BIKIRAN - Terms of Service Agreement
We know it’s tempting to skip these Terms of Service, but it’s important to establish what you can expect from us as you use BIKIRAN services, and what we expect from you.
This Universal Terms of Service Agreement (`Agreement`) sets forth the terms and conditions of the use of our systems, software, platforms, APIs, and the use and/or purchase of our products and related services and for the purchase and/or use of any products and services acquired through BIKIRAN from our partners and/or affiliates (collectively `Services`).
In this Agreement `You` and `Your` refer to You as the user of our Services, or any agent, employee, servant or person authorized to act on Your behalf. `We`, `Us` and `Our` refer to BIKIRAN. This Agreement explains Our obligations to You, and explains Your obligations to Us for using Our Services. These obligations are in addition to (not in lieu of) any specific terms and conditions that apply to the particular Services.
When You use Our site, Your account (or You permit someone else to use it) to purchase or otherwise acquire access to Services or to cancel Your Services (even if We were not notified of such authorization), You signify Your agreement to the terms and conditions contained in this Agreement, along with the following policies and the applicable product agreements, which are incorporated by reference herein.
1.Term of Agreement; Modification:
BIKIRAN may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of this Site or the Services after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services. In addition, BIKIRAN may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your shopper account (“Account”) information current. BIKIRAN assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address. In addition, BIKIRAN may terminate Your use of Services for any violation or breach of any of the terms of this Agreement by You. BIKIRAN RESERVES THE RIGHT TO MODIFY, CHANGE, OR DISCONTINUE ANY ASPECT OF THIS SITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION PRICES AND FEES FOR THE SAME, AT ANY TIME.
2.Eligibility & Authority:
Our site and Services are available only to users who can form legally binding contracts under applicable law. By using this site and/or the Services, you represent and warrant that you are at least eighteen (18) years of age and not a person barred from purchasing or receiving the Services found under the laws of the United States or other applicable jurisdiction.
If You are entering this Agreement on behalf of a corporate entity, you represent and warrant that You have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement (and those additional agreements and policies incorporated by reference), in which case “You”, “Your” will also refer to such corporate entity. If, after acceptance of this Agreement, we find that You do not have the legal authority to bind said corporate entity, you will be personally responsible for the obligations contained in this Agreement and any/all related agreements that You enter into based on the Services You use, including but not limited to the payment obligations. BIKIRAN shall not be liable for any loss or damage resulting from Our reliance on any instruction, notice, document, or communication reasonably believed by Us to be genuine and originating from an authorized representative of Your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document, or communication, we reserve the right (but undertake no duty) to require additional authentication from You. You further agree to be bound by the terms of this Agreement, and any other agreement and/or policies required by the Services purchased, for transactions entered by You, anyone acting as Your agent, and anyone who uses Your account or the Services, whether or not authorized by You.
3.Your Account:
In order to access some of the features of this Site or use some of the Services, you will have to create an Account. You represent and warrant to BIKIRAN that all information you submit when you create your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete. If BIKIRAN has reason to believe that your Account information is untrue, inaccurate, out-of-date or incomplete, BIKIRAN reserves the right, in its sole and absolute discretion, to suspend or terminate your Account. You are solely responsible for the activity that occurs on your Account, whether authorized by you or not, and you must keep your Account information secure, including without limitation your customer number/login, password, Payment Method(s) (as defined below), and shopper PIN. For security purposes, BIKIRAN recommends that you change your password and shopper PIN at least once every six(6) months for each Account. You must notify BIKIRAN immediately of any breach of security or unauthorized use of your Account. BIKIRAN will not be liable for any loss you incur due to any unauthorized use of your Account. You, however, may be liable for any loss BIKIRAN or others incur caused by your Account, whether caused by you, or by an authorized person, or by an unauthorized person.
4.Your Account; Transfer of Data Abroad:
Your Account:
In order to access some of the features of this Site or use some of the Services, you will have to create an Account. You represent and warrant to BIKIRAN that all information you submit when you create your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete. If BIKIRAN has reason to believe that your Account information is untrue, inaccurate, out-of-date or incomplete, BIKIRAN reserves the right, in its sole and absolute discretion, to suspend or terminate your Account. You are solely responsible for the activity that occurs on your Account, whether authorized by you or not, and you must keep your Account information secure, including without limitation your customer number/login, password, Payment Method(s) (as defined below), and shopper PIN. For security purposes, BIKIRAN recommends that you change your password and shopper PIN at least once every six(6) months for each Account. You must notify BIKIRAN immediately of any breach of security or unauthorized use of your Account. BIKIRAN will not be liable for any loss you incur due to any unauthorized use of your Account. You, however, may be liable for any loss BIKIRAN or others incur caused by your Account, whether caused by you, or by an authorized person, or by an unauthorized person.
Transfer of Data Abroad:
If you are visiting this Site and/or using Our Services from a country other than the country in which Our servers are located, Your communications with Us and/or use of Our Services may result in the transfer of personal information (including Your Account information) across international boundaries. By visiting this Site, using Our Services, and communicating electronically with Us, You consent to such transfers.
5.General Rules of Conduct:
You acknowledge and agree that:
Your use of this Site and the Services, including any content you submit, will comply with this Agreement, any applicable Services Agreement or policy that may apply to your Services and all applicable local, state, national and international laws, rules, and regulations.
You will not collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent.
You will not use this Site or the Services in a manner (as determined by BIKIRAN in its sole and absolute discretion) that: Is illegal or promotes or encourages illegal activity.
Promotes, encourages or engages in the exploitation of children, or any activity related to the proliferation of child sexual abuse material (CSAM); Promotes, encourages, or engages in terrorism, violence against people, animals, or property. Promotes, encourages, or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking.
