Terms and Conditions

Bangladesh Unbound Terms and Conditions for Customers

Effective from 1st January 2022

Welcome to Bangladesh Unbound!

Please read these “Terms and Conditions” carefully as they contain important information about your legal rights and obligations.

We operate a marketplace platform that connects users and contracted or employed tour guides, drivers and other partner service providers. Our platform allows travellers to find and book guided tours or trips, post reviews, and process payments. We are a travel agency or a tour operator, and we publish, create, sell, control, offer, deliver, or supply Guided Tour and tour-related services. When you make a booking, you are entering into a contract directly with us.

IMPORTANT: PLEASE REVIEW THE LITIGATION CLASS ACTION WAIVER PROVISION CONTAINED HEREIN, AS IT REQUIRES THE PARTIES TO RESOLVE DISPUTES ON AN INDIVIDUAL BASIS. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE SITE AND THE SERVICES.

1. Introduction.

These Terms and Conditions, as may be modified and amended from time to time, sets forth the terms on which:

(a) Bangladesh Unbound located at Suite # 2, Azadi 58 (Ground Floor), Mirboxtula, Sylhet 3100, Bangladesh (“Bangladesh Unbound,” “We,” “Us” or “Our”) provides services (“Services”) through its proprietary marketplace platform accessible via the www.bangladeshunbound.com website and subdomains (the “Site”) and/or over the phone and/or by email;

(b) To any person (“You”) that accesses the Site and/or uses our Services, which includes booking guided tours and related services (the “Tours”) from us.

2. Acceptance of These Terms and Conditions.

When You access the Site and/or use our Services, You at this moment represent and warrant that:

(a) You have read, understand, and agree to comply with and be bound by these Terms and Conditions;

(b) You are an individual at least 18 years old or a duly organized, validly existing business, organization or other legal entity in good standing under the laws of the country in which You are established;

(c) You can enter into legally binding contracts; and

(d) You are not forbidden by Bangladesh Unbound to access and/or use the Site.

If You do not agree to be bound by these Terms and Conditions, You may not access and/or use the Site and/or our Services and should immediately leave the Site. These Terms and Conditions should be read together with the Cancellation PolicyPrivacy Policy and Legal Policy, as they are incorporated by reference into these Terms and Conditions.

3. Scope of Bangladesh Unbound Services.

We operate the Site, an online marketplace platform that allows us to upload and publish tours, and You can search and book tours, post reviews, and process payments.

You may search for Tours and Guides or Drivers or any Travel Related Services using various filters. Once You decide on a specific Tour, You may connect and conclude contracts directly with us and through the Site.

We are constantly updating our Site and its functionalities. Therefore, We may modify and/or delete any functionality on the Site and/or introduce new ones from time to time.

4. User Account.

You may search for Tours and Guides or Drivers through the Site without prior registration. To Book Tours on the Site, You may be required to register or complete your profile or provide your details to us.

The opening of a Traveler’s Account is at the sole discretion of Bangladesh Unbound. We reserve the right to refuse to open a Traveler’s Account and/or cancel a Traveler’s Account without notice and liability, at our sole discretion, for any reason or no reason.

You must provide accurate, current and complete information and keep the information on your Traveler’s Account up-to-date at all times. We will only collect and use personal information from You under our Privacy Policy and Legal Policy.

You are solely and exclusively responsible for any claims relating to any inaccurate, untimely or incomplete information provided by You.

5. Booking.

The Site lists many Tours, each Tour containing a description of the characteristics and items included, such as description and itinerary (“Tour Terms”). You may send a message to us with any inquiry about a certain Tour or to request a customized Tour. You may also choose to make a booking request to us for a particular Tour by clicking the “Book Now” button or any other button as may be modified. All Tours are invitations to You to make an offer to us, including for the last-minute bookings (“Instant Bookings”), which may be booked automatically without our acceptance. Once we accept and confirm your booking request, there is a binding contract between You and us.

You shall review the Tour Terms before making a booking request to us. Once your booking request is accepted by Us, You will be bound by the Tour Terms. These Terms and Conditions will prevail over the Tour Terms concerning your relationship with Bangladesh Unbound.

