বেপারি

Bepaari is a website, mobile application, and related services company that provides for the consumption and publication of written and audio-based digital content. These General Terms of Use (the “Terms”) set out the terms and conditions by which Bepaari offers you access to use and enjoy bepaari.com (the “Site”), the Bepaari mobile application (the “App”), andall services provided by Bepaari ( the “Services”). 

Bepaari is owned and operated in the Bangladesh byBepaari.

The term “Account” refers to a basic Bepaari account maintained by an individual User or a single entity (“You”, “User”, or, collectively, “Users”).  The terms “Subscription,” “Subscription Membership,” and “Membership” apply to any paid subscription that allows Account holders to access premium and exclusive content (“Subscription Content”).

The following General Terms of Use is a legal contract between You, either an individual User or a single entity, and Bepaari regarding Your use of the Site and Apps. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In that case, “You” and “Your” will refer to the entity.

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY.  BY REGISTERING FOR, ACCESSING, BROWSING, POSTING,DOWNLOADING FROM, SUBSCRIBING TO, OR USING Bepaari, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO BE BOUND BY, THE FOLLOWING TERMS.  IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF Bepaari IN THE MANNER DESCRIBED IN SECTION 12.2 BELOW. ARBITRATION NOTICE: UNLESS YOU OPT OUT OF ARBITRATION WITHIN 30 DAYS OF THE DATE THAT YOU FIRST AGREE TO THESE TERMS BY FOLLOWING THE OPT-OUT PROCEDURE SPECIFIED IN THE “DISPUTE RESOLUTION” SECTION BELOW, AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE “DISPUTE RESOLUTION” SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND Bepaari WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU ARE WAIVING YOUR RIGHT TO LITIGATION PROCEEDING.

1. Eligibility

Bepaari is not available to persons under the age of majority in their place of residence or to any Users whose access to Bepaari was administratively suspended or revoked. If You are using or opening an Account on behalf of a company, legal entity, or organization (collectively “Entity”), then You represent and warrant that You are an authorized representative of that Entity with the authority to bind such organization to these Terms; and agree to be bound by these Terms on behalf of the Entity.  BY USING Bepaari, YOU REPRESENT THAT You meet the eligibility requirements in this Section. In any case, You affirm that You are at least 13 years old, as Bepaari is not intended for children under 13. 

2. Privacy; Additional Terms.

Your privacy is important to us. Our Privacy Policy is hereby incorporated into these Terms by reference.  Please read our Privacy Policy carefully for information on how we collect, use, and disclose Your personal information. You acknowledge and agree that your use of the Services is subject to our Privacy Policy.

The Subscriber Agreement is also hereby incorporated into these Terms by reference

3. Individual Features and Services.

When using Bepaari, You will be subject to any additional posted guidelines, rules, and notices applicable to specific services and features which may be posted from time to time (the“Guidelines”).  All such Guidelines are hereby incorporated by reference into these Terms.

4. Subscription

Bepaari offers access to premium and exclusive content by means of a Subscription.  A Subscription entitles You to access an unlimited number of ebooks and audiobooks during the subscription period.  Your access to the applicable content and related purchase transaction are subject to the Subscriber Agreement. 

5. Modification of these Terms and Services.

Bepaari reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms, or any additional terms and notices, including the Subscriber Agreement and the Prohibited ActivityPolicy at any time.  If we do so, we will inform You either by posting the modified Terms here or through other communications.  Your continued use of Bepaari after the posting of changes constitutes Your binding acceptance of such changes.  We may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

6. Copyright Act, 2000

Bepaari respects copyright law and expects its users to do the same. It is Bepaari’s policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.

7. Bepaari License Grant.

  • 7.1 License Grant to Bepaari Mobile App
    Subject to Your compliance with these Terms, Bepaari grants to You a limited, non-exclusive, non-transferable, freely revocable license to download and install a copy of the App on any mobile device or computer that You own or control and to run such copy of the App solely for Your own personal non-commercial purposes. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, You may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means. Bepaari reserves all rights in and to the App not expressly granted to You under these Terms.
  • 7.2 License Grant to Download.
    Subject to Your compliance with the terms and conditions set out in these Terms, Bepaari hereby grants to You a limited, non-exclusive, non-transferable, freely revocable license to view, download (including, without limitation download to a portable device), print, and have printed select content for personal use, except as Bepaari may restrict or block at the request of its content providers or on its own initiative.  The “select content” to which you are granted a license in this section 7.2 does not include Subscription Content (as defined in the Subscriber Agreement). Please see the Subscriber Agreement for applicable terms.
  • 7.3 Reservation of Rights.
    Bepaari reserves all rights not expressly granted in these Terms.
  • 7.4 Prevention of Unauthorized Use.
    Bepaari reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized or prohibited uses.

