The following terms and conditions, along with all other terms and legal notices located on www.bicavs.com (collectively, “Terms”), govern Your Use of www.bicavs.com (the “Website”). The website is owned and operated by Bangladesh Immigration Consultation and Visa Solutions (after this, referred to as “Company”).

These Terms of Use (“Terms”) constitute a legally binding agreement (“Agreement”) between the user who visits the website in connection with the use of our services or whose information the company otherwise receives in connection with the services provided through its education business (“You”) and the company governing your access to and use of the platform, including any subdomains thereof, and any other websites through which the website makes its services available (collectively, “Site”), our mobile, tablet and other smart device applications, and application program interfaces (collectively, “Application”). The Application and Site are collectively termed “Platform”.

Access to any part of the platform or any content downloaded from it is contingent on your acceptance of and compliance with these Terms and Privacy Policy. Do not use this platform if you do not understand and agree to be bound by all Terms and the Privacy Policy.

These terms are binding upon you and your heirs, representatives, successors and assigns, as applicable. The headings of the several articles and subdivisions of these terms are inserted solely for the convenience of reference and shall have no further meaning, force or effect.

Additionally, basis the services chosen, particular product-specific conditions may apply.

Table of contents:

1. ELIGIBILITY

2. REGISTRATION

3. PURPOSE

4. USE TO BE IN CONFORMITY WITH THE PURPOSE

5. USE OF PLATFORM

6. RESTRICTION REGARDING MATERIALS

7. DISCLAIMER FOR WEBSITES THAT WE LINK TO

8. PRIVACY

9. PAYMENT TERMS

10. DISCLAIMER OF WARRANTY

11. CONTENT AND LIABILITY DISCLAIMER

12. LICENSE DISCLAIMER

13. DISCLAIMER OF ONLINE AVAILABILITY, IMPRESSIONS, AND CLICK-THROUGH

14. PURCHASING AND ORDERING DISCLAIMER

15. YOUR RESPONSIBILITY AND DAMAGE LIMITS

16. INDEMNIFICATION

17. LIMITATION OF LIABILITY

18. TAXES

19. TERMINATION/SUSPENSION

20. MISCELLANEOUS

     a) AMENDMENT TO THESE TERMS

     b) DISPUTE SETTLEMENT

     c) LOCAL LAWS

     d) GOVERNING LAW AND JURISDICTION

     e) ENTIRE AGREEMENT

     f) SEVERABILITY

     g) ASSIGNMENT AND DELEGATION

     h) AVAILABILITY OF SERVICES

     i) DATA PROTECTION AMENDMENT

21. HOW YOU MAY CONTACT US

Eligibility

You represent and warrant that:

1. You can enter a valid, binding contract per the applicable laws. If you are a resident of the European Union, the minimum age for these purposes shall be 16; however, if local laws require that you must be older for the platform to provide the services the platform to you lawfully, then that older age shall apply as the applicable minimum age.

In all jurisdictions outside the European Union, if you are under 18 or the age of majority in your jurisdiction, you must use the platform under the supervision of your parent, legal guardian or responsible adult.

By accessing or using the platform, you represent and warrant that you fulfil the minimum age requirement and have the legal capacity and authority to enter into a contract as per the applicable laws.

You are not under any legal or other disability which limits your ability to comply with these terms or to install and use the products. Your purchase with minimal risk of harm to you or others. You further represent that you are not purchasing the products/services for resale to others and will not do so without the company’s prior written consent.

2. You can conduct the purpose “from now on defined” lawfully.

Registration/Submission of Application

On registering or submitting your application, you agree to:

• Make your contact details available to partners/business associates of the platform. You may be contacted by the venue or its partners for additional information and the registration process through email, telephone and SMS.
• Receive promotional mail/special offers from the platform or partner websites/applications. If you do not wish to be contacted by the platform, please modify the settings at the time of registration or submission of your application.
• Be contacted by Bangladesh Immigration Consultation and Visa Solutions following your settings.

Purpose

The platform is made available to help students and migration-interested people get details, discover & research colleges, courses, exams, immigration rules, visa policies and the scope of immigration of their interest and for related allied services. Platform also helps connect colleges/educational institutes/coaching centres, and more with prospective students who may be of interest to them. The Dream Destinations section of the platform also assists migration-interested people and students in completing and submitting their applications to different institutions or organisations abroad. (“Purpose”).

Use to conform with the purpose.