You understand and agree that due to the ongoing disruptions related to the Covid-19 Pandemic, the Tours itineraries may be subject to changes that are out of our control and the Guide or Driver.

6. Itineraries.

Itineraries are correct at publishing and may differ slightly from those featured online or in the brochure. Occasionally we make changes in our itineraries as we make improvements based on comments from past travelers and our research, or there are changes in the offerings from the operator(s) we use. If we cannot utilize a product, service or activity mentioned in our itinerary, a suitable alternative will be offered where possible.

Itineraries may vary and/or attraction(s) be substituted for any cause, including seasonal conditions, weather extremes, natural disasters, cultural issues, political issues, security reasons. All activities in individual itineraries are included unless otherwise stated as own expense.

7. Optional Activities.

In demand of any optional activities must be paid directly to us and are subject to seasonal conditions, operator availability and time constraints and are not guaranteed.

8. Payment.

We set up the Tour prices, which fully compensate the Guides and Drivers for their services. We may change the Tour prices without prior notice until a booking has been made. Tour Prices include all taxes. You will ensure that all payments to us are processed through the Site or such other means as Bangladesh Unbound may determine.

100% payment is required before your Tour/Service commencing date. Failure to adhere to the payment policy may result in the cancellation of your booking(s). 

For all the Tour(s)/Service(s) contracted, 50% advance payment should be made to hold the booking on a confirmed basis & the balance amount can be paid either before you depart from your country or upon arrival in Bangladesh but definitely before the commencement of the Tour(s)/Service(s).

Management personnel holds the right to decide upon the amount to be paid as advance payment, based on the nature of the tour(s)/service(s) & the time left for the commencement of the tour(s)/service(s).

Apart from the above in some cases like Special Transport Arrangements, Hotel or Resort Booking(s) during the peak season (X-Mas, New Year, Eid-Al-Fitr Holiday, Eid-Al-Adha Holiday, Gov.t Holiday etc.), full payment is required to be sent in advance.

Payment can be made through Wire Transfer or Direct Debit to our bank or Online. You can make payment of bookings by credit card or other forms of payment available through the Site. We do not store credit card information. Bangladesh Unbound uses a third-party service to process your payment information for all transactions made through Bangladesh Unbound. You authorize Bangladesh Unbound and its payment service partners to process your payments. These payment processing services are governed by the terms and conditions of those third-party services and will apply to the payments You make through their system.

Each Tour is displayed in its default currency. You may choose to pay for a Tour in other currencies available on the Site. You may select another currency when You search for Tours or make a booking request. Once You book a Tour, the Tour Price is fixed in such currency, even if exchange rates fluctuate between the time You book and the time You take your Tour. The exchange rates that the Site uses to convert Tour prices are set based on currency information services companies, plus a processing charge (3.5%) of your payments. Your bank or credit card company may apply different commissions and charges when selecting a currency other than your local currency.

9. Your Reviews.

You may have access to post Tours’ ratings and reviews (“Reviews”) and we may respond to such Reviews. By uploading, posting or otherwise making available your Reviews on or through the Site, You:

(a) Grant to Us a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to your Reviews to access, use, reproduce, display, perform, adapt, create derivative works, modify, distribute, and promote your Reviews in any form, anywhere, in connection with Bangladesh Unbound’ business, without your prior approval and/or notification. This license shall survive termination of your Traveler’s Account on the Site.

(b) Warrant and represent that You own or otherwise control all of the rights to your Reviews and that use of your Reviews by Bangladesh Unbound does not violate the rights of any third party;

(c) If your Reviews provided by You to Bangladesh Unbound violates the rights of a third party, You agree to indemnify Bangladesh Unbound against any losses and liabilities that may result from the action of such third party against Bangladesh Unbound;

(d) Understand that other users of the Site will access your Reviews. You will not upload, publish, and/or send any Review that:

(i) is fraudulent, false, or misleading;

(ii) is defamatory, obscene, vulgar or offensive;

(iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any Guide and/or user;

(iv) promotes illegal or harmful activities, or

(v) includes contact details.

We reserve the right to remove or modify, without prior notice, any Reviews alleged to infringe any intellectual property rights, or that violate these Terms and Conditions, and/or unpublish any Tours containing such Reviews.