8. Content Disclaimer.

You understand that when using Bepaari You will be exposed to content from a variety of sources, and that Bepaari is not responsible for the accuracy, usefulness, or intellectual property rights of, or relating to, such content.  You further understand and acknowledge that You may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against Bepaari with respect thereto.  Bepaari does not endorse any content or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with such content. If notified of content that allegedly does not conform to these Terms, Bepaari may investigate the allegation and determine in its sole discretion whether to remove the content, which it reserves the right to do at any time and without notice. Bepaari does not permit copyright infringing activities.

9. Prohibited Conduct.

It is our goal to create an experience where anyone can read or listen to books in a comfortable and safe environment. We have developed rules that are designed to help achieve this goal. In addition to the general rules below, additional restrictions are enumerated in the Prohibited Activity Policy.

BY USING Bepaari YOU AGREE NOT TO:

  • 9.1
  • use Bepaari for any purpose other than to receive original or appropriately licensed content, to add Descriptive Information, and/or to access Bepaari as such Services are offered by Bepaari (“Descriptive Information” refers to the corresponding title and description of User Content posted by Users along with such content);
  • 9.2
  • rent, lease, loan, sell, resell, sublicense, distribute, display or otherwise transfer the licenses granted herein or any Materials (as defined in section 13, below);
  • 9.3
  • post, upload, or distribute any defamatory, libelous, or inaccurate content and/or Descriptive Information;
  • 9.4
  • post, upload, or distribute any content or Descriptive Information that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, invasive of another’s privacy, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;
  • 9.5
  • impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Accounts of others without permission, forge another persons’ digital signature, misrepresent the source, identity, or content of information transmitted via Bepaari, or perform any other similar fraudulent activity;
  • 9.6
  • delete the copyright or other proprietary rights notices on Bepaari or associated with any content available via Bepaari;
  • 9.7
  • make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of Bepaari. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation materials, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
  • 9.8
  • use Bepaari for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
  • 9.9
  • defame, harass, abuse, threaten or defraud Users of Bepaari, or collect, or attempt to collect, personal information about Users or third parties without their consent;
  • 9.10
  • use Bepaari if You are under the age of thirteen (13) years old; 
  • 9.11
  • remove, circumvent, disable, damage or otherwise interfere with rights enforcement and other security-related features that prevent or restrict use or copying, printing, or sharing of any content accessible through Bepaari, or features that enforce limitations on the use of Bepaari or any content available via Bepaari; 
  • 9.12
  • reverse engineer, decompile, disassemble or otherwise attempt to discover Bepaari’s source code or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; 
  • 9.13
  • modify, adapt, translate or create derivative works based upon Bepaari or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; 
  • 9.14
  • ntentionally interfere with or damage the operation of Bepaari or any User’s enjoyment of any part thereof, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
  • 9.15
  • use any robot, spider, scraper, or other automated means to access Bepaari for any purpose or bypass any measures Bepaari may use to prevent or restrict access;
  • 9.16
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through Bepaari;
  • 9.17
  • interfere with or disrupt servers or networks related to the operation Bepaari, or disobey any requirements, procedures, policies or regulations of networks connected to Bepaari; or
  • 9.18
  • post, upload or distribute marketing material, advertisements, spam, content designed to aid search engine optimization, or other content that in Bepaari’s sole opinion detracts from the Bepaari experience.

10. Account

It is important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you will not disclose your Account password to anyone and that you will notify us immediately of any unauthorized use of your Account. You are responsible for all activities that occur under your Account, whether or not you know about them. If You have reason to believe that Your Account is no longer accurate or secure, then You agree to immediately notify Bepaari by emailing intregasys@gmail.com.

11. Third-Party Sites, Products and Services; Links.

Bepaari may include links or references to other web sites or services solely as a convenience to Users (“Reference Sites”). Unless otherwise expressly stated by Bepaari, Bepaari does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. In addition, Your correspondence or business dealings with, or participation in promotions of advertisers found on or through Bepaari are solely between You and such advertisers. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at Your own risk.

