TERMS AND CONDITIONS
Last updated: 2022-12-01
1. Introduction
Welcome to BARAMDAT (SMC-PRIVATE)
LIMITTED (“Company”, “we”, “our”, “us”)!
These Terms of Service (“Terms”,
“Terms of Service”) govern your use of our website located at baramdat.com
(together or individually “Service”) operated by BARAMDAT (SMC-PRIVATE)
LIMITTED.
Our Privacy Policy also governs your
use of our Service and explains how we collect, safeguard and disclose information
that results from your use of our web pages.
Your agreement with us includes
these Terms and our Privacy Policy (“Agreements”). You acknowledge that you
have read and understood Agreements, and agree to be bound of them.
If you do not agree with (or cannot
comply with) Agreements, then you may not use the Service, but please let us
know by emailing at info@baramdat.com so we can try to find a solution.
These Terms apply to all visitors, users and others who wish to access or use
Service.
2. Communications
By using our Service, you agree to
subscribe to newsletters, marketing or promotional materials and other
information we may send. However, you may opt out of receiving any, or all, of
these communications from us by following the unsubscribe link or by emailing
at info@baramdat.com.
3. Purchases
If you wish to purchase any product
or service made available through Service (“Purchase”), you may be asked to
supply certain information relevant to your Purchase including but not limited
to, your credit or debit card number, the expiration date of your card, your
billing address, and your shipping information.
You represent and warrant that: (i)
you have the legal right to use any card(s) or other payment method(s) in
connection with any Purchase; and that (ii) the information you supply to us is
true, correct and complete.
We may employ the use of third party
services for the purpose of facilitating payment and the completion of
Purchases. By submitting your information, you grant us the right to provide
the information to these third parties subject to our Privacy Policy.
We reserve the right to refuse or
cancel your order at any time for reasons including but not limited to: product
or service availability, errors in the description or price of the product or
service, error in your order or other reasons.
We reserve the right to refuse or
cancel your order if fraud or an unauthorized or illegal transaction is
suspected.
4. Contests, Sweepstakes and
Promotions
Any contests, sweepstakes or other
promotions (collectively, “Promotions”) made available through Service may be
governed by rules that are separate from these Terms of Service. If you
participate in any Promotions, please review the applicable rules as well as
our Privacy Policy. If the rules for a Promotion conflict with these Terms of
Service, Promotion rules will apply.
5. Subscriptions
Some parts of Service are billed on
a subscription basis ("Subscription(s)"). You will be billed in
advance on a recurring and periodic basis ("Billing Cycle"). Billing
cycles will be set depending on the type of subscription plan you select when
purchasing a Subscription.
At the end of each Billing Cycle,
your Subscription will automatically renew under the exact same conditions
unless you cancel it or BARAMDAT (SMC-PRIVATE) LIMITTED cancels it. You may
cancel your Subscription renewal either through your online account management
page or by contacting info@baramdat.com customer support team.
A valid payment method is required
to process the payment for your subscription. You shall provide BARAMDAT
(SMC-PRIVATE) LIMITTED with accurate and complete billing information that may
include but not limited to full name, address, state, postal or zip code,
telephone number, and a valid payment method information. By submitting such
payment information, you automatically authorize BARAMDAT (SMC-PRIVATE)
LIMITTED to charge all Subscription fees incurred through your account to any
such payment instruments.
Should automatic billing fail to
occur for any reason, BARAMDAT (SMC-PRIVATE) LIMITTED reserves the right to
terminate your access to the Service with immediate effect.
6. Free Trial
BARAMDAT (SMC-PRIVATE) LIMITTED may,
at its sole discretion, offer a Subscription with a free trial for a limited
period of time ("Free Trial").
You may be required to enter your
billing information in order to sign up for Free Trial.
If you do enter your billing
information when signing up for Free Trial, you will not be charged by BARAMDAT
(SMC-PRIVATE) LIMITTED until Free Trial has expired. On the last day of Free
Trial period, unless you cancelled your Subscription, you will be automatically
charged the applicable Subscription fees for the type of Subscription you have
selected.