The platform (including the Platform and related Products) or service or product that you subscribe to or use (whether the same is paid for by You or not) is meant for the purpose and only your exclusive use. Copying or downloading or recreating, sharing passwords or sublicensing or sharing in any manner not under these terms is a misuse of the platform, service, or product. The company reserves its rights to act in such manner as to protect its loss of revenue or reputation or claim damages, including stopping your service or access and reporting to relevant authorities. In the event you are found to be copying or misusing or transmitting, scraping or crawling any data or photographs or graphics or any information available on the platform or service of the product for any purpose other than that being a bonafide purpose, we reserve the right to take such action that we deem fit including stopping access and claiming damages.

1. Accuracy and correctness of the information provided by you:

• Whilst using this platform, an obligation is cast upon you only to provide accurate and correct information. When creating a profile or submitting your details for assessments, you must always keep the lead up to date.
• We reserve the right to remove/suspend any content or profile providing false/incorrect, incomplete, or outdated information or masquerading/impersonating someone else.
• Keep your contact details up to date; wrong and false information by themselves can cause termination of services. Also, as a consequence, we may be unable to reach you.

2. Responsibility for content/activities:

• You are fully responsible for all activities under the account and any other actions taken with the platform. It is presumed that all activity on the platform is done after obtaining proper authorisations and all lawful permissions.
• The platform may contain links to third-party websites/apps, these links are provided solely as a convenience to you, and the presence of these links should not under any circumstances be considered as an endorsement of the contents of the same if you choose to access these websites/apps you do so at your own risk.

Use of the Platform

1. The platform and the services and products offered via the platform are meant for only legitimate and lawful uses that fall within the scope of the purpose and are meant only for your exclusive use. The company has the sole and absolute right to determine whether a specific type of action or use falls within the scope of the purpose.

2. The following actions will, among other things, constitute a misuse of the platform and are strictly prohibited:

     a. Copying, extracting, downloading, sharing, modifying, selling, storing, distributing, making derivate works from or otherwise exploiting any content, data, or information, including profiles, photographs or graphics, available on the platform or any services or products of the company, in any manner or for any purpose which is not, consistent with the purpose or under these terms. You are expressly prohibited from using or exploiting the platform or any content or data provided therein for (a) any commercial purposes without the prior written consent of the company or (b) undertaking any business activity which competes with the business of the company;

     b. Using or attempting to use any automated program, software or system or any similar or equivalent process (including spiders, robots, crawlers, browser plug-ins/extensions/add-ons, iframes on third-party sites, mirroring, HTML parsers and more) to access, navigate, search, copy, monitor, download, scrape, crawl or otherwise extract in any manner, any data or content from the platform;

     c. Modifying platform services or their appearance using any technology, overlying any additional offering on top of platform services, or simulating platform services or their functions in any manner whatsoever without explicit consent from the company.

     d. Gaining or attempting to gain unauthorised access (among other things by hacking, password “mining”, or any other means) to (a) any portion or feature of the platform or any of the services or products offered on or through the platform which are not intended for you; (b) any server, platform, program or computer systems of the company or any other third parties or users;

     e. Accessing the platform through interfaces other than those expressly provided by the company;

     f. Attempting to breach or breach any security or authentication measures set up by the company concerning the platform or trying to probe, scan or test the vulnerability of the company’s system or network;

     g. Scraping, downloading (including bulk-downloading), replicating or otherwise extracting any information or data from the platform (by any process, whether automatic or manual) to offer any products or services which are similar to or may in any manner compete with the products or services of the company;

     h. Reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to do any of those described above or deriving the source code for the site or application or any related technology or any part thereof;

     i. Circumventing or attempting to circumvent any technological protections used or employed by the company or any third party to protect the content on the platform or exclude robots, spiders, and more from crawling or scraping content from the platform.

     j. Interfering with or disrupting or attempting to interfere with or disrupt (including by using any device, software or routine) the use of the platform or any computer networks connected to the platform by any other User;

     k. Impersonating any other person or entity or making any misrepresentation as to your employment by or affiliation with any person or entity;

     l. Forging headers or in any manner manipulating identifiers to disguise the origin of any user information;

     m. Stalking, threatening, or in any manner harassing any other user;

     n. Imposing an unreasonable or disproportionately large load on the platform infrastructure;

     o. Engaging in “framing,” “mirroring,” or otherwise simulating the appearance or function of the platform (or any part thereof) and providing deep links into this platform (or any part thereof) without prior permission of the company;

     p. Spamming the platform/company or any other users, including by uploading, posting, emailing, transmitting, or otherwise making available, either directly or indirectly, any unsolicited bulk email or unsolicited commercial email.