Violates the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promotes, encourages, or engages in the sale or distribution of prescription medication without a valid prescription.
Violates the Fight Online Sex Trafficking Act of 2017 or similar legislation or promotes or facilitates prostitution and/or sex trafficking.
Infringes on the intellectual property rights of another User or any other person or entity.
Violates the privacy or publicity rights of another User or any other person or entity or breaches any duty of confidentiality that you owe to another User or any other person or entity.
Violates the privacy or publicity rights of another User or any other person or entity or breaches any duty of confidentiality that you owe to another User or any other person or entity.
Interferes with the operation of this Site or the Services found at this Site.
Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging, or limiting the functionality of any software or hardware; or
Contains false or deceptive language, or unsubstantiated or comparative claims, regarding BIKIRAN or BIKIRAN’s Services.
You will not perform any false, abusive, or fraudulent activity. You will not perform any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.
You will not copy or distribute in any medium any part of this Site or the Services , except where expressly authorized by BIKIRAN.
You will not modify or alter any part of this Site or the Services found at this Site or any of its related technologies.
You will not modify or alter any part of this Site or the Services found at this Site or any of its related technologies.
You will not access BIKIRAN Content (as defined below) or User Content through any technology or means other than through this Site itself, or as BIKIRAN may designate.
You agree to back-up all of your User Content so that you can access and use it when needed. BIKIRAN does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of all of your User Content.
You will not re-sell or provide the Services for a commercial purpose, including any of BIKIRAN`s related technologies, without BIKIRAN`s express prior written consent.
You will not circumvent, disable, or otherwise interfere with the security-related features of this Site or the Services found at this Site (including without limitation those features that prevent or restrict use or copying of any BIKIRAN Content or User Content) or enforce limitations on the use of this Site or the Services found at this Site, the BIKIRAN Content or the User Content therein.
You agree to provide government-issued photo identification and/or government-issued business identification as required for verification of identity when requested.
You are aware that BIKIRAN may from time-to-time call you about your account, and that, for the purposes of any and all such call(s), you may be subject to call recording and hereby consent to the same, subject to any applicable laws and our restrictions and obligations thereunder, including, where permissible, to record the entirety of such calls regardless of whether BIKIRAN asks you on any particular call for consent to record such call. You further acknowledge and agree that, to the extent permitted by applicable law, any such recording(s) may be submitted as evidence in any legal proceeding in which BIKIRAN is a party. Further, by providing your telephone or mobile number, you consent to receive marketing telephone calls from or on behalf of BIKIRAN that may be initiated by an automatic telephone dialing system and/or use an artificial or prerecorded voice. You understand that providing consent is not a condition of purchasing any good or service from BIKIRAN. Similarly, by providing your mobile number, you consent to receive marketing text messages from or on behalf of BIKIRAN that may be sent by an automatic telephone dialing system. You understand that providing consent is not a condition of purchasing any good or service from BIKIRAN. Message and data rates may apply.
Without limiting any of the rights set forth elsewhere in this Agreement, BIKIRAN expressly reserves the right to deny, cancel, terminate, suspend, or limit future access to this Site or any Services (including but not limited to the right to cancel or transfer any domain name registration) to any User (i) whose Account or Services were previously terminated or suspended, whether due to breach of this or any other Agreement or any BIKIRAN policy, or (ii) who otherwise engages or has engaged in inappropriate or unlawful activity while utilizing the Site or Services (as determined by BIKIRAN in its sole and absolute discretion).
If your purchase or account activity shows signs of fraud, abuse, or suspicious activity, BIKIRAN may cancel any service associated with your name, email address or account and close any associated BIKIRAN accounts. If BIKIRAN, in its sole discretion, determines that any conducted activity is fraudulent, BIKIRAN reserves the right to take any necessary legal action and you may be liable for monetary losses to BIKIRAN including litigation costs and damages. To contest cancellation of Services or freezing or closure of an account, please contact BIKIRAN Care.
6.Data Protection, Use & Processing:
BIKIRAN offers certain hosted Services available to you that may involve the processing of personal data about you, your customers and/or web users (“Your Data”) in the course of your use of these Services (“Covered Services”). Your Data, for the purpose of this Section, excludes any User Content. BIKIRAN’s Controller to Processor Data Processing Addendum, which is hereby incorporated by reference and applicable to Covered Services, is meant to provide you contractual assurance that we have robust mechanisms to ensure the processing of Your Data, including transfers of Your Data from the European Economic Area to a third country, meets with compliance under applicable data privacy laws.
For the purposes of the Controller to Processor DPA and the Standard Contractual Clauses attached to the DPA (when and as applicable), you (and your applicable affiliates) are considered the Data Controller/Data Exporter, and your acceptance of the Terms of Service governing Covered Services at the time of purchase of any Covered Services will also be treated as your acknowledgement and acceptance of the Controller to Processor DPA and its appendices (including the Standard Contractual Clauses and its appendices, as applicable). If you wish to print, sign, and return a physical copy of the Controller to Processor DPA, please send an email request to [email protected].
Covered Services, as defined in this Section and in the Controller to Processor DPA, include hosted services that are subject to the terms and conditions of the following Agreements: (1) Domain Registration Agreement, (2) Private Email Terms of Service, (3) Hosting Terms of Service, (4) PremiumDNS Terms of Service, (5) Website Terms of Service, (6) Whois Privacy Service Agreement (7) SSL Certificates Service Agreement and (8) SMS Service Terms of Service,
7.User Content:
In addition to the general rules above, the provisions in this section apply specifically to Your use of BIKIRAN Content and User Content posted to BIKIRAN’s site (i.e. those sites which We directly control or maintain). The applicable provisions are not intended to and do not have the effect of transferring any ownership or licensed rights (including intellectual property rights) You may have in content posted to Your websites.
