Cansly — Terms of Service

This website is operated by Cansly Digital, a sole proprietorship registered in Bangladesh, trading as "Cansly". The terms "Cansly", "We", "Us" and "Our" are used only to refer Cansly Digital. All information, tools and services which are used or concerns Cansly carrying out of business, and are publicly available at the Platform. Please read this Terms and Conditions carefully before accessing or using our Platform. If you do not agree to all the terms of policy, then you must not access the website or use any of the services.

By visiting our website/platform and/or purchasing something from us, you become a user of the Platform and engage in our services. Such engagement will consecutively mean the user agreeing to be bound by the terms and conditions stated below (also referred to as “Terms of Service”, or “Terms of Use” or “Terms” or “Terms and Conditions”), including those additional terms & conditions and policies referenced herein and/or available by hyperlink on the website. These Terms of Service apply to all users of the website including, but not limited to, users who are browsers, vendors, customers, merchants, affiliations and/ or contributors of content. Cansly may assign any of its rights and obligations under these Terms.

Any new addition of features, service or tools shall also be deemed to be subject to the Terms of Service in force. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. Therefore, in order to stay updated on the Terms, please check this page periodically for changes. Your continued use of, or access to the website, following the posting of any changes constitutes acceptance of those changes.

1. Definitions & Interpretation

• 1.1 In this Terms the following expressions shall have (save where the context otherwise requires) the meanings respectively attributed to them:

"Platform" shall mean the Cansly website, storefront, vendor panel, mobile applications, APIs, software, content and all related services operated by Cansly.

"Account" means the unique registered profile created by a User on the Platform to access Cansly’s services, place or fulfill Orders, and, in the case of Vendors, manage Product listings and view their ledger balance, which reflects funds held by Cansly’s payment service provider on the Vendor’s behalf and not by Cansly. Each Account is associated with the identity and verification information provided during registration.

"Service" means any digital service, subscription, licence, activation, top-up, gift card, redeem code, game key, digital account, access credential, fulfilment, or any other digital product or service offered by a Vendor through the Platform.

"User", "you", "your" shall mean any person or entity that accesses or uses the Platform in any capacity, including Buyers, Vendors, visitors and account holders.

"Buyer" shall mean a User who purchases or seeks to purchase a Product.

"Vendor" shall mean a User approved by Cansly to list and sell Products in its Platform.

"Product/Digital Product" shall mean any digital good, servicem content, item, subscription, licence, activation, top-up, gift card, redeem code, game key, digital account, access credential, or other digital product or service, including any related digital fulfilment, offered by a Vendor through the Platform.

"Order" shall mean a transaction for a Product placed through the Platform.

"PSP" shall mean a payment service provider, including Moneybag and authorized international payment gateway providers.

"Buyer Protection Window" shall mean the Twenty-Four (24) hour window during which a Buyer may raise a dispute in relation to an Order and request a refund

"Policies" shall mean the Privacy & Cookie Policy, Refund Policy, Buyer Policy, Vendor Policy & Vendor Agreement, the Prohibited Items & Services Policy (Section 12), the Acceptable Use Policy (Section 13), and any other rules, policies, schedules or notices Cansly publishes, each incorporated into and forming part of these Terms by reference.

"Business Day/Working Day" means any day other than a Friday, Saturday or public

holiday in Bangladesh.

"Content" means all text, graphics, software, images, videos, audio, data, code, trademarks, logos, listings and other materials made available through the Platform.

"Cansly Parties" shall mean the Cansly Digital and its proprietor, owners, officers, employees, agents, contractors, advisers, licensors and service providers (including PSPs and hosting providers), each of whom is an intended third party beneficiary of Sections 13,14,15,16 and 17 of this Term.

"Losses" shall mean all claims, demands, actions, proceedings, liabilities, damages, fines, penalties, charges, costs and expenses (including legal and collection costs on a full-indemnity basis).

"Transaction" means any Order, purchase, sale, payment, refund, withdrawal or other activity conducted through the Platform.

"Boost Fees" shall means and include search boost and homepage boost, Cansly Plus subscription fees, Cansly Pro subscription fees, and withdrawal fees are non-refundable once charged, as they relate to services already rendered, including promotional placement, subscription access during the applicable billing period, or the processing of a withdrawal transaction, rather than the purchase of a Product.

"Applicable Law(s)" shall means all laws, by-laws, statutes, rules, regulations, orders, ordinances, notifications, protocols, treaties, codes, guidelines, policies, directions, judgments, decrees or other requirements or official directive of any governmental authority or person acting under the authority of any governmental authority and/or of any statutory authority whether in effect on the date of this Term or thereafter.“Terms

of Service”, or “Terms of Use” or “Terms” or “Terms and Conditions" means all the terms and conditions contained in this policy.