     q. Hosting, modifying, uploading, posting, transmitting, publishing, or distributing any material or information that:

          i. Violates any applicable local, provincial, state, national or international law, statute, ordinance, rule or regulation for the time being in force;

         ii. Belongs to another person and to which you have no right;

         iii. Infringes, breaches, or otherwise contravenes the rights of the company or any third party, including any copyright, trademark, patent, rights of privacy or publicity or any other proprietary rights;

         iv. Contains computer viruses, or other computer code, files or programs designed to disrupt, destroy or interfere with or limit the functioning of the platform or any other computer system or resource;

         v. Is grossly harmful, harassing, invasive of another’s privacy, hateful, disparaging, relating to or encouraging money laundering or gambling in any manner, any content which is or may potentially be perceived as being harmful, threatening, abusive, harassing, defamatory, libellous, blasphemous, vulgar, pornographic, paedophilic, obscene, or racially, ethnically, or otherwise unlawful in any manner whatsoever;

         vi. Which constitutes or encourages conduct that would constitute a criminal offence, give rise to other liability, or otherwise violate applicable law;

         vii. That deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

         viii. That harms minors in any way;

         ix. That threatens Bangladesh’s unity, integrity, defence, security or sovereignty, friendly relations with foreign states, or public order, causes incitement to commission any cognisable offence, prevents investigation of any violation, or is insulting to any other nation.

Restrictions Regarding Materials

1. All information, documents, software, images, photographs, text, services and other similar materials (collectively, “Materials”) contained in this platform if provided by the company or its third-party authors, developers and vendors (“Third Party Providers”) and are capable of being so protected are the copyrighted work of a company or the third-party providers. Except as stated herein, none of the materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of the company or the third-party provider. No part of the platform, including logos, graphics, sounds or images, may be reproduced or retransmitted in any way, or by any means, without the prior express written permission of the company. You also may not, without Bangladesh Immigration Consultation and Visa Solutions‘s prior express written permission, “mirror” any materials contained on this platform on any other server.
2. Nothing on this platform shall be construed as conferring any license under any of Bangladesh Immigration Consultation and Visa Solutions‘s or any third-party provider’s intellectual property rights, whether by estoppels, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses.
3. Permission is granted to display, copy, distribute and download Bangladesh Immigration Consultation and Visa Solutions‘s materials on this platform provided that: (1) both the copyright notice identified below and this permission notice appear in the materials, (2) the use of such materials is solely for personal, non-commercial and informational use and will not be copied or posted on any networked computer or broadcast in any media, and (3) no modifications of any of the materials are made. This permission terminates automatically without notice if you breach any of these terms. Upon termination, you will immediately destroy any downloaded or printed materials. Any unauthorised use of any materials on this platform may violate copyright, trademark, and other related laws and have various legal consequences.
4. Materials provided by third-party providers have not been independently authenticated in whole or in part by the company. The platform does not offer, sell, license, or lease any materials other than those specifically identified as being provided by the company. The company is committed to respecting others’ intellectual property rights, and we ask our users to do the same. Company (from now on referred to as “We”) may, in its sole discretion, terminate or restrict the access rights of users who infringe or otherwise violate others’ intellectual property rights.

Disclaimer for websites that we link to

We use our best endeavours to ensure that:

• the websites/apps we select for inclusion in the platform work and continue to work correctly;
• their content remains acceptable and helpful; and
• their operation will not be injurious to our users’ devices.

We explicitly disclaim and will not accept any responsibility for any of the following in respect of the sites that we link to:

• Infection by computer viruses.
• Damage caused by downloaded software.
• Technical problems, failures and speed of operation.
• Libellous or illegal material
• The quality or truth of any material or advice that is offered.

Privacy

The Privacy Policy of the platform explains how we may use your data; we will at all times respect and ensure adherence to the privacy policy, additionally various settings are provided to help you to be able to control how others may be able to view your information as chosen by you to be displayed on your profile and how you may have selected to be contacted. Any feedback provided by a user shall be deemed non-confidential to the user.