At any time and without notice,
BARAMDAT (SMC-PRIVATE) LIMITTED reserves the right to (i) modify Terms of
Service of Free Trial offer, or (ii) cancel such Free Trial offer.
7. Fee Changes
BARAMDAT (SMC-PRIVATE) LIMITTED, in
its sole discretion and at any time, may modify Subscription fees for the
Subscriptions. Any Subscription fee change will become effective at the end of
the then-current Billing Cycle.
BARAMDAT (SMC-PRIVATE) LIMITTED will
provide you with a reasonable prior notice of any change in Subscription fees
to give you an opportunity to terminate your Subscription before such change
becomes effective.
Your continued use of Service after
Subscription fee change comes into effect constitutes your agreement to pay the
modified Subscription fee amount.
8. Refunds
We issue refunds for Contracts
within 30 days of the original purchase of the Contract.
9. Content
Our Service allows you to post,
link, store, share and otherwise make available certain information, text,
graphics, videos, or other material (“Content”). You are responsible for Content
that you post on or through Service, including its legality, reliability, and
appropriateness.
By posting Content on or through
Service, You represent and warrant that: (i) Content is yours (you own it)
and/or you have the right to use it and the right to grant us the rights and
license as provided in these Terms, and (ii) that the posting of your Content
on or through Service does not violate the privacy rights, publicity rights,
copyrights, contract rights or any other rights of any person or entity. We
reserve the right to terminate the account of anyone found to be infringing on
a copyright.
You retain any and all of your
rights to any Content you submit, post or display on or through Service and you
are responsible for protecting those rights. We take no responsibility and
assume no liability for Content you or any third party posts on or through
Service. However, by posting Content using Service you grant us the right and
license to use, modify, publicly perform, publicly display, reproduce, and
distribute such Content on and through Service. You agree that this license
includes the right for us to make your Content available to other users of
Service, who may also use your Content subject to these Terms.
BARAMDAT (SMC-PRIVATE) LIMITTED has
the right but not the obligation to monitor and edit all Content provided by
users.
In addition, Content found on or
through this Service are the property of BARAMDAT (SMC-PRIVATE) LIMITTED or
used with permission. You may not distribute, modify, transmit, reuse,
download, repost, copy, or use said Content, whether in whole or in part, for
commercial purposes or for personal gain, without express advance written
permission from us.
10. Prohibited Uses
You may use Service only for lawful
purposes and in accordance with Terms. You agree not to use Service:
0.1. In any way that violates any
applicable national or international law or regulation.
0.2. For the purpose of exploiting,
harming, or attempting to exploit or harm minors in any way by exposing them to
inappropriate content or otherwise.
0.3. To transmit, or procure the
sending of, any advertising or promotional material, including any “junk mail”,
“chain letter,” “spam,” or any other similar solicitation.
0.4. To impersonate or attempt to
impersonate Company, a Company employee, another user, or any other person or
entity.
0.5. In any way that infringes upon
the rights of others, or in any way is illegal, threatening, fraudulent, or
harmful, or in connection with any unlawful, illegal, fraudulent, or harmful
purpose or activity.
0.6. To engage in any other conduct
that restricts or inhibits anyone’s use or enjoyment of Service, or which, as
determined by us, may harm or offend Company or users of Service or expose them
to liability.
Additionally, you agree not to:
0.1. Use Service in any manner that
could disable, overburden, damage, or impair Service or interfere with any
other party’s use of Service, including their ability to engage in real time
activities through Service.
0.2. Use any robot, spider, or other
automatic device, process, or means to access Service for any purpose,
including monitoring or copying any of the material on Service.
0.3. Use any manual process to
monitor or copy any of the material on Service or for any other unauthorized
purpose without our prior written consent.
0.4. Use any device, software, or
routine that interferes with the proper working of Service.
0.5. Introduce any viruses, trojan
horses, worms, logic bombs, or other material which is malicious or
technologically harmful.
0.6. Attempt to gain unauthorized
access to, interfere with, damage, or disrupt any parts of Service, the server
on which Service is stored, or any server, computer, or database connected to
Service.
0.7. Attack Service via a
denial-of-service attack or a distributed denial-of-service attack.