12. Termination; Terms of Use Violations.

  • 12.1 Bepaari.
    You agree that Bepaari, at its sole discretion, for any or no reason, and without penalty, may terminate any Account (or any part thereof) You may have with Bepaari or Your use of Bepaari and remove and discard all or any part of Your Account, User profile, and any content, at any time and without notice to You. One reason we may terminate Your Account is if You do not log into Your Account for an extensive period of time; however, we will not terminate Your Account for inactivity if You continue to pay the fees associated with a Subscription. Bepaari may also in its sole discretion and at any time discontinue providing access to Bepaari, or any part thereof, with or without notice. You agree that any termination of Your access to Bepaari or any Account You may have, or portion thereof may be effected without prior notice, and You agree that Bepaari will not be liable to You or any third party for any such termination. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Bepaari may have at law or in equity. Notwithstanding the foregoing, if you have paid for a Subscription Membership, please see the Subscriber Agreement for additional terms applicable to the cancellation of Your Account.
  • 12.2 You.
    Your only remedy with respect to any dissatisfaction with (i) Bepaari, (ii) any term of these Terms, (iii) any policy or practice of Bepaari, or (iv) any content or information transmitted through the Services, is to cancel Your Account and to stop using Bepaari. You may cancel Your Account at any time through the account settings panel after You have logged into the Site or the App, or by sending an email to intregasys@gmail.com requesting a cancellation of your Account. You may terminate these Terms at any time by canceling Your Account and discontinuing use of Bepaari.
  • 12.3 Effect of Cancellation or Termination.
    Upon any cancellation or termination, the rights and licenses granted to You under these Terms and any additional terms and conditions will automatically terminate and the following provisions will survive: “Effect of Cancellation or Termination,” “Ownership; Proprietary Rights,” “Indemnification,” “Disclaimers; No Warranties,” “Limitation of Liability and Damages,” “Dispute Resolution,” and “Miscellaneous.”

13. Proprietary Rights.

The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, Services, and all other elements of the Site and Apps provided by Bepaari (the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Bepaari acknowledges that You retain ownership of any Descriptive Information You may post on Bepaari, subject however to Your grant to Bepaari of a perpetual, irrevocable, royalty-free, worldwide, nonexclusive license to reproduce, store, distribute, publicly display, and adapt them for use in conjunction with the operation of Bepaari. All Materials contained on Bepaari are the property of Bepaari or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Bepaari or its affiliates and/or third-party licensors. Except as expressly authorized by Bepaari, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials or Services. Bepaari reserves all rights not expressly granted in these Terms.

14. Indemnification.

You agree to indemnify, save, and hold Bepaari, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of Your use or misuse of Bepaari, any violation by You of these Terms, or any breach of the representations, warranties, and covenants made by You herein. Bepaari reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Bepaari, and You agree to cooperate with Bepaari’s defense of these claims. Bepaari will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it.

15. Disclaimers; No Warranties.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Bepaari, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Bepaari OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION 15, THE TERM Bepaari INCLUDES Bepaari’S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS.

16. Limitation of Liability and Damages.

  • 16.1 Limitation of Liability.
    UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL Bepaari OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE MATERIALS AND CONTENT ON Bepaari OR ANY REFERENCE SITES, OR ANY OTHER INTERACTIONS WITH Bepaari, EVEN IF Bepaari OR A Bepaari AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  • 16.2 Limitation of Damages.
    IN NO EVENT WILL THE TOTAL LIABILITY OF Bepaari OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OF Bepaari OR YOUR INTERACTION WITH OTHER Bepaari USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING Bepaari DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
  • 16.3 Reference Sites.
    THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN Bepaari AND RECEIVED THROUGH OR ADVERTISED ON Bepaari OR RECEIVED THROUGH ANY REFERENCE SITES.
  • 16.4 Basis of the Bargain.
    YOU ACKNOWLEDGE AND AGREE THAT Bepaari HAS OFFERED ITS PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND Bepaari, AND THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND Bepaari. Bepaari WOULD NOT BE ABLE TO PROVIDE SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
  • 16.5 Limitations by Applicable Law.
    CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.

17. Dispute Resolution.

  • 17.1 Governing Law.
    For customers of Bepaari, Inc., these Terms will be governed by and construed in accordance with the laws of Bangladesh, without giving effect to any principles of conflicts of law.
  • 17.2 Agreement to Arbitrate.
    You and Bepaari agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of Bepaari or content available on Bepaari (collectively, “Disputes”) will be settled by binding arbitration, Without limiting the preceding sentence,You will also have the right to litigate any other Dispute if You provide Bepaari with written notice of Your desire to do so by email or regular mail at within thirty (30) days following the date You first agree to these Terms (such notice, an “Arbitration Opt-out Notice”). If You do not provide Bepaari with an Arbitration Opt-out Notice within the thirty (30) day period, You will be deemed to have knowingly and intentionally waived Your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above. The exclusive jurisdiction and venue of any IP Protection Action or, if You timely provide Bepaari with an Arbitration Opt-out Notice, will be Bangladesh and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
  • 17.3 Litigation Proceeding.
    Unless You timely provide Bepaari with an Arbitration Opt-out Notice, You acknowledge and agree that You and Bepaari are each waiving the right to a litigation proceeding.
  • 17.4 Arbitration Rules.
    All disputes relating to the terms and conditions of this agreement shall be settled amicably between the two parties within 30 (thirty) days upon failure of the same within 30 (thirty) days of time such dispute shall be referred to arbitration in accordance with the provisions of the Arbitration Act 2001 of Bangladesh. Each party shall appoint its own arbitrator and the arbitrators shall appoint a chairman of the arbitral tribunal. Each party shall bear their own costs of arbitration. The Place of the Arbitration shall be Dhaka and the language shall be English. The decision of the Arbitration shall be final and binding on the parties hereto.
  • 17.5 Changes
    Notwithstanding the provisions of the “Modification of these Terms” section above, if Bepaari changes this “Dispute Resolution” section after the date You first accepted these Terms (or accepted any subsequent changes to these Terms), You may reject any such change by sending us written notice (including by email tointregasys@gmail.com) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Bepaari’s email to You notifying You of such change. By rejecting any change, You are agreeing that You will arbitrate any Dispute between You and Bepaari in accordance with the provisions of this “Dispute Resolution” section as of the date You first accepted these Terms (or accepted any subsequent changes to these Terms).