Terms of conditions specific for educational institutions/colleges and more (as applicable):

• You will comply with all applicable data protection laws concerning the processing of personal data and not unlawfully process personal data excessively concerning agreed purposes as defined in the privacy policy and these terms and conditions
• You shall implement adequate technical and organisational controls to protect the shared personal data obtained from the company against unauthorised or unlawful processing and against accidental loss, destruction, damage, alteration or disclosure.
• You agree to provide reasonable assistance as is necessary to facilitate the handling of any data security breach (as applicable under GDPR or any other privacy law as appropriate) in an expeditious and compliant manner.
• You agree that the responsibility for complying with a data subject request lies with the party which holds/processes the personal data collected/shared.
• You warrant and represent that the institution shall not disclose or transfer personal data obtained from the company to any sub-processors without ensuring adequate and equivalent safeguards to the personal data.
• You shall retain or process shared personal data for no longer than is necessary to carry out the agreed purposes.

Platforms, educational institutions, and more (as applicable) would act as independent controllers in their respective capacities. For more details, please visit the data protection amendment.

Payment terms

YOU ARE REQUESTED TO HONOUR YOUR PAYMENT OBLIGATIONS TO THE COMPANY.

Payments for the platform’s services shall be on a 100% advance basis, but there has always been an exception. The service fee, once subscribed to by you, is not refundable, and any amount paid shall stand appropriated. Refunds, if any, will be at the company’s sole discretion.

The user now irrevocably accepts to receive the tax invoice as a soft copy through emails.

Notwithstanding anything contained in any other agreement or arrangement, by whatever name called, the performance obligation of the company (service provider) is to provide access to its online portal to the customer for the duration of the subscription period & reference to any usage, by whatever name called or any other performance obligation, if any, is to provide the upper limit for consumption, which by itself, does not create any additional performance obligation upon the company.

The company offers no guarantees for the accuracy or timeliness of the refunds reaching the customer’s card/bank accounts.

In the event of any suspension or termination of services on account of non-compliance with these terms of use, any payment made to the company by you shall stand forfeited immediately.

The user acknowledges and agrees that the company/platform, at its sole discretion and without prejudice to other rights and remedies that it may have under the applicable laws, shall be entitled to set off the amount excess paid by a subscriber/user against any amount(s) payable by the user to the company under any other agreement or commercial relationship towards other products/services. The company gives no guarantees of server uptime or applications working properly. All is on a best-effort basis, and liability is limited to the refund of the amount.

The user or customer shall be required to promptly provide a copy of the TWC certificate to the company as mandated under the law for tax deducted at source from the payments made to the company. Any loss on account of non-availment or disallowance of such TWC credit given any lapse as per this clause or as required under applicable law on the part of the user or customer shall entitle the company to seek reimbursement or indemnification.

Users buying the products online are redirected to third-party gateways to complete payment transactions. These transactions happen on a third-party network and hence are not controlled by the company.

A user, through his user identification, shall be solely responsible for carrying out any online or offline transaction involving credit cards/debit cards or other instruments or documents for making such transactions. The company assumes no responsibility or liability for their improper use of information relating to such usage of credit cards/debit cards used by the subscriber online/offline.

The company shall not be liable for any loss or damage sustained because of any disclosure (inadvertent or otherwise) of any information concerning the user’s account or information relating to or regarding online transactions using credit cards/debit cards or their verification process and particulars nor for any error, omission or inaccuracy concerning any information so disclosed and used whether or not in pursuance of a legal process or otherwise.

Disclaimer of warranty

The company expressly disclaims warranties of any kind for any use of or any access to the platform, to any material, information, links, or content presented on the web pages at the platform, to any external website linked to that, and to any outer material, information, links, or content related to it. The platform, and any material, information, links, and content presented on the web pages at the platform, as well as any external website and any external material, information, links, and content linked to it, are provided on an “as is” basis, without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose, or non-infringement. The company has no control over any external website or material, information, links, and content linked to the platform. Certain jurisdictions do not permit the exclusion of implied warranties, and the preceding exclusions of implied warranties may not apply to you. The platform and its internal web pages may be unavailable for online access from time to time and at any time; there are no guarantees and no warranties of online availability, impressions, and click-throughs. The entire risk as to the performance of, or non-performance of, or arising out of the use of, or the access of, or the lack of access to the platform, to any material, information, links, or content presented on the web pages at the platform, to any external website linked to it, or any outer material, information, links, or content related to it, is borne by the user, visitor, customer, or other person.

Content and liability disclaimer

The platform is an intermediary defined under the Information Technology and Communication Act 2006. For more details, visit http://bdlaws.minlaw.gov.bd/act-details-950.html?lang=en

The company shall not be responsible for any errors or omissions on any company website and reserves the right to make changes anytime without notice. Mention of non-Bangladesh Immigration Consultation and Visa Solutions products or services is provided for informational purposes only and constitutes neither an endorsement nor a recommendation by the company. All company and third-party information on any company platform is provided “as is”.