• 1.2 Interpretation: Headings are used for convenience only and do not affect interpretation. The words "including", "such as" and "for example" are illustrative and shall not be construed as limiting the generality of the words preceding them. The words importing the singular include the plural and vice versa. References to any statute include amendments and re-enactments. A reference to "writing" includes electronic communications. References to a person include an individual, company, corporation, partnership, limited liability partnership, sole proprietorship, trust, association, governmental authority and any other legal or commercial entity. References to "Clauses", "Sections", "Policies", "Schedules", or similar references are references to those contained in or incorporated into these Terms unless expressly stated otherwise. Any obligation not to do something includes an obligation not to permit, assist or procure that thing to be done. References to "may" confer a discretion and shall not impose an obligation, while "shall" and "must" impose mandatory obligations. Any reference to a time period shall be calculated according to the official time in Bangladesh unless expressly stated otherwise. No rule of construction requiring ambiguity to be resolved against the drafter applies to these Terms; the parties acknowledge that these Terms were available for review and accepted voluntarily .

• 1.3 Electronic Records: You acknowledge and agree that electronic records, electronic communications, electronic signatures, click-wrap acceptance, account activity, Platform logs, audit trails and other electronic records maintained by Cansly or its service providers may be relied upon as evidence of your instructions, acceptance of these Terms, Transactions, communications and other activities conducted through the Platform, to the fullest extent permitted by applicable law

Order of precedence : In the event of any inconsistency or conflict between the Terms and any Policy, these Terms prevail over the Policies unless the relevant Policy expressly provides otherwise for a specific subject. The parties shall, to the fullest extent reasonably possible, interpret these Terms and the Policies harmoniously so as to give effect to all provisions. Where interpretation is required, any reasonable interpretation adopted by Cansly in good faith shall be binding and conclusive as between the parties, except to the extent prohibited by applicable law.

2. Acceptance, Eligibility & Binding Effect

• 2.1 Acceptance: By clicking to accept, creating an account, accessing, browsing, or using the Platform in any way, you agree to and are bound by these Terms and all Policies. If you accept on behalf of an entity, you warrant you are authorised to bind by it. Your electronic acceptance and continued use are recorded and are valid, binding and enforceable evidence of your agreement.

• 2.2 Eligibility: To purchase, transact, or otherwise use the Platform, you must be at least 18 (Eighteen) years of age, possess full legal capacity to enter into binding contracts under applicable law, and successfully register and maintain a valid Account. Vendors must additionally complete identity verification (KYC) and be approved by Cansly.

You must not be a person barred under any Applicable Law and must not be a previously suspended, banned, or terminated User attempting to re-access the Platform.

• 2.3 Warranty: You represent and warrant that all information submitted to Cansly is true, accurate, complete, current, lawfully obtained, and belongs to you. You shall promptly update any information that becomes inaccurate, outdated, incomplete, or misleading. Cansly reserves the right, at any time and without liability, to request additional information, documentation, verification procedures, biometric verification, identity confirmation, proof of address, proof of ownership of payment instruments, or any other information reasonably required to verify your identity, assess risk, comply with legal obligations, or protect the Platform and its Users.

Failure to meet the above or any inaccurate or unverifiable information, may result in any of the enforcement measures set out in Section 18 (Rights Reserved), including reporting to relevant authorities.

• 2.4 Conspicuous acknowledgment: YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS, THAT YOU HAVE HAD THE OPPORTUNITY TO OBTAIN INDEPENDENT LEGAL ADVICE, THAT THE ALLOCATION OF RISK IN THESE TERMS IS REASONABLE AND REFLECTED IN THE FEES, AND THAT YOU ARE NOT RELYING ON ANY STATEMENT, REPRESENTATION OR WARRANTY NOT EXPRESSLY SET OUT IN THESE TERMS.

3. Account Registration & Security

• 3.1 You must register an account for transacting through the Platform. Every Vendor account must originate from a linked Buyer account.

• 3.2 You are solely responsible for: (a) maintaining the confidentiality and security of your account credentials; (b) all activity conducted through your account, whether or not authorised by you; and (c) keeping your contact and payout details accurate and up-to date. We may treat any action taken through your account as your authorised act, and you bear the consequences of failing to secure your account.

• 3.3 You must notify us immediately at support@cansly.net of any unauthorised use or suspected compromise. We may require two-factor authentication, password reconfirmation, device verification, and holds on payout-account changes, and may suspend access pending verification.

• 3.4 We may collect and use device and browser fingerprints, IP addresses and location signals for security and fraud prevention, and may take action under Section 18 against accounts indicating multi-accounting, evasion or fraud. You consent to these measures as a condition of access.

• 3.5 Unless expressly authorised by Cansly in writing, each individual or legal entity may maintain only one account. Creating, maintaining, or using multiple accounts to circumvent Platform rules, restrictions, fees, penalties, holds, suspensions, or bans constitutes a material breach of these Terms.