18. Miscellaneous.

  • 18.1 Notice.
    Bepaari may provide You with notices, including those regarding changes to Bepaari’s terms and conditions, by email, regular mail, or postings on a Bepaari-affiliated website. Notice will be deemed given twenty-four hours after email is sent, unless Bepaari is notified that the email address is invalid. Alternatively, we may give You legal notice by mail to a postal address, if provided by You. In such case, notice will be deemed given three days after the date of mailing. Notice posted on Bepaari is deemed given ten days following the initial posting.
  • 18.2 Waiver.
    The failure of Bepaari to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Bepaari.
  • 18.3 Severability
    If any provision of these Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
  • 18.4 Assignment.
    These Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Bepaari without restriction. Any assignment attempted to be made in violation of these Terms shall be void.
  • 18.5 Survival
    Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, sections 6-18.
  • 18.6 Headings
    The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
  • 18.7 Entire Agreement.
    These Terms (including all Guidelines, Notices, and Terms incorporated herein) and the Subscriber Agreement as applicable, are the entire agreement between You and Bepaari relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms or Guidelines made by Bepaari as set forth in section 5 above.
  • 18.8 Claims
    YOU AND Bepaari AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO Bepaari MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
1. SCOPE AND OVERVIEW
This Privacy Policy covers the information Bepaari Technologies Private Limited, its group companies or affiliates (“Bepaari” and/ “We”/Our/Us”) collects from the User(s) (“User(s)” and/or “You/Your”) of www.Bepaari.com or Bepaari application (Android/ IOS) (“Platform”) for the services provided by Bepaari on the Platform (as defined in the Terms of Use of the Platform). This Privacy Policy explains our practices, including Your choices, regarding the collection, Use, and disclosure of certain information, including Your personal information by Bepaari. You can choose not to provide certain information, but you may not be able to enjoy all the features of our Platform and services provided by Bepaari. Personal Information we learn from you helps us to personalize and continually improve your online experience. This Privacy Policy should be read in conjunction with the Terms of Use available on the Platform. You understand that the terms ‘Personal Information', ‘Sensitive Personal Data', and ‘Information' shall have the meaning ascribed to them under the applicable laws in Bangladesh. Your Personal Information is collected if You register with the Platform. Upon registration, You gain access to the Platform or take any action on the Platform or Use or access the Services as defined in the Terms of Use. Your Use of Our services offered on the Platform is constructed to mean that You consent to our collection, storage, processing, and transfer of Your Personal Information and/or Sensitive Personal Data and/or Information in accordance with this Privacy Policy and You consent to the terms and conditions of this Privacy Policy. Please note that Bepaari is the Data Controller of your personal data. The principles set out in this Privacy Policy apply to all instances in which Bepaari receives your personal data as a Data Controller for the purposes described in this policy. Here are our privacy principles- Providing information to us is your choice. - Information collected shall be used lawfully, fairly and in a transparent way. - Collected only for valid purposes that we have explained to you and not used in any way that is incompatible with those purposes. - Information collected shall be recorded and preserved for operational purposes unless You request to delete the same. - Accurate and kept up to date. - Kept only as long as necessary for the purposes required.
2. INFORMATION WE COLLECT
2.1. Information You Give Us: When you use the Platform, for example to register to create an account, update your information, sign up for a subscription, use certain features, access or download content, purchase items or enter into promotions, refer others to the Platform, interact with us via third party application or social media sites, request customer support or otherwise communicate with us, we or our service providers or business partners may collect information that relates to you, including personal information, such as your name, e-mail address, telephone number, mobile phone number, credit card or debit card details, geographic location, social media account details and other information from your device. You may decide to provide us with another person's email or phone number so that person may be invited to join Bepaari or so that we may facilitate your communication with other people through the service. Local law may require you to seek the consent of your contacts to provide their personal information to Bepaari, who may use that information in accordance with the terms of this Privacy Policy. 2.2. Information Collected Automatically Whenever you visit or interact with the Platform through the bepaari.com, Bepaari application (accessible through various third-party Android/ IOS), Bepaari, as well as any third-party advertisers and/or service providers, may use a variety of technologies that automatically or passively collect information about how the Platform is accessed and used. Usage Information may include information collected in the following ways: a. Log Files: Information is logged about your use of the Platforms, including your browser type, operating system, activations, content you access, download, access and listening/viewing times, the page served and the preceding page views. This statistical usage data provides us with information about the use of the Platform, such as how many visitors visit a specific page on the Platform, how long they stay on that page, and which hyperlinks, if any, they "click" on. This information helps us keep our Platform fresh and interesting to our visitors and tailor content to a visitor's interests. b. Location Information: