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TERMS OF SERVICE

Posted as of 21/Oct/2024
Last updated as of 22/Oct/2024

Welcome to Biswas Enterprise Terms of Service

We, BISWAS ENTERPRISE LTD, are a Private Limited Company registered in the United Kingdom with Company Number 16030251 and having the registered address at Tallis House, 2 Tallis Street, London, EC4Y 0AB, United Kingdom (hereinafter referred to as "Company") and are operating business under the brand name “Biswas Enterprise” (hereinafter referred to as "Brand Name"). This Terms of Service (hereinafter referred to as "Terms of Service") is our commitment towards your trust and we intend to facilitate Services (defined later) through our Website. This Terms of Service lays down all the terms and conditions surrounding the usage of our Website https://www.biswasenterprise.co by You.

The act of using, registering, or perusing our Website establishes a contractual agreement between the user and our organization, as outlined in our Terms of Service and other pertinent policies associated with our Website. This agreement serves all contractual, legal, and compliance purposes. The present Terms of Service hold legal validity and are regarded as an electronic record under the Data Protection Act 2018, the UK General Data Protection Regulation (UK GDPR), and other relevant UK laws concerning electronic records. The computer system generates this electronic record, obviating the need for any physical or digital signature.

  1. Definition and Interpretation
    1. Definition
      1. Applicable Laws - pertains to all the legal provisions, regulations, statutes, ordinances, by-laws, including the Data Protection Act 2018, UK GDPR, and other relevant amendments enforceable within the United Kingdom.
      2. Content - pertains to all the textual material, advertisements, graphics, User interfaces, visual interfaces, photographs, trademarks, logos, brand names, descriptions, sounds, music, and artwork.
      3. Third Parties - pertains to all legal entities, whether individual or corporate, that are associated with the Website, with the exception of the Users and the Website's owners.
      4. Services - pertains to all the provisions offered to the User through the Website.
      5. User - refers to individuals who avail the services and experience offered by us.
    2. Interpretation
      1. Company – for the purposes of this Terms of Service, wherever the context so requires, “We”, “Our”, and “Us” shall mean and refer to Biswas Enterprise LTD and its owned Website.
      2. User - for the purposes of this Terms of Service, wherever the context so requires, “You”, “Your”, “Yourself” and “User”, shall mean and refer to natural and legal individuals who shall be users of this Website provided by Us and who are competent to enter into binding contracts, as per law.
      3. The headings of each section in these Terms of Service are only for the purpose of organizing the various provisions under these Terms of Service in an orderly manner and shall not be used by you to interpret the provisions contained herein in a manner as may apply to you. Further, it is specifically agreed by you that the headings shall not have legal or contractual value on your usage of the Website.
      4. The Parties shall refer and mean the Company and User together, for the purpose of interpretation of terms of this Terms of Service.
      5. The use of this Website is solely governed by these Terms of Service, Privacy Policy, and any other relevant policies as updated on the Website and any modifications or amendments made thereto by us from time to time, at our sole discretion. If you as a User continue to access and use this Website, you are agreeing to comply with and be bound by the following Terms of Service, Privacy Policy, and any other applicable policies, thereof.
      6. You expressly agree and acknowledge that these Terms of Service and Privacy Policy, and any other applicable policies, are co-terminus in nature and that the expiry/termination of either one will lead to the termination of the other.
      7. You unequivocally agree that these Terms of Service, Privacy Policy, and any other applicable policies, constitute a legally binding agreement between us and that you shall be subject to the rules, guidelines, policies, terms, and conditions applicable to your use of the Website, and that the same shall be deemed to be incorporated into these Terms of Service and shall be treated as part and parcel of the same. You acknowledge and agree that no signature or express act is required to make these Terms of Service and the Privacy Policy binding on you and that your act of visiting/browsing any part of the Website constitutes your full and final acceptance of these Terms of Service, Privacy Policy, and any other applicable policies.
      8. We reserve the sole and exclusive right to amend or modify these Terms of Service without any prior permission or intimation to you, and you expressly agree that any such amendments or modifications shall come into effect immediately. If you do not adhere to the changes, you must stop using the Website at once. Your continued use of the Website will signify your acceptance of the changed Terms of Service.
  2. Website Overview

    Our website offers various IT-related services and solutions to its users. Being an online operation means that customers can access and interact with the Company's offerings from anywhere with an internet connection.