Reviews reflect the opinions of the users of the Site and do not reflect the opinion of Bangladesh Unbound. Bangladesh Unbound may verify Reviews for accuracy but does not warrant they are correct or accurate. Bangladesh Unbound shall have no liability for Reviews or any claims resulting from such Reviews.

10. Cancellation & Refund.

You agree with the terms of the Cancellation Policy and understand that any cancellation by You or by Us, and any related refund, will be processed under the Cancellation Policy in force at the time of your booking.

Bangladesh Unbound may cancel any booking, in its sole discretion, if We believe in good faith that such cancellation is necessary to prevent or reduce any damages to any user of the Site and/or to Bangladesh Unbound. We will reimburse and/or refund You and/or the Guide or Driver or any Partner Service Provider under the reasons for cancellation and with the Cancellation Policy.

Refunds will be sent back to the original payment method used in making the booking. Depending on the bank’s processing time, it can take 15-20 business days for the refunds to reflect in your bank account or card balance.

Bangladesh Unbound and the Guides or the Drivers nor the Partner Service Providers are not responsible for any incidental expenses You and/or any other participant may have directly or indirectly incurred as a result of the booking of a Tour. These expenses include but are not limited to, the cost of visas, accommodation, vehicle rental, vaccinations, flights and/or loss of enjoyment.

11. “No One Left Behind” Shore Excursion Policy.

Our Site allows You to search and book shore excursion Tours, which are identified and marked as a shore excursion tour type on the Site (“Shore Excursions”). In the unlikely event that You miss your ship after a Shore Excursion, Bangladesh Unbound will arrange overnight accommodation and transportation to the next feasible port-of-call.

Bangladesh Unbound will not cover overnight accommodation and transportation to the next feasible port-of-call if You miss the ship due to preventable reasons within your control, for example, if You deviate from the agreed-upon itinerary, become ill, get arrested, or provide wrong ship departure information.

You shall not make any arrangements for accommodation and/or transportation on your own. You will contact Bangladesh Unbound to arrange your accommodation and transportation.

12. Conditions of Travel.

Bangladesh Unbound reserves the right to alter the route or itinerary of any of its tours to those advertised if necessary. No refunds will be given in these circumstances or in the event of any delay or alteration of a trip resulting from any cause including severe weather conditions or mechanical failure. Components of trips are weather dependant and Bangladesh Unbound cannot be held liable if trip components are not available on the day of travel. Bangladesh Unbound cannot guarantee to pick up or drop-off times and is not liable for passenger failure to connect with other services or any associated costs resulting from such delays. We accept no responsibility for loss or damage to personal belongings or baggage.

The Aboriginal components of our tours are subject to cultural conditions. Participants may be absent due to cultural commitments with minimal prior notification and Bangladesh Unbound reserves the right to amend the itinerary in these circumstances with no obligation to refund.

13. Rules of the Site.

You agree to the following provisions:

(a) Use of the Site. The Site shall be used for the purposes indicated herein and not for any illegal or unauthorized purposes. You may not use the Site to recruit, solicit, or contact Guides for business offers. Also, You may not use the Site to engage in harassing, stalking or any other inappropriate conduct.

(b) Contact Details. You agree not to give any personal contact details including full name, phone number, email, and/or social networks to the Guides before they accept a booking request.

(c) Communication with the Guides. You agree that all communications with the Guides and before the Tour (if necessary) will occur through the official channels. Bangladesh Unbound also handles customer service through telephone and email. Bangladesh Unbound reserves the right to monitor communications between You and the Guides and review and edit those communications in case they do not comply with these Terms and Conditions (like containing contact details or including offensive language). You are solely responsible for, and shall exercise caution and judgment, in using the Site and disclosing personal information to the Guides.

(d) Communication with Us. You agree that Bangladesh Unbound and the Guides may contact You via email, text messages, calls, and automated calls, to the phone number and email addresses You provide in your Traveler’s Account or otherwise provided to Us, to communicate to You, including but not limited to, any updates, changes, and/or important information related to any bookings.