Views the users express are their own; Bangladesh Immigration Consultation and Visa Solutions do not endorse the same. No claim about the accuracy and correctness of the information on the site is made, although every attempt is made to ensure that the content is accurate. If any inaccuracy or otherwise improper content is sighted on the platform, please report it to report abuse.

This platform could include unintended inaccuracies or typographical errors. The company and the third-party providers may make improvements or changes in the products, services, programs, and prices described in this platform at any time without notice. Changes are periodically made to the forum.

The material, information, links, and content presented on and by this platform is general only and are not intended to address the specific circumstances, requirements, or any other needs of any particular individual or entity. It cannot be guaranteed that the material, information, links, and content presented on and by this platform is comprehensive, complete, accurate, sufficient, timely, or up to date for any particular purpose or use. The material, information, links, and content presented on and by this platform should not be considered professional, legal, business, financial, investment, or purchasing advice (if You need specific advice, you should always consult a suitably qualified professional). bicavs.com is sometimes linked to external platforms over which the company has no control and assumes no responsibility and is in no way acting as a publisher of material, information, links, and content on externally linked websites. Links may become invalid, expire, or misdirected at any time. Links are provided as a convenience and do not necessarily constitute, signify, or otherwise imply an endorsement by, or an endorsement for, or a relationship with, or connection to the company. The statements expressed on external linked websites are not those of the company, and users are advised that the company does not maintain editorial control over external linked websites or determine the appropriateness regarding the material, information, links, and content contained on external linked websites. The company has no control over any external website or material, information, links, and content related to the platform.

License disclaimer

Nothing on any company website shall be construed as conferring any license under any of Bangladesh Immigration Consultation and Visa Solutions‘s or any third party’s intellectual property rights, whether by estoppel, implication, or otherwise.

‘BANGLADESH IMMIGRATION CONSULTATION AND VISA SOLUTIONS’ DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, CONCERNING ANY INFORMATION (INCLUDING ANY SOFTWARE, PRODUCTS, OR SERVICES) PROVIDED ON ANY ‘ BANGLADESH IMMIGRATION CONSULTATION AND VISA SOLUTIONS ‘ PLATFORM, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Disclaimer of online availability, impressions, and click-through

In addition to the other disclaimers and limitations discussed in this notice, there are no guarantees and no warranties regarding online availability, impressions, and click-through of the website, its web pages, the application and any material, information, links, or content presented on the web pages that may be accessible through the platform. bicavs.com reserves the right, although it is under no obligation, to ensure that the company must approve advertising sponsors and advertising before the posting of any advertising material, information, links, content, banners, and graphics on the platform; however, the same may be reported by contacting us. Any advertising should be related to interactive digital television and related subject areas. The company reserves the right to accept or reject any advertising sponsor or any advertising for any reason.

Purchasing and Ordering Disclaimer

Make Your own decisions:

Suppose you are making or planning to make any decision, whether personal or business, based on the content on the site. In that case, you should conduct an independent verification before making your essential decision. For any listings or banners displaying any content related to educational products, you may contact the institution/individual directly. All decisions made would be entirely your prerogative, and the company does not claim to offer any legal or financial advice. The company doesn’t take any ownership, directly or indirectly, towards any person whatsoever concerning banners hosted on its platform by its customers, which are strictly like the sale of space by platform & it has not carried out any independent verification on the authenticity or compliance requirements, as may have been required under any law for the time being in force, of such images/banners/listings.

READ THESE TERMS. IN PURCHASING/SUBSCRIBING TO A PRODUCT/SERVICE OFFERED ON THIS PLATFORM, YOU ARE ADVISED TO READ THESE TERMS CAREFULLY BEFORE PROCEEDING FURTHER. YOU, AS A RESULT OF THIS, UNDERSTAND AND AGREE TO THE TERMS BELOW. IF YOU DO NOT UNDERSTAND AND AGREE WITH THESE TERMS, DO NOT PLACE AN ORDER FOR A PRODUCT/SERVICE.

PRICING. ALL PRICES ARE SUBJECT TO CHANGE WITHOUT NOTICE. EVERY EFFORT HAS BEEN MADE TO ENSURE ACCURATE PRICING OF THE PRODUCTS/SERVICES FEATURED ON OUR PLATFORM. IN THE EVENT A PART OR ACCESSORY IS ORDERED AND THE LISTED PRICE HAS CHANGED, YOU WILL BE NOTIFIED BEFORE OUR PROCESSING YOUR ORDER.