3 Nature of the Platform

• 3.6 Cansly operates solely as an intermediary marketplace platform that facilitates connections between Buyers and Vendors. Cansly is not the seller, supplier, manufacturer, distributor, importer, exporter, reseller, or owner of any Product or Service offered through the Platform unless expressly stated otherwise. All agreements formed shall be strictly between Buyers and Vendors with no liability on Cansly apart from Cansly’s right to platform fee and enforce compliance with the terms that Cansly stipulates to form an agreement. As such any act or omission of either Buyer or Vendor causing any damage or loss to Cansly will entitle Cansly to seek full indemnification.

• 3.7 All contracts of sale, purchases, transactions, representations, warranties, obligations, and disputes relating to any Product or Service are exclusively between the Buyer and the applicable Vendor. The Vendor, and not Cansly, is solely responsible for the listing, sale, delivery, quality, legality, safety, authenticity, performance, and compliance of any Product or Service.

• 3.8 By engaging in any transaction through the Platform, Buyers acknowledge and accept that they transact directly with Vendors and assume all risks associated with evaluating, selecting, purchasing, receiving, using, or relying upon any Product, Service, Vendor, listing, representation, or transaction facilitated through the Platform.

• 3.9 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CANSLY SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE ACTS OR OMISSIONS OF ANY USER, FOR ANY PRODUCT OR SERVICE, OR FOR ANY DISPUTE BETWEEN USERS, EXCEPT TO THE LIMITED EXTENT OF ITS DISCRETIONARY DISPUTE-RESOLUTION ROLE AS EXPRESSLY DESCRIBED IN THESE TERMS AND THE BUYER POLICY .

The buyer-protection mechanism and dispute-resolution process are discretionary services provided by Cansly for the convenience of Users.

5. Fees, Commission & Charges

• 5.1 Use of the Platform is subject to the following fees and charges, exclusive of applicable taxes (Vendor tax obligations are addressed in the Vendor Policy). ALL FEES, COMMISSIONS AND CHARGES ARE EARNED WHEN APPLIED AND ARE NON-REFUNDABLE EXCEPT WHERE THESE TERMS, THE REFUND POLICY, OR NON-EXCLUDABLE LAW EXPRESSLY REQUIRE OTHERWISE.

Buyer platform fee: The 2.5% buyer platform fee is added on top of the Product price at checkout, is fully earned on placement, and is non-refundable on Orders that the Buyer confirmed complete or that auto-completed without a dispute. It is refunded only as the stated exception in full-refund and failed-delivery outcomes under the Refund Policy.

5.3 Seller commission: Seller commission is calculated solely on the Product price only and excludes the buyer platform fee. The applicable commission is earned upon placement of the relevant Order and deducted from the Vendor's earnings. Commission rates, including tierbased, customised, promotional, or penalty rates, shall be determined by Cansly in accordance with the Vendor Policy and may be amended from time to time.

5.4 Withdrawal fee : A flat withdrawal fee of BDT 29 applies to each withdrawal regardless of amount, deducted from the gross withdrawal. A PSP may charge an additional processing cost depending on the payout method; that additional cost is separate and borne by the Vendor.

5.5 Boosts and subscriptions: Listing boosts and subscriptions must be purchased separately via Moneybag or other approved external payment methods, and may not be paid using any account balance maintained on the Platform. All such charges are

payable in advance, and — except where non-excludable law requires otherwise are NON-REFUNDABLE, INCLUDING FOR UNUSED TIME, DOWNGRADE, SUSPENSION OR TERMINATION. Boosts do not auto-renew and subscriptions renew monthly until cancelled.

5.6 Set-off and deduction: You irrevocably authorise Cansly and its PSPs to exercise the set-off and recovery rights described in Section 18 against fees, commissions, charges, refunds, penalties, liquidated damage and other amounts owed. Amounts owed to Cansly that cannot be set off are payable on demand and bear the consequences in Sections 16 to 18.

5.7 Cansly may introduce, increase, decrease, modify or remove any fee, rate, threshold or charge at any time under Section 19 (Modifications to Terms), which also governs how and whensuch changes take effect and are deemed accepted.

6. Payments & Fund Handling (PSP Holds Funds)

• 6.1 CANSLY NEVER TAKES CUSTODY OF CUSTOMER PAYMENT FUNDS. All Buyer payments are processed and held by a licensed PSP — Moneybag (local/BDT) or authorized international payment gateways — under the PSP's payment-hold arrangement until release conditions are met. Cansly maintains only a ledger record reflecting the PSP-held balance. This structure aligns with Bangladesh Bank's payment-service-provider and payment-protection requirements for digital commerce. Accordingly, Cansly is not an escrow agent, trustee, deposit-taker or custodian, and bears no custodial or fiduciary liability for funds. Cansly does not operate a Buyer wallet, stored-value facility, or top-up system, and Buyers make payments directly to the applicable PSP at checkout. Cansly does not collect or store payment card information, and all card payment processing is performed exclusively within the secure systems of the relevant PSP. Any payment notifications or webhooks received by Cansly are authenticated using HMAC signature verification.