We may collect information about the location of your device when you access or use the Platform; or if you choose to turn on your Bluetooth, Wi-Fi, or other Geolocation functionality when you use the App, subject to your consent, the App may collect and use your geolocation information. We may share your location with certain third parties for analytics and advertising purposes. c. Device Identifiers: Bepaari may automatically collect your IP address or other unique identifier ("Device Identifier") for the computer, mobile device, tablet, or other device (collectively, "Device") you use to access the Platform, including the hardware model and mobile network information. A Device Identifier is a number that is automatically assigned to your Device when you access a web site or its servers, and includes AD-IDs or IDFAs, and our computers identify your Device by its Device Identifier. We may use a Device Identifier to, among other things, administer the Platform, help diagnose problems with our servers, analyze trends, track users' web page movements, help identify, and gather broad demographic information for aggregate use. d. Cookies: Pixel Tags: The technologies used on the Platform to collect Usage Information, including Device Identifiers, may include but are not limited to: cookies (data files placed on a Device when it is used to visit the Platform), mobile analytics software and pixel tags (transparent graphic image, sometimes called a web beacon or tracking beacon, placed on a web page or in an email, which indicates that a page or email has been viewed). Cookies may also be used to associate you with social networking sites and, if you so choose, enable interaction between your activities on the Platform and your activities on such social networking sites. We, or our vendors, may place cookies or similar files on your Device for security purposes, to collect information enabling digital rights management, to facilitate site navigation and to personalize your experience while visiting our Platform (such as allowing us to select which content is most likely to appeal to you, based on your interests, preferences, location, or demographic information). Personalized content may also include content from the providers of goods and services that you may be able to purchase through the Platform or otherwise (who may pay us to show you such content). Cookies are used for marketing activities (such as but not limited to sending push notifications, emails, SMS), analytics, improving user experience (such as but not limited to through conversion rates, viewing patterns, click-through) and user preferences (such as but not limited to language settings, browsers). e. Advertising Id: Advertising identifiers are similar to cookies and are found on many mobile devices and tablets, and certain streaming media devices. Like cookies, advertising identifiers are used to make online advertising more relevant. We are taking your consent to allow any third-party advertisers to analyze and perform contextual advertising, frequency capping, conversion tracking, reporting and security and fraud detection. This can be done using persistent device identifier (for example: SSAID, MAC address, IMEI, etc.) for which we are taking your consent. This is a user-resettable identifier and will be used for further ads use-cases, Also, we may use analytics platforms and other tracking technologies to help us track and analyze usage of our Platform, using cookies, pixels, and other tracking technologies. 2.3. Information Received from Other Sources We also may obtain information from other sources and combine that with information we collect through the Platform. For example, if you create an account using your credentials from a third-party website (such as but not limited to Google, Facebook, and others), we will have access to certain information from that site, such as your name, profile, and account information, such as lists of your friends, "likes", comments you have shared, groups and location, in accordance with the authorization procedures determined by such third-party social media site. Services like Facebook Connect give you the option to post information about your activities on our Platform to your profile page to share with others within your network. In addition, we may receive information about you if other users of a third-party application or website give us access to their profiles and you are one of their "connections" or information about you is otherwise accessible through your "connections'" web page, profile page, or similar page on a social networking or other third-party website or interactive service. You may integrate your Bepaari account with third party applications and sites. If you do, we may receive similar information related to your interactions with the Platform on the third-party application, as well as information about your publicly available activity on the third-party application or site. We may also receive information about you from our partners and service providers, (including, for example, business partners, analytics vendors, and search information providers) which we use to personalize your experience on the Platform. Bepaari never stores, receives, or has access to any bank account details, debit card, credit card information from you. Any information stored, received, or accessed by Bepaari through a payment gateway is limited to your name, number, e-mail, and geo location.
3. HOW WE USE THE INFORMATION COLLECTED
We may use the information about you for a variety of business purposes, including for example, to: a. Respond to your questions and requests and provide customer service; b. Provide you with access to certain features of the Platform; c. Deliver the services you request, process transactions and send you related information; d. Verify your identity; communicate with you about your activities on the Platform; e. Tailor content, offers and promotions offered by Bepaari and others, and provide news and other information we think will be of interest to you; f. Perform market research, Platform analytics and operations; g. Personalize and improve the Platform and products, services made available on or outside the Platform (including on other sites/ apps that you visit), for example by providing personalized or localized content, recommendations, features, content or features that match your interests and preferences; h. Link or combine with information we receive from others to help understand your needs and to provide you with better service; i. Contact you with regard to your use of the Platform and interest in certain products and services, and, in our discretion, changes to any Bepaari policy; j. Communicate with you, either directly or through one of our partners, for marketing and promotional purposes via emails, notifications, or other messages, consistent with any permissions you may have communicated to us; and k. For purposes disclosed at the time you provide your personal information or otherwise with your consent.