BIKIRAN Content:
Except for User Content, with respect to all content on this site and the Services We offer, all right, title and interest in and to all (i) registered and unregistered trademarks, service marks and logos; (ii) patents, patent applications, and patentable ideas, inventions, and/or improvements; (iii) trade secrets, proprietary information, and know-how; (iv) all divisions, continuations, reissues, renewals, and extensions thereof now existing or hereafter filed, issued, or acquired; (v) registered and unregistered copyrights including, without limitation, any forms, images, audiovisual displays, text, software and (vi) all other intellectual property, proprietary rights or other rights related to intangible property which are used, developed, comprising, embodied in, or practiced in connection with any of the Services identified herein (“IP rights”) are owned by BIKIRAN, and/or where applicable its partners and affiliates, and You agree to make no claim of interest in or ownership of any such IP rights. You acknowledge that no title to the IP rights is transferred to You and that You do not obtain any rights, express or implied, in the Services, other than the rights expressly granted in this Agreement.
BIKIRAN Content is provided to you “as is”, “as available” and “with all faults” for Your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without Our express prior written consent. No right or permission under any copyright, trademark, patent, or other proprietary right is granted by this Agreement. We reserve all rights not expressly granted in and to the BIKIRAN Content, this site, Our Services, and this Agreement do not transfer ownership of any of these rights.
User Content:
Some of the features of Our site(s) or the Services may allow users to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or advice (“User Submissions”), or (b) literary, artistic, musical, or other content, including but not limited to photos and videos, (c) reviews, rankings and/or product ratings (“User Reviews”) (collectively “User Content”). User Content also includes all content submitted through your Account. By posting or publishing User Content to this site or to the Services We offer, You represent and warrant to Us that (i) You have all necessary rights to distribute User Content via this site or via the Services, either because You are the author of the User Content and have the right to distribute the same, or because You have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content, and (ii) the User Content does not violate the rights of any third party.
Security:
You agree not to circumvent, disable, or otherwise interfere with the security-related features of this site or Our Services (including without limitation those features that prevent or restrict use or copying of any BIKIRAN Content or User Content) or enforce limitations on the use of this site or Our Services, the BIKIRAN Content or the User Content therein.
8.BIKIRAN’s Use of User Content:
The provisions in this section apply specifically to BIKIRAN’s use of User Content posted to Our websites (i.e., those sites which BIKIRAN directly controls or maintains). The applicable provisions are not intended to and do not have the effect of transferring any ownership or licensed rights (including intellectual property rights) You may have in content posted to Your hosted websites
In General. You shall be solely responsible for any and all of Your User Content or User Content that is submitted through Your Account, and the consequences of, and requirements for, distributing it.
User Submissions & User Reviews.
You acknowledge and agree that:
- Your User Submissions and/or User Reviews are entirely voluntary.
- Your User Submissions and/or User Reviews do not establish a confidential relationship or obligate Us to treat Your User Submissions as confidential or secret.
- BIKIRAN has no obligation, either express or implied, to develop or use Your User Submissions or User Reviews, and no compensation is due to You or to anyone else for any intentional or unintentional use of Your User Submissions or User Reviews.
- BIKIRAN may be working on the same or similar content, it may already know of such content from other sources, it may simply wish to develop this (or similar) content on its own, or it may have taken / will take some other action.
BIKIRAN shall own exclusive rights (including all intellectual property and other proprietary rights) to any User Submissions and/or User Reviews posted to Our site(s), and shall be entitled to the unrestricted use and dissemination of any User Submissions or User Reviews posted to Our site(s) for any purpose, commercial or otherwise, without acknowledgment or compensation to You or to anyone else.
User Content (Other Than User Submissions/User Reviews):
If You have a website or other content hosted by Us, You shall retain all of Your ownership or rights in User Content.
By posting or publishing User Content to this site or through Our Services, you authorize Us to use the intellectual property and other proprietary rights in and to Your User Content to enable inclusion and use of the User Content in the manner contemplated by this Agreement. You hereby grant BIKIRAN a worldwide, non-exclusive, royalty-free, sublicensable (through multiple tiers), and transferable license to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform Your User Content in connection with this site, the Services and BIKIRAN’s (and BIKIRAN’s affiliates’) business(es), including without limitation for promoting and redistributing all or part of this site in any media formats and through any media channels without restrictions of any kind and without payment or other consideration of any kind, or permission or notification, to you or any third party. You also hereby grant each user of this Site a non-exclusive license to access Your User Content (apart from User Content that you designate “private” or “password protected”) through this site, and to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content as permitted through the functionality of this site and under this Agreement. The above licenses granted by You in your User Content terminate within a commercially reasonable time after You remove or delete Your User Content from this Site. You understand and agree, however, that BIKIRAN may retain (but not distribute, display, or perform) server copies of Your User Content that have been removed or deleted. The above licenses granted by You in Your User Content are perpetual and irrevocable. Notwithstanding anything to the contrary contained herein, BIKIRAN shall not use any User Content that has been designated “private” or “password protected” by You for the purpose of promoting this site or BIKIRAN’s (or BIKIRAN’s affiliates’) business(es).
9.Availability of Website & Services:
We shall use commercially reasonable efforts to attempt to provide this site, the Services available to purchase on Our site and Our Services on twenty-four (24) hours a day, seven (7) days a week basis. You acknowledge and agree that from time to time this site may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that We undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that We have no control over the availability of this Site or Services on a continuous or uninterrupted basis, and that We assume no liability to You or any other party regarding such, including but not limited to loss of revenue.