7. Orders & Delivery

• 7.1 An Order is created on placement and processed once the PSP confirms payment. Any automated pre-delivery fraud checks run or high-risk Orders are held until checks are completed. The delivery of the Products is generally automatic and instant from the Vendor's stock pool unless or until the Products are delivered manually by the Vendor.

• 7.2 On delivery the Buyer have a 24-hour Buyer-Protection Window to confirm or dispute. This is the only window in which a dispute may be raised. If the buyer confirm, the Order completes immediately. If the Buyer does nothing, it autocompletes on expiry, funds release to the Vendor, and the Order is final (except where

Cansly opens a dispute for detected fraud). Where a complaint is submitted by a Buyer, Cansly shall duly record the complaint and, within 72 (Seventy-Two) hours of receipt thereof, communicate to the Buyer the steps taken, or proposed to be taken, in relation to the resolution of such complaint

1. If a Vendor's stock pool is empty at purchase and delivery cannot complete, the Vendor (or Cansly) must fulfil within the time stated in the Vendor Policy; failing which the system automatically refunds the Buyer in full to the original payment method, cancels the Order, and credits no earnings to the Vendor.

• 8.1 Delivery, confirmation, dispute and refund mechanics are governed in detail by the Buyer Policy, Vendor Policy and Refund Policy.

9. Products

• 9.1 All Products and Services available through the Platform are offered exclusively in digital form unless expressly stated otherwise. The availability of any Product or Service is subject to change at any time and may be limited by quantity, licence, subscription, region, or other restrictions imposed by the applicable Vendor or by law. Cansly makes reasonable efforts to ensure that Product listings accurately reproduce the information, descriptions, specifications, previews, screenshots, images, pricing, and other content supplied by Vendors. However, due to differences in devices, operating systems, software versions, display settings, internet connectivity, or other technical factors, the appearance, functionality, compatibility, or performance of a digital Product or Service may vary from the manner in which it is displayed on the Platform. Accordingly, Cansly does not warrant that any Product or Service will appear, function, or perform identically across all devices or environments.

• 9.2 Unless expressly identified as the seller, Cansly does not independently verify the accuracy, legality, quality or functionality of Products (see Section 4.2 on Vendor responsibility). Any representation regarding a Product is made solely by the applicable Vendor. Your remedies are limited to those expressly provided under these Terms and the Refund Policy.

• 9.3 Cansly reserves the right, but is under no obligation, to restrict or refuse the sale or availability of any Product or Service to any person, account, geographic region, or jurisdiction where required by law, regulatory requirements, technical limitations, or legitimate business reasons. Cansly may also limit the quantity, duration, licence, subscription, or availability of any Product or Service, modify or remove any listing, amend Product descriptions or pricing, or discontinue the availability of any Product or Service on the Platform at any time and without prior notice.

10. User Content & Licence

• 10.1 "User Content" means anything you submit to the Platform, including listings, descriptions, images, custom fields, reviews, ratings, messages, dispute submissions and support communications.

• 10.2 You retain ownership of your User Content. You grant Cansly a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, fully paid-up, sublicensable and transferable licence** to host, store, use, reproduce, adapt, modify (for formatting, moderation and security), publish, display, distribute, translate and otherwise exploit your User Content for operating, promoting, securing, enforcing and improving the Platform and our business. This licence survives termination for content we are entitled or required to retain.

• 10.3 You represent and warrant that you own or have all rights to grant this licence, and that your User Content is accurate, lawful and non-infringing (indemnification for breach of this warranty is addressed in Section 17.1(b)).

• 10.4 Cansly may at its sole discretion review, moderate, edit, refuse, remove or disable any User Content at our discretion, without liability. Reviews must be genuine and based on a completed Order; manipulation of reviews or ratings is prohibited.

10.5 Intellectual Property

• 10.6Cansly is the sole owner or lawful licensee of all the rights and interests in the website and its contents. The website and its contents embody trade secrets and other intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the website and its contents shall remain with Cansly, our affiliates or licensors, as the case may be. All rights not otherwise claimed under the Terms and Conditions or by Cansly are hereby reserved.

• 10.7Cansly’s marks and other marks indicated on the website are trademarks or registered trademarks in the relevant jurisdiction(s). The graphics, logos, page headers, button icons, scripts and service names are the trademarks may not be used in connection with any product or service that does not belong to Cansly or in any manner that is likely to cause confusion among Buyers, or in any manner that disparages or discredits Cansly. All other trademarks that appear on this website are the property of their respective Vendors, who may or may not be affiliated with, connected to, or sponsored by Cansly.