(e) Guides’ Information. You agree that You will not use the Guide’s information for any purpose other than to participate in a Tour or connection to other services contracted through the Site.

(f) Customer Disputes. You agree to work in good faith with Bangladesh Unbound to address any customer disputes or complaints. If any issues cannot be resolved directly with the Guide, You may contact Bangladesh Unbound and we will attempt to help resolve the issue. We do not control the performance of the Guides nor their services but we will try our best to resolve any given dispute.

(g) Purchase of Goods During a Tour. You should exercise caution if you purchase any goods during a Tour. Bangladesh Unbound is not aware of any goods available for purchase during a Tour and does not make any claims about the quality, source or other provenance of any goods which may be available for purchase during a Tour.

(h) Unauthorized Access to the Site: You will not use the Site and/or Services in any manner that could damage, disable, overburden or impair the functioning of the Site, use data mining or any other method to extract data, apply reverse engineering or access areas of the Site which You are not authorized to access.

(i) Surveys. You agree that by submitting any ideas, suggestions, and/or opinions (“Opinions”) to Us through our surveys and/or any other alternative means You represent and warrant that you have all rights necessary to submit your Opinions and You hereby grant to Bangladesh Unbound a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to access, use, reproduce, display, perform, adapt, and distribute your Opinion in any form, anywhere, in connection with Bangladesh Unbound’ business, without your prior approval and/or notification. This license shall survive termination of your Traveler’s Account on the Site.

(j) Links to other Websites. The Site may contain links to third-party websites which are subject to different terms and conditions. We are not liable for, nor endorse, the content and/or services available through those websites. We recommend that You read and get familiarized with the terms and conditions of such websites.

14. Independent Contractor Relationship.

You understand, acknowledge and agree that all the Guides or Drivers or Service Providers are independent contractors and not employees (unless we confirmed), agents, joint venturers or partners of Bangladesh Unbound.

You hereby understand and expressly agree that Bangladesh Unbound direct or control the Guides or Drivers generally or in their performance during the Tours, including, but not limited to, quality, timing, legality or any other aspect whatsoever of the services delivered by the Guides and Drivers, nor the integrity, responsibility or any of the actions whatsoever of the Guides or Drivers.

15. Acceptance of Risk and Waiver of Liability.

We urge You to obtain suitable medical insurance before booking a Tour.

You acknowledge that all travel involves an element of risk. Also, some Tours may be adventurous and may involve a significant amount of personal risk. We encourage You to ask our Tour Specialists for information and fully educate yourself about any risks, skills and levels of fitness inherent to the Tour.

Also, We strongly encourage You to search for information about your destination to determine the level of risk when travelling to certain areas. We do not make any representation and/or warranty about any risk associated with any travel destination and We are not liable for any damage or loss that may arise out of, or in connection with, any such destination.

You hereby assume all such risk and You, your estate, your family, heirs and assigns hereby agree to release and hold harmless Bangladesh Unbound, its parent, subsidiaries, affiliates, directors, and employees (“Bangladesh Unbound”) from all liabilities and claims that arise from damages of every kind and nature, known and unknown, both pecuniary and non-pecuniary, including but not limited to, illness, bodily injury, disability and death to You and/or any other Tour participant, that may arise out of, or in connection with, the participation in a Tour.

Please note:

  1. Bangladesh Unbound act only in the capacity of agent for the hotels, airlines, transporters, railways, paddle steamer (Rocket) & contractors providing other services & all exchange orders, receipts, contracts & tickets issued by us are issued subject to terms & conditions under which these services are provided by them.

  2. All itineraries are sample itineraries, intended to give you a general idea of the likely trip schedule. Numerous factors such as weather, road conditions, the physical ability of the participants etc. may dictate itinerary changes either before the Tour or while on the trail. We reserve the right to change any schedule in the interest of the trip participants’ safety, comfort & general well-being.

  3. Our prices are based on the prevailing rates as negotiated by us with the hotels, airlines etc. Hotels, Airlines, Railways, Paddle Steamer (Rocket) authority retain the right to modify the rates without notice. In case of such changes, the rates quoted before the modification can be changed by us according to the modifications by hotels or airlines. All hotel bookings are based on the usual check-in and checkout time of the hotels until unless indicated in the itinerary.