PURCHASE “AS IS.” ALL PRODUCTS/ SERVICES ARE PROVIDED BY THE COMPANY ON AN “AS IS” BASIS WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND FROM THE COMPANY, INCLUDING, WITHOUT LIMITATION NO WARRANTIES AS TO THE NATURE AND QUANTUM OF RESPONSES TO ANY BANNER OR LISTING DISPLAYED ON THE PLATFORM.

Your responsibility; damage limits.

YOU HAVE SOLE RESPONSIBILITY FOR THE USE OF THE PRODUCTS/SERVICES YOU PURCHASE THROUGH THIS PLATFORM. IN NO EVENT SHALL SHIKSHA.COM BE LIABLE TO YOU CONCERNING THE PRODUCTS/SERVICES OR YOUR USE, MISUSE OR INABILITY TO USE THE PRODUCTS FOR ANY (1) INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE); OR (2) DIRECT DAMAGES OVER THE AMOUNT YOU PAID THE COMPANY FOR THE APPLICABLE PRODUCT/ SERVICE.

Indemnification

BY ACCEPTING THESE TERMS OF USE, YOU AGREE TO INDEMNIFY AND OTHERWISE HOLD HARMLESS COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYERS, AGENTS, SUBSIDIARIES, AFFILIATES AND OTHER PARTNERS FROM ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF, RELATING TO, OR RESULTING FROM YOUR USE OF THE PLATFORM INCLUDING BUT NOT LIMITED TO INFORMATION PROVIDED BY YOU OR ANY OTHER MATTER RELATING TO THE PLATFORM. ANY REFERENCE TO DUTIES AND TAXES ETC, IN THESE TERMS OF USE SHALL INCLUDE GOODS OR SERVICES TAX (HEREIN REFERRED TO AS VAT). ANY ADDITIONAL TAX LIABILITY ARISING ON ACCOUNT OF VAT (WHETHER ON ACCOUNT OF A RATE INCREASE OR ANY OTHER CHANGE UNDER THE TAX REGIME) WOULD BE RECOVERED OVER AND ABOVE THE AGREED CONTRACT PRICE/ SERVICE FEE.

Limitation of liability

In no event and under no circumstances and no legal theory, tort, contract, or otherwise shall the company be liable, without limitation, for any damages whatsoever, including direct, indirect, incidental, consequential or punitive damages, arising out of any access to or any use of or any inability to access or use this platform including any material, information, links, and content accessed through this platform or any linked external website/application.

Unless otherwise specified and notwithstanding anything contained in any other agreement or arrangement, by whatever name called, the performance obligation of the company (service provider) is to provide access to its online portal to the customer for the duration of the subscription period & reference to any usage, by whatever name called or any other performance obligation, if any, is to provide the upper limit for consumption, which by itself, does not create any additional performance obligation upon the company.

Taxes

ANY REFERENCE TO DUTIES AND TAXES ETC, IN THESE TERMS OF USE, SHALL INCLUDE VALUE-ADDED TAX (VAT) AS PER LOCAL JURISDICTION OR ANY OTHER SIMILAR TAX OR DUTY, BY WHATEVER NAME CALLED (HEREIN REFERRED TO AS VAT) AND SHALL BE CHARGED IN ADDITION TO THE BASIC AMOUNT, FOLLOWING RESPECTIVE LAWS & REGULATIONS.

YOU ARE REQUIRED TO PROVIDE TRUE & CORRECT INFORMATION AS REQUIRED UNDER TAX LAWS, INCLUDING BUT NOT LIMITED TO SEZ UNIT OR USAGE THEREIN & BICAVS SHALL BE ENTITLED TO CONSIDER ANY INFORMATION AVAILABLE AS PER ITS RECORDS TO BE CORRECT & TRUE & DISCHARGE ITS TAX OBLIGATIONS ACCORDINGLY. IN CASE OF ANY DISCREPANCY OR CHANGE, THE USER IS REQUIRED PROMPTLY TO INTIMATE THE CORRECT OR UPDATED PARTICULARS TO THE COMPANY. THE COMPANY SHALL BE ENTITLED TO SEEK INDEMNIFICATION FROM USERS IF IT IS REQUIRED TO PAY ANY TAX, DUTY, FEE, INTEREST OR PENALTY BECAUSE OF INCORRECT OR INCOMPLETE INFORMATION OR DATA FURNISHED BY THE USER OR NOT GOT RECTIFIED/ UPDATED BY USER TIMELY.

