TERMS AND CONDITIONS
Last Updated: 01/07/2024
AGREEMENT TO OUR LEGAL TERMS
We are Binahmy Ventures LLP (“Company”, “we”. “us” or “our”), a company registered in India at Bitbaker building, Ramanattukara, Kozhikode – Kerala – 673633.
We operate the mobile application “Binahmy” (the App), as well as any other related products and services that refer or link to these legal terms (the terms) (collectively), the Services).
You can contact us by email at “ info@binahmy.com or by mail to Binahmy Ventures LLP, Bitbaker building, Ramanattukara, Kozhikode – Kerala – 673633.
The legal terms constitute a legally binding agreement made between you, whether personally or on behalf of any entity (you) and Binahmy Ventures LLP, concerning your acess to and use of the services. You agree that by accessing the services, you have read, understood and agreed to be bound by all of these legal terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST USE IMMEDIATELY.
Message:
The service are intended for users who are buying various products sold by manufactures and sales points which are promoted by us only. We do not collect any fees directly from end users or register for the services.
We recommend that you print a copy of these legal terms for your records. TABLE OF CONTENTS
OUR SERVICES
INTELECTUAL PROPERTY RIGHTS
USER REPRESENTATIONS
USER REGISTRATION
PRODUCTS
PURCHASE AND PAYMENT
RETURN / REFUND POLICY
SOFTWARE
PROHIBITED ACTIVITIES
USER GENERATED CONTRIBUTIONS
CONTRIBUTION LICENCE
MOBILE APPLICATION LICENCE
ADVERTISERS
SERVICES MANAGEMENT
PRIVACY POLICY
COPPYRIGHT INFRINGEMENTS
TERM AND TERMINATION
MODIFICATIONS AND INTERRUPTIONS
GOVERNING LAW
DISPUTE RESOLUTION
CORRECTIONS
DISCLAIMER
LIMITATIONS OF LIABILITY
INDEMNIFICATION
USER DATA
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
MISCELLANEOUS
LEGAL FORMALITIES
CONTACT US
OUR SERVICES
The information provided when using the services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
INTELECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual property rights in our services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics in the services (collectively, the ‘content’), as well as the trademarks, service marks, and logos contained therein (the “Marks”).
Our content and marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in India and around the world.
The content and marks are provided in or through the services ‘AS IS ‘ for your personal, non- commercial use or internal business purpose only.
Your use of services
Subject to your compliance with these legal terms, including the ‘PROHIBITED ACTIVITIES’ section below, we grant you a non-exclusive, non-transferrable, revocable license to:
access the services, and
upload or download or print a copy of any portion of the content to which you have properly gained access.
Solely for your personal, non-commercial use or internal business purpose.
Except as set out in this section or elsewhere in our legal terms, no part of the services and no content or marks may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or elsewise exploited for any commercial purpose whatsoever without our express prior written permission.
If you wish to make any use of the services, content, or marks other than as set out in this section or elsewhere in our legal terms, please address your request to our contact address published herewith. If we ever grant you the permission to post, reproduce, or publicly display any part of our services or content, you must identify us as the owners or licensors of the services, content or marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing or displaying our content.
We reserve all rights not expressly granted to you in and to the services, content and marks. Any breach of these intellectual property rights will constitute a material breach of our legal terms and your right to use our services will terminate immediately.
Your submissions and contributions.
Please review this section and the “PROHIBITED ACTIVITIES” section carefully prior to using our services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the services.
Submissions: By directly sending us any question, comment, suggestion, idea, feedback or other information about the services (submission), you agree to assign to us all intellectual property rights in such submission. You agree that we shall own this submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgement or compensation to you.
Contributions: The services may invite you to chat, contribute to invest, or participate, message boards, online forums, and other functionality during which you may create, submit, post, display, transmit, publish, buy, distribute or broadcast content and materials to us or through the services, including but not limited to text to text, writings, audio, photographs, music, graphics, comments, reviews, rating, suggestions, personal information, other material (contributions). Any submission that is publicly posted shall also be treated as contribution.