  3. Services on the Website
    1. Software Development: BISWAS ENTERPRISE may develop custom software solutions for businesses or individuals, tailored to their specific needs.
    2. Website Design and Development: The Company provides services for creating, designing, and maintaining websites for clients.
    3. Ecommerce Development: Development and optimization of ecommerce websites to enhance user experience and business functionality.
    4. IT Consulting: BISWAS ENTERPRISE provides consulting services to help clients make informed decisions regarding their IT infrastructure, software, and technology strategies.
    5. Technical Support: Offering technical assistance, troubleshooting, and maintenance services for IT systems and software.
    6. Cybersecurity Services: Ensuring secure digital asset management and protection against cyber threats.
    7. Digital Marketing Solutions: Covering SEO, SMO, PPC, and content strategies for improving online visibility.
  4. Compliance

    This Terms of Service complies with the provisions of the UK GDPR and Data Protection Act 2018 for the processing and protection of personal data. The Company ensures:

    1. Lawful, fair, and transparent processing of personal data.
    2. Secure storage and restricted access to personal information.
    3. Compliance with user rights, including data access, rectification, and deletion, as required under the UK GDPR.
  5. Registration

    Registration on the Website is mandatory for Users who wish to avail themselves of the services offered. To register, Users must provide the following details:

    1. Full Name
    2. Mobile Number
    3. Email Address
    4. Geographical Location
    5. Entity Name (for businesses)
    6. Registration Number (CIN, etc., for legal entities)
    7. Registered Office Address

    All registrations will undergo OTP (One-Time Password) verification to ensure authenticity. Users also have the option to sign-up using their Google or Facebook accounts.

  6. Operations
    1. The Company retains the right to alter, suspend, or discontinue any features or functionalities of the Website at any given time without prior notification.
    2. In case of any modifications, the associated Termination Clause shall remain effective and applicable.
  7. Eligibility
    1. Users represent and warrant that they are competent and eligible to enter into legally binding agreements, as per the Applicable Laws.
    2. Minors may use the Website under the supervision of a legal guardian. All actions taken by minors will be deemed to have been conducted under such supervision.
    3. Users disqualified under any Applicable Laws or those who fail to meet the legal requirements for contract formation shall not use the Website.
  8. Payment Gateway

    Third-Party Payment Gateways are used for secure online transactions. No payment-related information such as Credit Card numbers, Debit Card numbers, UPI IDs, or Bank Account Details are stored or managed by our Website. All payment-related details are securely processed through our payment service providers in compliance with applicable laws.

  9. Content
    1. All the Content displayed on the Website is subject to copyright and shall not be reused by You (or a Third-Party) without prior written consent from the Company and the copyright owner.
    2. You are solely responsible for the integrity, authenticity, quality, and/or genuineness of the Content provided by you on the Website and whilst feedback and comments by You can be made via the Website, we bear no liability whatsoever for any feedback or comments made by the other Users or made in respect of any of the Content on the Website. Further, the Company reserves its right to suspend the account of any User for an indefinite period to be decided at the discretion of the Company or to terminate the account of any User who is found to have created or shared or submitted any Content or part thereof that is found to be untrue/ inaccurate/ misleading/ offensive/ vulgar. You shall be solely responsible for making good any financial or legal losses incurred through the creation/ sharing/ submission of Content or part thereof that is deemed to be untrue/ inaccurate/ misleading/ offensive/ vulgar.
    3. You have a personal, non-exclusive, non-transferable, revocable, limited privilege to access the Content on the Website. You shall not copy, adapt, or modify any Content without written permission from the Company.
  10. Indemnity

    The User consents to indemnify while preserving Us, along with our directors, officers, employees, and agents (collectively referred to as "Parties"), from any losses, liabilities, claims, damages, demands, costs, and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) that may be asserted against or incurred by Us due to a breach or non-performance of any representation, warranty, covenant, or agreement made or obligation to be performed by the User according to these Terms of Service. Moreover, you consent to indemnify the Company from any allegations brought forth by any external party as a result of, or in relation to, the following:

    1. The manner in which you utilize the Website;
    2. Your breach of the provisions outlined in these Terms of Service;
    3. Your infringement upon the rights of other Parties, Users, and/or Third-Party entities;
    4. Your purported inappropriate behavior in accordance with these Terms of Service; and
    5. Your actions in relation to the Website.

