Effective Date: September 13, 2024
Website Covered: contact@biyepati.com
Agreement:
The use of this website and its services, provided by BIYEPATI (OPC) Ltd. (referred to as the “Owner”), is subject to the following Terms & Conditions. These Terms & Conditions, along with the Privacy Policy, are incorporated by reference and govern your use of www.biyepati.com (the “Website”), including all pages and services offered through it.
By accessing the Website—whether directly or via a hyperlink—or by making a purchase, you are engaging with our Service and agree to abide by these Terms & Conditions. This applies to all users, including but not limited to vendors, buyers, customers, merchants, browsers, and content contributors.
Additionally, you acknowledge and consent that the Website may collect, use, and store your personal information as outlined in our Privacy Policy.
1) Definitions
The terms used in these Terms of Service are defined as follows:
a) Owner, Us, We:
The Owner is the creator, operator, and publisher of the Website, responsible for making the Website and its Services available to users. The terms “Owner,” “Us,” “We,” “Our,” and “Ours” refer to BIYEPATI (OPC) Ltd. , including its employees and affiliates.
b) You, the User, the Client:
The person using the Website is referred to as “You,” “Your,” “Yours,” “User,” or “Client.” In these Terms of Service, “User” applies to any individual or legal entity accessing the Website, and “Your” should be interpreted accordingly.
c) Parties:
Together, both the Owner and User will be referred to as the Parties in this agreement.
2) Assent & Acceptance
By accessing or using the Website, You confirm that You have read, understood, and agreed to these Terms and Conditions. If You do not agree, You should leave the Website immediately. The Owner provides access to the Website and its Services only if You accept these Terms and Conditions.
Additionally, depending on the specific Services You use, there may be additional terms and conditions that apply. These will be considered a separate agreement between You and the Owner.
3) About the Website
The Website operates as an online platform offering wedding decoration-related services. We reserve the right to decline service or refuse sales at our sole discretion, to any individual, for any reason, at any time.
The Website does not pre-screen or censor users who register or access it. You acknowledge and accept all risks associated with interacting with other users on the platform. By using this Website, You agree to engage only in lawful activities and not to violate the rights of others or interfere with their use of the Website.
4) License to Use the Website
Through Your use of the Website or its Services, the Owner may provide You with certain resources, including but not limited to documents, data, or materials developed by the Owner (“Owner Materials”). Under these Terms and Conditions, the Owner grants You a non-exclusive, limited, non-transferable, and revocable license to use these materials solely for purposes related to the Website and its Services. This license is automatically revoked if You stop using the Website or if these Terms of Service are terminated.
You agree not to collect user contact information, download, or copy any data from the Website for unsolicited communication or any other unauthorized purposes. Any misuse of the Website immediately terminates the permissions granted to You, and You agree not to bypasssecurity measures put in place by the Owner.
5) Intellectual Property
The Website, along with all Services and contents provided, remains the exclusive property ofthe Owner. This includes all copyrights, trademarks, trade secrets, patents, and other intellectual property rights (“Owner IP”).
You acknowledge that the Owner retains full ownership of all rights, title, and interests in the Owner IP. You agree not to use, reproduce, or distribute the Owner’s intellectual property in any form, including electronic distribution or unauthorized trademark registrations, without obtaining explicit written permission from the Owner.
6) Payment & Fees
If You choose to register for any paid Services or purchase products or services on this Website, You agree to pay the required fees for those Services or products. These charges (“Fees”) will be communicated to You during the registration or purchase confirmation process, and the final amount payable will be displayed before You complete the transaction.
We reserve the right to decline service or refuse sales at our sole discretion, to any individual, at any time, for any reason.
7) Acceptable Use
You agree not to use the Website or its Services for any illegal activities or any purposesrestricted by these Terms. You also agree not to use the Website in a manner that could harm the Website, its Services, or the Owner’s business operations.
Specifically, You must not:
- Harass, abuse, or threaten any individual or violate their legal rights.
- Infringe upon intellectual property rights belonging to the Owner or any third party.
- Upload or spread malware, viruses, or harmful software that could damage another person’s property.
- Engage in fraudulent activities.
- Participate in or create unlawful gambling, pyramid schemes, or sweepstakes.