You understand that contributions may be viewable by other users of the services.
When you post contributions, you grant us a licence (including use of your name, trademarks, and logos): By posting any contributions, you grant us an unrestricted, unlimited, irrevocable, perpectual, non-exclusive, transferable royalty-free, fully paid, worldwide right, and licence to use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and exploit your contributions (including without limitation, your image, name, and voice) for any purpose, commercial, advertise to prepare derivative works of or incorporate into other works, your contributions and to sublicence the licences granted in the section. Our use and distribution may occur in any media formats and through any media channels.
This licence includes our use of your name, company name and franchise name as applicable, and any of the trademarks service marks, trade name, logos and personal and commercial images you provide.
You are responsible for what you post or upload: By sending us submissions and / or posting contributions through any part of the services or making contributions accessible through the services by linking you account through the services to any of your social networking accounts. You:
Confirm that you have read and agree with our PROHIBITED ACTIVITIES and will not post, send, publish, upload, or transmit through the services any submission nor post any contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false inaccurate, deceitful or misleading.
To the extent permissible by applicable law, waive any and all moral rights to any such submission and or contribution.
Warrant that any such submission and or contributions are original to you or that you have the necessary rights licences to submit such submissions and / or contributions and that you have full authority to grant us the above-mentioned rights in relation to your submissions and or contributions; and
Warrant and represent that your submissions and / or contributions do not constitute confidential information.
You are solely responsible for your submissions and / or contributions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this
section , (b) any third party’s intellectual property rights, or (c) applicable law.
We may remove or edit your content: Although we have no obligation to monitor any contributions, we shall have the right to remove or edit any contributions at any time without notice if in our reasonable opinion we consider such contributions harmful or in breach of these legal terms. If we remove or edit any such contributions, we may also suspend or disable your account and report you to the authorities.
Copyright Infringement:
We respect the intellectual property rights of others. If you believe that any matter available on or through the services infringes upon any copyright you own or control, please immediately refer to the COPYRIGHT INFRINGEMENTS section below.
USER REPRESENTATIONS
By using the services, you represent and warrant that: (1) registration information you submit will be true, accurate, current, and complete. (2) you will maintain the accuracy of such information and promptly update such registration information as necessary. (3) you have the legal capacity and you agree to comply with these legal terms. (4) you are not a minor in the jurisdiction in which you reside. (5) you will not access the services through automated or non- human means. Whether through a bot, script or otherwise (6) you will not use the services for any illegal or unauthorised purpose, and (7) your use of the services will not violate any applicable law or regulation.
USER REGISTRATION
You may be required to register with information required by the company to use the services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim or change a username you select if we
determine in our sole discretion, that such username is inappropriate, obscene or otherwise objectionable.
PRODUCTS
We make every effort to display as accurately as possible the colours, features, specification and details of the products available on the services offered by third parties. However, we do not guarantee that the colours, features, specifications and details of the products will be accurate, reliable, current or free of other errors, and your electronic display may not accurately reflect the actual colours and details of the products. All products are subject to availability as supplied by its original producers / suppliers / shops and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any tie for any reason. Prices for all products are subject to change as per the decision of its producers / suppliers and shops. Offers (percentage / and or count, unit) displayed are the entire decision of the party registered as SHOP / MANUFACTURER only. Our part is to display the content offered by any such third parties by agreeing our terms and conditions only.
PURCHASE AND PAYMENT
We accept the following forms of payment:
UPI
You agree to provide current, complete and accurate purchase and account information for all dealings made via the services. You further agree to promptly update account and payment information, including email address, payment method and payment requirements and dates, so that we can complete your transactions and contact you as needed. Tax will be added to the purchases / earnings as deemed required by us and applicable law. We may change prices / offers / commission rates at any time. All payments shall be in Indian rupees only.