From time to time, BIKIRAN may offer new Services (limited preview services or new features to existing Services) in a pre-release version. New Services, new features to existing Services or limited preview services shall be known, individually and collectively, as “Beta Services”. Beta Services, unless otherwise exempted, are subject to the following:
If You elect to use any Beta Services, then your use of the Beta Services is subject to the following terms and conditions: (i) You acknowledge and agree that the Beta Services are pre-release versions and may not work properly; (ii) You acknowledge and agree that Your use of the Beta Services may expose You to unusual risks of operational failures; (iii) The Beta Services are provided as is, so We do not recommend using them in production or mission critical environments; (iv) We reserve the right to modify, change, or discontinue any aspect of the Beta Services at any time; (v) Commercially released versions of the Beta Services may change substantially, and programs that use or run with the Beta Services may not work with the commercially released versions or subsequent releases; (vi) BIKIRAN may limit availability of customer service support time dedicated to support of the Beta Services; (vii) You acknowledge and agree to provide prompt feedback regarding Your experience with the Beta Services in a form reasonably requested by Us, including information necessary to enable us to duplicate errors or problems you experience. You acknowledge and agree that we may use Your feedback for any purpose, including product development purposes. At Our request You will provide Us with comments that We may use publicly for press materials and marketing collateral. Any intellectual property inherent in Your feedback or arising from Your use of the Beta Services shall be owned exclusively by BIKIRAN; (viii) You acknowledge and agree that all information regarding Your use of the Beta Services, including Your experience with and opinions regarding the Beta Services, is confidential, and may not be disclosed to a third party or used for any purpose other than providing feedback to BIKIRAN; (ix) the Beta Services are provided “as is”, “as available”, and “with all faults”. To the fullest extent permitted by law, BIKIRAN disclaims all warranties, statutory, express, or implied, with respect to the Beta Services including, but not limited to, any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
BIKIRAN offers, as part of the Services available to You, products and/or services from third parties. These products and/or services are subject to the terms of this Agreement, including any additional policies and agreements required, and this Agreement controls as between You and BIKIRAN. Nothing contained in any agreement executed between You and a third-party provider shall eliminate, reduce or add to the obligations of BIKIRAN as described herein.
All paid Services are non-refundable, unless otherwise specified.
10.Product Credits:
In the event you are provided with a product credit (“Credit”), whether for redemption of the purchase of a specific product or for free with the purchase of another product (“Purchased Product”), you acknowledge and agree that such Credit is only valid for one (1) year and is only available with a valid purchase and may be terminated in the event the product purchased is deleted, cancelled, transferred or not renewed. The Credit will expire one (1) year from date of purchase of the Purchased Product if the Credit has not been redeemed. If the Credit is redeemed, after the initial subscription period, the product will automatically renew at the then-current renewal price until cancelled.
If you wish to cancel the automatic renewal of the product, you may do so by visiting your Account or by contacting customer service. In the event your Purchased Product includes a free domain name, if you cancel the Purchased Product, the list price for the domain name will be deducted from the refund amount. The list price is the price of the domain name listed on BIKIRAN`s website and is not subject to any promotion, discount, or other reduction in price. For Credits issued for free with another Purchased Product, you acknowledge and agree that we may swap your Credit for a similar product, in our sole discretion.
11.Monitoring of Content; Account Termination Policy:
BIKIRAN generally does not pre-screen User Content (whether posted to a website hosted by BIKIRAN or posted to this Site). However, BIKIRAN reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies with this Agreement.
BIKIRAN may remove any item of User Content (whether posted to a website hosted by BIKIRAN or posted to this Site) and/or terminate a User’s access to this Site or the Services found at this Site for posting or publishing any material in violation of this Agreement, or for otherwise violating this Agreement (as determined by BIKIRAN in its sole and absolute discretion), at any time and without prior notice.
BIKIRAN may also terminate a User’s access to this Site, or the Services found at this Site if BIKIRAN has reason to believe the User is a repeat offender. If BIKIRAN terminates your access to this Site or the Services found at this Site, BIKIRAN may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.
12.Discounted Services; End-of-Life Policy:
BIKIRAN reserves the right to cease offering or providing any of the (i) Services or (ii) individual features, functionalities, or aspects of the Services at any time, for any or no reason, and without prior notice. Although BIKIRAN makes great effort to maximize the lifespan of all its Services and features, functionalities, or aspects of the Services, there are times when a Service or specific feature, functionality, or aspect of a Service that we offer will be discontinued or reach its End-of-Life (`EOL`). If that is the case, those Services, or the specific feature, functionality, or aspect of that Service, will no longer be supported by BIKIRAN, in any way, effective on the EOL date
Notice and Migration. If any Service we offer has reached or will reach EOL, we will attempt to notify you thirty or more days in advance of the EOL date. It is your responsibility to take all necessary steps to replace the Service by migrating to a new Service before the EOL date, or by entirely ceasing reliance on said Service before the EOL date. In either case, BIKIRAN will either offer a comparable Service for you to migrate to for the remainder of the term of your purchase, a prorated in-store credit, or a prorated refund, to be determined by BIKIRAN in its sole and absolute discretion.
BIKIRAN may, with or without notice to you, migrate you to the most up-to-date version of the Service, if available. You agree to take full responsibility for all loss or damage arising from any such migration. If a feature, functionality, or aspect of any Service we offer has reached or will reach EOL, then we will attempt to notify you thirty or more days in advance of the EOL date. However, if the Service maintains a least reasonably equivalent functionality without such feature, functionality, or aspect, as determined by BIKIRAN in its sole and absolute discretion, BIKIRAN will not be required to offer a comparable feature or functionality for the Service or a refund.