4. SHARING OF INFORMATION
The information collected or generated through your use of the Platform may be shared by you or by us as described below. 4.1. Sharing of Information by You Bepaari is a service that offers many ways to find, enjoy, and share content. Your name and/or username, profile picture, who you follow, your followers, and your Bepaari user profile will be publicly available Third Party Platforms: If your Bepaari account is connected to a third-party application or social media platform, Bepaari may automatically share your activity with that service, including the content you use, and such information may be attributed to your account on the third-party platform and published on such service. Likewise, if you log into a third-party application with your Bepaari account, that third party application may have access to certain information such as your watch list, playlists, and any activity. A third-party platform's use of information collected from you (or as authorized by you) is governed by the third-party platform's privacy policies and your settings on the relevant service. In such cases, Bepaari shall in no manner be liable for disclosure of information by you to the Third Party. 4.2. Sharing of Information by Us We may share aggregate user statistics, demographic information, and Usage Information with third parties. We may also share your information as disclosed at the time you provide your information, as set forth in this Privacy Policy and in the following circumstances: a. Third Parties: In order to carry out your requests, to make various features, services, and materials available to you through the Platform, and to respond to your inquiries, for data processing and storage we may share your information with third parties that perform functions on our behalf, such as companies that: host or operate our Platform; payment processors; analyze data; provide customer service; sponsors or other third parties that participate in or administer our promotions. Your information may also be used by us or shared with our sponsors, partners, analytics companies or other third parties in connection with marketing, promotional, and other offers, as well as product information, and for such third party's analytics and market research. These analytics companies use various technologies to collect data in order to cater to your preferences. These technologies may include the placement of cookies or web beacons, the use of unique or non-unique non-personal identifiers, or the use of other technologies on our Platforms, which may be used to track user behavior, to track how our Platforms are being used, to link various Devices you may use, build consumer profiles. This Privacy Policy does not cover the use of analytics companies. We may also share your information with the rights holders that license content to Bepaari to stream on the Platform. b. Business Transfers: Your information may also be used by us or shared with our subsidiaries and affiliates for internal reasons, primarily for business and operational purposes. As we continue to develop our business, we may sell or purchase assets. If another entity acquires us or all or substantially all of our assets, or assets related to the Platform, your information may be disclosed to such entity as part of the due diligence process and will be transferred to such entity as one of the transferred assets. Also, if any bankruptcy or reorganization proceeding is brought by or against us, all such information may be considered an asset of ours and as such may be sold or transferred to third parties. c. Legal Disclosure: Bepaari may transfer and disclose your information to third parties to comply with a legal obligation; when we believe in good faith that the law requires it; at the request of governmental authorities conducting an investigation; to verify or enforce our Terms of Use or other applicable policies; to respond to an emergency; or otherwise, to protect the rights, property, safety, or security of third parties, visitors to our Platform or the public.
5. STORAGE AND PROCESSING
Your information collected by Bepaari may be stored and processed in Bangladesh or any other country in which Bepaari or its subsidiaries, affiliates or service providers maintain facilities. Bepaari may transfer information that we collect about you, including personal information, to affiliated entities, or to other third parties across borders and from your country or jurisdiction to other countries or jurisdictions around the world.
6. DATA SECURITY
We understand the importance of data security and We want Your experience with Us to be as safe as possible. We have implemented reasonable safeguards and precautions to protect Your Personal Information or Sensitive Personal Data or Information, including technical and organizational measures against unauthorized access, improper Use, alteration, unlawful or accidental destruction, and accidental loss, both in an online and offline context. We have adopted reasonable and best security practices and procedure and We maintain technical and organizational security measures and procedures to protect the security of Your Personal Information or Sensitive Personal Data or Information, which are consistent with measures used by other similar websites. We use an outside platform, and payment processing companies to bill you if you purchase our services. These companies retain, share, store or use your data. However, since we do not have access to such information collected by third party payment companies, you are requested to check the privacy policy of such companies to determine how it handles any information it collects from you. Please understand that, while We strive to protect Your Personal Information or Sensitive Personal Data or Information against potential risks and exposures, there is no absolute security in the online sphere. Hence, we ask You to support our IT security efforts by not disclosing any of Your Personal Information or Sensitive Personal Data or Information data on our Platform that is particularly sensitive or not required in the specific context. Furthermore, You can help Us protecting Your personal data by signing off when You finish Using login-protected areas of the Platform.