Termination/ Suspension

Company may, without notice in its sole discretion, and at any time, terminate or restrict your use or access to the platform (or any part thereof) for any reason, including, without limitation, that the company, based on its judgement and perception believes you have violated or acted inconsistently with the letter or spirit of these terms of use.

Miscellaneous

Amendment to these Terms

COMPANY RESERVES ITS RIGHT TO AMEND/ALTER OR CHANGE ALL OR ANY DISCLAIMERS OR TERMS(S), OR CONDITION(S) OF AGREEMENTS AT ANY TIME WITHOUT ANY PRIOR NOTICE.

Businesses, the environment and technology evolve. To accommodate the changing nature of the environment in which we operate and to provide for any additional features that may be introduced in future, these terms may need modifications or additions. Such modifications or additions shall be effective immediately upon posting the modified terms of use on the site.

You are advised to review the modified terms of use periodically to be aware of such modifications or additions, and your continued access or use of the Site shall be deemed conclusive proof of your acceptance of these terms of use, as amended/modified from time to time.

Dispute Settlement

Suppose any dispute arises between a user/users and company arising out of the use of the platform or, after that, in connection with the validity, interpretation, implementation or alleged breach of any provision of these terms. In that case, the dispute shall be referred to a sole arbitrator, an independent and neutral third party identified by the company. The arbitrator’s decision shall be final and binding on both parties. The place of arbitration shall be Sylhet, Bangladesh. As amended, the Arbitration & Conciliation Act, 2001, shall govern the arbitration proceedings.

The company will not be a party to any legal proceedings between a user (e.g. a subscriber) and a party contacted through the site. If the company is made a party in any legal proceedings, costs will be recovered from the party whose behest the company is involved, to which it otherwise has no control. The company, however, will abide by any court order served on it through due process.

Local Laws

You are responsible for compliance with applicable local laws, including but not limited to other countries export and import regulations, while consuming the information and services available through the platform.

Governing Law and Jurisdiction

These terms shall be governed by the People’s Republic of Bangladesh laws. The exclusive forum for any disputes arising from or relating to these terms shall be a court of law in Sylhet, Bangladesh.

Entire Agreement

These terms of use, as amended occasionally, constitute the entire agreement between you and the company regarding the platform. These terms supersede all terms and conditions in any purchase order, order acknowledgement form, invoice or other business form you submit.

No advertisements, catalogues or other publications or written or oral statements regarding the platform’s performance permitted under these terms shall form part of these terms.

Severability

VOID PROVISIONS SHALL HAVE NO EFFECT ON THE VALIDITY OF OTHER PARTS OF THESE TERMS OF USE

Suppose any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction. In that case, such provision will be changed and interpreted to best accomplish the objectives of the original condition to the fullest extent allowed by law, and the remaining provisions of these terms shall remain in full force and effect.

Assignment and Delegation

You may not assign or delegate your rights under these terms or the limited license extended to you. Any assignment or delegation of these terms or any sub-licensing by you will be null and void if case any case of this nature is brought to our notice in addition to any other remedies that we may have under the law; we reserve our rights to claim damages and seek an injunction against you.

Availability of Services

Services are provided on a best-efforts basis on an AS IS and AS AVAILABLE basis; all are on a best efforts basis; however, there are no server uptime guarantees.

Any regulations, guidelines, legislations or lawful orders of a court or a quasi-judicial body may require us to change, alter or stop our services. Similarly, any force majeure events beyond our reasonable control may cause an interruption in the services.

Data Protection Amendment

In line with General Data Protection Regulation, the below-mentioned obligations are drafted, which will apply to both parties.

1. Definitions

For the clauses:

• “GDPR” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27th April 2016 on the protection of natural persons concerning the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC
• The “data exporter” shall mean the controller who transfers the personal data;
• The “data importer” shall mean the controller who agrees to receive from the data exporter personal data for further processing following the terms of these clauses and who is not subject to a third country’s system ensuring adequate protection;
• “Clauses” shall mean these contractual clauses, a free-standing document that does not incorporate commercial business terms established by the parties under separate commercial arrangements.
• “Data Protection Legislation” means the GDPR for as long as it is directly applicable in the European Union and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in Bangladesh, and then any successor legislation.
• “Data Subject” means a data subject defined by the Data Protection Legislation.
• “Personal Data” means personal data as defined by the Data Protection Legislation.

Note: The terms “data exporter” and “data importers” are strictly for use within the context of this amendment which should be interpreted only as defined above and does not carry the same meaning as defined under any other regulations.