  4. We shall not be responsible for any delays & alterations in the program or expenses incurred directly or indirectly due to natural hazards, flight cancellations, and accidents, breakdown of machinery or equipment, breakdown of transport, weather, sickness, landslides, political closures or any untoward incidents.

  5. We shall not be responsible for any loss, injury or damage to person, property, or otherwise in connection with any accommodation, transportation or other services, resulting directly or indirectly from any act of GOD, dangers, fire, accident, breakdown in machinery or equipment, breakdown of transport, wars, civil disturbances, strikes, riots, thefts, pilferages, epidemics, medical or custom department regulations, defaults, or any other causes beyond our control.

16. Minimum Passenger.

Tours require a minimum number of passengers to operate. Minimum passenger numbers differ between tours and operators and are subject to change at any time. In circumstances where minimum numbers have not been reached an alternative may be offered or a smaller vehicle used. If a tour is canceled due to minimum passenger numbers not being reached, passengers will be offered an alternate tour option or be provided with a full refund (please read Cancellation Policy for details).

17. Disclaimer.

THE BANGLADESH UNBOUND PUBLISH, CREATE, SELL, CONTROL, OFFER, DELIVER, OR SUPPLY ALL GUIDED TOURS. THE GUIDES ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES (UNLESS WE CONFIRMED) OF THE BANGLADESH UNBOUND.

ALTHOUGH WE PERFORM CERTAIN LIMITED SCREENINGS ON THE GUIDES, WE DO NOT GUARANTEE THE EFFICACY AND/OR ACCURACY OF SUCH A PROCESS AND, THEREFORE, WE DO NOT GUARANTEE THE RELIABILITY OF THE GUIDES. ALSO, WE MAY NOT CONDUCT IDENTITY VERIFICATIONS AND WE ARE NOT RESPONSIBLE FOR THE IDENTITY VERIFICATION OF ANY USERS OF THE SITE, INCLUDING THE GUIDES.

DUE TO THE NATURE OF BANGLADESH UNBOUND SERVICES, BANGLADESH UNBOUND DOES NOT GUARANTEE THE CONTINUOUS AND UNINTERRUPTED AVAILABILITY AND ACCESSIBILITY OF THE SITE. THE SITE IS PROVIDED ‘AS IS’ AND ‘AS AVAILABLE, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. BANGLADESH UNBOUND DOES NOT MAKE OR GIVE ANY REPRESENTATION OR WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT, QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. ALSO, BANGLADESH UNBOUND MAY RESTRICT THE AVAILABILITY OF THE SITE IF THIS IS NECESSARY FOR VIEW OF CAPACITY LIMITS, THE SECURITY OR INTEGRITY OF OUR SERVERS, OR TO CARRY OUT MAINTENANCE MEASURES FOR THE PROPER OR IMPROVED, MODIFIED OR ENHANCED FUNCTIONING OF THE SITE.

18. Travel Insurance.

Travel insurance is Not Included in the tour price. Bangladesh Unbound strongly recommends that passengers arrange their own travel insurance to cover against illness, injury, loss/damage to personal belongings and not being able to travel on the confirmed departure date. Visitors are advised to seek such insurance arrangements in their home country. All baggage & personal property(s) at all times are at the client’s risk.

19. Pick-Up & Drop-Off Points.

All pickup and drop-off locations and times published are an estimate only and are subject to change at short notice. Passengers will be advised of correct details at the time of reconfirmation.

20. Child Policy & Age Restrictions.

Children under 8 years of age are not recommended to travel on any tour. Individual request(s) may be considered on a case-by-case basis by Bangladesh Unbound. Children aged 8-12 years receive a discount on some tours, Children 12 years or older pay the full adult fare.

We respect the Senior Citizens of any country and that’s why senior citizens also receive a discount on some tours. But the amount is not fixed or will be decided by the management of Bangladesh Unbound. We reserve the right to accept or refuse or cancel any or all Senior Citizens Discount without notice and liability, at our sole discretion, for any reason or no reason.

21. Fitness & Participation.

Our tours are active and most require a reasonable level of mobility. Few locations we visit have wheelchair access.

