabilFund Site is the property of Ababil Tech, its licensors, and/or its other third-party providers and distributors. The AbabilFund Site is protected by copyright, trademark, and other intellectual property laws. Users must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials. User agrees not to change, obscure, or obliterate any of such notices. Unless else set forth in this Terms and Conditions, none of the content or data found in the AbabilFund Site may be copied, reproduced, edited, sold, transferred, modified, or distributed in any way without the previous written consent of Ababil Tech, its licensors and/or its third-party providers and distributors. Trademarks, logos, images, and service marks displayed on the AbabilFund Site are the property of either Ababil Tech or other third parties. Users agree not to display or use any AbabilFund or third-party marks without the prior written consent of Ababil Tech or the authorized third-party licensor. Ababil Tech reserves all rights not expressly granted to the User.

4. Privacy

Please see our "Privacy Policy" for information on how User information is collected, used, and disclosed by Ababil Tech.

5. Rules and Conduct

If the User posted any information, ideas, or opinions on the Services or AbabilFund Sites does not necessarily reflect Ababil Tech’s views. AbabilFund does not take responsibility for the accuracy of any information, ideas, and opinions posted by Users. Also, AbabilFund is not liable for any claims, damages, or losses resulting from similar information, ideas, or opinions.

When User posting any information, ideas or opinions, materials or contents or otherwise accessing the Site or Sites, User agrees that User will not:

5.1 Harass, condemn, threaten or intimidate other users;

5.2 Interfere with another user’s rights to privacy;

5.3 Post any defamatory material;

5.4 Post any trademarks, logos, copyrighted material, or other intellectual property without the authorization of the owner;

5.5 Operate, conduct, or promote, directly or indirectly, raffles, lotteries, or other similar gaming activities, whether for charitable purposes or otherwise;

5.6 Post any materials such as a virus, worm, or Trojan horse that may damage the operation of a computer;

5.7 Recruit or otherwise solicit any User to join third-party services or websites that are competitive to AbabilFund, without Ababil Tech’s prior written approval;

5.8 Use, display, mirror, or frame the Sites or any individual element within the Sites or Services, AbabilFund’s name, any AbabilFund trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without Ababil Tech’s express written consent;

5.9 Access, tamper with, or use non-public areas of the Sites, AbabilFund’s computer systems, or the technical delivery systems of AbabilFund’s providers;

5.10 Attempt to probe, scan, or test the vulnerability of any Ababil Tech system or network or breach any security or authentication measures;

5.11 Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by AbabilFund or any of AbabilFund’s providers or any other third- party (including another user) to protect the Sites or Services;

5.12 Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Sites or Services.

5.13 We reserve the right to block, remove, edit or refuse to post any material that you attempt to transmit through the Site and/or Services that we deem to be in contravention of this Terms and Conditions and to take such other action as we in our sole and absolute discretion consider necessary to prevent or remedy any breach of this terms and/or conditions. If you become aware of any content or material circulated using the Site and/or Services that are in breach of this terms and/or conditions, Contents or materials on the Site and/or Services then we encourage you to promptly inform us by contacting our helpline. We are not responsible or liable for any failure to remove, block, edit or delay in removing, etc. any such infringing content or material or third party material from the Site and/or Services or for any good faith but wrongful removal of third party material.

Users must at all times use the Sites and the Services responsibly and legally. In particular, User must not do any of the following: (a) Misrepresent Users identity or Users affiliation with any other person or organization; (b) Send junk email or spam to people who do not wish to receive mail from User; (c) Delete or falsify any attributions, trademarks or designations of the source from any website content; or (d) Interfere with or disrupt the service or services or networks connected to the Services or Sites; and (e) Collect or store personal data about other users including email addresses without consent.

User agrees that User will comply with all prevailing laws, statutes, and regulations of Bangladesh regarding use of the Sites and Services.

AbabilFund will investigate and prosecute violations of any of the above to the fullest extent of the law. AbabilFund may involve and cooperate with law enforcement authorities in prosecuting Users who violate this Terms and Conditions.

6. Copyright Policy

6.1 All copyright, trademarks, patents, brand names, corporate names, and other intellectual property rights in any material or content (including without limitation software, data, applications, information, text, photographs, music, sound, videos, graphics, logos, symbols, artwork, designs, layout, look, appearance and other material or moving images) contained in or accessible via the Services ("Contents") is either owned by Ababil Tech or has been licensed to Ababil Tech by the rights’ owner(s) for use as part of the Services and/or on the Site. The AbabilFund name, logo, and bird device/mark are registered trademarks of Ababil Tech. All trademarks reproduced herein, which are not the property of or licensed to Ababil Tech, are the property of their respective owners.