7. DATA RETENTION
We retain Personal Information or Sensitive Personal Data or Information only for as long as We believe it to be necessary for purposes set out herein for which the Personal Information or Sensitive Personal Data or Information was collected, subject to any legal requirements for the data to be retained for longer periods of time.
8. COOKIES
Cookies are small data files that are commonly stored on Your device (desktop, laptop, mobile, tablet, etc) when You browse and Use the Platform. They are widely Used to make websites work, or to work more efficiently, as well as to provide reporting information and assist with service or advertising personalization. In order for You to have the best experience with the Platform, We Use cookies and other technologies (such as web beacons). For example, We Use cookies and other technologies to make it easy to access Our services by remembering You when You return, to provide and analyze Our services, to learn more about our Users and their likely interests, and to deliver and tailor marketing or advertising.
9. DELETING/MODIFYING YOUR INFORMATION
If You wish to have the Personal Information or Sensitive Personal Data or Information that You have provided to Us deleted, corrected, update out of date or inaccurate information we hold, You can always do so by sending a request to Us on intregasys@gmail.com. You may note that deletion of certain Personal Information may lead to cancellation of Your registration with the Platform and/or Your access to certain features of the Bepaari can be restricted and may also lead to complete cessation of Your Access to the Platform.
10. LINKS TO OTHER SITES/FINANCIAL DATA
We provide links to other websites and portals such as third-party payment gateway providers for Your convenience and information (“Other Websites”). For instance, the Bepaari will be Using third party payment gateway providers to process and facilitate the payment of Your Subscription Fee to the Bepaari for providing You access to the Subscription. Please note that the Bepaari does not directly collect any financial information such as credit card or debit card or net banking details from You. Such other Websites are not controlled by Us. When You visit such Other Website, You do so at Your own risk. These other Websites may have their own privacy policies in place, which We recommend You review if You visit any such other Websites. We do not assume any responsibility or liability for such Other Websites, the content of such other Websites and their privacy practices, nor do We endorse them. We encourage You to familiarize Yourself with the privacy statements provided by such other Websites prior to providing them with information about You or entering into any transactions on them. While transacting with these Other Websites, You may provide Your financial information including without limitation Your bank account details, credit card account details or Your details pertaining to any payment settlement or pre-paid instrument service provider. You understand, agree, and acknowledge that the Platform and Bepaari never receives Your financial and payment information from these Other Websites. Your Personal Information, Sensitive Personal Data or Information and financial information will be dealt with by these Other Websites in accordance with their respective privacy policies and other terms and conditions and the Bepaari shall not be liable, accountable, or responsible for Your Personal Information, Sensitive Personal Data or Information and financial information which You provide to these Other Websites.
11. CHILDREN
You must be 13 years of age or older to subscribe to the Platform. While individuals under the age of13 may utilize the service, they may do so only with the involvement, supervision, and approval of a parent or legal guardian.
12. SECURITY
Bepaari uses commercially reasonable security practices and procedures industry practices and procedures designed to help keep Your Personal Information or Sensitive Personal Data or Information safe. Secure server software (SSL) encrypts all information You submit before it is sent to the Bepaari. Furthermore, all of the User data We collect is protected against unauthorized access. To prevent unauthorized access, maintain data accuracy, and ensure correct use of information, We employ commercially reasonable and practicable security practices and procedures and security methods and technologies. We will also ensure that any agent or third party that We employ complies with the same security standards as We do for the protection of Your Personal Information or Sensitive Personal Data or Information. Your information may be transferred to or may be maintained on computers, computer systems and computer resources located outside of Your state or country where the privacy laws may be different (but no less stringent than the restrictions imposed by Bangladeshi law) as those where You live. If You are located outside Bangladesh and choose to provide information to Us, please be aware that the Platform is hosted in Bangladesh and that Bepaari keeps or transfers information to and from Bangladesh for storage and processing. Your submission of such information represents Your agreement to that transfer. Unfortunately, the transmission of information over the Internet is not completely secure. Although We strive to protect Your personal data, We cannot guarantee the security of Your data while it is being transmitted to our site; any transmission is at Your own risk. Once We have received Your information, We have commercially reasonable procedures and security practices in place to reasonably endeavor to prevent unauthorized access.