You agree to pay all charges at the prices then in effect for your purchases and any applicable delivery fees, and you authorise us to collect your offers / commissions / payments from service providers registered in the service, and you authorise us to change your payment provider for any such amounts upon placing order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. You also agree to keep such payments by us for the period mentioned during the registration of our services without any interest or profits.
We reserve the right to refuse any order placed through the services. We may, in our sole discretion, limit or cancel quantities offered for the service to any person, per manufacturer, per shop or any orders. These restrictions may include orders placed by or under the same customer account, the same payment method, and / or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, distributors or manufactures.
RETURN / REFUND POLICY
Products return and refund policy shall be according to the decision of shop / manufacturers only. Otherwise, all sales are final and no refund will be issued.
SOFTWARE
We may include software for use in connection with our services. If such software is accompanied by an end user licence agreement (EULA), the terms of the EULA will govern your use of the software. If such software is not accompanied by a EULA, then we grant to you a non- exclusive, revocable, personal and non-transferable licence to use such software solely in connection with our services and in accordance with these legal terms. Any software and any related documentation is provided ‘AS IS’ without warranty of any kind, either express or implied, including without limitation the implied warranties of merchantability fitness for a particular purpose or non-infringement. You accept any and all risk arising out of use or performance of any software of any software. You may not reproduce or redistribute any software except in accordance with the EULA or these Legal terms.
PROHIBITED ACTIVITIES
You may not access or use the services for any purpose other than that for which we make the services available. The services may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.
As a user of the services, you agree not to:
Systematically retrieve data or other content from the services to create or compile directly or indirectly, a collection, compilation, database or directory without written permission from us.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Circumvent, disable or otherwise interfere with security related features of the services, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the services and / or the content contained therein.
Discharge, tarnish or otherwise harm, in our opinion, us and / or the services.
Use of any information obtained from the services in order to harass, abuse, or harm another person.
Make improper use of our support services or submit false reports of abuse or misconduct.
Use the services in a manner inconsistent with any applicable laws or regulations.
Engage in unauthorised framing of or linking to the services.
Upload or transmit (or attempt) to upload or to transmit) duplicate bills, upload or transmit (or attempt) to upload same bills, photos and information more than one time as required by the service, Upload or transmit (or attempt) to upload viruses, trojan horses or other material, including excessive use of capital letters and spamming (continuous posting of
repetitive text, bills and photos) that interferes with any party’s uninterrupted use and enjoyment of the services or modifies, impairs, disrupts alerts or interferes with the use features, functions, operation or maintenance of the services.
Engage any automated use of the system, such as using scripts to send comments or messages or using any data mining, robots or similar gathering and extraction tools.
Delete the copyright or other proprietary rights notice from any content.
Attempt to impersonate another use or person or use the username of another user.
Upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (gifs), 1x1 pixels, web bugs, cookies or other similar devices (sometimes referred to as ‘spyware’ or passive collection mechanism or ‘pcms)
Interfere with, disrupt, or create an undue buren on the services or the networks or services connected to the services.
Haras, annoy, intimate or threaten any of our employees or agents engaged in providing any portion of the services to you.
Attempt to bypass any measures of the services designed to prevent or restrict access to the services connected to the services.
Copy or adapt the services software, including but not limited to flash, php, html, javescript or other code.
Except as permitted by applicable law, decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the services.
Except as may be the result of standard search engine or internet browser usage, use, launch, develop or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper or offline reader that access the services or use or launch any unauthorised script or other software.
Make any unauthorised use of the services, including collecting usernames and / or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false preferences.
Use the services as part of any effort to compete with us or otherwise use the services and / or the content for any revenue generating endeavour or commercial enterprise.
Sell or otherwise transfer your profile.