2. Obligations of the data exporter

The data exporter warrants and undertakes that:

1. The personal data have been collected, processed and transferred under the laws applicable to the data exporter.
2. It has used reasonable efforts to determine that the data importer can satisfy its legal obligations under these clauses.
3. It will provide the data importer, when requested, with copies of relevant data protection laws or references to them (where applicable and not including legal advice) of the country where the data exporter is established.

3. Obligations of the data importer

The data importer warrants and undertakes that:

1. It will have in place appropriate technical and organisational measures to protect the personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access, and which provide a level of security appropriate to the risk represented by the processing and the nature of the data to be protected.
2. It will have procedures in place so that any third party it authorises to access the personal data, including processors, will respect and maintain the confidentiality and security of the personal data. Any person acting under the authority of the data importer, including a data processor, shall be obligated to process the personal data only on instructions from the data importer. This provision does not apply to persons authorised or required by law or regulation to access personal data.
3. It has no reason to believe, at the time of entering into these clauses, in the existence of any local laws that would substantially affect the guarantees provided for under these clauses. It will inform the data exporter (which will pass such notification on to the authority where required) if it becomes aware of any such laws.
4. It will process the personal data for purposes described in the privacy policy and terms and conditions and has the legal authority to give the warranties and fulfil the undertakings set out in these clauses.
5. It will identify to the data exporter a contact point within its organisation authorised to respond to enquiries concerning the processing of personal data. It will cooperate in good faith with the data exporter, the data subject and the authority concerning all such queries within a reasonable time.
6. It will not disclose or transfer the personal data to a third-party data controller without ensuring adequate and equivalent safeguards to the personal data.

4. Law applicable to the clauses

These clauses shall be governed by the law of the country where the data exporter is established.

5. Resolution of disputes with data subjects or the authority

1. In the event of a conflict or claim brought by a data subject or the authority concerning the processing of personal data against either or both parties, the parties will inform each other about any such disputes or claims. They will cooperate to settle them amicably in a timely fashion.
2. The parties agree to respond to any generally available non-binding mediation procedure initiated by a data subject or the authority. If they participate in the proceedings, the parties may elect to do so remotely (by telephone or other electronic means). The parties also agree to consider participating in any other arbitration, mediation or dispute resolution proceedings developed for data protection disputes.
3. Each party shall abide by a decision of a competent court of the data exporter’s country of establishment or the authority, which is final and against which no further appeal is possible.

6. Termination

1. 1. Suppose the data importer is in breach of its obligations under these clauses. In that case, the data exporter may temporarily suspend the transfer of personal data to the data importer until the violation is repaired or the contract is terminated.
   2. If:
      1. the data exporter has temporarily suspended the transfer of personal data to the data importer for longer than one month, according to paragraph (a);
      2. compliance by the data importer with these clauses would put it in breach of its legal or regulatory obligations in the country of import;
      3. the data importer is in substantial or persistent breach of any warranties or undertakings given by it under these clauses;
      4. a final decision against which no further appeal is possible of a competent court of the data exporter’s country of establishment or the authority rules that there has been a breach of the clauses by the data importer or the data exporter; or
      5. a petition is presented for the administration or winding up of the data importer, whether in its personal or business capacity, which petition is not dismissed within the applicable period for such dismissal under applicable law; a winding up order is made; a receiver is appointed over any of its assets; a trustee in bankruptcy is assigned, if the data importer is an individual; a company voluntary arrangement is commenced by it; or any equivalent event in any jurisdiction occurs then the data exporter, without prejudice to any other rights which it may have against the data importer, shall be entitled to terminate these clauses, in which case the authority shall be informed where required. In circumstances covered by (i), (ii), or (iv) above, the data importer may also terminate these clauses.
   3. Either party may terminate these clauses if (i) any commission favourable adequacy decision under Article 25(6) of Directive 95/46/EC (or any superseding text) is issued concerning the country (or a sector thereof) to which the data is transferred and processed by the data importer, or (ii) Directive 95/46/EC (or any superseding text) becomes directly applicable in such country.
   4. The parties agree that the termination of these clauses at any time, in any circumstances and for whatever reason (except for termination under clause VI(c)) does not exempt them from the obligations or conditions under the clauses regarding the processing of the personal data transferred.

7. Description of the Transfer

The details of the transfer and the personal data are specified in the privacy policy and terms and conditions.

How You may contact us:

YOU MAY CONTACT US BY APPROACHING US AT bicavs4u@gmail.com