0.8. Take any action that may damage
or falsify Company rating.
0.9. Otherwise attempt to interfere
with the proper working of Service.
11. Analytics
We may use third-party Service
Providers to monitor and analyze the use of our Service.
12. No Use By Minors
Service is intended only for access
and use by individuals at least eighteen (18) years old. By accessing or using
Service, you warrant and represent that you are at least eighteen (18) years of
age and with the full authority, right, and capacity to enter into this
agreement and abide by all of the terms and conditions of Terms. If you are not
at least eighteen (18) years old, you are prohibited from both the access and
usage of Service.
13. Accounts
When you create an account with us,
you guarantee that you are above the age of 18, and that the information you
provide us is accurate, complete, and current at all times. Inaccurate,
incomplete, or obsolete information may result in the immediate termination of
your account on Service.
You are responsible for maintaining
the confidentiality of your account and password, including but not limited to
the restriction of access to your computer and/or account. You agree to accept
responsibility for any and all activities or actions that occur under your
account and/or password, whether your password is with our Service or a third-party
service. You must notify us immediately upon becoming aware of any breach of
security or unauthorized use of your account.
You may not use as a username the
name of another person or entity or that is not lawfully available for use, a
name or trademark that is subject to any rights of another person or entity
other than you, without appropriate authorization. You may not use as a
username any name that is offensive, vulgar or obscene.
We reserve the right to refuse
service, terminate accounts, remove or edit content, or cancel orders in our
sole discretion.
14. Intellectual Property
Service and its original content
(excluding Content provided by users), features and functionality are and will
remain the exclusive property of BARAMDAT (SMC-PRIVATE) LIMITTED and its
licensors. Service is protected by copyright, trademark, and other laws of and
foreign countries. Our trademarks may not be used in connection with any
product or service without the prior written consent of BARAMDAT (SMC-PRIVATE)
LIMITTED.
15. Copyright Policy
We respect the intellectual property
rights of others. It is our policy to respond to any claim that Content posted
on Service infringes on the copyright or other intellectual property rights
(“Infringement”) of any person or entity.
If you are a copyright owner, or
authorized on behalf of one, and you believe that the copyrighted work has been
copied in a way that constitutes copyright infringement, please submit your
claim via email to info@baramdat.com, with the subject line: “Copyright
Infringement” and include in your claim a detailed description of the alleged
Infringement as detailed below, under “DMCA Notice and Procedure for Copyright
Infringement Claims”
You may be held accountable for
damages (including costs and attorneys’ fees) for misrepresentation or
bad-faith claims on the infringement of any Content found on and/or through
Service on your copyright.
16. DMCA Notice and Procedure for
Copyright Infringement Claims
You may submit a notification
pursuant to the Digital Millennium Copyright Act (DMCA) by providing our
Copyright Agent with the following information in writing (see 17 U.S.C
512(c)(3) for further detail):
0.1. an electronic or physical
signature of the person authorized to act on behalf of the owner of the
copyright’s interest;
0.2. a description of the
copyrighted work that you claim has been infringed, including the URL (i.e.,
web page address) of the location where the copyrighted work exists or a copy
of the copyrighted work;
0.3. identification of the URL or
other specific location on Service where the material that you claim is
infringing is located;
0.4. your address, telephone number,
and email address;
0.5. a statement by you that you
have a good faith belief that the disputed use is not authorized by the
copyright owner, its agent, or the law;
0.6. a statement by you, made under
penalty of perjury, that the above information in your notice is accurate and
that you are the copyright owner or authorized to act on the copyright owner’s
behalf.
You can contact our Copyright Agent
via email at info@baramdat.com.
17. Error Reporting and Feedback
You may provide us either directly
at info@baramdat.com or via third party sites and tools with information and
feedback concerning errors, suggestions for improvements, ideas, problems,
complaints, and other matters related to our Service (“Feedback”). You
acknowledge and agree that: (i) you shall not retain, acquire or assert any
intellectual property right or other right, title or interest in or to the
Feedback; (ii) Company may have development ideas similar to the Feedback;
(iii) Feedback does not contain confidential information or proprietary information
from you or any third party; and (iv) Company is not under any obligation of
confidentiality with respect to the Feedback. In the event the transfer of the
ownership to the Feedback is not possible due to applicable mandatory laws, you
grant Company and its affiliates an exclusive, transferable, irrevocable,
free-of-charge, sub-licensable, unlimited and perpetual right to use (including
copy, modify, create derivative works, publish, distribute and commercialize)
Feedback in any manner and for any purpose.