USER GENEREATED CONTRIBUTIONS
The services may invite you to write, chat, contribute or to participate in blogs, boards online forums, and other functionality and may provide you with opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast content, photos, bills, invoices and materials to us on the services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions or personal information or other material
(collectively, ‘contributions’). Contributions may be viewable by other users of the services and through third party services / apps / websites. As such any contributions you transmit may e treated as non-confidential and non-proprietary. When you create or make available any contributions you thereby represent and warrant that:
The creation, distribution, transmission, public display or performance, and the accessing, downloading or copying of your contributions do not and will not infringe the proprietary rights including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
You are the creator and owner of or have necessary licences, rights, consents, releases amd permissions to use and to authorise us, the services, and other users of the services to use your contributions in any manner contemplated by the services and these legal terms.
You have the written consent, release, and / or permission of each and every indefinable individual in your contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your contributions in any manner contemplated by the services and legal terms.
Your contributions are not false, inaccurate or misleading
Your contributions are not unsolicited or unauthorised.
Your contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous or otherwise objectionable (as determined by us)
Your contributions may include provide sales, offers, permission to re-invest
Your contributions do not ridicule, mock, disparage, intimate or abuse anyone.
Your contributions are not used to harass or threaten (in the legal sense of those terms) any other person , shops , manufacturer, dealer, agent and services, and to promote violence against these people and a specific person or class of people.
Your contributions do not violate any applicable law, regulation or rule.
Your contributions do not violate the privacy, business, or publicity rights of any third party.
Your contributions do not violate any applicable law concerning the child labour, child pornography, or otherwise intended to protect the health, wealth and property.
Your contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference or physical handicap.
Your contributions do not otherwise violate or link to material that violates any provision of these legal terms, or any applicable laws or regulations.
Any use of the services in violation of the foregoing violates these legal terms and may result in among other things, termination or suspension of your rights to use the services without any financial guarantee.
CONTRIBUTION LICENCE
By posting your contributions to any part of the services, you automatically grant, and you represent and warrant that you have the right to grant to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid worldwide right, and licence to host, use, copy, reproduce, disclose, sell, resell, publish, re-invest, broadcast, rettle, archive, store, cached, publicity, perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such contributions (including without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise and to prepare derivative works of or incorporate into other works, such contributions, and grant and authorise sublicences of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This licence will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, products, earnings, points, units, shares, company name, shop name and license name as applicable, and any of trademarks, service marks, trade names, logos and personal commercial images you provide. You waive all moral rights in your contributions, and you warrant that moral rights have not otherwise been asserted in your contributions.
We do not assert any ownership over your contributions except the commission earned (rate or units or percentage) mentioned in service dealings. you retain full ownership of all your contributions, posts and any intellectual property rights or other proprietary rights associated with your contributions. We are not liable for any statements or representations in your contributions provided by you in any area on the services. We are not liable for any causes for not meeting your service dealing requirements. You will not get paid any earnings without any contributions as agreed with the terms and conditions of this service. You are solely responsible for your contributions to the services and you expressly agree to exonerate us from any and all responsibility and to retain from any legal action against us regarding your contributions.
MOBILE APPLICATION LICENCE
If you access the services via the App (Binahmy) then we grant you revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the App on such devices strictly in accordance with the
terms and conditions of this mobile applicable licence contained in these legal terms as well as Indian laws. You shall not (1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of or decrypt the App. (2) make any modification, adaptation, improvement, enhancement, translation or derivative work from the App; (3) violate any applicable laws, rules or regulations in connection with your access or use of the App. (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the App. (5) use the App for any revenue- generating endeavour other than the purpose and terms set by the service, commercial enterprise, or other purpose for which is not designed or intended. (6) make the App available over a network or other environment permitting access or use any multiple devices or users at the same time (7) use the App for creating a product, service, or software that is directly or indirectly competitive with or any way a substitute for the App. (8) uses the App to send automated queries to any website or to send any unsolicited commercial email or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing or distribution of any applications and services, accessories or devices for use within the App.