    The User consents to provide complete cooperation in the process of indemnifying the Company, bearing the expenses themselves. It is also expected that you will refrain from reaching a settlement with any other party involved in the matter without obtaining prior consent from the Company.

    The Company shall not be held responsible for compensating the User or any third party for any damages, including but not limited to loss of profits, data, or use that may result from the use of the Website's services or materials. This includes damages that may be considered special, incidental, indirect, consequential, or punitive, regardless of whether they were foreseeable or whether the User had been advised of the possibility of such damages. The Company cannot be held liable based on any theory of liability, including breach of contract or warranty, negligence, or other tortuous action, or any other claim arising from the user's use of or access to the Website's services or materials.

  11. Limitation of Liability

    The Company shall not be held liable for any direct or indirect damages resulting from the use of the Website or its Services. This includes, but is not limited to:

    1. Loss of data or profits
    2. Unauthorized access
    3. Errors or interruptions in Service delivery
    4. Transmission of harmful codes or malware

    These limitations are enforceable to the extent permissible by Applicable Laws, including the UK GDPR and Data Protection Act 2018.

  12. Termination
    1. Termination by User: Users can terminate their account created on our platform by using the account deletion process on the Website or by sending a "request for deletion" mail to support@biswasenterprise.co.
    2. Termination by the Company: The Company reserves the right to terminate or suspend the User’s access to the Website, in whole or in part, without prior notice, for any reason including, but not limited to, violation of these Terms of Service or any applicable laws or regulations. In the event of termination by the Company, Users will no longer have access to the account and any data associated with it.
    3. Effect of Termination: Upon termination of your access to the Website, you agree to cease all use of the Website and any related services. The Company shall have no obligation to retain any of your data stored on the Website and may delete such data upon termination.
    4. Reinstatement of Account: If your access to the Website has been terminated by either party, you may request reinstatement of your account by contacting the Company. The Company reserves the right to accept or reject such a reinstatement request in its sole discretion.
    5. The Company reserves the right to modify, suspend, or terminate the Website or any part thereof, including any features or functionalities, at any time without prior notice. In the event of such modification, suspension, or termination, this Termination Clause shall continue to apply.
  13. Communication

    By using this Website and providing your identity and contact information to the Company through the Website, you agree and consent to receive e-mails or SMS from us and/or any of its representatives at any time.

    You can report to support@biswasenterprise.co if you find any discrepancy with regard to Website or Content-related information, and we will take necessary action after an investigation. The response with resolution (if any issues are found) shall depend on the time taken for investigation.

    You expressly agree that notwithstanding anything contained hereinabove, it may be contacted by us relating to any services availed by you on the Website or anything pursuant thereto, and you agree to indemnify us from any harassment claims. It is expressly agreed by us that any information shared by us shall be governed by the Privacy Policy.

  14. User Obligations and Formal Undertakings to Conduct

    You agree and acknowledge that you are a restricted user of this Website and you:

    1. Agree to provide genuine credentials during the process whenever required on the Website. You shall not use a fictitious identity. We are not liable if you have provided incorrect information.
    2. Agree that you shall be solely responsible for updating the correct information on the Website in case any information provided to the Website is changed or altered.
    3. Agree that you are solely responsible for maintaining the confidentiality of your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.
    4. Understand and acknowledge that the data submitted is manually entered into the database of the Website. You also acknowledge the fact that data so entered into the database is for easy and ready reference for you, and to streamline the services through the Website.
    5. Authorize the Website to use, store, or otherwise process certain personal information and all published Content, responses, locations, User comments, reviews, and ratings for personalization of service, marketing, and promotional purposes, and for optimization of User-related options and service.
    6. Understand and agree that, to the fullest extent permissible by law, the Website or any of its affiliates or their respective officers, directors, employees, agents, licensors, representatives, operational service providers, advertisers, or suppliers shall not be liable for any loss or damage, of any kind, direct or indirect, in connection with or arising from the use of the Website or this Terms of Service, including, but not limited to compensatory, consequential, incidental, indirect, special, or punitive damages.
    7. Are bound not to cut, copy, modify, recreate, reverse engineer, distribute, disseminate, post, publish, or create derivative works from, transfer, or sell any information obtained from the Website. Any such use/limited use of the Website will only be allowed with prior express written permission.
    8. Agree not to access (or attempt to access) the Website and/or the materials or Service by any means other than through the interface provided by the Website. The use of deep-link, robot, spider, or other automatic devices, program, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Website or its Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials, or any Content, or to obtain or attempt to obtain any materials, documents, or information through any means not specifically made available through the Website will lead to suspension or termination of your access to the Website. We disclaim any liabilities arising concerning such offensive Content on the Website.