- Publish or share obscene, defamatory, or inappropriate content.
- Distribute material that promotes violence, hate, or discrimination against any group.
- Collect personal information from others without authorization.
Prohibited Uses
You are strictly prohibited from using the Website or its content for:
(a) Any unlawful activity or to encourage others to engage in illegal acts.
(b) Soliciting participation in illegal activities.
(c) Infringing on intellectual property rights, including those of third parties, or violating rights related to privacy or publicity, whether knowingly or unknowingly.
(d) Violating any local, national, or international laws, regulations, or ordinances.
(e) Harassing, abusing, insulting, harming, defaming, slandering, intimidating, or discriminating against others based on gender, sexual orientation, religion, ethnicity, race, age, nationality, or disability.
(f) Submitting false, misleading, or offensive content, including defamatory, libelous, obscene, indecent, threatening, harassing, or pornographic material, content that exploits minors, facilitates human trafficking, or infringes on privacy and publicity rights.
(g) Uploading or transmitting malware, viruses, or malicious code that could harm the functionality of the Website, any related websites, or the Internet.
(h) Collecting or tracking personal information of other users without authorization.
(i) Damaging, disabling, or overloading the Website, or interfering with other users’ ability to use it.
(j) Spamming, phishing, pharming, pretexting, web crawling, scraping, or other unauthorized data collection methods.
(k) Engaging in immoral or obscene activities through the Website.
(l) Interfering with or attempting to bypass the Website’s security features or those of any related sites or networks.
(m) Making personal threats against other users or engaging in conduct that may be perceived as personally threatening.
We reserve the right to suspend or terminate Your access to the Website if You violate any of these prohibited activities.
Content Monitoring & Compliance
The Company has full authority to review all content posted by users on the Website. However, You acknowledge that the Website does not control or take responsibility for user-generated content. You bear sole responsibility for any material You upload, post, or transmit.
You agree not to share, upload, or distribute content for which You lack legal rights, such as copyrighted material belonging to another party.
Additionally, You must comply with all applicable laws and regulations regarding the use of the Website. You shall not transmit any content that is:
- Abusive, invasive of privacy, defamatory, obscene, vulgar, misleading, hateful, or unlawful
- Encouraging of criminal activity or civil liability
- Promoting illegal substances or controlled drugs
While we reserve the right to monitor, edit, or remove content that violates these Terms ans Conditions, we are not obligated to do so. Content that we determine to be unlawful, offensive, threatening, defamatory, obscene, or in violation of intellectual property rights may be removed at our sole discretion.
Additionally, You may not use our products or services for illegal or unauthorized purposes, including but not limited to violating copyright laws or any other regulations applicable in Your jurisdiction.
8) Communication
By accessing or using the Website in any manner, you acknowledge and agree to abide by these Terms and Conditions. In doing so, you confirm your interest in utilizing and purchasing the Services you have selected and consent to receiving communications from the Website, including but not limited to, phone calls or electronic records such as emails, which may include information regarding products and services offered by the Website, its affiliates, or partners. These communications may also include updates related to your needs. Communications may be delivered through notices posted on the Website. You agree that any communications sent by the Website will not be considered spam or bulk communications under any applicable laws in the country where such communication is received.
9) Privacy Information
In the course of using the Website and its Services, you may provide certain personal information to us. By continuing to use the Website or its Services, you authorize the Website owner to process and utilize your information within Bangladesh and in any other country where the Website operates.
a) Information We May Collect or Receive: Depending on how you use the Website or Services, we may collect information via external applications or web technologies such as cookies, log files, clear gifs, web beacons, or other similar tools.
b) How We Use Information: The information collected is primarily used to enhance your experience on the Website. Additionally, we may track certain passive information to improve our marketing strategies and analytical processes. In this regard, we may collaborate with third-party providers, including marketers.
c) How You Can Protect Your Information: If you wish to limit the information we collect through passive means, you may disable cookies in your web browser settings.
10) Sale of Goods/Services
The Website owner may act as an intermediary to facilitate the identification and procurement of goods or services from third-party vendors. In such cases, you acknowledge and agree that the Website owner does not hold ownership or any interest in the goods or services provided by these third-party vendors. Moreover, you agree that the Website owner shall not be held liable for any deficiencies or failures in the services provided by these third-party vendors. Payments for goods or services may be made by the Website owner on your behalf, with the understanding that such payments will be reimbursed by you at the actual amount incurred. By using the Website, you authorize the Website owner to make these payments to the third-party vendors on your behalf.