Apple and Android Devices
The following terms apply when you use the App obtained from either the Apple store or Google Play (each an ‘App Distributor’) to access the services: (1) the licence granted to you for our App is limited to a non-transferable licence to use the application on a device that utilises the Apple IOS or Android operating systems as applicable, and in accordance with the usage rules set forth in the Applicable App Distributor’s terms of service. (2) we are responsible for providing any maintenance and support services with respect to the App as specified in the terms and conditions of this mobile application licence contained in these legal terms or as otherwise required under applicable law and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App. (3) in the event of any failure of the App you may notify the applicable App Distributor and the App Distributor in accordance with its terms and policies may rectify as per the requirement if any observed, and to the maximum extent permitted by applicable law the App Distributor will have no other warranty obligation whatsoever with respect to the App. (4) you represent and warrant that (i) you are not located in a country that is subject to a Indian government embargo or that has been designated by the Indian government as a terrorist supporting country and )ii) you are not listed on any Indian government list of prohibited or restricted parties, (5) you must comply with applicable third-party terms of agreement when using the App, e.g. if you have VoIP application, then you must not be in violation of their wireless data service agreement when using the App, and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application licence contained in these legal terms and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application licence contained these legal terms against you as a third party beneficiary thereof.
ADVERTISERS
We allow manufactures, shops and service providers to display their product details, photos and other information in certain areas of the services wherever applicable. We have no other relationship with advertisers.
SERVICES MANAGEMENT
We reserve the right not the obligation to (1) monitor the services for violations of these legal terms (2) take appropriate legal action against anyone who in our sole discretion, violates the law or these legal terms including without limitation, reporting such user to law enforcement authorities (3) in our sole discretion and without limitation, refuse, restrict access to limit the availability of or disable (to extent technologically feasible)any of our contributions or any portion thereof (4) in our sole discretion and without limitation, notice, or liability to remove from the services or otherwise disable all files and content that are excessive in size or area in any way burdensome to our systems, and (5) otherwise manage the services in a manner designed to protect our rights and property and to facilitate the proper functioning of the services.
PRIVACY POLICY
We care about data privacy and security. Please review our privacy policy By using the services, you agree to be bound by our privacy policy which is incorporated into these legal terms. Please be advised the services are not hosted in India. If you access the services from any region of the world with laws or other requirement governing personal data collection, use or disclosure that differ from applicable laws in India, then through your continued use of the services you are transferring your data to India, and you expressly consent to have your data transferred to and processed in India.
COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others. If you believe that any material available on or through the services infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a ‘Notification’) A copy of your notification will be sent to the person who posted or stored the material addressed in the notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a notification. Thus, if you are not sure that material located on or linked to the services infringes your copyright, you should consider first contacting an attorney.
TERM AND TERMINATION
These legal terms shall remain the full force ad effect while you use the services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, We reserve the right to, in our sole discretion and without notice or liability, deny , access to and use of the services (including blocking certain IP address), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty or covenant contained in these legal terms or of any applicable law or regulation, we may terminate your use or participation in the services or delete your account and any content or information that you posted any time without warning in our sole discretion.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party even if you may be acting on behalf of the third party in addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify or remove the contents of the services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our services. We also reserve the right to modify or discontinue all or part of the services without notice at any time. We shall not be liable to you or any third party for any modification, price change, suspension, tenure ending of any particular offer, suspension or discontinuance of services.
We cannot guarantee the services will be all times. We may experience hardware, software or other problems or need to perform maintenance related to the services, resulting in interruptions, delays or errors. We will not be liable for any problems associated with internet or network. We reserve the right to change, revise, update, suspend, discontinue or otherwise modify the services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss damage or inconvenience caused by your liablity to access or use the services during any downtime or discontinuance of the services. Nothing in these legal terms will be constituted to obligate us to maintain and support the services or to supply any corrections, updates, or releases in connection therewith.
GOVERNING LAW
These legal terms shall be governed by and defined following the laws of India. Binahmy Ventures LLP and yourself irrevocably consent that the courts of Inida shall hve exclusive jurisdiction to resolve any dispute which may arise in connection with these legal terms.