No Liability. BIKIRAN will not be liable to you or any third party for any modification, suspension, or discontinuance of any of the (i) Services or (ii) individual features, functionalities, or aspects of the Services we may offer, provide, or facilitate access to.
13.Billing & Payment; Currency; Termination & Cancellation Policy:
Billing and Payment: All fees for the Services shall be in accordance with BIKIRAN`s fee schedule then in effect, the terms of which are incorporated herein by reference, and shall be due at the time You order the Services, unless otherwise noted. You may pay for Services by providing a valid credit or debit card, an electronic check (from your personal or business checking account, as appropriate), PayPal, or any other payment method then accepted by BIKIRAN (each a “Payment Method”); provided, however, that We may at Our option require that You pay fees through a particular payment means (such as by credit card or by wire transfer) or that You change from one payment provider to another.
Charges for the Service(s) will be billed to Your chosen Payment Method as charges for “BIKIRAN.COM ” The statement descriptor may also include a unique identifier of the transaction. BIKIRAN is not responsible for any changes in statement descriptors made by Your credit card issuer. If You choose to pay for the Service(s) by credit card, our payment processing service provider may, at the beginning of the payment process, pre-authorize the transaction charges against Your credit card. This process confirms both the validity of the credit card and the availability of sufficient funds to finalize the transaction. If, after commencing the payment process, you subsequently elect not to finalize Your transaction, we will clear any pre-authorized charges from Our systems and reverse the payment within two [2] hours.
Depending on Your credit card provider and their policies, pre-authorized charges may continue to be reflected in Your credit card account details for longer than this two [2] hour period. All prices and fees are non-refundable unless otherwise expressly noted, even if Your Services are suspended, terminated, or transferred prior to the end of the Services term. BIKIRAN expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online at this site, or the relevant site of the Service, and effective immediately without need for further notice to You. If You have purchased or obtained Services for a period of months or years, changes or modifications in prices and fees shall be effective when the Services in question come up for renewal as further described below.
IN ORDER TO ENSURE THAT YOU DO NOT EXPERIENCE AN INTERRUPTION OR LOSS OF SERVICES, MOST SERVICES OFFER AN AUTOMATIC RENEWAL OPTION. THE AUTOMATIC RENEWAL OPTION WILL ATTEMPT TO AUTOMATICALLY RENEW THE APPLICABLE SERVICE FOR A RENEWAL PERIOD EQUAL IN TIME TO THE MOST RECENT SERVICE PERIOD, EXCEPT FOR DOMAIN NAMES WHICH WILL RENEW FOR THE ORIGINAL SERVICE PERIOD. FOR EXAMPLE, FOR PRODUCTS OTHER THAN DOMAINS, IF YOUR LAST SERVICE PERIOD IS FOR ONE YEAR, YOUR RENEWAL PERIOD WILL BE FOR ONE YEAR. WITH THE AUTOMATIC RENEWAL OPTION, BIKIRAN WILL ATTEMPT TO RENEW THE APPLICABLE SERVICE WHEN IT COMES UP FOR RENEWAL AND WILL TAKE PAYMENT FROM THE PAYMENT METHOD YOU HAVE ON FILE WITH US AT BIKIRAN’S THEN CURRENT RATES, WHICH YOU ACKNOWLEDGE AND AGREE MAY BE HIGHER OR LOWER THAN THE RATES FOR THE ORIGINAL SERVICE PERIOD. PLEASE NOTE THAT RENEWAL DATES VARY BY SERVICE. FOR INSTANCE, SOME SERVICES MAY RENEW THIRTY (30) DAYS PRIOR TO EXPIRATION AND OTHERS MAY RENEW FIVE (5) DAYS PRIOR TO EXPIRATION. YOU MAY ENABLE OR DISABLE THE AUTOMATIC RENEWAL OPTION AT ANY TIME. HOWEVER, SHOULD YOU ELECT TO DISABLE THE AUTOMATIC RENEWAL OPTION AND FAIL TO MANUALLY RENEW YOUR SERVICES BEFORE THEY EXPIRE OR IF YOUR PAYMENT METHOD CHOSEN FOR YOUR AUTOMATIC RENEWAL SHOULD FAIL, YOU MAY EXPERIENCE AN INTERRUPTION OR LOSS OF SERVICES, AND BIKIRAN SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY REGARDING THE SAME. BIKIRAN RESERVES THE RIGHT TO DETERMINE WHETHER A SECOND ATTEMPT AT PAYMENT WILL BE MADE SHOULD THE CHOSEN PAYMENT METHOD FAIL.
IN ADDITION, BIKIRAN MAY PARTICIPATE IN “RECURRING BILLING PROGRAMS” OR “ACCOUNT UPDATER SERVICES” SUPPORTED BY YOUR THIRD-PARTY BILLING PROVIDER. IF YOU ARE ENROLLED IN AN AUTOMATIC RENEWAL OPTION AND WE ARE UNABLE TO SUCCESSFULLY CHARGE YOUR EXISTING PAYMENT METHOD, YOUR CREDIT CARD PROVIDER (OR YOUR BANK) MAY NOTIFY US OF UPDATES TO YOUR CREDIT CARD NUMBER AND/OR EXPIRATION DATE, OR THEY MAY AUTOMATICALLY CHARGE YOUR NEW CREDIT CARD ON OUR BEHALF WITHOUT NOTIFICATION TO US. IN ACCORDANCE WITH RECURRING BILLING PROGRAM REQUIREMENTS, IN THE EVENT THAT WE ARE NOTIFIED OF AN UPDATE TO YOUR CREDIT CARD NUMBER AND/OR EXPIRATION DATE, BIKIRAN WILL AUTOMATICALLY UPDATE YOUR PAYMENT PROFILE ON YOUR BEHALF. BIKIRAN MAKES NO GUARANTEES THAT WE WILL REQUEST OR RECEIVE UPDATED CREDIT CARD INFORMATION. YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO MODIFY AND MAINTAIN YOUR ACCOUNT SETTINGS, INCLUDING BUT NOT LIMITED TO (I) SETTING YOUR RENEWAL OPTIONS AND (II) ENSURING YOUR ASSOCIATED PAYMENT METHOD(S) ARE CURRENT AND VALID. FURTHER, YOU ACKNOWLEDGE AND AGREE THAT YOUR FAILURE TO DO SO MAY RESULT IN THE INTERRUPTION OR LOSS OF SERVICES, AND BIKIRAN SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY REGARDING THE SAME.