Please note:

  1. Tours are conducted in remote areas with only basic facilities and limited communications links to the outside world.

  2. If you have any doubts about the suitability (of your clients), please check with Bangladesh Unbound as we reserve the right to assess suitability to participate at check-in.

  3. Guest(s) may be expected to help with the preparation of food, washing of dishes and general assistance as directed by the guide(s).

22. Meals.

Our emphasis is on fresh food wherever possible and our meals are nutritious and varied. We cater for vegetarian, vegan and gluten intolerance – please advise at time of booking.

23. Luggage.

Luggage must be kept to a Maximum of 30-Kgs in a backpack or suitcase or soft overnight bag with a small day pack for easy access to camera, sunblock etc. It is recommended to plan ahead and arrange to store bulky with Bangladesh Unbound.

24. Smoking.

Bangladesh Government regulations prohibit smoking in any public places, inside all tourist vehicles and general transportation in Bangladesh (smoking should be limited to designated stops and be done discreetly when in camp or as guide(s) advice.

N.B. Smoking is injurious to health. Smoking kills. Smoking causes cancer. Drinking is injurious to health.

25. Drinking.

Most of the places in Bangladesh are alcohol-free. It is prohibited to take alcohol on any tours. There are licensed venues in some districts where alcohol may be consumed on-premise. Takeaway alcohol requires a permit from the Department of Narcotics Control (DNC), Dhaka.

Please note:

Foreigners can take or carry only two (2) bottles (not exceed a total quantity of 2L) of liquor or wine individually with them while they are coming to Bangladesh only for their personal use. But you have to show the passport at Immigration or Customs checkpoint as proof of your nationality and may need to fill up and sign the declaration form(s).

N.B. Smoking is injurious to health. Smoking kills. Smoking causes cancer. Drinking is injurious to health.

26. Behavior.

Bangladesh Unbound may refuse to carry a person whose behavior is detrimental to the enjoyment of the group. By travelling with Bangladesh Unbound, you agree to accept the authority of the guide and accept their decisions. Staff members are entitled to a safe working environment and our passengers to a great travel experience.

Any threats to safety, being physical or verbal, or inappropriate behavior may result in removal from the trip. If a guide requires a passenger to leave the trip, no refunds will be given and that passenger will be responsible for their own travel costs and arrangements from that point.

27. Limitation of Liability.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT THE BANGLADESH UNBOUND SHALL EITHER BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, SPECIAL, EXEMPLARY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR LIABILITIES WHETHER IN ACTION BASED ON CONTRACT, WARRANTY, STRICT LIABILITY, TORT OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN BY SUCH PARTY.

IN NO EVENT SHALL THE BANGLADESH UNBOUND LIABILITY TO YOU OR ANY OTHER PERSON ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SITE EXCEED, IN THE AGGREGATE. THE LIMITATIONS IN THIS SECTION SHALL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY IN THIS AGREEMENT IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

28. Your Liability and Indemnification.

You agree to defend, indemnify, and hold harmless the Bangladesh Unbound from all liabilities, claims, losses and expenses, including attorney’s fees, that may arise, directly or indirectly from, as a result of or in connection with;

(i) your use of the Site and/or the Services and/or your participation in a Tour, including any damages, whether to persons or property, or death to any person,

(ii) your Reviews, and

(iii) any violation by You of these Terms and Conditions, including any infringement of any rights of third parties.

The Bangladesh Unbound reserves the right, at its own expense, to assume the exclusive defense and control of any claim subject to indemnification by You, in which case You agree to cooperate with the Bangladesh Unbound in asserting any available defenses.

29. Intellectual Property.

The Site is protected by copyright, trademark, and/or other laws. All trademarks and logos used on or in connection with the Site are trademarks or registered trademarks of Bangladesh Unbound.

You acknowledge and agree that the Site and all its components, texts, graphics, data, designs, look and feel, photographs, sounds, images, software, videos, and other content, including all associated intellectual property rights (“Proprietary Material”), are the exclusive property of Bangladesh Unbound and/or its licensors or authorizing third-parties, and is protected in all forms, media and technologies. You may not copy, download, use, edit or retransmit any Proprietary Material, in whole or in part, without the prior written permission of Bangladesh Unbound.