DISPUTE RESOLUTION
You agree to irrevocably submit all disputes related to these legal terms of the legal relationship established by these legal terms to the jurisdiction of the Indian courts. Binahmy Ventures LLP shall also maintain the right to bring proceedings as to the substance of the matter in the courts of the country, where you reside or if these legal terms are entered into in the course of your trade or profession, the state of your principal place of business.
CORRECTIONS
There may be information on the services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability and various others information. We reserve the right to correct any errors, inaccuracies or omissions and to change or update the information on the services at any time without prior notice.
DISCLAIMER
The services are provided on an as – is and as – available basis. You agree that your use of the services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties express or implied In connection with the services any your use thereof, including without limitation. The implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranties or representations about the accuracy or completeness of the services content or the content of any websites or mobile applications linked to the services and we will assume no liability or responsibility for any (1) Errors, mistakes, or inaccuracies of content materials (2) Personal injury or property damage of any nature whatsoever resulting from your access to and use of the services. (3) Any unauthorised access to or use of our secure services and / or any and all personal information and / or financial
information stored therein. (4) Any interruption or cessation of transmission to or from the services (5) any bugs, viruses, trojan horse, or the like which may be transmitted to or through the services by any user or third party, and / or (6) Any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available as a result of the use of any content posted, transmitted or otherwise made available via the services. We do not warrant, endorse, guarantee or assume responsibility hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or I any environment, you should use your best judgement and exercise caution where appropriate.
LIMITATIONS OF LIABILITY
In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary incidental, special or punitive damages including lost profit, lost revenue, loss of data or other damages arising from your use of the services even if we have been advised of the possibility of such damages notwithstanding anything to the contrary contained herein. In no event we or our directors, employees, or agents be liable to you or any third party for any financial settlement due from any users, companies, merchants or shops (‘organizations’) while the usage of services. Our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid if any by you to us during the six months period prior to any cause of action arising certain us state laws and country laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages.
INDEMNIFICATION
You agree to defend, indemnify and hold us harmless, including subsidiaries, affiliates and all of our respective officers, agents, partners and employees from and against any loss, damage, liability, claim or demand including reasonable attorneys fees and expenses made by any third party due to or arising out of (1) your contributions, (2) use of the services, (3) breach of these legal terms, (4) any breach of your representations and warranties set forth in these legal terms,
(5) your violation of the rights of a third party including but not limited to intellectual property rights, or (6) any over harmful act toward any other user of the services with whom you connected via the services. Notwithstanding the foregoing, we reserve the right at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate at your expense with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action or proceeding which is subject to this indemnification upon becoming aware of it.
USER DATA
We will maintain certain data that you transmit to the services for the purpose of managing the performance of the services as well as data relating to your use of the services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss of corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS AND SIGNATURES
Visiting the services, sending us emails and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, mobile and on the services satisfy any legal requirement that such communication be in writing YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURE, CONTRACTS, ORDERS AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, ELECTRONIC MONETARY TRANSACTIONS AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US
OR VIA THE SERVICES. You hereby waive any rights of requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
MISCELLANEOUS
These legal terms and any policies or operating rules posted by us on the services or in respect to the services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these legal terms shall not operate as a waiver of such provision. These legal terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control. If any provision. These legal terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these legal terms is determined to be unlawful, void or enforceable that provision or part of the provision is deemed severable from these legal terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these legal terms or use of the services. You agree that these legal terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic for of these legal terms and the lack of signing by the parties hereto to execute these legal terms.
ALL LEGAL FORMALITIES SHALL BE IN THE JURISDICTION OF KOZHIKODE DISTRICT COURT ONLY.