If for any reason BIKIRAN is unable to charge your payment method for the full amount owed for the Services provided, or if We receive notification of a chargeback, reversal, payment dispute, or are charged a penalty for any fee previously charged to your payment method, You agree that BIKIRAN may pursue all available lawful remedies in order to obtain payment, including but not limited to, immediate cancellation, without notice to You, of any domain names or Services registered or renewed on Your behalf. You also agree that all rights to and interest in and use of any Services, content and/or products purchased through Us, including all data hosted on Our systems shall be assumed by Us in satisfaction of any indebtedness by You to Us. Our reinstatement fee is currently equal to the fee charged by the payment processor involved in the transaction reversal.
BIKIRAN also reserves the right to charge You reasonable `administrative fees` or `processing fees` for (i) tasks BIKIRAN may perform outside the normal scope of its Services, (ii) additional time and/or costs We may incur in providing its Services, and/or (iii) Your noncompliance with this Agreement (as determined by BIKIRAN in its sole and absolute discretion). Typical administrative or processing fee scenarios include, but are not limited to (i) customer service issues that require additional personal time or attention; (ii) investigation into the use of BIKIRAN services where it is alleged and verified by BIKIRAN that your use of such services were for abuse; (iii) account maintenance where there has been inactivity in your account for 6 months or more; (iv) UDRP action(s) in connection with Your domain name(s) and/or disputes that require accounting or legal services, whether performed by BIKIRAN staff or by outside firms retained by BIKIRAN; (v) recouping any and all costs and fees, including the cost of Services, incurred by BIKIRAN as the results of chargebacks or other payment disputes brought by You, Your bank or payment method processor. These administrative fees or processing fees will be billed to the payment method You have on file with BIKIRAN.
If You signed up for a monthly payment plan, your monthly billing date will be determined based on the day of the month you purchased the products or Services. If You signed up for an annual (or longer) payment plan, and You elected the automatic renewal option, BIKIRAN will automatically renew Your Services when they come up for renewal and will take payment in accordance with the designated payment method at BIKIRAN`s then current rates.
Currency: While all purchases are processed in US dollars, BIKIRAN may provide an estimated conversion price to currencies other than US dollars. You acknowledge and agree that the pricing displayed during the checkout process is an estimate. Due to potential slight time delays between actual purchase and the payment settlement, the actual price charged may fluctuate. Accordingly, BIKIRAN makes no representations or warranties that the actual price will be the same or substantially like the actual price You will pay, and You waive all claims based upon any discrepancy between the estimate and the actual price. In addition, you may be charged VAT or additional offshore margin and/or fees, based on the country indicated in Your billing address section. Any amounts to be charged will appear during the checkout process.
Termination & Cancellation Policy: The initial term of Your agreement with BIKIRAN shall be as set forth in Your Order Form. The Initial Term shall begin upon commencement of the Services in the Order Form. After the Initial Term, your agreement with BIKIRAN shall automatically renew for successive terms of equal length as the Initial Term, unless terminated or cancelled by either party as provided in this section.
This agreement may be terminated: (i) by You when You discontinue the use of Our Services or (ii) by BIKIRAN at any time, without prior notice, if, in BIKIRAN`s judgment, You are in violation of any terms or conditions herein; or (iii) in BIKIRAN`s sole judgment, Your use of the Services places or is likely to place unreasonable demands upon BIKIRAN or could disrupt BIKIRAN`s business operations; or (iv) by BIKIRAN if it so determines that You are or are alleged to be violating the terms and conditions of any other agreement entered into by You and BIKIRAN.
In the event of termination or suspension of Services under the above circumstances, You agree (a) that no pre-paid fees will be refunded to You; and (b) that BIKIRAN may take control of any domain name associated with the terminated Services, provided such domain name was registered through the domain name registration of BIKIRAN.
Refunds do NOT apply to Services unless otherwise specified.
In the event of termination of this Agreement caused by Your default hereunder, you shall bear all costs of termination, including any reasonable costs BIKIRAN incurs in closing Your account. You agree to pay all costs incurred by BIKIRAN in enforcing Your compliance with this section. Upon termination, you shall destroy any copy of the materials provided to You hereunder and referenced herein. You agree that upon termination or discontinuance for any reason, BIKIRAN may delete all information related to You on the Services.
14.Additional Reservation of Rights:
BIKIRAN expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services (including the right to cancel or transfer any domain name registration) for any reason (as determined by BIKIRAN in its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by BIKIRAN in offering or delivering any Services (including any domain name registration), (ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry or registrar, (iii) to assist with our fraud and abuse detection and prevention efforts, (iv) to comply with court orders against you and/or your domain name or website and applicable local, state, national and international laws, rules and regulations, (v) to comply with requests of law enforcement, including subpoena requests, (vi) to comply with any dispute resolution process, (vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, (viii) to avoid any civil or criminal liability on the part of BIKIRAN, its officers, directors, employees and agents, as well as BIKIRAN`s affiliates, including, but not limited to, instances where you have sued or threatened to sue BIKIRAN, or (ix) to respond to an excessive amount of complaints related in any way to your Account, domain name(s), or content on your website that could result in damage to BIKIRAN’s business, operations, reputation or shareholders.