• 10.8Cansly may have independent third parties involved in the provision of the website (e.g., the authentication and verification service providers). You may not use any trademark, service mark or logo of such independent third parties without prior written approval from such parties

10.4 Any IP-infringement notices may be sent to legal@cansly.net with adequate detail. We may remove content and terminate repeat infringers at our discretion.

11. Third party links

• 11.1 Most, products and services available via our website may include wholly or partly, materials from third-parties only for the purpose of providing Buyers with better service. Cansly may allow you to access to content, products or services offered by such third parties through hyperlinks (in the form of word link, banners, channels or otherwise), or otherwise to such third parties' web sites. Before accessing or using those sites, you are cautioned to read such web sites' terms and conditions and/or privacy policies. You acknowledge that Cansly has no control over such third parties' web sites, does not monitor such websites, and shall not be responsible or liable to anyone for such websites, or any content, products or services made available on or through such websites.

• 11.2 Third-party links on this website may direct you to third-party websites that are not affiliated with us. We are neither responsible for examining or evaluating the content or accuracy, nor do we warrant any liability for third-party materials, website content, services or any other materials from third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please carefully review the third-party's policies and practices and make sure you understand them before you engage in any transaction. Any complaints, claims, concerns, or questions regarding third-party products or services should be directed to the thirdparty.

12. Prohibited Items & Services

• 12.1 The following Products, Services, listings, activities and conduct are strictly prohibited on the Platform. This list is illustrative and non-exhaustive. Cansly may, in its sole discretion, take enforcement action under Section 18 against any Product, Service, listing, account or activity that it considers to be unlawful, harmful, fraudulent, deceptive, inappropriate, or otherwise inconsistent with these Terms.

(a) Prohibited Products and Services

You must not list, advertise, offer, sell, solicit, distribute or otherwise transact in relation to:

(i) any Product or Service that is unlawful under the laws of Bangladesh or any other applicable jurisdiction, including any controlled substances, prohibited weapons, regulated financial instruments or any other item whose sale or distribution is prohibited by law;

(ii) stolen, fraudulently obtained, carded, charged-back, leaked, cracked or otherwise unlawfully obtained digital Products, accounts, licences, activation keys, access credentials or other digital goods;

(iii) hacked, hijacked, shared or unauthorised accounts, credentials or subscriptions, or any Product or Service that the Vendor is not legally authorised to sell, transfer or licence, including any item obtained in breach of a third party's contractual terms or terms of service;

(iv) counterfeit, pirated or otherwise infringing software, digital content, media, licences, subscriptions or other Products, including cheats, exploits, hacks, bots, modifications or tools that violate applicable law or the terms of any third-party platform or service;

(v) any Product or Service that infringes or misappropriates any intellectual property right, contractual right, privacy right, publicity right or any other right of any person;

(vi) malware, viruses, trojans, worms, ransomware, spyware, phishing kits, exploits, malicious code, stresser or booter services, or any Product or Service designed to compromise, damage, disrupt, gain unauthorised access to, or facilitate offences against any computer system, network or data;

(vii) third-party personal information, identity documents, authentication credentials, payment credentials, government-issued identification, confidential information or other data that the Vendor is not lawfully authorised to disclose or transfer;

(viii) gambling services, money transmission services, currency exchange services, investment or financial services, payment services or any other regulated activity requiring a licence, registration or regulatory approval that the Vendor does not possess;

(ix) any Product or Service intended to facilitate fraud, identity theft, money laundering, tax evasion, sanctions evasion, deceptive practices or the circumvention of the Platform's fees, payment systems, security measures, monitoring systems or geographic restrictions;

(x) any content involving the sexual exploitation of minors or any content that exploits, abuses or endangers minors. Such content is strictly prohibited, will result in immediate and permanent account termination, and may be reported to the appropriate law enforcement or regulatory authorities; or

(xi) any other Product or Service that Cansly reasonably considers to be unlawful, unsafe, deceptive, unethical or otherwise unsuitable for the Platform.

(b) Prohibited Conduct

You must not:

• (i) use the Platform for any unlawful, fraudulent, deceptive or unauthorised purpose or encourage, assist or induce any other person to do so;

• (ii) violate any applicable international, national or local law, regulation, rule or governmental requirement;

• (iii) infringe, misappropriate or otherwise violate the intellectual property or other proprietary rights of Cansly or any third party;

• (iv) harass, abuse, threaten, intimidate, bully, defame, disparage, discriminate against, or otherwise harm any person;

• (v) submit, publish or communicate any false, inaccurate, misleading or deceptive information;

• (vi) upload, transmit or distribute any virus, trojan, worm, logic bomb, malicious code or other harmful technology, or otherwise interfere with the operation, security or integrity of the Platform or any connected system;