6.2 You are only allowed to access/use the Site and/or Services as set out in this Terms and Conditions. If you wish to access/use the Contents or any part thereof for any other purpose other than reviewing it on the Site then you will be required to obtain the prior written permission of the owner of the rights in that material. All rights are expressly reserved.

6.3 Having noted the above you shall not be entitled in respect of any Contents (wholly or partly):

(a) To reproduce, duplicate, copy, sell, trade, or resell any part of the Contents for any purpose; or

(b) To pass any part of the Contents on to third parties or to allow third parties to access/use any part thereof for any purpose in any way unless and to the extent expressly permitted; or

6.4 Any unauthorized access/use of this Site, Services, and/or Contents may give rise to a claim for damages, penalty, losses, legal suit, and/or amount to a criminal offense. Further, you will also be liable for all costs and consequences arising out of any claim, demand, penalty, proceeding, or legal suit (civil or criminal) initiated as a result of your unauthorized access/use of this Site, Services, and/or Contents.

6.5 Any unauthorized use, reproduction, or alteration of the AbabilFund name, logo, the bird device/mark, and/or any components of the same are strictly prohibited and Ababil Tech will utilize all resources to claim, demand, bring legal proceedings against such unauthorized use, reproduction or alteration and extend all-out efforts to penalize, prosecute and seek compensation, damages, losses, and costs from such persons or entities.

7. Pricing

For information about AbabilFund’s pricing, please see AbabilFund’s “Pricing Page”AbabilFund reserves the right to change its pricing at any time, with or without notice. AbabilFund will post any changes to the pricing on the “Pricing Page”, so please check often.

8. Exclusion of Warranty

The User uses the Sites and Services at the User’s own risk. The Sites, Services, and the Contents therein and/or the content provided by ababiltechltd.com or ababilfund.com, are provided “As Is” and “As Available”, and, to the fullest extent permitted by applicable law, all warranties, express or implied, are disclaimed, including but not limited to, any implied warranties of merchantability, quiet enjoyment, non-infringement, and fitness for a particular purpose.

In particular, AbabilFund and its officers, employees, directors, shareholders, parents, subsidiaries, affiliates, agents, and licensors (referred to collectively as “Affiliates”) make no representations or warranties about the accuracy or completeness of the content available on or through the Sites or Services (including, without limitation, any recommendations or other content available on or through the Sites or Services), or the Content of any websites or resources linked to or framed on the Sites or Services.

AbabilFund and its affiliates will have no liability for any: (a) errors, mistakes, or inaccuracies of content; (b) personal injury or property damage resulting from Users access to or use of the Sites or Services; (c) any unauthorized access to or use of AbabilFund’s servers or any personal or financial information; (d) any interruption of transmission to or from the Sites or Services; (e) any computer viruses or malicious code that may be transmitted on or through the Sites or Services; or (f) any loss or damage of any kind incurred as a result of the use of any functionality or content posted, e-mailed, transmitted, or otherwise made available on or through the Sites or Services.

The user understands and agrees that any material or information downloaded or otherwise obtained through the use of the Sites or Services is done at the User’s own risk and that the User will be solely responsible for any damage arising from doing so. No advice or information, whether oral or written, obtained by the User from AbabilFund or through the Sites or Services will create any warranty not expressly made in this Terms and Conditions.

9. Third Party Websites and Hyperlinks

The AbabilFund Site may provide links to or frame third-party websites or services and may link the User automatically to sponsors’ or third party’s websites or services. These links are provided for your convenience and to provide further information only.

AbabilFund does not review or endorse, and is not responsible for, any content, advertising, products, services, or other materials on or available from such websites or services. Any transaction you may make with any third-party flowing from such links is carried out entirely at your own risk and we accept no liability for any damages or losses that you may suffer as a result

These third-party websites have separate and independent Terms and Conditions and privacy policies for their access/use. Neither we nor any third parties provide any warranty or guarantee or assume any liability or responsibility as to the accuracy, timeliness, performance, completeness, suitability, or otherwise of the information or materials (including but not limited to contents, services, activities, or offers) found, offered or represented on the linked website(s) for any particular purpose. You acknowledge that such information or materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. AbabilFund explicitly disclaims any responsibility or liability as to any consequential losses or damages arising as a consequence of any of the above.