      9. You further undertake not to:

    9. Engage in any activity that interferes with or disrupts access to the Website or the Services provided therein (or the servers and networks which are connected to the Website).
    10. Impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity.
    11. Probe, scan, or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. The User may not reverse look-up, trace, or seek to trace any information relating to any other User of, or visitor to the Website, or any other viewer of the Website, including any User account maintained on the Website not operated/managed by the User, or exploit the Website or information made available or offered by or through the Website, in any manner.
    12. Disrupt or interfere with the security of, or otherwise cause harm to the Website, systems resources, accounts, passwords, servers, or networks connected to or accessible through the Website or any affiliated or linked Website.
    13. Use the Website or any material or Content therein for any purpose that is unlawful or prohibited by these Terms of Service, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Website or any other Third-Party(ies).
    14. Violate any code of conduct or guideline which may apply for or to any particular Service offered through the Website.
    15. Violate any applicable laws, rules, or regulations currently in force within or outside the United Kingdom.
    16. Violate any portion of these Terms of Service or the Privacy Policy, including but not limited to any applicable additional terms and conditions of the Website contained herein or elsewhere, whether made by amendment, modification, or otherwise.
    17. Commit any act that causes the Company to lose (in whole or in part) the Services of its Internet Establishment ("ISP") or in any manner disrupts the Services of any other supplier/service provider of the Website.
    18. You hereby expressly authorize the Company to disclose any and all information relating to you in our possession to law enforcement or other government officials, as we may in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involving personal injury and theft/infringement of intellectual property. You further understand that the Website might be directed to disclose any information (including the identity of persons providing information or materials on the Website) as necessary to satisfy any judicial order, applicable law, regulation, or valid governmental request.
    19. Agree to use the Services provided by the Company, our affiliates, consultants, and contracted companies, for lawful purposes only.
    20. Agree to provide authentic and true information. We reserve the right to confirm and validate the information and other details provided by you at any point in time. If upon confirmation such details are found to be false, not to be true (wholly or partly), we shall in our sole discretion reject the service order and debar you from using the Website without prior intimation whatsoever.
    21. Agree not to post any material on the Website that is defamatory, offensive, obscene, indecent, abusive, or needlessly distressful, or advertise any goods or Products. More specifically, you agree not to host, display, upload, update, publish, modify, transmit, or in any manner share any information that:

      22. 5.21.1. Belongs to another person and to which you have no right to;

      5.21.2. Is grossly harmful, harassing, defamatory, obscene, pornographic, pedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

      5.21.3. Is in any way harmful to minors;

      5.21.4. Infringes any patent, trademark, copyright, or other proprietary rights;

      5.21.5. Violates any applicable law for the time being in force;

      5.21.6. Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing;

      5.21.7. Abuses, harasses, threatens, defames, or otherwise violates the legal rights of others;

      5.21.8. Impersonates any person or entity, or falsely states or otherwise misrepresents your affiliation with a person or entity;

      5.21.9. Threatens the unity, integrity, defense, security, or sovereignty of the United Kingdom, public order, or causes incitement to the commission of any offense.

  15. Suspension of User access and activity

    Notwithstanding other legal remedies that may be available, we may in our sole discretion, deny access and/or activity by immediately removing your access credentials either temporarily or indefinitely, or suspend/terminate your association with the Website, and/or refuse to the usage of the Website, without being required to provide you with notice or cause:

    1. If you are in breach of any of these Terms of Service, Privacy Policy, or any other applicable policies;
    2. If you have provided wrong, inaccurate, incomplete, or incorrect information; and
    3. If your actions may cause any harm, damage, or loss to the other Users or the Company, at our sole discretion.
  16. Intellectual Property Rights

    The intellectual property rights, specifically the copyright and trademark, associated with the BISWAS ENTERPRISE LTD are owned by BISWAS ENTERPRISE LTD. The usage of the name without proper authorization is strictly prohibited.