The services provided will be tailored to your specific requirements, and an order confirmation will be shared with you. Upon request, the Website owner will issue an invoice for the services rendered within 10 days of the completion of the event. Any amounts paid to third-party vendors by the Website owner on your behalf will be clearly itemized separately in the invoice.
11) Reverse Engineering & Security
You agree not to engage in any of the following activities:
- Attempting to reverse engineer or disassemble any software or code from the Website or Services.
- Compromising the security of the Website or Services through unauthorized access, bypassing encryption or other security mechanisms, data mining, or disrupting any host, user, or network.
12) Data Loss
The Owner does not guarantee the security of your account or content. By using the Website or Services, you acknowledge and accept that you do so at your own risk.
13) Indemnification
You agree to protect and indemnify the Owner and any associated affiliates by covering all legal claims and expenses, including reasonable attorney fees, that may arise due to your use or misuse of the Website or Services, your breach of these Terms, or your actions. The Owner reserves the right to select legal representation and participate in its own defense if deemed necessary.
14) Spam Policy
Using the Website or any of the Owner’s Services for illicit spam activities is strictly prohibited. This includes collecting personal information or email addresses from others or sending mass commercial emails.
15) Third-Party Links & Content
The Owner may occasionally provide links to third-party websites or services. You agree that the Owner is not responsible for any damage or loss resulting from your use of these third-party services.
16) Modification & Variation
The Owner reserves the right to modify these Terms & Conditions at any time without prior notice. You agree that any changes are effective immediately upon being posted on the Website and will replace any previous versions unless explicitly stated otherwise.
- If any section of these Terms is deemed invalid or unenforceable by a court, the prior valid version will remain enforceable to the maximum extent possible.
- You agree to regularly check these Terms & Conditions and note the Effective Date for updates. Clearing your cache is advised to avoid referencing an outdated version. Continued use of the Website after modifications indicates your acceptance of the revised Terms.
- Failure to monitor changes will be considered a waiver of your right to review the modified Terms.
17) Entire Agreement
This document represents the complete agreement between the Parties regarding the use of the Website. It overrides all prior written or oral agreements related to the same subject matter.
18) Service Interruptions
The Owner may temporarily suspend your access to the Website for maintenance or emergency services, whether scheduled or unscheduled. You acknowledge that such interruptions may occur unexpectedly and that the Owner is not liable for any resulting loss or damage.
19) Term, Termination & Suspension
The Owner may terminate these Terms & Conditions at any time, with or without cause. Termination may occur if you violate any conditions outlined in this document, such as infringing on intellectual property rights, failing to comply with legal obligations, or distributing illegal material. If you have an account with the Owner, you may request termination at any time. However, any outstanding fees must still be paid. Certain provisions will remain in effect even after termination if their nature implies ongoing enforceability.
20) No Warranties
By using the Website and Services, You acknowledge and agree that Your usage is entirely at Your own risk. All Services are provided “As Is,” without any express or implied warranties, including but not limited to implied warranties of merchantability or fitness for a particular purpose. The Owner does not guarantee that the Website or Services will meet Your expectations or that they will be free from interruptions, errors, or security issues. The reliability or accuracy of the information provided on the Website or through the Services is not guaranteed, and any resulting damage or data loss is solely Your responsibility.
All information, software, products, and related graphics on the Website are offered “as is” and “as available” without any warranties, either expressed or implied. This includes but is not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. The Owner does not endorse or recommend any products or services featured on the Website.
The Owner does not warrant that Website usage will be uninterrupted, secure, or error-free. Any content found on the Website is accessed at Your own risk. The Owner is not responsible for ensuring that products, services, or information available through the Website meet Your requirements.
The Website does not guarantee the accuracy, completeness, or usefulness of the information presented, including third-party advertisements or content. It is not responsible for inconsistencies arising from such content. The Owner is not liable for any third-party content or disputes between users or other parties. You agree to release the Owner from all claims, demands, and damages resulting from such interactions.