10. Liability

To the fullest extent permitted by applicable law, neither AbabilFund nor its affiliates will be liable under any theory of liability (whether in contract, tort, negligence, or otherwise) for any indirect, incidental, special, consequential, punitive, or exemplary damages, including damages for loss of revenues, profits, goodwill, use, data, or other intangible losses (even if such parties were advised of, knew of, or should have known of the possibility of such damages), arising from or relating to the Site or Services or this Terms and Conditions.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to the User. To the extent AbabilFund may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of AbabilFund’s liability will be the minimum permitted under such law.

11. Indemnity by You

Users are entirely responsible for maintaining the confidentiality of passwords and accounts. Furthermore, Users are entirely responsible for any and all activities that occur under their account. User agrees to indemnify, defend and hold harmless AbabilFund and its affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees of any kind, arising from or relating to (a) any information (including User’s User Content or any other content) that User or anyone using User’s account submits, posts, or transmits on or through the Sites or Services; (b) the use of the Sites or Services by User or anyone using User’s account; (c) the violation of this Terms and Conditions by User or anyone using User’s account; or (d) the violation of any rights of any third party, including intellectual property, privacy, publicity, or other proprietary rights by User or anyone using User’s account.

AbabilFund reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User. If AbabilFund does assume the defense of such a matter, the User will reasonably cooperate with AbabilFund in such defense. User agrees to immediately notify AbabilFund of any unauthorized use of User’s account or any other breach of security known to User.

12. General

12.1 The information and materials provided in relation to the Contents and Services on the pages of this Site are for your general information and use/access only and any part of such information and materials is subject to change without notice at our sole discretion.

12.2 AbabilFund reserves the right to review, revise, amend and/or change the Services, Contents, Sites, its policies, and/or this Terms and Conditions at any time without any prior notice and you will be deemed to have been bound by such revision, amendment or change by continuing to use/access the Site, Services and/or Contents.

12.3 The construction, validity, and performance of this Terms and Conditions shall be governed in all respects by the prevailing laws of Bangladesh. Your use/access of this Site and any dispute arising out of such use/access of the Site is also subject to the prevailing laws of Bangladesh.

12.4 If any or any part of the provisions of this Terms and Conditions is declared by any judicial or other competent authority to be void, voidable, illegal, or otherwise unenforceable, such a term shall be amended or at the discretion of AbabilFund, it may be severed from this Terms and Conditions and the remaining part of the affected provision and other remaining provisions of this Terms and Conditions shall remain in full force and effect.

12.5 Except where this Terms and Conditions provide otherwise, the rights and remedies contained herein are cumulative and not exclusive to rights and remedies provided by law. The failure by AbabilFund to enforce at any time or for any period any one or more of the Terms and Conditions shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions.

12.6 No delay or failure by AbabilFund shall constitute a breach or give rise to any claim for damages or loss including loss of anticipated profits if such delay or failure is caused by force majeure. Force majeure shall mean an occurrence which is beyond and without fault or negligence of AbabilFund and which AbabilFund is unable to prevent or provide against by the exercise of reasonable diligence including, but not limited to, acts of God or of the public enemy, appropriation of confiscation of facilities, terrorist activity or other catastrophes, strike or any other concerted acts of employees or other similar occurrences.

12.7 You shall not assign this Terms and Conditions to a third-party. AbabilFund may assign this Terms and Conditions in whole or part to any third-party at its discretion.

12.8 You acknowledge that in agreeing to this Terms and Conditions you do not rely on, shall have no remedy in respect of, any statement, representation, warranty, guarantee, or understanding (whether negligently or innocently made) of any person (whether the party to this Terms and Conditions or not) other than as expressly set out in this Terms and Conditions as a warranty.

12.9 By visiting www.ababilfund.com, you agree that the laws of the People’s Republic of Bangladesh, irrespective of principles of conflict of laws, will govern this Terms and Conditions and any dispute of any sort that might arise between you and Ababil Tech Ltd.

12.10 If we decide to permanently withdraw the Services, Contents, and/or the Site, AbabilFund shall not be liable to you for any ensuing loss or damage occasioned to you from such a suspension, change, or termination. Termination shall however not affect your accrued liabilities towards us.