CONTACT US
In order to resolve a complaint regarding the services or to receive further information regarding use of the services, please contact us at:
Binahmy Ventures LLP
Bitbaker Building, Manthrammal Road, Kozhikode – Kerala 673633 - India
PRIVACY NOTICE
Last updated on 01 / 07 / 2024
This privacy notice for Binahmy Ventures LLP (“we, “us, or “our”), describes how and why we might collect, store, use, and / or share (process) your information when you use our services (‘Services”), such when you:
Questions or concerns? Reading this privacy notice will help you understand your privacy rights and choices. If you do not agree with our policies and practices, please do not use our services.
SUMMARY OF KEY POINTS
This summary provides key points from our privacy policy notice, but you can find out ore details about any of these topics by clicking the link following each key point or by using our table of contents below to find the section you are looling for.
What personal information do we process? When you visit, use, or navigate our services, we may process personal information depending on how you interact with us and the services, the choices you make, and the products and features you use. Learn more about personal information you disclose to us.
Do we process any sensitive personal information? We do not process sensitive personal information.
Do we receive any information from third parties? We may receive information from public databases, marketing partners, social media platforms and other outside sources. Learn more about information collected from other sources.
How do we process your information? We process your information to provide, and administer our services communicate with you, for security and fraud prevention, and to comply with law. We may also process your information for other purposes with your consent. We process your information only when we have a valid legal reason to do so. Learn more about how we process your information.
In what situations and with which parties do we share personal information? We may share information in specific situations and with specific third parties. Learn more about when and with whom we share your personal information.
What are your rights? Depending on where you are located geographically, the applicable privacy law may mean you have certain rights regarding your personal information. Learn more about your privacy rights.
How do you exercise your rights? The easiest way to exercise your rights is by submitting a data subject access request, or by contacting us. We will consider and act upon any request in accordance with applicable data protection laws.
Want to learn more about what we do with any information we collect? Review the privacy notice in full.
WHAT INFORMATION DO WE COLLECT?
HOW DO WE PROCESS YOUR INFORMATION?
WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?
DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?
HOW DO WE HANDLY YOUR SOCIAL LOGINS?
IS YOUR INFORMATION TRANSFERRED INTERNATIONALLY?
HOW LONG DO WE KEEP YOUR INFORMATION?
DO WE COLLECT INFORMATION FROM MINORS?
WHAT ARE YOUR PRIVACY RIGHTS?
CONTROLS FOR DO-NOT TRACK FEATURS
DO WE MAKE UPDATES TO THIS NOTICE?
HOW CA YOU CONTACT US ABOUT THIS NOTICE?
HOW CAN YOU REVIEW, UPATE, OR DELETE THE DATA WE COLLECT FROM YOU?
WHAT INFORMATION DO WE COLLECT?
We collect personal information that you voluntarily provide to us when you register on the services, express an interest in obtaining information about us or our products and services, wen you participate in activities on the services, or otherwise when you contact us.
All personal information that you provide to us must be true, complete and accurate, and you must notify us of any changes to such personal information through the services or directly.
In short: some information – such as your internet protocol (IP) address and / or browser and device characteristics – is collected automatically when you visit our services.
We automatically collect certain information when you visit, use, or navigate the services, this information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characterstics, operating system, language preferences, referring URLS, device name, country, location, information about how and when you use our services and other technical information. This information is primarily needed to maintain the security and operation of our services, and for our internal analytics and reporting, payout purposes. Like many business, we also collect information through cookies and similar technologies
HOW DO WE PROCESS YOUR INFORMATION?
In short: we process your information to provide, improve and administer our services, communicate with you, for security and fraud prevention, and to comply with law. We may also process your information for other purposes with your consent.
We process your information for a variety of reasons, depending on how you interact with our services, including:
WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?
In short: we may share information in specific situations described in this section and / or with the following third parties.
We may need to share your personal information in the following situations:
DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?
In short: We may use cookies and other tracking technologies to collect and store your information.
We may use cookies and similar tacking technologies (like web beacons and pixels) to access or store information. Specific information about how we use such technologies and how you can refuse certain cookies is set out in our cookies notice.