The Website may unintentionally publish incorrect information due to typographical errors or inaccuracies, including product descriptions, pricing, promotions, shipping charges, and availability. The Owner reserves the right to correct errors and update information at its discretion without prior notice, including canceling orders after submission.
The Owner has no obligation to update or clarify information on the Website unless required by law. Any omission to do so shall not be considered an admission of liability. The Website is not responsible for interactions between users or third parties and is not liable for damages arising from these interactions.
The Owner does not guarantee the Website’s immunity from unauthorized access or hacking. You accept responsibility for any unauthorized access or data alteration resulting from security breaches. The Owner is not liable for spam or unauthorized communications sent in its name without proper authorization.
The Website is not responsible for offensive, defamatory, or illegal content posted by third parties or for intellectual property rights infringement by others. It is not liable for any delay, cancellation, or unforeseen events beyond its control, including force majeure or governmental actions. No refunds will be provided for such circumstances.
Downloading content or materials from the Website is at Your own risk. The Owner is not responsible for any system damage or data loss resulting from such downloads. Certain jurisdictions may not allow the exclusion of warranties, so some of these exclusions may not apply to You.
Under no circumstances shall the Owner be liable for direct, indirect, punitive, incidental, special, consequential, or any other damages arising from Your use or inability to use the Website or Services. This includes, but is not limited to, loss of profits, data, or other intangible losses. If the Owner is found liable despite these limitations, its liability will not exceed 50% of the amount You paid to the Owner for the relevant transaction.
You accept full responsibility for safeguarding Your account and agree to indemnify the Owner against any actions arising from Your or others’ use of Your account. If You disagree with these Terms or are dissatisfied with the Website or Services, Your sole remedy is to cease using the Website.
21) Limitation On Liability
To the fullest extent permitted by law, the Owner shall not be held liable for any damages resulting from Your use of the Website or Services. This includes but is not limited to lost profits, consequential or punitive damages, negligence, fraud, or other torts. The maximum liability of the Owner is limited to the lesser of 1000 BDT or the total amount You paid to the Owner in the last six (6) months. This limitation applies to all claims made by You.
22) General Provisions:
a) Language: All communications or notices under these Terms & Conditions shall be in English.
b) Jurisdiction, Venue & Governing Law: By using the Website or Services, You agree that the laws of Bangladesh will govern any disputes related to these Terms & Conditions or any conflict between You and the Owner, excluding its conflict of law rules. In case of litigation as allowed by these Terms, both parties submit to the exclusive jurisdiction of the courts in Bogura , Bangladesh. This choice of law, venue, and jurisdiction is mandatory, and You waive any objections, including forum non-conveniens.
c) Assignment: You may not assign, sell, lease, or transfer this Agreement or the rights granted herein. If the Owner assigns, sells, leases, or transfers these Terms or its rights, the obligations and rights will extend to its assignees, successors, and executors.
d) Severability: If any part of these Terms is deemed invalid or unenforceable by a court or arbitrator, the remaining provisions will continue in full force to the maximum extent possible.
e) No Waiver: Failure to enforce any part of these Terms does not constitute a waiver of future enforcement of that or any other provision. Waivers of any section will not apply to other sections.
f) Headings For Convenience Only: Section headings are for organizational purposes only and do not affect the meaning of the provisions.
g) Force Majeure: The Owner is not responsible for non-performance due to causes beyond reasonable control, including natural disasters, government actions, civil unrest, or unforeseen events.
h) Electronic Communications Permitted: Both parties may communicate electronically under these Terms, including via email or fax. For questions or concerns, contact: contact@biyepati.com
23) Cancellation & Refund Policy
Changed your mind? We offer refunds according to our cancellation policy.
Cancelling Your Project
If You cancel Your project within 24 hours of paying the booking amount (10% of the project value), You are eligible for a full refund. However, no refund is available after 24 hours due to the time and effort invested by our design team.
Cancelling or Replacing Products in Your Order
During the design stage, You may replace or remove products listed in the tentative quotation while discussing designs with the team, i.e., before the Sales Order is created.
After the final order is placed (Sales Order created), cancellations, replacements, or modifications are not possible because each item is made to order. Rest assured, Your design team will review all items with You before placing final orders.