30. Force Majeure.

We shall be relieved from liability for partial or complete failure to fulfill obligations under these Terms and Conditions due to force majeure circumstances. In case of force majeure, We shall notify You of the commencement and cessation of circumstances preventing Us from fulfilling our obligations.

31. Amendments to the Terms.

Bangladesh Unbound may modify these Terms and Conditions from time to time at its sole discretion. If we make changes to these Terms and Conditions, we will post the updated Terms and Conditions on the 

Site. If You continue accessing the Site and using the Services, then You are deemed to have accepted the amended Terms and Conditions. If You do not agree to the amended Terms and Conditions, You will terminate these Terms and Conditions before the date they become effective and will stop accessing the Site and using our Services.

32. Term and Termination.

These Terms and Conditions will become effective immediately upon your use of the Site and/or our Services and shall remain effective unless terminated by either party as provided hereunder.

You may terminate these Terms and Conditions at any time by sending us an email, which shall be effective immediately upon delivery of such notice. If You terminate these Terms and Conditions, your account will be automatically canceled, all bookings from You will be canceled, and any refund and/or payment to the Guide will be made under the Cancellation Policy.

Bangladesh Unbound may terminate these Terms and Conditions for convenience at any time by sending You an email to your registered email address, which shall be effective immediately upon delivery of such notice. If We terminate these Terms and Conditions, We may cancel any of your bookings and refund You the amounts previously paid for those bookings. You will not be entitled to any compensation for termination and/or cancel bookings.

Bangladesh Unbound may, at its sole discretion and without notice, terminate these Terms and Conditions at any time, and/or cancel or limit your access to your account if You have materially breached any obligation under these Terms and Conditions.

When these Terms and Conditions have been terminated, You are not entitled to a restoration of your account and, if terminated by Bangladesh Unbound, You shall not apply for a new account or access and use the Site through another account.

In the event of termination or expiration, the following Sections shall survive Acceptance of Risk and Waiver of Liability, Disclaimer, Limitation of Liability; Your Responsibility and Indemnification, Term and Termination; and General Provisions.

33. General Provisions.

(a) Waiver. Failure by Bangladesh Unbound to enforce any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right.

(b) Governing Law. The Services are provided by Bangladesh Unbound. These Terms and Conditions, and all other aspects of the use of the Site, shall be governed by and construed under the laws of the Province of Sylhet, Bangladesh.

(c) Entire Agreement. Except for any additional terms included in the Site – excluding the Tour Terms, these Terms and Conditions constitute the entire agreement between You and Bangladesh Unbound concerning the subject matter of these Terms and Conditions.

(d) Severability. If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions shall remain valid and enforceable to the fullest extent possible and shall remain in full force and effect.

(e) Successors. These Terms and Conditions shall be binding on You and Bangladesh Unbound, and their successors and assigns.

(f) Notice. Any notice or other communication to be given hereunder will be in writing or electronic mail to any of the following addresses: to the Company: Suite # 2, Azadi 58 (Ground Floor), Mirboxtula, Sylhet 3100, Bangladesh and [email protected]; and to You: to the address and email listed in your Traveler’s Account.

(g) Litigation Class Action Waiver. To the extent allowed by applicable law, You agree that any proceeding to litigate in court any dispute arising out of, or relating to, these Terms and Conditions, will be conducted solely on an individual basis, and You agree not to seek to have any controversy, claim or dispute heard as a class action or any other type of representative proceeding.

(h) Dispute Resolution. You agree that You will attempt to resolve all disputes in the least onerous manner. If You and Bangladesh Unbound are not able to resolve disputes by agreement, then You agree to first mediate any dispute between the Parties to be conducted in Sylhet, Bangladesh, with mediation fees divided equally between You and Bangladesh Unbound. If litigation is commenced by either You or Bangladesh Unbound, You agree to submit to the exclusive jurisdiction of the judge’s courts of Sylhet, Bangladesh. You agree not to file a complaint or other commencement of litigation more than six (6) months after the relevant dispute arose.

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