    Unless expressly agreed to in writing, nothing contained herein shall give you a right to use any of the trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports, and other distinctive brand features, save according to the provisions of these Terms of Service that shall be available on the Website. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by either the Website or such other Third-Party and other distinctive brand features of the Website are the property of the Website or the respective copyright or trademark owner. Furthermore, concerning the Website, we shall be the exclusive owner of all the designs, graphics and the like, related to the Website.

    You shall not use any of the Intellectual Property displayed on the Website in any manner that is likely to cause confusion among existing or prospective users of the Website, or that in any manner disparages or discredits the Website, to be determined in the sole discretion.

    You are aware all Intellectual Property, including but not limited to copyrights, relating to said Products and Services resides with the owners, and that at no point does any such Intellectual Property stand transferred from the creators.

    You are further aware that any reproduction or infringement of the Intellectual Property of the owners by you will result in legal action being initiated against you by the respective owners of the Intellectual Property so reproduced/infringed upon. It is agreed to by you that the Contents of this section shall survive even after the termination or expiry of these Terms of Service and/or Privacy Policy.

  17. Disclaimer of Warranties and Liabilities
    1. You further agree and undertake that you are accessing the Website at your sole risk and that you are using the best and prudent judgment before availing of any features on the Website or accessing/using any information displayed thereon.
    2. You agree that any kind of information, resources, activities, or recommendations obtained/availed from the Website, written or oral, will not create any warranty and we disclaim all liabilities resulting from these.
    3. We do not guarantee that the features and content contained in the Website will be uninterrupted or error-free, or that the Website or its server will be free of viruses or other harmful components, and you hereby expressly accept any associated risks involved with your use of the Website.
    4. It is further agreed to by you that the contents of this section shall survive even after the termination or expiry of the Terms of Service and/or Privacy Policy.
  18. Force Majeure

    We will not be liable for damages for any delay or failure to perform our obligations hereunder if such delay or failure is due to cause beyond our control or without its fault or negligence, due to force majeure events including but not limited to acts of war, acts of God, earthquake, riot, fire, festive activities sabotage, labour shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized activities.

  19. Dispute Resolution and Jurisdiction

    In the event of any dispute arising out of or in connection with this Terms of Service, including any dispute relating to the validity of this Terms of Service, the Parties shall, at first instance, attempt to resolve the dispute by mediation administered by the Centre for Online Resolution of Disputes (“CORD”) (www.resolveoncord.com) and conducted in accordance with the CORD Rules of Mediation, by a sole mediator to be appointed by CORD.

    In the event the Parties are unable to resolve any such dispute through mediation within 30 days of the initiation of the dispute, subject to a contrary agreement between the Parties, the dispute shall be finally resolved by arbitration administered by CORD and conducted in accordance with the Rules of Arbitration of CORD, by a sole arbitrator to be appointed by CORD. The language of arbitration shall be English. The seat of arbitration shall be Manchester, United Kingdom.

    You expressly agree that the Terms of Service, Privacy Policy and any other agreements entered into between the Parties are governed by the laws, rules, and regulations of the United Kingdom.

  20. MISCELLANEOUS PROVISIONS
    1. Entire Agreement: These Terms of Service, read with the Privacy Policy and Disclaimer, form the complete and final contract between us with respect to the subject matter hereof and supersedes all other communications, representations, and agreements (whether oral, written, or otherwise) relating thereto.
    2. Waiver: The failure at any time to require the performance of any provision of these Terms of Service shall in no manner affect our right at a later time to enforce the same. No waiver by us of any breach of these Terms of Service, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms of Service.
    3. Severability: If any provision/clause of these Terms of Service is held to be invalid, illegal, or unenforceable by any court or authority of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions/clauses of these Terms of Service shall in no way be affected or impaired thereby, and each such provision/clause of these Terms of Service shall be valid and enforceable to the fullest extent permitted by Applicable Law. In such case, these Terms of Service shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.
    4. Contact Us: If you have any questions about these Terms of Service, the practices of the Website, or your experience, you can contact us by emailing us at support@biswasenterprise.co or by writing to us at: Tallis House, 2 Tallis Street, London, EC4Y 0AB, United Kingdom.