In short: if you choose to register or log in to our service using a social media or google accounts, we may have access to certain information about you.
Our services offer you the ability to register and log in using your third – party social media account details, were you choose to do this, we will receive certain profile information about you from you such account provider. The profile information we receive may vary depending on the social media provider concerned, but will often include your name, email address, and phone number as well as other information you choose to make public on such a social media account.
We will use the information we receive only for the purpose that are described in this privacy notice or that are otherwise made clear to you on the relevant services. Please note that we do not control and are not responsible for other uses of your personal information by your third-party provider. We recommend that you review their privacy notice to understand how they collect, use, and share your personal information and how you can set your privacy preferences on their sites and apps.
IS YOUR INFORMATION TRANSFERRED INTERNATIONALLY?
In short: we may transfer, store and process your information in countries other than you own.
Our services are located in India only. If you are accessing our services from outside, please aware that your information may be transferred to, stored and processed by us in our facilities and by those third parties with whom we may share your personal information (see “WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?” above), in and
other countries.
If you are resident of other than India, then those countries may not necessarily have data protection laws or other similar laws as comprehensive as those in your country, however, we will take all necessary measures to protect your personal information in accordance with this privacy notice and applicable law.
HOW LONG DO WE KEEP YOUR INFORMATION?
In short: we keep your information for as long as necessary to fulfil the purpose outlined in this privacy notice unless otherwise require by law.
We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy notice, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements)
When we have to ongoing legitimate business need to process your personal information, we will either delete or anonymize such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until detention is possible.
DO WE COLLECT INFORMATION FROM MINORS?
In short: we do not knowingly collect data from children by using the services, you represent that you are at least 18 or that you are the parent, guardian, teacher, head of the
campus/school of such minor and consent to such minor dependent’s use of the services. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we may have collected from children under age 18, please contact us at Binahmy Ventures LLP, Bitbaker building, Manthrammal road, Ramanattukara – Kozhikode -Kerala 673633.
WHAT ARE YOUR PRIVACY RIGHTS?
In short: you may review, change or terminate your account at any time.
Withdrawing your consent : If we are relying on your consent to process your personal information, which may be express and / or implied consent depending on the applicable law, you have the right to withdraw your consent at any time. You can withdraw your consent at any time by contacting us by using the contact details provided in the section “HOW CAN YOU CONTACT US ABOUT THIS NOTICE?” below
However, please note that this will not affect the lawfulness of the processing before its withdrawal nor when applicable law allows will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent. Also note that this will not include if any financial settlement due gained using the services.
Account information: if you would at any time like to review or change the information in your account or terminate your account, you can: upon your request to terminate your account, we will deactivate or delete your account and information from our active database. However, we may retain some information in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our legal terms and / or comply with applicable legal and financial requirements.
CONTROLS FOR DO NOT TRACK FEATURES
Most web browsers and some mobile operative systems and mobile applications include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy notice.
DO WE MAKE UPDATES TO THIS NOTICE?
In short: yes, we will update this notice as necessary to stay compliant with relevant laws. We may update this privacy notice from time to time. The updated version will be indicated by an updated “Revised” date and the updated version will be effective as soon as its accessible. If we make material changes to this privacy notice, we may notify you either by
prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy notice frequently to be informed of how we are protecting your information.
HOW CAN YOU CONTACT US ABOUT THIS NOTICE?
If you have any questions or comments about this notice, you may contact us by post at Binahmy Ventures LLP, Bitbaker building,
Manthrammal Road, Ramanattukara Kozhikode – Kerala -673663 – INDIA
HOW CAN YOU REVIEW, UPDATE OR DELETE THE DATA COLLECT FROM YOU?
Based on the applicable laws of your country, you may have the right to request access to the personal information we collect from you, change that information, or delete it. To request to review, update, or delete your personal information you will have the access to use the service options / account setting options at any time of your consideration by adhering the legal terms of the service.