BIKIRAN expressly reserves the right to review every Account for excessive space and bandwidth utilization, and to terminate or apply additional fees to those Accounts that exceed allowed levels.
BIKIRAN expressly reserves the right to terminate, without notice to you, all Services where, in BIKIRAN`s sole discretion, you are harassing or threatening BIKIRAN and/or any of BIKIRAN`s employees
BIKIRAN Content. Except for User Content, the content on this Site and the Services, including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein (“BIKIRAN Content”), are owned by or licensed to BIKIRAN in perpetuity, and are subject to copyright, trademark, and/or patent protection in the United States and foreign countries, and other intellectual property rights under United States and foreign laws. BIKIRAN Content is provided to you “as is”, “as available” and “with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of BIKIRAN. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement. BIKIRAN reserves all rights not expressly granted in and to the BIKIRAN Content, this Site and the Services, and this Agreement do not transfer ownership of any of these rights.
15.Customer Support:
BIKIRAN provides customer support to You at no additional fee for issues related to BIKIRAN Services only. BIKIRAN has the right to decide what is a service-related issue and to charge additional fees or refuse support for non-service-related issues. Any fees paid by You for providing non-service-related support are non-refundable. BIKIRAN will also require, before assistance can be given, that You verify Your identity in relation to the Account in question. We will determine, in Our sole and absolute discretion, what must be provided for verification purposes, including the use of secure validation tools such as www.icnnn.org.
Unless otherwise directed by a specific Service, you can request customer support only by opening Live Chat or Ticket through the Support system located in the Customer area. BIKIRAN will have no liability to provide customer support if it is requested in any other way apart from the Support system or the instructions specific to the Service at issue. You are solely responsible to use the appropriate Support category when opening Live Chat or posting Ticket. BIKIRAN will have no liability to respond to tickets opened in inappropriate categories. BIKIRAN shall not be liable for any delay in Live Chat and/or Ticket opened in inappropriate categories. You acknowledge that by asking our customer support representatives for assistance, you authorize their intervention and operation in Your account.
You must provide BIKIRAN with all information and access to facilities that BIKIRAN may reasonably require to provide the requested customer support. You are solely liable for performing and storing a back-up copy of data, files, hosting account and any other content prior to requesting customer support and agreeing to any interference or operation, provided by BIKIRAN. In the event You are not satisfied with the outcome of any action You shall be solely responsible for restoring the back-up copies of Your data. You should not abuse the Support system. Abuse of the Support system includes, but is not limited to, excessive number of Live Chats and Tickets opened by a single Customer, aggressive and/or harassing behavior, repetitive use of inappropriate categories for opening Live Chats, posting Tickets, etc. Any abuse of the Support system may result in warning, Support access restrictions, account suspension or possible account termination with no refund. BIKIRAN has the sole right to decide what constitutes abuse of the Support system.
16.Disclaimer of Representations and Warranties:
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND OUR SERVICES SHALL BE AT YOUR OWN RISK AND THAT SERVICES FOUND ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. BIKIRAN, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BIKIRAN, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND BIKIRAN ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY NAMECHEAP, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS SUPPORT CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR OUR SERVICES.
17.Limitation of Liability; Waiver and Release:
IN NO EVENT SHALL BIKIRAN, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) OUR SERVICES WHETHER FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR OUR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT BIKIRAN IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE THAT BIKIRAN WILL NOT BE LIABLE FOR ANY (I) SUSPENSION OR LOSS OF THE SERVICES; (II) INTERRUPTION OF BUSINESS; (III) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE WEBSITE(S) PROVIDED THROUGH OR BY THE SERVICES; (IV) LOSS OR LIABILITY RESULTING FROM ACTS OF GOD; (V) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (IV) EVENTS BEYOND THE CONTROL OF BIKIRAN; (VII) THE PROCESSING OF YOUR APPLICATION FOR SERVICES; OR (VIII) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE OR OUR SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL BIKIRAN’S TOTAL AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE PARTICULAR SERVICES THAT ARE THE SUBJECT OF THE CAUSE OF ACTION.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.
NO WAIVER OF ANY PROVISION OF THIS AGREEMENT SHALL BE EFFECTIVE UNLESS IT IS IN WRITING AND SIGNED BY AN AUTHORIZED REPRESENTATIVE OF BIKIRAN.
18.Indemnification:
You agree to protect, defend, indemnify and hold harmless BIKIRAN and its officers, directors, employees, agents, and third party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by BIKIRAN directly or indirectly arising from (i) your use of and access to this Site or the Services found at this Site; (ii) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site
19.Compliance with Local Laws:
BIKIRAN makes no representation or warranty that the content available on this Site or the Services found at this Site are appropriate in every country or jurisdiction, and access to this Site or the Services found at this Site from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site or the Services found at this Site are responsible for compliance with all local laws, rules, and regulations.