13. CHANGES IN PRIVACY POLICY
From time to time, We may update this Privacy Policy. Your continued Use of the Platform and the Services constitutes Your acceptance of the current Privacy Policy and Terms of Use, so We encourage You to visit this page periodically to review any changes.
14. PHISHING
Identity theft and the practice currently known as “phishing” are of great concern to the Bepaari. Safeguarding information to help protect You from identity theft is a top priority. We do not and will not, at any time, request Your information including Sensitive Personal Data in a non-secure or unsolicited e-mail or telephone communication.
15. PROMOTIONAL AND MARKETING ACTIVITIES
We will send communications through various modes like SMS, message, email, etc. to You at regular intervals to notify You of, among other things, various offers, new content, exclusive deals etc., that may be available or new services that You may be interest to subscribe to etc. By accessing Bepaari, You expressly consent to receiving such communications from us at regular intervals. However, if You do not wish to receive any communication from us, You may request to unsubscribe from such communication by sending an email with the subject as "Unsubscribe".
16. AMENDMENTS
This Privacy Policy is subject to change from time to time without any written notice to You. We reserve the right, at our sole discretion, to modify the terms of this Privacy Policy from time to time in order to ensure compliance with applicable laws (Updated Terms). The Updated Terms shall be effective immediately and shall supersede these the terms of this Privacy Policy. We will not be under an obligation to notify you of any changes to this Privacy Policy. You shall be solely responsible for reviewing the Privacy Policy from time to time for any modifications. By continuing to use Bepaari after the Updated Terms have been published, You affirm Your agreement to the Updated Terms.
17. CONTACT US
If You have any questions about this Privacy Policy, the practices of Bepaari or Your dealings with the Platform, You can contact Us at or at the Corporate Office: Please do not share any private information at the above stated email id.
Have an issue with your purchase on Bepaari Premium Subscription? We will be happy to help in any way we can, though there are a few restrictions that guide whether you are eligible for a refund. It is extremely important to note: You must contact us within 30 days of a charge for a refund. We cannot grant you a refund for any charges that are more than 30 days old. Refunds are processed to the same payment method used at the time of purchase. We do not provide refunds via cash, check, or other external payment methods. We can only refund purchases that have happened in the last 30 days to the original payment card or account. Conditions for a Refund Technical Issues, Payment Errors, Fraud Bepaari will issue refunds for purchases made in the past 30 days in the following cases:
● Technical issues -If you have experienced technical issues which are the fault of Bepaari that prevent you from using the purchase, we may, in our sole discretion, provide you with a replacement copy of any such purchased content, which may be a different or updated version of such content. If we are unable to or choose not to provide a replacement, we will issue you a refund.
● Fraud -If it is determined that your account has been taken over by a third party and used fraudulently, we will issue you a refund.
● Payment error - If it is determined that Bepaari charged you in error, we will issue a refund.
● Unexpected/Defective Content -If the purchase was made to unlock additional content which turns out to be drastically different than shown in the free preview or defective in some way, we will issue a refund to you.
You must contact us within 30 days of a disputed charge for us to be able to issue a refund. After receiving a valid refund request, the appropriate amount will be refunded within 7-10 working days. Bepaari does not offer partial refunds. If you have used the service for part of the billing cycle and then canceled, you will not be eligible to receive a refund for the charge. You can only receive refunds for the above conditions and for unused time. Again, you must contact us within 30 days of any disputed charge, regardless of whether you have used your purchase. We cannot, under any circumstances, give you a refund for charges that are more than 30 days old. Restrictions are placed on transactions after 30 days and refunds cannot be issued after that time. How to request a refund
If the purchase meets the above requirements on what transaction we will refund and happened in the last 30 days, contact Bepaari support so we can issue you a refund for the charge. Please include as much information on the purchase as possible to help us locate the purchase quickly for you. Ideally, include:
• The order number: this can be found in the email receipt sent at the time of purchase • Your username and the email address attached to your Bepaari account
• The amount of the purchase
• The date and time the charge was made
• The date and time the charge was made
• If you were charged by credit card: the last four digits of the card number (please for security reasons, do not include the full number), the type of card (Visa, MasterCard, etc.), and the name that appears on the card
• If you were charged through PayPal: the email address attached to your PayPal account and the transaction number of the order on PayPal
• If you use Google Pay, Apple Pay, or any payment service that creates a temporary card number for online purchases, we recommend confirming the last four digits of the token card number
Reservation of Rights Bepaari reserves the right to refuse a refund request if it reasonably believes (i) that you are trying to unfairly exploit this refund policy; (ii) if you are in breach of ourTerms of Use; or (iii) if Bepaari reasonably suspects that you are using our service fraudulently. This refund guide does not affect your statutory rights.
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