• (vii) collect, scrape, harvest, monitor, track or otherwise obtain personal information or Platform content through automated or manual means without Cansly's prior written consent;

• (viii) spam, phish, pretext, crawl, scrape or otherwise misuse the Platform or its infrastructure;

• (ix) submit, publish or disclose another person's personal, confidential or proprietary information without lawful authority or consent, including payment information, identity documents, non-public contact details or authentication credentials;

• (x) place fake Orders, abuse the ordering system or intentionally refuse delivery after confirming an Order without a legitimate reason;

• (xi) copy, reproduce, download, modify, republish, distribute, license, sell, commercially exploit or create derivative works from any content, database, directory, listing or other material available on the Platform, except as expressly permitted by these Terms;

• (xii) use any content or data obtained from the Platform to develop, operate or support any competing business or service;

• (xiii) attempt to undermine, test or circumvent the security, integrity or operation of the Platform or gain unauthorised access to any account, computer system or network;

• (xiv) systematically retrieve Platform content, whether manually or through robots, spiders, crawlers, scripts or other automated means, to create or compile any database, directory or collection without Cansly's prior written consent; or

• (xv) otherwise use the Platform or its content in any manner not expressly authorised by these Terms.

Any breach of this Section constitutes a material breach of these Terms and may result in Cansly taking any enforcement action available under Section 18 (Rights Reserved), in addition to any other rights or remedies available under these Terms or Applicable Law.

13. Acceptable Use Policy

• 13.1 You must not or attempt to:

  • i) share, request, or exchange phone numbers, email addresses, social media accounts, external links, payment details, or any other contact information for the purpose of conducting transactions outside the Platform. You must not arrange off-Platform transactions or participate in any scheme intended to bypass the Platform, including "cancel and repurchase" arrangements. Cansly may use automated systems to detect and restrict such conduct and may impose enforcement measures, including content blocking, warnings, messaging restrictions, account limitations, suspension, or termination.

• ii) defraud, deceive or harm any User or Cansly, or misrepresent any Product, identity or transaction;

• iii) initiate a chargeback or payment reversal without first using and exhausting the on-Platform dispute process;

• iv) abuse the dispute, refund, review, boost, subscription or buyer-protection systems (including false disputes, using a code then claiming it was invalid, or manipulating ratings);

• v) use bots, scrapers, automation or multiple accounts to evade limits, fees, penalties, holds, suspensions or bans, or to manipulate the Platform;

• vi) circumvent geo-restrictions, fraud controls or security measures (including via VPN/proxy);

• vii) upload malware, attack, overload, probe, or disrupt the Platform, or attempt unauthorised access;

• viii) harass, threaten or abuse Users or staff, or post unlawful, infringing or harmful content;

• ix) use the Platform for money laundering, sanctions evasion, tax evasion, or any unlawful purpose.

Cansly may use automated systems to detect and restrict such conduct and may impose enforcement measures, including content blocking, warnings, messaging restrictions, account limitations, suspension, or terminationAny breach of this Section constitutes a material breach of these Terms and may result in enforcement action under Section 18 (Rights Reserved). As mentioned in Section 13.1(i) Off-Platform transactions are not covered by Buyer Protection or the Platform’s dispute resolution process.

14. Sanctions, Export & Anti-Money-Laundering Compliance

You represent that you are not subject to applicable sanctions and will not use the Platform in breach of sanctions, export-control, anti-money-laundering or counter-terrorist-financing laws. We may screen, monitor, request source-of-funds/goods information, delay or refuse transactions or payouts, freeze balances, file reports, and cooperate with authorities where we suspect non-compliance.

15. Disclaimers

• 15.1 We do not guarantee, represent or warrant that your use of our website will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be free from error obtained from the use of the website will be accurate or reliable. You must understand that, from time to time we may remove the website for indefinite periods of time at any time, without prior notice to you.

• 15.2 You expressly agree that your use of, or inability to use the website is solely your risk. The website and all products and services delivered to you through the website are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and noninfringement.

• 15.3 It must also be stated that, in the event any of Cansly’s products carry a warranty, the user can avail the warranty directly at relevant Vendor or through Cansly as well.

15.4 We do not warrant that fraud controls, the buyer-protection mechanism, or the dispute system will detect or prevent all fraud or resolve any dispute to a User's satisfaction; these are discretionary services.