18. Links To Other Web Sites
Our Service may contain links to
third party web sites or services that are not owned or controlled by BARAMDAT
(SMC-PRIVATE) LIMITTED.
BARAMDAT (SMC-PRIVATE) LIMITTED has
no control over, and assumes no responsibility for the content, privacy
policies, or practices of any third party web sites or services. We do not
warrant the offerings of any of these entities/individuals or their websites.
YOU ACKNOWLEDGE AND AGREE THAT
COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY
DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF
OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY
SUCH THIRD PARTY WEB SITES OR SERVICES.
WE STRONGLY ADVISE YOU TO READ THE
TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD PARTY WEB SITES OR SERVICES
THAT YOU VISIT.
19. Disclaimer Of Warranty
THESE SERVICES ARE PROVIDED BY
COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE
OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED
THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT,
AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.
NEITHER COMPANY NOR ANY PERSON
ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO
THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF
THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED
WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY
SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE,
ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES
OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE
SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
COMPANY HEREBY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE,
INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY,
NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY
WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
20. Limitation Of Liability
EXCEPT AS PROHIBITED BY LAW, YOU
WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR
ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER
IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF
LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT
LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT,
NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH
THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR
PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY
FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY
HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS
PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL
BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO
CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
21. Termination
We may terminate or suspend your
account and bar access to Service immediately, without prior notice or
liability, under our sole discretion, for any reason whatsoever and without
limitation, including but not limited to a breach of Terms.
If you wish to terminate your
account, you may simply discontinue using Service.
All provisions of Terms which by
their nature should survive termination shall survive termination, including,
without limitation, ownership provisions, warranty disclaimers, indemnity and
limitations of liability.
22. Governing Law
These Terms shall be governed and
construed in accordance with the laws of Pakistan, which governing law applies
to agreement without regard to its conflict of law provisions.
Our failure to enforce any right or
provision of these Terms will not be considered a waiver of those rights. If
any provision of these Terms is held to be invalid or unenforceable by a court,
the remaining provisions of these Terms will remain in effect. These Terms
constitute the entire agreement between us regarding our Service and supersede
and replace any prior agreements we might have had between us regarding
Service.
23. Changes To Service
We reserve the right to withdraw or
amend our Service, and any service or material we provide via Service, in our
sole discretion without notice. We will not be liable if for any reason all or
any part of Service is unavailable at any time or for any period. From time to
time, we may restrict access to some parts of Service, or the entire Service,
to users, including registered users.
24. Amendments To Terms
We may amend Terms at any time by
posting the amended terms on this site. It is your responsibility to review
these Terms periodically.
Your continued use of the Platform
following the posting of revised Terms means that you accept and agree to the
changes. You are expected to check this page frequently so you are aware of any
changes, as they are binding on you.
By continuing to access or use our
Service after any revisions become effective, you agree to be bound by the
revised terms. If you do not agree to the new terms, you are no longer
authorized to use Service.
25. Waiver And Severability
No waiver by Company of any term or
condition set forth in Terms shall be deemed a further or continuing waiver of
such term or condition or a waiver of any other term or condition, and any
failure of Company to assert a right or provision under Terms shall not
constitute a waiver of such right or provision.
If any provision of Terms is held by
a court or other tribunal of competent jurisdiction to be invalid, illegal or
unenforceable for any reason, such provision shall be eliminated or limited to
the minimum extent such that the remaining provisions of Terms will continue in
full force and effect.
26. Acknowledgement
BY USING SERVICE OR OTHER SERVICES
PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND
AGREE TO BE BOUND BY THEM.
27. Contact Us
Please send your feedback, comments,
requests for technical support by email: info@baramdat.com.