20.U.S. Export Laws:
This Site and Our Services are subject to the export laws, restrictions, regulations and administrative acts of the United States Department of Commerce, Department of Treasury Office of Foreign Assets Control (“OFAC”), State Department, and other United States authorities (collectively, “U.S. Export Laws”). Users shall not use the Services found at this Site to collect, store, or transmit any technical information or data that is controlled under U.S. Export Laws. Users shall not export or re-export, or allow the export or re-export of, the Services found at this Site in violation of any U.S. Export Laws. None of Our Services may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any country with which the United States has embargoed trade; or (ii) to anyone on the U.S. Treasury Department`s list of Specially Designated Nationals or the U.S. Commerce Department`s Denied Persons List, or any other denied parties lists under U.S. Export Laws. By using this site and Our Services, You agree to the foregoing and represent and warrant that You are not a national or resident of, located in, or under the control of, any restricted country; and You are not on any denied parties list; and You agree to comply with all U.S. Export Laws (including “anti-boycott”, “deemed export” and “deemed re-export” regulations). If You access this site or Our Services from other countries or jurisdictions, you do so on Your own initiative and You are responsible for compliance with the local laws of that jurisdiction, if and to the extent those local laws are applicable and do not conflict with U.S. Export Laws. If such laws conflict with U.S. Export Laws, you shall not access this site or Our Services. The obligations under this section shall survive any termination or expiration of this Agreement or Your use of this site or Our Services.
21.Governing Law; Jurisdiction; Waiver of Trial By Jury:
Except as otherwise set forth in the UDRP or any similar policy with respect to any dispute regarding the Services provided under this Agreement, your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and the State of Arizona. You agree that any action to enforce this agreement or any matter relating to Your use of the Services must be brought exclusively in the United States District Court of Arizona, or if there is no jurisdiction in such court, then in a state court in Maricopa County, State of Arizona. You agree to waive the right to a trial by jury in any action or proceeding that takes place relating to or arising out of this Agreement.
22.No Third Party Beneficiary Rights:
This Agreement, and any/all supplements to it, is not intended to and shall not be construed to give any Third Party any interest or rights (including, without limitation, any third-party beneficiary rights) with respect to or in connection with any agreement or provision contained herein or contemplated hereby.
23.Notices:
You agree that any notices required to be given under this Agreement by Us to You will be deemed to have been given if delivered in accordance with the account and/or, if domain related, the domain name Whois information You have provided. You acknowledge that it is Your responsibility to maintain current contact information in the account and/or domain name Whois information You have provided.
24.Final Agreement:
This Agreement, together with all modifications, constitutes the complete and exclusive agreement between You and Us, and supersedes and governs all prior proposals, agreements, or other communications. This Agreement may not be amended or modified by You except by means of a written document signed by both You and an authorized representative of Us. By applying for BIKIRAN’s Services through the online application process or otherwise, or by using the Services under this Agreement, you acknowledge that You have read and agree to be bound by all terms and conditions of this Agreement and documents incorporated by reference.
25.No Agency Relationship:
Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties hereto. Each party shall ensure that the foregoing persons shall not represent to the contrary, either expressly, implicitly, by appearance or otherwise.
26.Assignment and Resale:
Except as otherwise set forth herein, your rights under this Agreement are not assignable or transferable. Any attempt by Your creditors to obtain an interest in Your rights under this Agreement, whether by attachment, levy, garnishment or otherwise, renders this Agreement voidable at Our option. You agree not to reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes any of the Services (or portion thereof) without BIKIRAN`s prior express written consent.
27.Unclaimed Property: Dormancy Charges:
Please be advised that if a customer has an outstanding account balance (a credit positive balance) for three (3) years or more for any reason, and (i) BIKIRAN is unable to issue payment to such customer or (ii) BIKIRAN issued payment to such customer in the form of a paper check, but the check was never cashed, then BIKIRAN shall turn over such account balance to the State of Arizona in accordance with state law. You acknowledge and agree that in either case (i) or (ii) above, BIKIRAN may withhold a dormancy charge in an amount equal to the lesser of $25.00 or the total outstanding account balance associated with such customer.
28.Force Majeure:
Neither party shall be deemed in default hereunder, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to causes beyond its control including, but not limited to: earthquake; flood; fire; storm; natural disaster; act of God; war; terrorism; armed conflict; labor strike; lockout; boycott; supplier failures, shortages, breaches, or delays; or any law, order regulation, direction, action or request of the government, including any federal, state and local governments having or claiming jurisdiction over BIKIRAN, or of any department, agency, commission, bureau, corporation or other instrumentality of any federal, state, or local government, or of any civil or military authority; or any other cause or circumstance, whether of a similar or dissimilar nature to the foregoing, beyond the reasonable control of the affected party, provided that the party relying upon this section (i) shall have given the other party written notice thereof promptly and, in any event, within five (5) days of discovery thereof and (ii) shall take all steps reasonably necessary under the circumstances to mitigate the effects of the force majeure event upon which such notice is based; provided further, that in the event a force majeure event described in this section extends for a period in excess of thirty (30) days in the aggregate, BIKIRAN may immediately terminate this Agreement.
29.English Language Control:
This Agreement, along with all policies and the applicable product agreements identified above and incorporated herein by reference (collectively, the “Agreement”), is executed in the English language. To the extent any translation is provided to you, it is provided for convenience purposes only, and in the event of any conflict between the English and translated version, where permitted by law, the English version will control and prevail. Where the translated version is required to be provided to you and is to be considered binding by law (i) both language versions shall have equal validity, (ii) each party acknowledges that it has reviewed both language versions and that they are substantially the same in all material respects, and (iii) in the event of any discrepancy between these two versions, the translated version may prevail, provided that the intent of the Parties has been fully taken into consideration.
30.Headings:
The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.
31.Contact Information:
If you have any questions, concerns, or complaints about our Privacy Policy, or how we handle your personal data, you may contact our Office of the Data Protection Officer by email at [email protected]. In the alternative, you may contact us by either of the following means:
Office Address
Khulna: Office No. 401, IT Incubation & Training Center KUET, Khulna 9203, Bangladesh
Dhaka: House-02, Block-F, Shangbadik Abashik Elaka, Kalshi Road, Mirpur-11, Dhaka-1216, Bangladesh
Phone Number