15.5 No advice or information, oral or written, obtained from Cansly creates any warranty not expressly stated here.

16. Limitation on liability

• 16.1 To the fullest extent permitted by Applicable Law, the Cansly Parties shall not be liable for any indirect, incidental, consequential, special, exemplary or punitive damages, or for any loss of profit, revenue, business, goodwill, opportunity, anticipated savings or data, whether arising in contract, tort (including negligence), statute or otherwise, even if advised of the possibility of such damages

• 16.2 The Platform may make available to User services or products provided by independent third parties. No warranty or representation is made with regard to such services or products. In no event shall Cansly or its affiliates be held liable for any such services or products

• 16.3 Without limiting Section 4 (Nature of the Platform), Cansly shall additionally not be liable for any damages resulting for any of the following:

a) the use or the inability to use the website;

b) any defect in digital products, data, information or services purchased or obtained from a user or any other third party through the website;

c) violation of third-party rights or claims or demands that the users’ manufacture, importation, exportation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the website or through the website may violate or may be asserted to violate third party rights;

d) claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by third party rights claimants;

e) unauthorized access by third parties to data or private information of any user;

f) statements or conduct of any user of the website;

g) any matters relating to the website, however arising, including negligence;

All purchases/sales made Off-Platform are against these Terms and are not covered by any protection offered by Cansly (see Section 13.1(i)).

16.4 To the maximum extent permitted by law, the Cansly Parties' total aggregate liability for all claims arising out of or related to the platform or a transaction shall not exceed the total fees and commission actually earned and retained by Cansly from the specific transaction giving rise to the claim (or, where no transaction is identifiable, the

fees Cansly earned from you in the three (3) months before the event giving rise to the claim). This is an aggregate cap, not per-claim.

16.5 The Cansly Parties are not liable for acts, omissions, delays, outages or failures of PSPs, banks, payment networks or other payment infrastructure..

16.6 The exclusions and cap in this Section: (a) apply to the fullest extent permitted by law; (b) reflect a reasonable allocation of risk and are a basis of the bargain; (c) apply even if a remedy fails of its essential purpose; and (d) survive termination. They do not limit liability that cannot lawfully be limited. Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited under applicable law, including any non-excludable statutory consumer rights.

17. Indemnification

• 17.1 You agree to defend, indemnify and hold harmless the Cansly Parties from and against any and all Losses arising out of or related to: (a) your access to or use of the Platform; (b) your User Content, listings or Products; (c) your breach of these Terms, any Policy, or any Applicable Law; (d) any transaction to which you are a party; (e) your infringement or misappropriation of any third-party right; (f) any tax obligation that is yours; (g) any chargeback, reversal, dispute or claim connected with your activity; and (h) your negligence, fraud or wilful misconduct.

• 17.2 As a user of the website and the services therein, you agree to indemnify, defend and hold harmless Cansly, the Cansly Parties, and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, vendors, interns and employees, harmless from any claim or demand, including reasonable lawyers’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or any documents they incorporate by reference, or your violation of any law or the rights of a third-party. you’re the indemnity is in addition to, and not limited by, any liability cap (which protects only the Cansly Parties). This Section survives termination.

18. Rights Reserved

• 18.1 In addition to all other rights, Cansly may, at its sole discretion and without prior notice or liability:

i) suspend, restrict, throttle or terminate any account, listing, Order, balance, or access;

ii) hold, freeze, reverse, set off, withhold, forfeit and claw back funds, balances, earnings and payouts (including future earnings) where it suspects or identifies fraud, abuse, breach, chargeback or chargeback exposure, dispute exposure, prohibited items, or amounts owed, or to comply with law;

iii) cancel or hold Orders and withdrawals in the event of any fraud, abuse of the Platform, breach of any of its policies, dispute risk, prohibited items, amount due or for any legal compliance as is reasonable at the discretion of Cansly;

iii) monitor, filter, log, review, retain and disclose communications and activity;

• apply penalties, commission penalties and liquidated damages under the Vendor Policy;

• refuse, remove or edit listings, content and reviews;

• modify, limit or discontinue any feature, tier, benefit, fee or part of the Platform;

• investigate suspected violations and cooperate with authorities, PSPs and payment networks;

• refuse service to anyone for any lawful reason.

18.2 Funds, balances or gains obtained through fraud, prohibited items, chargeback abuse, or material breach are forfeited to the extent of Cansly's Losses and recovery costs, recoverable under the set-off right in Section 18.1(ii).

18.3 Where a refund, penalty, clawback or liability exceeds a Vendor's available balance, Cansly may apply the shortfall against current and future earnings (as per Section 18.1(ii)) and pursue the Vendor (and any person who controlled the account) for the difference, plus collection costs. Cansly may, but need not, absorb a shortfall and recover it separately.

18.4 You acknowledge that breach of any of the sections herein or in other policies, or misuse of the Platform, may cause irreparable harm for which damages are inadequate, and that Cansly is entitled to seek injunctive and other equitable relief, impose penalty, without the need to post bond or prove actual damages**, in addition to all other remedies.

18.5 Our exercise or non-exercise of any right is not a waiver. These rights are cumulative and survive termination. You release the Cansly Parties from claims arising from any good-faith exercise of these rights, to the maximum extent permitted by law.

19. Modifications to Terms

19.1 Cansly may modify these Terms, the Policies, fees, commission rates, thresholds, tiers, benefits and any feature at any time, at our discretion.

19.2 We will update the "last updated" date and, for material changes, provide notice by a reasonable method (in-Platform notice or email). Changes take effect when posted or on the date stated.

19.3 Your continued use after a change takes effect is acceptance. If you do not agree, your sole and exclusive remedy is to stop using the Platform and close your account, subject to settlement of open matters. No amendment by you is effective unless agreed by Cansly in writing.

20. Releases & Covenant Not to Sue

20.1 Consistent with the marketplace structure described in Section 4, you release the Cansly Parties from any Losses arising out of or relating to your dealings with any other User, any Product, any Transaction, or any dispute between Users. Your remedy for such matters lies solely against the relevant User and not against the Cansly Parties, except where expressly provided under these Terms or applicable law.

20.2 You agree not to commence or maintain any claim, action or proceeding against the Cansly Parties otherwise than strictly in accordance with Dispute Resolution procedure, and you agree that any claim brought in breach of these Terms (including in breach of the arbitration clause, forum clause, class-action waiver, or limitation

period) entitles Cansly to immediate dismissal, stay, or strike-out, and to recover its full legal and other costs from you on an indemnity basis.

• 20.3 You covenant not to initiate any chargeback, reversal or bank dispute without first exhausting the on-Platform dispute process. Any such chargeback is a breach; Cansly may contest it, recover the disputed amount, any PSP/penalty fees, and its handling and legal costs, and impose the liquidated chargeback-handling charge in the Vendor Policy / Refund Policy.

• 20.4 To the extent any release requires it, you expressly waive any provision of law that would otherwise preserve claims unknown to you at the time of release, to the maximum extent permitted by law.

21. Dispute Resolution

If any dispute arises relating to the website, in the first instance, please contact Cansly at support@cansly.net and legal@cansly.net and attempt to resolve the dispute with Cansly informally.

For any sort of problem arising out of the sale transaction including the arrival of the sale products, faulty products, unauthorized payment etc., the users must report the issue to us within 3 (Three) days from the date of receipt of the products and the reply should be provided at the earliest possible time.

If the dispute is not settled by the users within such time as mentioned in the relevant policy, Cansly will try to settle the dispute by way of mediation through the mediation resolution process. Cansly shall not bear any costs arising out as such. Any and all actionable legal claim or proceedings arising out of, or in connection to this website, must be brought within the jurisdiction of a competent court in Bangladesh.

Nothing prevents a consumer from exercising any non-waivable statutory right, including escalation to the Directorate of National Consumer Rights Protection (DNCRP) or other competent authority.

22. Miscellaneous

22.1 Force Majeure : The Cansly Parties are not liable for any failure or delay caused by events beyond their reasonable control, including acts of God, natural disaster, fire, flood, epidemic or pandemic, war, terrorism, civil unrest, strike, government or regulatory action or change, court order, sanctions, power or telecommunications failure, internet or hosting outage, PSP or bank failure, cyber-attack, or third-party failure.

22.2 Severability: In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. However, such determination shall not affect the validity and enforceability of any other remaining provisions.

22.3 No waiver: No failure or delay in exercising any right is a waiver, and no single or partial exercise precludes further exercise.

22.4 Assignment : You may not assign or transfer these Terms or any right or obligation without Cansly’s prior written consent; any purported assignment is void. We may assign or transfer freely, including in a merger, sale, financing or reorganisation.

22.5 No agency or third-party beneficiaries : Nothing creates any partnership, employment, agency, joint venture or fiduciary relationship.

22.6 Notices : Notices to you may be given by in-Platform notice, email to your registered address, or posting. Notices to Cansly must be sent to legal@cansly.net and are effective on acknowledged receipt.

22.7 Survival : Sections 1, 4.4, 5.6, 6.1, 8.2, 9, 10, 11, 13, 14, 15, 16, 18, 19, 20 and any provision that by its nature should survive, survive termination.

22.8 Entire agreement : These Terms with the incorporated Policies are the entire agreement between you and Cansly regarding the Platform and supersede all prior or contemporaneous understandings, representations and agreements.

22.9 Language: These Terms are issued in English; any translation is for convenience only and the English version prevails

23. Contact

Cansly Digital 1211/1/CHA/F, East Jurain, Faridabad, Kadamtali, Dhaka-1204, Bangladesh Privacy / DPO / Legal notices: legal@cansly.net Support: support@cansly.net Phone: +880 1601-400668

If your complaint remains unresolved after our internal process, you may exercise any nonexcludable statutory right, including escalation to the Directorate of National Consumer Rights Protection (DNCRP), Bangladesh.

These Terms are the property of Cansly Digital. © Cansly Digital. All rights reserved. Unauthorised reproduction or distribution is prohibited.